The URL can be used to link to this page

12/13/2022 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: Mark Trenary E/D & Tourism Committee, Chair Utilities/Sewer Advisory Committee Transportation Committee KRCC-alt Shawn Cucciardi Finance Committee E/D & Tourism Committee Lodging Tax, Chair Fred Chang Economic Development & Tourism Committee Land Use Committee Transportation Committee, Chair Jay Rosapepe Finance Committee, Land Use Committee KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol alt, KRCC Planpol-alt, John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli (Mayor Pro-Tempore) Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener 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 City of Port Orchard Council Meeting Agenda December 13, 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/*/87817652569 Zoom Meeting ID: 878 1765 2569 Zoom Call -In: 1 253 215 8782 Guiding Principles • Are we raising the bar? • Are we honoring the past, but not living in the past? • Are we building connections with outside partners? • Is the decision -making process positively impacting diversity, equity, and inclusion? 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. Please keep your comments respectful and no personal attacks. This is a comment period and not a question -and -answer session. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand. 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Vouchers and Electronic Payments B. Approval of Payroll and Direct Deposits C. Adoption of a Resolution Approving the WA State Department of Commerce GMA Periodic Update Grant-FY 2023 Interagency Agreement (Bond) Page 4 D. Adoption of a Resolution Declaring Certain Personal Property as Surplus and Authorizing its Disposition Thereof (Wallace) Page 21 E. Approval of Amendment No. 2 to Agreement No. 002-21 with AtWork! Commercial Enterprises, LLC for 2021 for Tremont Landscaping Maintenance (Lang) Page 24 F. Approval of Amendment No. 2 to Agreement No. 007-21 with AtWork! Commercial Enterprises, LLC for 2021 Various Areas Landscaping Maintenance (Lang) Page 41 G. Adoption of a Resolution Approving Amendment No. 1 to Contract No. 094-20 with Grette Associates for Third -Party Critical Areas Review (Bond) Page 60 H. Approval of a Contract with Kitsap Council Prosecuting Attorney for Prosecution of Municipal Criminal Complaints and Civil Infractions (Wallace) Page 76 I. Adoption of a Resolution Amending Resolution No. 111-22 for Purchase of Vacant Property on Sherman Ave for Stormwater Facilities and Grant of a Drainage Easement (Archer) Page 82 J. Approval of Amendment No. 2 to Contract No. 001-22 with CONSOR North America, Inc. for 2022 On- Call/Modeling Services for the City's Water Systems (Lang) Page 99 K. Approval of Amendment No. 1 to Contract No. 003-22 with CONSOR North America, Inc. for 2022 On- Call/Modeling Update Services for the City's Sewer Systems (Lang) Page 116 L. Approval to Accept Ballard Marine Construction and Newalen, LLC Services to Acquire for Derelict Vessel Removal and Acceptance of Department of Natural Resources Reimbursement through the Derelicts Vessel Removal Program (M. Brown) Page 133 M. Approval a Contract with Washington State Parks and Recreation Commission Subrecipient Grant Agreement for a Federal Financial Assistance Grant (M. Brown) Page 148 N. Approval of Amendment No. 5 to Contract No. 002-18 with Kitsap County for Incarceration of City Prisoners (M. Brown) Page 217 O. Approval of a Purchase with CDW-G for Microsoft Product Licenses (Crocker) Page 231 5. PRESENTATION 6. PUBLIC HEARING 7. EXECUTIVE SESSION Pursuant to RCW 42.30.110(1)(i), the City Council WILL hold an executive session regarding potential litigation. The topic(s) and the session duration will be announced prior to the executive session. 8. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipal Code 5.84 Concerning Utility Taxes (Bond) Page 236 B. Adoption of an Ordinance Adopting Annual Housekeeping Amendments under Port Orchard Municipal Code Titles 5, 10, and 20 (Bond) Page 249 C. Adoption of an Ordinance Amending Port Orchard Municipal Code Section 20.132 Creating New Code Language to Allow Subdivision Entry Signage (Bond) Page 275 D. Adoption of a Resolution Granting Final Plat Approval for Stetson Heights Phase 3 (Bond) Page 296 E. Adoption of a Resolution Approving the Comprehensive Plan Periodic Update Public Participation Program (Bond) Page 341 F. Approval of an Agreement with the Police Guild Representing Patrol Officers Regarding Recruitment Incentives for New Certified and Lateral Police Officers (Lund) Page 352 G. Approval of Amendment No. 8 to Contract No. 066-20 with Rice Fergus Miller, Inc. for the Design Development and Construction Drawings of the Port Orchard CEC-LEED Feasibility (Bond) Page 358 H. Approval of the November 8, 2022, City Council Meeting Minutes Page 384 I. Approval of the November 15, 2022, City Council Work Study Session Meeting Minutes Page 389 J. Approval of the November 22, 2022, City Council Meeting Minutes Page 392 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.portorchardWg.gov or by contacting the City Clerk's office at (360) 876-4407. December 13, 2022, Meeting Agenda Page 2 of 3 9. DISCUSSION ITEMS (No Action to be Taken) A. Community Event Center Shoreline Design (Bond) Page 398 10. REPORTS OF COUNCIL COMMITTEES 11. REPORT OF MAYOR 12. REPORT OF DEPARTMENT HEADS 13. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.) 14. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council WILL hold an executive session. REGARDING PENDING LITIATION The topic(s) and the session duration will be announced prior to the executive session. 15. CITY COUNCIL GOOD OF THE ORDER 16. ADJOURNMENT COMMITTEE MEETINGS Economic Development and Tourism Utilities Finance Transportation Festival of Chimes & Lights Land Use Lodging Tax Advisory Sewer Advisory Outside Agency Committees Date & Time TBD TBD January 17, 2023; 5:00pm January 24, 2023; 4:30pm; 4th Tuesday of each month January 23, 2023; 3:30pm TBD February, 2023 March 22, 2023; 5:OOPM Varies Location Remote Access Remote Access Remote Access Remote Access Remote Access Remote Access City Hall and Remote Access City Hall Varies Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.portorchardWg.gov or by contacting the City Clerk's office at (360) 876-4407. December 13, 2022, Meeting Agenda Page 3 of 3 Back to Agenda ;0 4 a Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 4C Adoption of a Resolution Approving the WA State Department of Commerce GMA Periodic Update Grant - FY 2023 Interagency Agreement Meeting Date: Prepared by: December 13, 2022 Nicholas Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: The City is required to prepare a periodic update to the City's Comprehensive Plan and Critical Areas Code by December 31, 2024. On September 30, 2022, the City of Port Orchard applied for and successfully received a State -funded grant of $125,000 from the Washington State Department of Commerce under the authority granted by Chapter 39.34 RCW for the completion the Growth Management Act (GMA) requirement to review and revise the comprehensive plan and development regulations under RCW 36.70A.130(5). The awarded grant amount of $125,000 is specifically for the required Comprehensive Plan Periodic Update and does not require a local match. The total project cost estimate submitted by the Department of Community Development as part of the GMA Periodic Update Grant application process was $389,023, including city staff time. The grant funding is to be disbursed equally between the State of Washington's FY 2023 and FY 2024 where $62,500 are available for reimbursement through the end of June 2023 and $62,500 will be available for FY 2024. Comprehensive Plan Update work completed after June 2022 and prior to the execution of the Interagency Agreement may be retroactively reimbursed. This Agreement is specific to FY 2023. An additional Interagency Agreement will be necessary for FY 2024. The City selected AHBL, Inc as the Comprehensive Plan Update consultant in September 2022 and awarded a Contract in the amount of $361,965. City staff and AHBL have actively worked on the first set of deliverables for the Comprehensive Plan Update since the Contract's execution date. Staff anticipates the first deliverable outlined in the Grant application to be provided to the Department of Commerce by the end of 2022 and with approval of this Interagency Agreement that cost of that work will be eligible for reimbursement through the Grant Program. The remainder of FY 2023's $62,500 will be available specifically for the continued work associated with the Periodic Update. Relationship to Comprehensive Plan: Implements the 2024 Comprehensive Plan Periodic Update Recommendation: Staff recommends that the City Council authorize the execution of Washington State Department of Commerce Interagency Agreement with the City of Port Orchard through Growth Management Services for the GMA Periodic Update Grant to review and revise the Comprehensive Plan and development regulations under RCW 36.70A.130(5). Page 4 of 404 Back to Agenda Staff Report 4C Page 2 of 2 Motion for consideration: "I move to adopt a resolution and authorize the Mayor to execute the Washington State Department of Commerce Interagency Agreement with the City of Port Orchard through Growth Management Services for the GMA Periodic Update Grant in the amount of $62,500." Fiscal Impact: The grant program provides $125,000 in no -match funding to the City of Port Orchard. Alternatives: Refuse Grant. Attachments: Resolution, Washington State Department of Commerce Interagency Agreement. Page 5 of 404 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERAGENCY AGREEMENT WITH DEPARTMENT OF COMMERCE RELATED TO THE GMA PERIODIC UPDATE GRANT — FY 2023. WHEREAS; the City of Port Orchard is required to prepare a periodic update to the City's Comprehensive Plan and Critical Areas Code by December 31, 2024; and WHEREAS; on September 30, 2022, the City of Port Orchard applied for and successfully received a State -funded grant of $125,000 from the Washington State Department of Commerce under the authority granted by Chapter 39.34 RCW for the completion the Growth Management Act (GMA) requirement to review and revise the comprehensive plan and development regulations under RCW 36.70A.130(5); and WHEREAS; the awarded grant amount of $125,000 is specifically for the required Comprehensive Plan Periodic Update does not require a local match; and WHEREAS, $62,500 of the awarded grant is available for Fiscal Year 2023; and WHEREAS, the Washington State Department of Commerce requires the City to execute an Interagency Agreement with the Department prior to receiving the funds; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council authorizes the Mayor to execute an Interagency Agreement with the Department of Commerce related to the GMA Periodic Update Grant — FY 2023 State program, attached hereto as Exhibit A and incorporated herein by this reference. 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 131" day of December 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 6 of 404 .�►. Washington State Department of �i►� Commerce Interagency Agreement with For City of Port Orchard through Growth Management Services Contract Number: 23-63210-042 GMA Periodic Update Grant — FY2023 Dated: Date of Execution Page 7 of 404 1► Washing -.on Sale Department of %of Commerce Back to Agenda Table of Contents TABLE OF CONTENTS.............................................................................................................................2 FACESHEET.........................................................................................................................................3 SPECIAL TERMS AND CONDITIONS...........................................................................................................4 1. AUTHORITY.............................................................................................................................................................4 2. CONTRACT MANAGEM ENT ...................................................................................................................................4 3. COMPENSATION....................................................................................................................................................4 4. BILLING PROCEDURES AND PAYMENT..................................................................................................................4 5. SUBCONTRACTOR DATA COLLECTION..................................................................................................................5 6. INSURANCE.............................................................................................................................................................5 7. FRAUD AND OTHER LOSS REPORTING..................................................................................................................5 8. USE OF PRODUCTS.................................................................................................................................................5 9. ORDER OF PRECEDENCE........................................................................................................................................5 GENERAL TERMS AND CONDITIONS.........................................................................................................6 1. DEFINITIONS...........................................................................................................................................................6 2. ALL WRITINGS CONTAINED HEREIN......................................................................................................................6 3. AMENDMENTS.......................................................................................................................................................6 4. ASSIGNMENT..........................................................................................................................................................6 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION...............................................................................6 6. COPYRIGHT.............................................................................................................................................................7 7. DISPUTES................................................................................................................................................................7 8. GOVERNING LAWANDVENUE..............................................................................................................................8 9. INDEMNIFICATION................................................................................................................................................. 8 10. LICENSING, ACCREDITATION AND REGISTRATION...............................................................................................8 11. RECAPTURE.............................................................................................................................................................8 12. RECORDS MAINTENANCE......................................................................................................................................8 13. SAVINGS..................................................................................................................................................................8 14. SEVERABILITY.........................................................................................................................................................8 15. SUBCONTRACTING.................................................................................................................................................9 16. SURVIVAL................................................................................................................................................................9 17. TERMINATION FOR CAUSE....................................................................................................................................9 18. TERMINATION FOR CONVENIENCE.......................................................................................................................9 19. TERMINATION PROCEDURES................................................................................................................................9 20. TREATMENT OF ASSETS.......................................................................................................................................10 21. WAIVER.................................................................................................................................................................11 ATTACHMENT A: SCOPE OF WORK........................................................................................................12 ATTACHMENT B: BUDGET....................................................................................................................14 Page 8 of 404 Page 2 of 14 Washington Sale .0�, Depa•trrient of Commerce Back to Agenda Face Sheet Local Government Division Growth Management Services Contract Number: 23-63210-042 1. Contractor 2. Contractor Doing Business As (as applicable) City of Port Orchard N/A 216 Prospect Street Port Orchard, WA 98366 3. Contractor Representative 4. COMMERCE Representative Nick Bond, AICP Catherine McCoy PO Box 42525 Community Development Director Senior Planner 1011 Plum St. SE (360) 874-5533 (360) 725-2910 Olympia, WA 98504 nbond@cityofportorchard.us catherine.mccoVCDcommerce.wa.gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $62,500 Federal: ❑ State: ® Other: ❑ N/A: ❑ Date of Execution June 30, 2023 9. Federal Funds (as applicable) Federal Agency: ALN N/A N/A N/A 10. Tax ID # 11. SWV# 12. UBI # 13. UEI # N/A SW V0025665-00 182-000-005 N/A 14. Contract Purpose Grant funding to assist the City of Port Orchard with planning work for the completion the Growth Management Act (GMA) requirement to review and revise the comprehensive plan and development regulations under RCW 36.70A.130(5). COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work and Attachment B -Budget FOR CONTRACTOR FOR COMMERCE Mark K. Barkley, Assistant Director Robert Putaansuu, Mayor City of Port Orchard Local Government Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Page 9 of 404 Page 3 of 14 Washington Sale .0�, Depa•trrient of Commerce Back to Agenda Special Terms and Conditions AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed sixty-two thousand, five hundred dollars ($62,500), for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services and deliverables provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly nor less than quarterly. The parties agree this is a performance -based contract intended to produce the deliverables identified in Scope of Work (Attachment A). Payment of any invoice shall be dependent upon COMMERCE'S acceptance of Contractor's performance and/or deliverable. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 23-63210-042. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Grant Start Date COMMERCE will pay the Contractor for costs incurred beginning July 1, 2022, for services and deliverables described under this Agreement_ Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Page 10 of 404 Page 4 of 14 Back to Agenda Washington Sale .0�, Depa•trrient of Commerce Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors_ COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). Line Item Transfers The total amount of transfers of funds between line item budget categories shall not exceed ten percent (10%) of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to justification and negotiation of a contracts amendment by the Contractor and COMMERCE. Ineligible Costs Only eligible project -related costs will be reimbursed. Ineligible costs include, but are not necessarily limited to: capital expenses, such as land acquisition or construction costs; purchase of machinery; hosting expenses, such as meals, lodging, or transportation incurred by persons other than staff and volunteers working directly on the project; lobbying or political influencing; and other costs which are not directly related to the project. 5. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 6. INSURANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 7. FRAUD AND OTHER LOSS REPORTING Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 8. USE OF PRODUCTS Nothing in this Agreement, including this Section 6 or 20 of the General Terms and Conditions, prohibits or otherwise restricts the Contractor from fully utilizing any and all materials created under this Agreement, including adopting, publicizing, amending, publishing, using, etc. 9. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget Page 11 of 404 Page 5 of 14 Washington Sale .0�, Depa•trrient of Commerce Back to Agenda General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Washington Department of Commerce. C. "Contract" or "Agreement" or "Grant' means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to east or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and Page 12 of 404 Page 6 of 14 Washington Sale .0�, Depa•trrient of Commerce Back to Agenda iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority Page 13 of 404 Page 7 of 14 Back to Agenda Washington Sale .0�, Depa•trrient of Commerce prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all directand indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. Page 14 of 404 Page 8 of 14 Back to Agenda Washington Sale .0�, Depa•trrient of Commerce 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. Page 15 of 404 Page 9 of 14 Back to Agenda Washington Sale .0�, Depa•trrient of Commerce COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management Page 16 of 404 Page 10 of 14 Washington Sale .0�, Depa•trrient of Commerce Back to Agenda practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Page 17 of 404 Page 11 of 14 Washington Sale .0�, Depa•trrient of Commerce Back to Agenda Attachment A: Scope of Work Tasks / Actions / Description End Date Deliverables Task 1 Gap Analysis of the City's Planning and September Policy Documents 2022- December 2022 Action Collect City plans, documents, and data to be September 2022- reconciled within the City's Comprehensive Plan December 2022 update process. Action Prepare a gap analysis matrix based on the September 2022- context changes and planning efforts that have December 2022 occurred since the last Comprehensive Plan adoption. Work to include: • Data collection and review; • Review of local conditions, how local conditions have changed since the 2016 Comprehensive Plan update; • Identify areas of the City's Comprehensive Plan and development regulations that may need to be amended to comply with new or amended state laws and guidance • Identify key community concerns that may be addressed by the update. Action Develop a Gap Analysis Matrix December 2022 Deliverable 1 Gap Analysis Matrix December 2022 Deliverable 2 Summary Memorandum December 2022 Deliverable 3 Commerce Periodic Update Checklist December 2022 Task 2 Public Engagement November2022- May 2023 Action Create a Public Participation Plan based on the November 2022 - City's Draft Public Participation Plan that will: February 2023 • Outline the specific public engagement methods proposed for the update process. • Provide a schedule for proposed activities. • Describe the kind of outreach materials that will be provided. Page 18 of 404 Page 12 of 14 Back to Agenda Washington Sale .0�, Depa•trrient of Commerce Action(s) Conduct Public Workshops January 2023 - May 2023 Action Update Kick-off and Visioning Workshop January 2023 Action Conduct Policy Workshop March 2023 Action Land Use Strategies Workshop. May 2023 Deliverable 3 Port Orchard Public Participation Plan February 2023 Deliverable 4 Memorandum summarizing the purpose and results of the workshop and materials prepared for and created by the workshop. May 2023 Task 2A Task 3 Status Report Deliverable 5 Status Report detailing Comprehensive Plan update progress through Fiscal Year. June 2023 Page 19 of 404 Page 13 of 14 Washington Sale .0�, Depa•trrient of Commerce Back to Agenda Attachment B: Budget SFY 2023 Task/Deliverable SFY 2023 Amount Task 1 — Gap Analysis of City Planning Policy Documents $10,760 • Gap Analysis Matrix and Summary Memorandum • Periodic Update Checklist Task 2 - Public Engagement $33,920 • Port Orchard Public Participation Plan • Memorandum summarizing the purpose and results of the workshop, as well as the materials prepared for and created by the workshops. Task 3 — Status Report detailing Comprehensive Plan update progress $17,820 through Fiscal Year. Total Grant (SFY 2023 only) $62,500 Page 20 of 404 Page 14 of 14 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: December 13, 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 such as flashlights, radios, radars, Glock, Motorcycles, and other police equipment owned by the General Fund. Most of these items have reached the end of their useful life. The Finance department has estimated the current value of the property to be $1,100. Although the City's internal asset value of the items have been determined to be of little value, any monies from the sale of surplus property is deposited into the Fund(s) 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 personal property described in Exhibit A, as surplus and allowing for its disposition. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a resolution declaring personal property, owned by the General Fund assigned to the Police department, listed in Exhibit A as 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 21 of 404 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS AND AUTHORIZING ITS DISPOSITION THEREOF WHEREAS, certain personal property owned by the General Fund of the City of Port Orchard have become surplus to the needs of the City; and WHEREAS, the City Council has determined that the current asset value of the items to be $1,100; 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 various personal property such as flashlights, radios, radars, Glock, Motorcycles, and other police equipment 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 listed in Exhibit A, owned by the General Fund, have reached the end of their useful life 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 13th day of December 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 22 of 404 Back to Agenda Asset information Tag+1:206 Serial # Tool Type Description Model Ownership needed set value 3001 JKAKZCP26GB503953 Vehicle Motorcycle 1831EX KZ1000135 Police obsolete 500 3119 RT1100P Vehicle Motorcycle Police obsolete 600 5422 RNG10500012 Radar Radar MPH Python III Police Broken 0 5425 RNG1057000081 Radar MPH Ranger Radar EZ Radar Police Broken 0 5508 CH-118494 Small equipment Flashlights DJ BX 0533 Police Broken 0 5585 5623 PBT Breathalyzer Police broken 0 5057 372-7261-502 Radio Radio Police Broken 0 5168 CF31 IT equipment Computer Toughbook Police obsolete 0 5363 PV3800[1]4041100039 Video Digital Recorder PV330 Police Broken 0 5364 MY6594Z2F4 Printer Portable Field Printer DJ 4650WF Police Broken 0 5368 80900706 Radio Radio TK-2180K Police Broken 0 5369 136-174MZH Radio Radio VHF 50W 128 CH. w/Alpha Display Police Broken 0 5382 618b0a1546d9642f Phone Cellphone galaxy s9 Police Broken 0 5385 L9Z331042 Printer Label Printer Rugged Jet RJ-4230BL Police obsolete 0 5386 L9Z331043 Printer Label Printer Rugged Jet RJ-4230BL Police obsolete 0 5416 CH-118516 Small equipment Flashlights DJ BX 0533 Police Broken 0 5419 40090758 PBT Breathalyzer Police Broken 0 5421 PYT855000988 Radar Radar MPH Python III Police Broken 0 5497 7060987 Small equipment Electric footprint detector S00002 Police obsolete 0 5506 CH-118531 Small equipment Flashlights DJ BX 0532 Police Broken 0 5507 CH-118500 Small equipment Flashlights DJ BX 0533 Police Broken 0 5569 #X290061TW taser Taser X2 Police Broken 0 5587 1016259 PBT Breathalyzer Police Broken 0 trade in for credit towards purchase 5396 #YUZ697 Hand Gun Glock Police obsolete 0 of new handgun trade in for credit towards purchase 5397 #ZAD989 Hand Gun Glock Police obsolete 0 of new handgun trade in for credit towards purchase 5519 #ZAY235 Hand Gun Glock Police obsolete 0 of new handgun trade in for credit towards purchase 5522 #ZAY239 Hand Gun Glock Police obsolete 0 of new handgun trade in for credit towards purchase 5523 #ZAY240 Hand Gun Glock Police obsolete 0 of new handgun trade in for credit towards purchase 5525 #ZAY243 Hand Gun Glock Police obsolete 0 of new handgun trade in for credit towards purchase 5527 #ZFD242 Hand Gun Glock Police obsolete 0 of new handgun trade in for credit towards purchase 5528 #ZKC745 Hand Gun Glock Page 23 of404 Police obsolete 0 of new handgun Back to Agenda �_. City of Port Orchard ., ;IYYII•_', 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4E Meeting Date Subject: Approval of Amendment No. 2 to Agreement No. 002-21 with AtWork! Commercial Enterprises, LLC for 2021 Tremont Landscaping Maintenance Prepared by: Atty Routing No. Atty Review Date December 13, 2022 Tony Lang Public Works Director 366922-0009 — PW 12.06.2022 Summary: On November 24, 2020, following a procurement process consistent with City of Port Orchard Procurement Policies, the City executed Purchased Service Agreement No. C002-21 with AtWork! Commercial Enterprise, LLC for the 2021 Tremont Landscaping Maintenance. On November 29, 2021, Amendment No. 1 was executed to extend the Agreement's termination date to December 31, 2022, and increase the Agreement's "not to exceed" amount to a total not to exceed amount of $49,878.40, inclusive of amounts paid prior to Amendment No. 1. The City Public Works Department would like to extend the contract duration for an additional year through December 31, 2023. AtWork! Commercial Enterprise, LLC has also requested adjustments to the rate schedule to accommodate increased material and equipment costs due to inflation. Before the Council for approval is Amendment No. 2 to the Agreement, which would extend the duration of the Agreement and increase the amount by $29,959.41, for a not to exceed total of $79,837.81 (applicable tax included), inclusive of all compensation paid after execution of the Agreement and Amendment No. 1 but prior to this Amendment. Recommendation: Staff recommends the Council authorize the Mayor to execute Amendment No. 2 to Agreement No. C002-21 with AtWork! Commercial Enterprise, LLC for 2023 Tremont Landscaping Maintenance, extending the Agreement to December 31, 2023, and increasing the contract amount for the extension period. Relationship to Comprehensive Plan: N/A Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 2 to Agreement No. C002-21 with AtWork! Commercial Enterprise, LLC for 2023 Tremont Landscaping Maintenance. Fiscal Impact: This work is budgeted in the 2023-2024 budget (GL 002.05.542.70.40). Alternatives: Do not approve and provide further guidance Attachments: Amendment No. 2 Amendment Authorization No. 2 Exhibit A (Revised) Copy of Contract C002-21 Page 24 of 404 Back to Agenda II CITY OF PORT ORCHARD II Authorization for Amendment No. 2 Date: December 13, 2022 Project: 2021 Tremont Landscaping Maintenance Contract / Job # C002-21 Contractor: AtWork! Commercial Enterprise, LLC 1935 152nd Pl NE Bellevue, WA 98007 This Amendment Authorizes the following changes to Purchased Service Agreement C002-21, as amended: Section 1C.-Services by Vendor. is amended to read as follows: This Agreement shall commence on January 1, 2021 ("Commencement Date") and shall terminate December 31 2023, Section 3. Compensation. TIME AN MATERIALS NOT TO EXCEED. Compensation far these services shall not exceed $79,837.81 (applicable tax included) without written authorization and will be based on billing rates and reimbursable expenses attached hereto as Exhibit A (revised), inclusive of all compensation paid after execution of the Contract and Amendment No. 1 but prior to this Amendment. This change order extends the dates and increases the annual contract amount to capture the increased material costs due to inflation. yJ Contract History _ Amount Sales Tax Total Date Appvd b Original Contract -2021 $24,939.20 $0.00 $24,939.20 24-Nov-20 Council Amendment 1 -2022 $24,939.20 $0.00 $24,939.20 29-Nov-21 PW Director ArnenU',' :4iii 2 -2023 $29,959.41 $0.00 $29,959.41 13-Dec-22 council Total Contract $79,837.81 $0.00 $79,837.81 1 have reviewed the AmendrnPnt infnrmatinn nhnvP and rartifv that to tha hart of mu knn%ArlPrl G1M descriptions and costs are true and accurate. C. tiiractor .Appr val Signature k� Jam, t'tiu55 hZ U66' .1-k Printed Name(& Title Public Works Director Tony Lang Printed Name Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract Approved: amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of Attest: $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. Mayor City Clerk Council Approval Date Back to Agenda AMENDMENT NO. 2 TO AGREEMENT NO. C002.21 CITY OF PORT ORCHARD PURCHASED SERVICE AGREEMENT WITH AtWork! Commercial Enterprise, LLC THIS AMENDMENT No. 2 ("Amendment") to Contract No. C002-21 is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and AtWork! Commercial Enterprise LLC, a Limited Liability Company ("Vendor'). City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, on the 24th day of November 2020, the City executed a Purchased Service Agreement for 2021 Tremont Landscaping Maintenance, Contract C002-21, with the Vendor ("Underlying Agreement"); and WHEREAS, on November 29, 2021, the Agreement termination date was extended to December 31, 2022, with Amendment No. 1; and WHEREAS, the Vendor and the City have conferred and agreed to extend the duration of the Agreement to December 31, 2023, and to increase the amount of the Agreement by the revised Exhibit A, attached herewith; and WHEREAS, the parties wish to memorialize their agreement and so modify the Underlying Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: SECOND AMENDMENT TO AGREEMENT: "_. Amendment. Section 1, C. Services by Vendor, of the Agreement is hereby amended to read as follows: This Agreement shall commence on January 1, 2021 ("Commencement Date") and shall terminate December 31, 2023, uniess extended or terminated in writing as provided herein. 2. Amendment. Section 3. (Compensation) of the Agreement is hereby amended to read as follows: TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $79,837.81 (applicable tax included), inclusive of all compensation paid after execution of the Contract and Amendment No. 1 but prior to this Amendment, without written authorization and will be based on billing rates and reimbursable expenses attached hereto as Exhibit "A" (Revised). 3. Severability. The provisions of this Amendment are declared to be severable. If any provision of ch�s Amendment is, for any reason, 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 proviIdon. Amendment No. 2 to Agreement between City of Port Orchard and AtWork! Commercial Enterprise, LLC Contract ND.0002-21 Page 1 Updated 4/2022 IBDR Page 26 of 404 Back to Agenda 4. Entire Agreement. The written provisions and terms of this 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 Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as modified by this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. 5. Effective date. This Amendment shall be effective as of December 13, 2022. DATED this 13th day of December 2022. CITY OF PORT ORCHARD, WAS HINGTON CONSULTANT Robert Putaansuu, Mayor Signature ATTEST/AUTHENTICATED: Printed Name and Title Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Amendment No. 2 to Agreement between City of Port Orchard and AtWork! Commercial Enterprise, LLC Contract No.0002-21 Page 2 Updated 4/2022 WR Page 27 of 404 Back to Agenda Exhibit A Schedule of Contract Prices Tremont Landscaping Maintenance —P If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) emit price shall control. The City of Part Orchard reserves the right to award a contract for all or any combination of schedules, based upon the overall lowest responsible bidder. Schedule of Contract Prices Tremont Landscaping Maintenance Number of Per Visit Visits Per I Description Cha a Month Amount Per Month Schedule A WINTER MONTHS January, February, November. December Landscaping Senices * Tremontand Surrounding � ] (4 p � i ck � } � Q I_ Areas IExhibit A) GL Per Month Total for Winter Months Total for Winter Months (4) S �r SPRING & SUMMER MONTHS March, April, May, June, July, August, September, October Landscaping Services • Tremont and Surrounding (V "�� 4 S Areas (Exhibit Al Per Month Total for SpringlSunnencr ` (� $ Months Total for 5pring/Surnmer Months (8) 5 �foqo � Z ej "k-5e �6 Total for Yew r Sales'Tax q%- 91% [Ott - Total Schedule A Monthly Hilling Total (Total of Schedule OS SALES TAX 2,524.05 29,959.41 2,496.62 In accordance with Section 1-47.2(2) State Sales Tax: The Contractor sttall collectfmm the [ ,reacting Agency Ilii sales tax on the full contfact pride. Page 28 of 404 Back to Agenda CITY OF PORT ORCHARD PURCHASED SERVICE AGREEMENT THIS Agreement ("Agreement") is made effective as of the 24' day of November, 2020, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 And AtWork! Commercial Enterprise LLC a Limited Liability Company (describe the type of organization, whether corporation, sole proprietorship, etc.), organized under the laws of the State of Washington, doing business at: Atwork! Commercial Enterprise LLC (hereinafter the "VENDOR") 1935 152"d PI NE Bellevue, WA 98007 Contact: John Song Phone: 206.434.6623 Email: johnsI@workwa.org for purchased services performed in connection with the following: 2021 Tremont Landscaping Maintenance TERMS AND CONDITIONS 1. Services by Vendor. A. The Vendor shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Vendor shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. C. This Agreement shall commence on January 1", 2021, ("Commencement Date") and shall terminate December 31", 2021, unless extended or terminated in writing as provided herein. Additionally, the City reserves the rights to review the Agreement at regular intervals to assure the quality of services provided by the Vendor and to offer two (2) one-year extensions prior to contract expiration to retain the Vendor's services. D. Unless otherwise specified in the attached Scope of Work, all tools, equipment, supplies, chemicals or any other materials necessary for the completion of the services described in the Scope of Work shall be provided by the Vendor. City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C002-21 Public Works Project No. PW2021-001 Rev 4/10/2020 UAContracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx 1 01711 Page 29 of 404 Back to Agenda E. The Vendor shall report any damage or potential hazard involving City property immediately to the City of Port Orchard Public Works Department or in the case of an emergency by calling 911. Hazardous conditions shall be immediately remedied or secured by the Vendor to prevent further damage and/or to protect the public from injury. F. Any incidents, accidents, or altercations with members of the public or with City staff shall be immediately reported to the City of Port Orchard Public Works Department. The City's Public Works Director may require a written report describing the incident or accident. G. The Vendor shall remedy, in a timely manner, and at its expense, any damage to City property due to the negligence of the Vendor or the Vendor's employees. 2. Schedule of Work. A. The Vendor shall perform the services described in the scope of work in accordance with the Schedule attached to this contract as Exhibit "A." If delays beyond the Vendor's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. The Vendor is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Compensation. LUMP SUM. Compensation for these services shall be a Lump Sum of $ X❑ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $24,939.20 (applicable tax included) without written authorization and will be based on billing rates and reimbursable expenses attached hereto as Exhibit "A". ❑ 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 ❑ OTHER. 4. Payment. A. The Vendor 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 complete invoice. If the City objects to all or any portion of any invoice, it shall so notify the Vendor 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 Vendor shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for six (6) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C002-21 Public Works Project No. PW2021-001 U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx 2ofII Rev 4/10/2020 Page 30 of 404 Back to Agenda D. If the services rendered do not meet the requirements of this Agreement, the Vendor will correct or modify the work to comply with this Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 5. Discrimination and Compliance with Laws A. The Vendor agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Vendor 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. C. The Vendor agrees to comply with all federal, state and municipal laws, rules and regulations, including but not limited to all health and safety regulations applicable to the work that are now effective or become applicable within the term(s) of this Agreement to the Vendor's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. The Vendor shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the Washington State Worker's Compensation and Unemployment Insurance laws, and maintenance of a separate set of books and records that reflect all items of income and expenses of the Vendor's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Vendor under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. D. The Vendor shall comply with prevailing wage requirements under Washington law. See, Prevailing Wage Addendum to this Agreement. E. The Vendor shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. F. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of this Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 6. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Vendor is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee or representative of the Vendor shall be or shall be deemed to be the employee, agent or representative of the City. In the performance of the work, the Vendor 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 or representatives of the Vendor. The Vendor 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 City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C002-21 Public Works Project No. PW2021-001 Rev 4/10/2020 U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx 3of11 Page 31 of 404 Back to Agenda Agreement. The City may, during the term(s) of this Agreement, engage other independent contractors to perform the same or similar work that the Vendor performs hereunder. 7. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Vendor's insolvency or bankruptcy, or the Vendor's assignment for the benefit of creditors. B. Termination with cause. The Agreement may be terminated upon the default of the Vendor and the failure of the Vendor to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Vendor pursuant to this Agreement shall be submitted to the City, and the Vendor 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 Vendor shall not be entitled to any reallocation of cost, profit or overhead. The Vendor shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Vendor 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. 2. Default. If the Agreement is terminated for default, the Vendor 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 Vendor. The Vendor 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 Vendor's reasonable expenses, and shall be subject to verification. The Vendor 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 Vendor in person, termination shall be effective immediately upon the Vendor'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 Vendor in writing upon one week's advance notice to the Vendor. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Vendor at the address set forth in Section 14 herein. 8. Standard of Care. City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C002-21 Public Works Project No. PW2021-001 Rev 4/10/2020 U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx 4ofII Page 32 of 404 Back to Agenda The Vendor represents and warrants that it, and the Vendor's employees, have the requisite training, skill and experience necessary to provide the services under this Agreement and are appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Vendor and the Vendor's employees 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. The Vendor and the Vendor's employees shall conduct themselves in a professional manner at all times when on site. The Vendor's employees shall wear clothing and/or a uniform which clearly identifies them as an employee of the Vendor. The Vendor further represents and warrants that it shall provide proper supervision for any employees utilized to perform the services herein and shall ensure that all employees are properly trained and qualified. The Vendor shall ensure that all workplace safety requirements of state or federal law are strictly observed at all times. The Vendor warrants that all employees have been trained to comply with state and federal standards (including but not limited to standards for handling chemicals, WISHA and OSHA) relevant to the duties to be performed in accordance with the Scope of Work. 9. Ownership and Use of Documents. All records, files, documents, drawings, specifications, data or information, regardless of form or format, and all other materials produced by the Vendor in connection with the services provided to the City, shall be the property of the City whether finished or not and also whether the project for which they were created is executed or not. 10. Work Performed at the Vendor's Risk. The Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents and representatives in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss or damage to materials, tools, or other articles used or held by the Vendor for use in connection with the work. 11. Indemnification. The Vendor 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 in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Nothing in this Agreement shall be construed as creating a liability or right of indemnification in any third party. 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 Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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 VENDOR'S WAIVER OF IMMUNITY UNDER City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C002-21 Public Works Project No. PW2021-001 Rev 4/10/2020 U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx 5ofII Page 33 of 404 Back to Agenda THE PROVISIONS OF THIS SECTION DOES NOT INCLUDE, OR EXTEND TO, ANY CLAIMS BY THE VENDOR'S EMPLOYEES DIRECTLY AGAINST THE VENDOR. 12. Insurance. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. A. Minimum Scope of Insurance Vendor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Vendor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Vendor's profession if applicable. B. Minimum Amounts of Insurance Vendor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000. Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000.00. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance (as applicable to each line of coverage): City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C002-21 Public Works Project No. PW2021-001 Rev 4/10/2020 U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx 6of11 Page 34 of 404 Back to Agenda 1. The Vendor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Vendor shall provide thirty (30) days written notice by certified mail, return receipt requested, to the City prior to the cancellation or alteration of coverage. 3. The City will not waive its right to subrogation against the Vendor. The Vendor's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If 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 by 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 The Vendor 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 Vendor before commencement of the work. 13. Assigning or Subcontracting. The Vendor 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. 14. Notice. Any notices required to be given by the City to the Vendor or by the Vendor to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 VENDOR Attn: Atwork Commercial Enterprises LLC 1935 152°d PL NE Bellevue, WA 98807 Phone: 206-434-6623 Fax: 425-274-4060 15. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C002-21 Public Works Project No. PW2021-001 U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx 7ofII Rev 4/10/2020 Page 35 of 404 Back to Agenda B. If any dispute arises between the City and the Vendor under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Vendor 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. 16. 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 Vendor. 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 and Addenda 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, the Exhibits and Addenda 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 or Addenda to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 17. 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 Vendor, for itself, its assignees, and successors in interest agrees as follows: City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C002-21 Public Works Project No. PW2021-001 Rev 4/10/2020 U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx 8of11 Page 36 of 404 Back to Agenda 1. Compliance with Regulations: The Vendor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Vendor, 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 Vendor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Vendor 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 Vendor of the Vendor's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Vendor 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 Vendor is in the exclusive possession of another who fails or refuses to furnish the information, the Vendor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Vendor's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Vendor under the Agreement until the Vendor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Vendor 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 Vendor 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 Vendor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Vendor may request the City to enter into any litigation to protect the interests of the City. In addition, the Vendor may request the United States to enter into the litigation to protect the interests of the United States. City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C002-21 Public Works Project No. PW2021-001 Rev 4/10/2020 UAContracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx 9ofII Page 37 of 404 Back to Agenda IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, VL'NDgii - WASHINGTON 1, By: ' 4 Name: By: Title: r . Robert Put suu, Mayor ATTEST(TIC.ATE: Y� B u; Brandy Rinearson, M , City Clerk APPROVED AS TO FORM; By: - — Charlotte A. Archer, City Attorney ��nururrn+r�r�r� `Q� pfJR . ®,qc.,,�. CJO =_ SEAL 0 wA�M��, City of Port Orchard and Atw•orkl Commercial Enterprise LLC Purchased Service Contract No. C002.21 Public Works Project No. PW2021-001 Rev4110/2020 UMNGNELR7C4WAFLKS com.•21("1gncd)dwK 10of11 Page 38 of 404 Back to Agenda APPENDIX A During the performance of this Agreement, the Vendor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition. Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.E.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 lI and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title DX 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 Atwork! Commercial Enterprise LLC Purchased Service Contract No. C002-21 Public Works Project No. PW2021-001 Rev 4/10/2020 U:\Contracts\2021\C002-21 AtWork!\C002-21 AtWork! Commercial Enterprise, LLC.docx 11 of 11 Page 39 of 404 Back to Agenda 9� A Schedule of Contract Prices Tremont Landscaping Maintenance NOTE: If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. The City of Port Orchard reserves the right to award a contract for all or any combination of schedules, based upon the overall lowest responsible bidder. Schedule of Contract Prices Tremont Landscaping Maintenance Description Per Visit Charge Number of Visits Per Month Amount Per Month Schedule A WINTER MONTHS January, February, November, December Landscaping Services • Tremont and Surrounding Areas (Exhibit A) S �� S (�� 1 $ �� (e Per Month Total for Winter Months Total for Winter Months (4) $ �; 14 0 SPRING & SUMMER MONTHS March, April, May, June, July, August, September, October Landscaping Services • Tremont and Surrounding Areas (Exhibit A) $ 4 $ O es Per Month Total for SpringtSummer Months $ S' 0 "3 p — Total for Spring/Summer Months (8) $ Total for Year Sales Tax 9% $ L' 0 5ZD Total Schedule A J Monthly Billing Total (Total of Schedule A/12) $ Z jp Z� SALES TAX In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collectfrom the Contracting Agency retail sales tax on the full contract price. Page 40 of 404 rri �j L - I Nb,— , City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Back to Agenda Agenda Staff Report Agenda Item No.: Consent Agenda 4F Meeting Date: December 13, 2022 Subject: Approval of Amendment No. 2 to Agreement No. 007-21 with AtWork! Commercial Enterprises, LLC for 2021 Various Areas Landscaping Maintenance Prepared by: Tony Lang Public Works Director Atty Routing No.: 366922-0009 — PW Atty Review Date: December 6, 2022 Summary: On December 15, 2020, following a procurement process consistent with City of Port Orchard Procurement Policies, the City executed Purchased Service Agreement No. C007-21 with AtWork! Commercial Enterprise, LLC for the 2021 Various Areas Landscaping Maintenance. On November 29, 2021, Amendment No. 1 was executed to extend the Agreement's termination date to December 31, 2022, and increase the Agreement's "not to exceed" amount to $63,202.56, inclusive of amounts paid prior to Amendment No. 1. The City Public Works Department would like to extend the Agreement's duration for an additional year through December 31, 2023. AtWork! Commercial Enterprise, LLC has also requested adjustments to the rate schedule to accommodate increased material and equipment costs due to inflation. Before the Council for approval is Amendment No. 2 to the Agreement, which would extend the duration of the Agreement and increase the amount by $34,476.89, for a not to exceed total of $97,679.45 (applicable tax included), inclusive of all compensation paid after execution of the Agreement and Amendment No. 1 but prior to this Amendment. Recommendation: Staff recommends the Council authorize the Mayor to execute Amendment No. 2 to Agreement No. C007-21 with AtWork! Commercial Enterprise, LLC for 2023 Various Areas Landscaping Maintenance, extending the Agreement to December 31, 2023, and increasing the total Agreement amount for the extension period. Relationship to Comprehensive Plan: N/A Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 2 to Agreement No. C007-21 with AtWork! Commercial Enterprise, LLC for 2023 Various Areas Landscaping Maintenance. Fiscal Impact: This work is budgeted in the 2023-2024 budget (GL 001.05.576.80.40). Alternatives: Do not approve and provide further guidance Attachments: Amendment No. 2 Amendment Authorization No.2 Exhibit A (Revised) Copy of Agreement C007-21 Page 41 of 404 Back to Agenda CITY OF PORT ORCHARD Authorization for Amendment No. 2 Date: December 13, 2022 Project: 2021 Various Areas Landscaping Maintenance Contract / Job # C007-21 Contractor: AtWork! Commercial Enterprise, LLC 1935152nd PI NE Bellevue, WA 98007 This Amendment Authorizes the following changes to Purchased Service Agreement C007-21, as amended: Section 1C.-Services by Vendor. is amended to read as follows: This Agreement shall commence on January 1, 2021 ("Commencement Date") and shall terminate December 31 2023 Section 3. Compensation. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $97,679.45 (applicable tax included) without written authorization and will be based on billing rates and reimbursable expenses attached hereto as Exhibit A (revised), inclusive of all compensation paid after execution of the Contract and Amendment No. 1 but prior to this Amendment. This change order extends the dates and increases the annual contract amount to capture the increased material costs due to inflation. I nave reviewed the Amendment information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Cortracic - Signature Public Works Director Tony Lang Printed &Title Printed Name Change orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract Approved: amount established by City Council can be approved by the Public Mayor Works Director. Change Orders that da not exceed 10%, with a maximum of Attest: $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over 8100,000 or exceed a total of 10% require Council Action. City Clerk Council Approval Date Back to Agenda AMENDMENT NO. 2 TO AGREEMENT NO. C007-21 CITY OF PORT ORCHARD PURCHASED SERVICE AGREEMENT WITH AtWork! Commercial Enterprise, LLC THIS AMENDMENT No. 2 to Contract No. C007-21 ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and AtWork! Commercial Enterprise LLC, a Limited Liability Company ("Vendor"). City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, on the 15t" day of December 2020, the City executed a Purchased Service Agreement for 2021 Various Areas Landscaping Maintenance with the Vendor ("Underlying Agreement"); and WHEREAS, on November 29, 2021, the Agreement termination date was extended to December 31, 2022, with Amendment No. 1; and WHEREAS, the Vendor and the City have conferred and agreed to extend the duration of the Agreement to December 31, 2023, and increase the amount of the Agreement by the revised Exhibit A, attached herewith; and WHEREAS, the parties wish to memorialize their agreement and so modify the Underlying Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: SECOND AMENDMENT TO AGREEMENT: Amendment. Section 1, C. Services by Vendor, of the Agreement is hereby amended to read as fol!nws: This Agreement shall commence on January 1, 2021 ("Commencement Date") and shall terminate December 31, 2023, unless extended or terminated in writing as provided herein. 2. Amendment. Section 3. (Compensation) of the Agreement is hereby amended to read as follows: TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $97,C7S.45 (appEcable tax included), inclusive of all compensation paid after execution of the Contract and Amenarnent No. 1 but prior to this Amendment, without written authorization and will be based on billing rates and reimbursable expenses attached hereto as Exhibit "A" (Revised). 3. Severability. The provisions of this Amendment are declared to be severable. If any provision of th,s Amendment is, for any reason, 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 provi::ion. Amendment No. 2 to Agreement between City of Port Orchard and AtWork! Commercial Enterprise, LLC Contract No.0007-21 Page 1 Updated 4/2022 IBDR Page 43 of 404 Back to Agenda 4. Entire reement. The written provisions and terms of this 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 Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, any prior executed amendments and this AmendE-!ent. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as modiflea by this Amendment, all other provisions of the original Agreement and any amendments thereto not i; Consistent with this Amendment shall remain in full force and effect. 5. Effective date. This Amendment shall be effective as of December 13, 2022. GATED this 1311 day of December 2022. CITY OF PORT ORCHARD, WAS HINGTON CONSULTANT Robert Putaansuu, Mayor Signature ATTEST/AUTHENTICATED; Printed Name and Title Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Amendment No. 2 to Agreement between City of Port Orchard and AtWork! Commercial Enterprise, LLC Contract No.0007-21 Page 2 Updated 4/2022 WR Page 44 of 404 Back to Agenda Exhibit A Schedule of Contract Prices LANDSCAPE MAINTENANCE OF VARIOUS AREAS NOTE: If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. The City of Port Orchard reserves the right to award a contract for all or any combination of schedules, based upon the overall lowest responsible bidder. Schedule of Contract Prices Lan sca- aintenance for -Various. Number of Per Visit Visits Per — --Descl Charee Month Amount Per Month —�cheft t A WINTER MONTHS January, February, November, December Landscaping Services • Etta Turner Memorial Park P ll4!% q S 2 z_Q rl • Parking Lots 1, 2, 3, 4 S I S 2 2 S t — • Rockwell Park — S 45 2 -s • Roundabout Park & 2` 7.s & , `2 y -- — Surr unding ROW -�-' • Flagpole Triangle on Bay St 1 6 3 • Arnold & Beach Parking 1 S -2 1 l 6� ^' Lot/Planter • Westbay Sections 4 & C,�Gs J 1 \ 2� Z6 !L 5/81ackjack Point • Grounds Maintenance` aterfront Dock • Planter Bed on Bay St (510 '3-71 61 s 3Z aza) 60 Per Month Total for Winter Months �1.3 Total for Winter Mouths (4) SPRING & SUMMER MONTHS March, April, May, June, July, August, September, October Landscaping Services Z • Etta Turner Memorial Park 19 4 -S�i • Parking Lots 1, 2, 3, 4 Page 45 of 404 Back to Agenda ■ Rockwell Park S /-1n. • Roundabout Park & Surround€n ROW 101 S---.� d S '"ti�i( • flagpole Triangle on Bay 5t $�� a z {P • Arnold & Beach Parking S �' Lot/Planter (p • Westbay Sections 4 & 'ack 5/131ae Paint ■ Grounds Maintenance Waterfront $—� �.._.. 2 S Dock • Planter Bed on say 5t (520 $ 3 2 A 7 'S C 55 ^ Plata Per Month 'Coral for SgrinW qummer 2 g o S . Months Total for Spring/Summer Months (8) S Total for Year Sales Tax+- 9.2% Total Schedule A Monthly Billing Total (Total of Schedule 2 �� AII2) $ SAS TAX 2,904.65 04,476.89 2,873.07 In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collet ffom the Contmctl rlg Agency roll safes tau[ on the full oontirad price. Page 46 of 404 Back to Agenda CITY OF PORT ORCHARD PURCHASED SERVICE AGREEMENT THIS Agreement ("Agreement") is made effective as of the 15"' day of December, 2020, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Atwork! Commercial Entemrise LLC a Limited Liability Cogioration (describe the type of organization, whether corporation, sole proprietorship, etc.), organized under the laws of the State of Washington, doing business at: Atwork! Commercial Enterprise LLC (hereinafter the "VENDOR") 1935 152°d PINE Bellevue, WA 98007 Contact: John Song Phone: 206.434.6623 Email: johnsl@workwa.org for ordinary maintenance services performed in connection with the following: 2021 Various Areas Landscaping Mantenance TERMS AND CONDITIONS 1. Services by Vendor. A. The Vendor shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Vendor shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. C. This Agreement shall commence on January 1". 2021, ("Commencement Date") and shall terminate December 3111, 2021, unless extended or terminated in writing as provided herein. Additionally, the City reserves the rights to review the Agreement at regular intervals to assure the quality of services provided by the Vendor and to offer two (2) one-year extensions prior to contract expiration to retain the Vendor's services. D. Unless otherwise specified in the attached Scope of Work, all tools, equipment, supplies, chemicals or any other materials necessary for the completion of the services described in the Scope of Work shall be provided by the Vendor. City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C007-21 Public Works Project No. PW2020-019 C:\Useas\awauling\AppData\LaceN%Iimmft\WindowsVNctCachelContent.0utlook\5A9S85FW DO7-21•rhaft.doex 1 of 11 Rev 4/10/2020 Page 47 of 404 Back to Agenda E. The Vendor shall report any damage or potential hazard involving City property immediately to the City of Port Orchard Public Works Department or in the case of an emergency by calling 911. Hazardous conditions shall be immediately remedied or secured by the Vendor to prevent further damage and/or to protect the public from injury. F. Any incidents, accidents, or altercations with members of the public or with City staff shall be immediately reported to the City of Port Orchard Public Works Department. The City's Public Works Director may require a written report describing the incident or accident. G. The Vendor shall remedy, in a timely manner, and at its expense, any damage to City property due to the negligence of the Vendor or the Vendor's employees. 2. Schedule of Work. A. The Vendor shall perform the services described in the scope of work in accordance with the Schedule attached to this contract as Exhibit "A." If delays beyond the Vendor's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. The Vendor is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Compensation. ❑ LUMP SUM. Compensation for these services shall be a Lump Sum of $ x TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $31,601.28 without written authorization and will be based on billing rates and reimbursable expenses attached hereto as Exhibit "A". ❑ 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 41 f! ❑ OTHER. 4. Payment. A. The Vendor 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 complete invoice. If the City objects to all or any portion of any invoice, it shall so notify the Vendor 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 Vendor shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for six (6) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C007-21 Public Works Project No. PW2020-019 Rev 4/10/2020 C:1Usm\cwenling\AppDala\LoeeNNi mosoll\Window*\lNclCacboNConknt.Oullook\5A9585FW\C007-21- Dm&docx 2of11 Page 48 of 404 Back to Agenda D. If the services rendered do not meet the requirements of this Agreement, the Vendor will correct or modify the work to comply with this Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 5. Discrimination and Compliance with Laws A. The Vendor agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Vendor 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. C. The Vendor agrees to comply with all federal, state and municipal laws, rules and regulations, including but not limited to all health and safety regulations applicable to the work that are now effective or become applicable within the term(s) of this Agreement to the Vendor's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. The Vendor shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the Washington State Worker's Compensation and Unemployment Insurance laws, and maintenance of a separate set of books and records that reflect all items of income and expenses of the Vendor's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Vendor under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. D. The Vendor shall comply with prevailing wage requirements under Washington law. See, Prevailing Wage Addendum to this Agreement. E. The Vendor shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. F. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of this Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 6. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Vendor is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee or representative of the Vendor shall be or shall be deemed to be the employee, agent or representative of the City. In the performance of the work, the Vendor 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 or representatives of the Vendor. The Vendor will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the City of Port Orchard and Atworkl Commercial Enterprise LLC Purchased Service Contract No. C007-21 Public Works Project No. PW2020-019 Rev 4/10/2020 C:\Userskwattliu\AppData\Loca[\Micmoft\Windows\INNCachelContent.Oudook\5A9SB5F W\C007-21- Draft.do" 3of11 Page 49 of 404 Back to Agenda performance of this Agreement. The City may, during the terms) of this Agreement, engage other independent contractors to perform the same or similar work that the Vendor performs hereunder. 7. Suspension and Termination of Agreement A. Termination without cause, This Agreement may be terminated by the City at any time for public convenience, for the Vendor's insolvency or bankruptcy, or the Vendor's assignment for the benefit of creditors. B. Termination with cause. The Agreement may be terminated upon the default of the Vendor and the failure of the Vendor to cure such default within a reasonable time after receiving written notice of the default. C. Rights Unon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Vendor pursuant to this Agreement shall be submitted to the City, and the Vendor 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 Vendor shall not be entitled to any reallocation of cost, profit or overhead. The Vendor shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Vendor 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. 2. Default. If the Agreement is terminated for default, the Vendor 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 Vendor. The Vendor 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 Vendor's reasonable expenses, and shall be subject to verification. The Vendor 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 Vendor in person, termination shall be effective immediately upon the Vendor'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 Vendor in writing upon one week's advance notice to the Vendor. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Vendor at the address set forth in Section 14 herein. City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C007-21 Public Works Project No. PW2020-019 Rev 4/10/2020 C:\Us\,-watdinpU&ppDaia\LocaJ\Miaresofl\Windows\INelCadielContcnl.0udook\5A9S85FW\0007.21- Draft. m 4of11 Page 50 of 404 Back to Agenda 8. Standard of Care. The Vendor represents and warrants that it, and the Vendor's employees, have the requisite training, skill and experience necessary to provide the services under this Agreement and are appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Vendor and the Vendor's employees 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. The Vendor and the Vendor's employees shall conduct themselves in a professional manner at all times when on site. The Vendor's employees shall wear clothing and/or a uniform which clearly identifies them as an employee of the Vendor. The Vendor further represents and warrants that it shall provide proper supervision for any employees utilized to perform the services herein and shall ensure that all employees are properly trained and qualified. The Vendor shall ensure that all workplace safety requirements of state or federal law are strictly observed at all times. The Vendor warrants that all employees have been trained to comply with state and federal standards (including but not limited to standards for handling chemicals, WISHA and OSHA) relevant to the duties to be performed in accordance with the Scope of Work. 9. Ownership and Use of Documents. All records, files, documents, drawings, specifications, data or information, regardless of form or format, and all other materials produced by the Vendor in connection with the services provided to the City, shall be the property of the City whether finished or not and also whether the project for which they were created is executed or not. 10. Work Performed at the Vendor's Risk. The Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents and representatives in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss or damage to materials, tools, or other articles used or held by the Vendor for use in connection with the work. 11. Indemnification. The Vendor 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 in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Nothing in this Agreement shall be construed as creating a liability or right of indemnification in any third party. 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 Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C007-21 Public Works Project No. PW2020-019 Rev 4/10/2020 C:\UsmlcwattlinF\APPDateU=W\Miceosofl\Windows\INetCaehelContenLOutlook\5A9S85PW O07-21-MaAdocx 5of11 Page 51 of 404 Back to Agenda IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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 VENDOR'S WAIVER OF IMMUNITY UNDER THE PROVISIONS OF THIS SECTION DOES NOT INCLUDE, OR EXTEND TO, ANY CLAIMS BY THE VENDOR'S EMPLOYEES DIRECTLY AGAINST THE VENDOR. 12. Insurance. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. A. Minimum Scope of Insurance Vendor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written, on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Vendor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Vendor's profession if applicable. B. Minimum Amounts of Insurance Vendor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liabilih insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000. Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000.00. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C007-21 Public Works Project No, PW2020-019 Rev 4/10/2020 C:\Umslcwaftbng{ AppData\Local\Microsoft\WindowsUNetCachelContent.OudooWA9S85MC007-1I. Drandoex 6of11 Page 52 of 404 Back to Agenda 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 (as applicable to each line of coverage): 1. The Vendor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Vendor shall provide thirty (30) days written notice by certified mail, return receipt requested, to the City prior to the cancellation or alteration of coverage. 3. The City will not waive its right to subrogation against the Vendor. The Vendor's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. if 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 by 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 The Vendor 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 Vendor before commencement of the work. 13. Assigning or Subcontracting. The Vendor 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. 14. Notice. Any notices required to be given by the City to the Vendor or by the Vendor to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 VENDOR Attn: Phone: 360.876.4407 Phone: _ Fax: 360.895.9029 Fax: 15. Resolution of Disputes and Governing Law. City of Port Orchard and AtworkI Commercial Enterprise LLC Purchased Service Contract No. C007-21 Public Works Project No. PW2020-019 Rev 4/10/2020 C!1L'mu\cwattlingMlppDate\Local\MicrosofllWindoweUNetceche\Content,OutlookKA9585FW\C007.21• Dmft.docx 7of11 Page 53 of 404 Back to Agenda 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 Vendor under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Vendor 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. 16. 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 Vendor. 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 and Addenda 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, the Exhibits and Addenda 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 or Addenda to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 17. 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. City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C007-21 Public Works Project No. PW2020-019 Rev 4/10/2020 C:\Uscn lewenFnglAppData\lmlWimsofl\WindoweVNetCache\Contcnl,OutIook\SA9S85FW1C007-21- Drakdou 8of11 Page 54 of 404 Back to Agenda Therefore, during the performance of this Agreement, the Vendor, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Vendor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Vendor, 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 Vendor 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. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Vendor 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 Vendor of the Vendor's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Vendor 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 Vendor is in the exclusive possession of another who fails or refuses to furnish the information, the Vendor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Vendor's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Vendor under the Agreement until the Vendor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Vendor 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 Vendor 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 Vendor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Vendor may request the City to enter into any litigation to protect the interests of the City. In addition, the Vendor may request the United States to enter into the litigation to protect the interests of the United States. City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C007-21 Public Works Project No. PW2020-019 Rev 4/10/2020 C:\Uam\cwattlinMppData\Local\Microsoft\WindowsUNetCadw\Content,Oudook\5A9585FW\C007.2t-Dratl.dc a 9of11 Page 55 of 404 Back to Agenda IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON 0 Robert Putaansuu, Mayor ATTEST 'AT By: randy Rinearson, MMC, City Clerk APPROVED AS TO FORM: By: _ Charlotte A. Archer, City Attorney VENDOR Name: l _ Title: l fi City of Port Orchard and Atworkl Commercial Enterprise LLC Purchased Service Contract No. C007-21 Public Works Project No. PW2020-019 C:1Usaalowatdinu\AppFMtd,LocalV.wSiu000A\Wind.wA[NolCachelContMLOtWook15A9995 MC007-21- Dmfk.do= 10 of 11 Rev 4/10/2020 Page 56 of 404 Back to Agenda APPENDIX A During the performance of this Agreement, the Vendor, 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 ct seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.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 enviromnental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Atwork! Commercial Enterprise LLC Purchased Service Contract No. C007-21 Public Works Project No. PW2020-019 Rev 4/10/2020 C:1Usmtcwattling\AppData\Local\Mimsofl\Windows\INetCache\ContentOutlook\5AMSFM0007.21-Dr iUm 11 of 11 Page 57 of 404 Back to Agenda 9x A Aoo,rk, C--dCf r&3eS L, LC. Schedule of Contract Prices 20 LANDSCAPE MAINTENANCE OF VARIOUS AREAS N= If a discrepancy between the numerical unit price and the written (words) unit price Is found, the written (words) unit price shall control. The City of Port Orchard reserves the right to award a contract for all or any combination of schedules, based upon the overall lowest responsible bidder. Schedule of Contract Prices Landscaping Maintenance for Various Areas Description Per Visit Charjp Number of I Visits Per Mouth Amount Per Month Schedale A WINTER MONTHS January, February, November, December lAndsesping Services • Etta Tumor Memorial Park S 3 Z 2 1 S Z a S ?-0 e Parking Lots 1, 2, 3,4 $ �O $ _ • Rockwell Park S 2 • Roundabout Park & Surrounding ROW 2 $ Zo $ • Flagpole Triangle on Bay St g� l $ S Z • Arnold & Beach Parking Lot/Plenter $ �— • Wostbay Sections 4& 5/Blackjack Point a 6�- $ r� 2 1 g 1 0 4- S 104 • Grounds Maintenance Waterfront Dock • Planter Bed on Bay St (510 Plaza) S -10 l S d Per Month Total for Winter Months Total for Winter Months (4) da SPRING & SUMMER MONTHS March, April, May, June, July, August, September, October lAndscaping Services 4 2 S —5 t�.Z— • Etta Turner Memorial Park $ 13 • Parking lots 1, 2,11, 4 $ 23 }� $ Page 58 of 404 Back to Agenda • Rockwell Park S �2 g 4 $ • Roundabout Parks, Surrounding ROW $. 24 _� 4 g 32-. Sp • Flagpole Triangle on Bay St $ •7Z 2 S j0 • Arnold & Beach Parking Loti/Plenter $ 2 $ �� • Westbav Sections 4 & 5/81ack adt Point S (r0 Z. 4 • Grounds Maintenance Waterlrurt Dark S rt p 2 • Planter Bed on Bay St (510 Plea) $ -So 2 S O Per Month Total for Sprinoummer Months S Total for Spring/Summer Months (8) S logo S 2 °=— S 6,041 Total for Year Sales Tax 9% Total Schedule A $ Monthly Billing Total (Total of Schedule A/12) z j 3 3 SALES TAX In accordance Wfth Section 1-07.2(2) State Sales Tax The Contractor shall collect from the Coriftotlng Agalcy retail sales tan on the full contract price. Page 59 of 404 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 4G Subject: Adoption of a Resolution Approving Amendment No. 1 to Contract No. 094-20 with Grette Associates for Third -Party Critical Areas Review Back to Agenda Meeting Date: December 13, 2022 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: On December 15, 2020, the Port Orchard City Council approved Contract No. C094-20 with Grette Associates for Third Party Critical Areas Review, reimbursed by developer fees, in an amount not to exceed $70, 000. For 2023, the City has identified a continued need for Third Party Critical Areas Review, reimbursed by developers' fees. The initial contract has a two-year term but provides that the City may offer two (2) one- year extensions prior to contract expiration. Accordingly, these services are within the scope of the original agreement and associated procurement process, and budget authority is available for these services in 2023. Amendment No. 1 to the contract would extend the contract term by one (1) year (new termination date of December 31, 2023). Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends the Council authorize the Mayor to execute Amendment No. 1 to Contract No. C094-20 with Grette Associates for Third Party Critical Areas Review extending the contract termination date to December 31, 2023. Motion for consideration: I move to adopt a resolution and authorize the Mayor to execute Amendment No. 1 to Contract No. C094-20 with Grette Associates for Third Party Critical Areas Review extending the contract term by one (1) year. Fiscal Impact: This on -call pass through contract is included in the preliminary 2023 budget Alternatives: Do not approve the Resolution. Failing to approve this resolution will result in an inability for the City of Port Orchard to acquire third -party review of critical areas reports. Attachments: Resolution, Contract Amendment #1, Contract 094-20 Page 60 of 404 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN EXTENSION TO CONTRACT C094-20 WITH GRETTE ASSOCIATES LLC FOR 2023 ON -CALL CRITICAL AREAS REVIEW AND CONSULTING SERVICES. WHEREAS, on September 18, 2020, the City of Port Orchard Department of Community Development sent a Request for Proposals (RFP) for on -call, third -party review of critical areas reports and development proposals to three qualified firms on the MRSC personal services roster; and WHEREAS, the City received Statements of Qualifications from two firms, and on November 6, 2020, after review of all qualifications, the City selected Grette Associates LLC as one of the firms to provide on -call critical areas review and consulting services from 2021-2023; and WHEREAS, staff negotiated a contract for services including fees with Grette Associates LLC, and finalized a professional services agreement on December 11, 2020; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, documented their consultant selection process as described above for Contract 094-20 by Resolution 070-20; and WHEREAS, the City of Port Orchard wishes to extend the term of Contract C094-20 for one-year as provided in the Terms and Conditions of Contract 094-20 by Resolution; and WHEREAS, the one-year extension of the term of Contract C094-20 would be effective on December 31, 2022; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute a one-year extension of Contract 094-20 with Grette Associates LLC for 2023 on -call critical areas review and consulting services. 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 13t" day of December 2022. ATTEST: Robert Putaansuu, Mayor Brandy Wallace, MMC, City Clerk Page 61 of 404 [Back to Agenda Amendment No.1 to Contract No. C094-20 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH Grette Associates LLC THIS AMENDMENT to Contract No. 094-20 ("Amendment") is made effective as of the 31" day of December, 2022, by and between the City of Port Orchard ("City), a municipal corporation, organized under the laws of the State of Washington, and Grette Associates, a limited liability company organized under the laws of the State of Washington, located and doing business at 2102 North 30`h Street, Suite A, Tacoma, WA 98403 ("Consultant"). WHEREAS, on December 31, 2020, the City executed a Professional Service Agreement with Consultant, for the provision of On -call Consulting Services ("Underlying Agreement'); and WHEREAS, a stipulated in the Terms and Conditions of Contract 094-20 the City desires to extend the term of the contract for an additional year to ensure on -call consulting services are available for 2023; and WHEREAS, the parties wish to memorialize their agreement to so amend the Underlying Agreement; NOW, THEREFORE, In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. Section 3 of the Underlying Agreement (Contract 094-20) between the parties is amended to extend the Terms and Conditions of Contract 094-20 for a period of one (1) year. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. Page 62 of 404 CITY OF PORT ORCHARD, CONSULTANT WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Signature Printed Name and Title Page 63 of 404 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT Contract No. 094-20 THIS Agreement is made effective as of the 151" day of December 2020, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Grette Associates LLC, a limited liability company, organized under the laws of the State of Washington, doing business at: 2102 North 30t' Street, Suite A (hereinafter the "CONSULTANT") Tacoma, WA 98403 Contact: Matthew Boyle Phone: 253.573.9300 for professional services in connection with the following Project: On -Call Consulting Services TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the on -call services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. In performing such services, the Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to the performance of such services. The Consultant shall perform the services diligently and completely in accordance with professional standards of conduct and performance for Consultant's profession. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension of time and/or additional budget is appropriate. B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. City of Port Orchard and Grelte Associates LLC Professional Service Agreement Contract No. CXX U:\A_Nick Bond\2020 Projects\Critical Areas Consul tan Selection\Contracts\Contract - Grette Atty Rev 121 12020 docx Rev 7/18/2019 1 of 12 Page 64 of 404 3. Terms. This Agreement shall commence on December 15, 2020 ("Commencement Date") and shall terminate December 31, 2022 unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. Payment. A. This Agreement does not guarantee any amount of work for the Consultant. The City shall pay the Consultant an amount based on time and materials, not to exceed Seventy Thousand Dollars ($70,000.00) for the services set out on Exhibit "A" hereto, based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit "B", attached hereto and incorporated herein by this reference. This is the maximum amount to be paid under this Agreement for the work described in this Agreement and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. B. 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. C. 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. D. 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. E. 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. F. 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. 5. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the perfonnance 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 City of Port Orchard and Grette Associates LLC Professional Service Agreement Contract No. CXX U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grette Atty Rev 121 12020 do ex Rev 7/18/2019 2of12 Page 65 of 404 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 term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 6. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 7. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon "termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. City of Port Orchard and Grette Associates LLC Professional Service Agreement Contract No. CXX U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grette Atty Rev 121 12020 doca Rev 7/19/2019 3of12 Page 66 of 404 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or„Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 8. 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. 9. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 10. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at 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. City of Port Orchard and Grette Associates LLC Professional Service Agreement Contract No. CXX UAA_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grette Any Rev 121 12020 docx Rev 7/18/2019 4of12 Page 67 of 404 11. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, to the extent caused by and arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 12. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: City of Port Orchard and Grette Associates LLC Professional Service Agreement Contract No. CXX U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grelte Atry Rev 121 12020 docx Rev 7/18/2019 5of12 Page 68 of 404 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice, 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL 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. 13. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. City of Port Orchard and Grette Associates LLC Professional Service Agreement Contract No. CXX UAA_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract- Grelte Atty Rev 12112020 docx Rev 7/18/2019 6of12 Page 69 of 404 14. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT Matthew Boyle 2102 North 30t" Street, Suite A Tacoma, WA 98403 Phone: 253.573.9300 15. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 16. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or 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 City of Port Orchard and Gretle Associates LLC Professional Service Agreement Contract No. CXX WA_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracls\Contract - Grette Alty Rev 1211202Qdocx Rev 7/18/2019 7of12 Page 70 of 404 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. 17. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of 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. 5. 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: City of Port Orchard and Grette Associates LLC Professional Service Agreement Contract No. CXX WA_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracls\Conlract - Grelle Atry Rev 121 12020 docx Rev 7/ 18/2019 8of12 Page 71 of 404 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 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 wi I take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON By: Robert Putaansuu, Mayor A`fTEST UT. ATE: By: a dy Rinea�so�i, MMC City Clerk APPROVED AS TO FORM: By: �►►�Fiu Charlotte �,.�4' h 61,6;Forney ■G� �GD RPORy�C�+'■: CONSULTANT Name: Matthew Title: Principal. Grette Associates Page 72 of 404 City of Port Orchard and Grette Associates LLC P—f—i—1 1z'—iro A[, ('YY APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, Sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Grette Associates LLC Professional Service Agreement Contract No. CXX U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Seleclion\Contracts\Contract - Grette AIty Rev 121 12020 docx Rev 7/18/2019 10of12 Page 73 of 404 Back to Agenda EXHIBIT A Scope of Work City of Port Orchard Consulting Services On -Call Statement of Understanding This Contract for on -call Consulting Services is to supplement the capabilities of City of Port Orchard staff by providing critical areas consulting services related to development applications received by the City. Specific work under this Contract will be performed by the Consultant on an individual task order basis. A specific scope, budget, and schedule will be provided for each requested task order. The Consultant is expected to respond promptly to task order requests. PROJECT SCHEDULE To be determined on a task order basis. City of Port Orchard and Grette Associates LLC Professional Service Agreement Contract No. CXX UAA_Nick Bond\2020 Projecls\Crilical Areas Consultant Selection\Contracts\Contract - Grette Alty Rev 12112020 docx Rev 7/18/2019 11 of12 Page 74 of 404 Back to Agenda EXHIBIT B .' Grette_AssociatesLLC NrENVIRONMENTAL CONSULTANTS Billing Rates Title Rate Principal $237.00 Biologist 5 $178.00 Biologist 4 $156.00 Biologist 3 $139.00 Biologist 2 $126.00 Biologist 1 $112.00 Environmental Planner 3 $139.00 Administrative Assistant $82.00 Field Assistant $82.00 Subconsultants 8% MU Expenses 8% MU Mileage $0.60 Other Expense Rates Available Upon Request Grette Staff Classifications Glenn Grette Principal Biologist Matthew Boyle Principal Biologist Larry Lehman Biologist 5 Ryan Walker Biologist 5 Scott Maharry Biologist 5 Jay Dirkse Biologist 5 Syd Gebers Biologist 3 Chad Wallin Biologist 3 Eron Drew Biologist 2 Sasha Ertl Biologist 2 Tom Peterman Biologist 1 Anne Hessburg Environmental Planner 3 Megan Sauer Administrative Assistant Holly Lehman Administrative Assistant 7 City of Port Orchard and Grette Associates LLC Professional Service Agreement Contract No. CaX U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grette Atty Rev 121 12020 docs Rev 7/18/2019 12of12 Page 75 of 404 Back to Agenda ;W 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 4H Subject: Approval of a Contract with Kitsap County Prosecuting Attorney for Prosecution of Municipal Criminal Complaints and Civil Infractions Meeting Date: Prepared by: Atty Routing No. Atty Review Date December 13, 2022 Brandy Wallace, MMC City Clerk N/A N/A Summary: For many years, the City has contracted with Kitsap County for legal services for prosecution of municipal criminal complaints and civil infractions. The current contract expires on December 31, 2022. The County is willing to continue to provide prosecution services. The agreement is for a two-year term. The key terms are the same as the current contract, except the County's costs have increased. In 2022, the City will have paid $122,811.60 for those services. The 2023 contract proposes a base figure of $131,505.15, approximately 7% increase from previous year, to be paid in equal monthly installments. In 2024, the compensation will be reviewed during the budget process and any changes in base salary will not exceed the percentage increase in the Consumer Price Index -Urban (CPI-U) for Seattle/Tacoma as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the immediately preceding calendar year. Recommendation: Staff recommends the approval of the contract, as presented. Relationship to Comprehensive Plan: N/A. Motion for consideration: "I move to approve a contract and authorize the Mayor to sign the legal services agreement with Kitsap County Prosecuting Attorney for prosecution of municipal criminal complaints and civil infractions." Fiscal Impact: The new contract reflects a cost increase to the City effective January 1, 2023, which has been incorporated into the 2023/2024 Biennial budget. Alternatives: Not approve and provide direction to the Mayor. Attachments: Contact Page 76 of 404 KC-495-22 LEGAL SERVICES AGREEMENT Prosecution Services This Agreement (this "Agreement") is entered into between the City of Port Orchard (the "City") and the Kitsap County Prosecuting Attorney (the "Prosecutor") pursuant to the provisions of Chapter 39.34 RCW (Interlocal Cooperation Act). WHEREAS, the Interlocal Cooperation Act permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the City and the Prosecutor wish to mutually cooperate for the purposes described herein; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Section I PURPOSE The purpose of this agreement is for the Prosecutor to provide legal services for the City for prosecution of municipal criminal complaints and civil infractions. Section II SERVICES The Prosecutor will provide the full range of prosecution services (i.e., prosecution/case management, legal advisor and special projects as required) to the Police Department of the City as more fully described in Exhibit A: Scope of Work, which is incorporated herein. Section III TERM OF AGREEMENT The term of this Agreement is January 1, 2023 through December 31, 2024. Section IV TERMINATION OF AGREEMENT This Agreement may be terminated by either party, with or without cause, upon four months' advance written notice to the other parry. Page 77 of 404 Section V COMPENSATION The City and the Prosecutor agree that compensation for services rendered under this Agreement shall be at an annual cost of $131,505.15 beginning on January 1, 2023 and shall be paid in equal monthly installments. The compensation shall be reviewed during the budget process each year by the City Council and, with the agreement of both parties, may be renewed for an additional budget year. Commencing January 1, 2024, and each succeeding year thereafter that this Agreement remains in effect, compensation shall be adjusted for the coming year based on changes in the Base Starting Rate paid by the Prosecutor to a DPA I, Step I and Legal Assistant, Step 1, As described in Exhibit B - Compensation, "2019 Prosecution Contract - Base Starting Rate," which is incorporated herein. In no event, however, shall the changes in Base Salary exceed the percentage increase in the Consumer Price Index -Urban (CPI-U) for Seattle/Tacoma as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the immediately preceding calendar year. Upon Approval by the City Council and with the agreement of the Prosecutor, a written confirmation of budget shall be attached as an addendum to this Agreement and serve as an amendment to this section Section VI OFFICE FACILITIES The City will provide office space, furnishings, and office equipment for one attorney and one support staff member of the Prosecutor. Section VII INSURANCE AND HOLD HARMLESS A. Insurance. Prior to and during the performance of the work covered by this Agreement, the Prosecutor shall provide the Risk Manager for the Council with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, and/or errors and omissions insurance, providing coverage of at least $1,000,000 for professional liability or errors and omissions in connection with the work to be performed by the Prosecutor under this Agreement. The Prosecutor shall furnish a certificate of insurance to the City for review by The City's Risk Manager. The Risk Manager shall be provided 30 days' written notice of any cancellation of such professional liability insurance. B. Indemnification. Each party agrees to defend and indemnify the other party and its elected and appointed officials, officers, employees and agents against all claims, losses, damages, suits and expenses, including reasonable attorneys' fees and costs, to the extent they arise out of the negligence or willful misconduct of the indemnitor or its elected or appointed officials, officers, employees and agents in connection with this Agreement. The indemnitor's duty to defend and indemnify extends to claims by the elected or appointed officials, officers, employees or agents of the indemnitor or of any contractor or subcontractor of indemnitor. The indemnitor waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated. This provision shall survive the termination of this Agreement. Page 78 of 404 Section VIII GENERAL PROVISIONS A. Integration. _ This Agreement constitutes the entire agreement between the parties. No other understandings or representations, oral or written, regarding the subject matter of this Agreement will be deemed to exist or bind the parties. B. Amendments. Except as provided in Section V (relating to changes in compensation), this Agreement may be modified or amended only by a writing duly executed by authorized representatives of both parties. C. Coverage. The City contracts with the Prosecutor for prosecution assistance on an annual basis. The Prosecutor shall be responsible for providing backup and coverage in the event of any absence or conflict at costs within the annual budget. Such backup and coverage shall be provided only by duly appointed deputy prosecuting attorneys. D. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and addressed as follows: If to the City: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 With a copy to: City Attorney City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 If to the Prosecutor: Kitsap County Prosecuting Attorney 614 Division Street, MS-35 Port Orchard, WA 98366 E. Files. All files and other documents maintained by the Prosecutor shall be the files of the City and accessible by the City through its City Attorney or other duly authorized representative during normal business hours. At the request of the City, any and all files maintained by the Prosecutor shall be tendered to the City. E. Independent Contractor. Prosecutor and assistant(s) are professionals acting without direct supervision and are independent contractors. Prosecutor waives any claim in the nature of a tax, charge, cost or employee benefit which would attach if Prosecutor or assistant(s) were held to be employees of the City. G. Non -Discrimination. Prosecutor 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, veteran's status or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide Page 79 of 404 occupational qualification. Prosecutor shall comply with all federal, state and local laws and ordinances applicable to the work to be done under this Agreement. Violation of this section shall be a material breach of this Agreement and grounds for cancellation, termination or suspension by the City, in whole or in part, any may result in ineligibility for further work from City. H. Governing Law; Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated only in the Superior Court of Kitsap County, Washington. I. Severability. The invalidity or unenforceability of any provision in this Agreement shall not affect the validity or enforceability of any other provisions that can be given effect without the offending provision. J. No Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. K. Administration. This Agreement will be jointly administered by the City and the Prosecutor. This Agreement does not create any separate legal or administrative entity. L. Financing Budget. This Agreement does not contemplate joint financing of the activities within its scope, nor does it contemplate a joint budget. M. Property Acquisition and Disposition. This Agreement does not contemplate the joint acquisition of property by the parties. At termination, each party will remain the sole owner of its own property. [Signatures appear on the next page] Page 80 of 404 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date stated above. DATED this day of 12022. DATED this day of , 2022. CITY OF PORT ORCHARD ROBERT PUTAANSUU, Mayor APPROVED AS TO FORM: CHARLOTTE ARCHER, City Attorney ATTEST: BRANDY WALLACE, MMC, City Clerk ATTEST: DANA DANIELS, Clerk of the Board KITSAP COUNTY PROSECUTING ATTORNEY CHAD M. ENRIGHT, Prosecuting Attorney DATED this day of , 2022. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON EDWARD E. WOLFE, Chair CHARLOTTE GARRIDO, Commissioner ROBERT GELDER, Commissioner Page 81 of 404 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 41 Adoption of a Resolution Amending Resolution No. 111-22 for Purchase of Vacant Property on Sherman Ave for Stormwater Facilities and Grant of a Drainage Easement Meeting Date: Prepared by: Back to Agenda December 13, 2022 Charlotte Archer City Attorney Atty Routing No.: 366922-0009 — PW Atty Review Date: N/A Summary: On October 25, 2022, by Resolution No. 111-22, the City Council authorized the purchase of a parcel of vacant land located at the end of Sherman Avenue, Kitsap County Tax Parcel No. 022301-3-109-2000 (the "Property"), for the future construction of The South Sydney Neighborhood Regional Drainage Improvement Plan (project #11) (the "Project") to address stormwater issues presented by that area. Resolution No. 111-22 acknowledged that the owner had submitted a Boundary Line Adjustment (BLA) to alter the Property's boundary and legal description as reflected in Exhibit A to that Resolution. Since the adoption of Resolution No. 111-22, the City approved the BLA (BLA No. LU22-BLA-05, Assessors Recording No. 202212010101), and it is unclear if the County will modify the parcel number of the property as a result. Staff and the property owners have finalized a purchase and sale agreement for the Property, including reference to the issued BLA. The Seller has requested, as a condition of the sale, a Drainage Easement from the City to permit the installation of stormwater drainage lines within the portion of the Property directly east of Blackjack Creek (the "Easement"). Staff has negotiated the terms of the Easement to balance the City's desired use of the area of the Property identified for the Easement's encumbrance with the seller's request as a condition of the sale and recommends approval. Recommendation: Staff recommends the City Council adopt a Resolution amending Resolution No. 111-22, for the purchase of Kitsap County Tax Parcel No. 022301-3-109-2000, and grant a Drainage Easement as a part of the purchase. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt a resolution amending Resolution No. 111-22 for the purchase of Kitsap County Tax Parcel No. 022301-3-109-2000 and to grant a Drainage Easement as part of the purchase." Fiscal Impact: A budget amendment was approved in November for this purchase. Alternatives: Do not approve and provide alternative guidance. Attachments: Resolution Exhibit A — Legal and Depiction Exhibit B — Drainage Easement Courtesy copy of Resolution No. 111-22 Page 82 of 404 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING RESOLUTION NO. 111-22, AUTHORIZING THE PURCHASE OF VACANT REAL PROPERTY LOCATED AT THE END OF SHERMAN AVENUE, KITSAP COUNTY TAX PARCEL NO. 022301-3-109-2000, ALSO KNOWN AS RESULTANT PARCEL 3 OF BOUNDARY LINE ADJUSTMENT NO. LU22-BLA-05, KITSAP COUNTY RECORDING NO. 202212010101. WHEREAS, on October 25, 2022, by Resolution No. 111-22, the City Council authorized the purchase of a parcel of vacant land located at the end of Sherman Avenue, Kitsap County Tax Parcel No. 022301-3-109-2000 (the "Property"), for the future construction of The South Sydney Neighborhood Regional Drainage Improvement Plan (project #11) (the "Project") to address stormwater issues presented by that area; and WHEREAS, at that time, Resolution No. 111-22 acknowledged that the owner had submitted a Boundary Line Adjustment (BLA) to alter the Property's boundary and legal description as reflected in Exhibit A to that Resolution; and WHEREAS, since the adoption of Resolution No. 111-22, the City approved the BLA (BLA No. LU22-BLA-05, Assessors Recording No. 202212010101), and it is unclear if the County will modify the parcel number of the property as a result; and WHEREAS, accordingly, to clarify the intended purchase, staff recommends amending the previous Resolution to add a full legal description and to reference the recorded BLA; and WHEREAS, additionally, the seller has requested, as a condition of the sale, a Drainage Easement from the City to permit the installation of stormwater drainage lines within the portion of the Property directly east of Blackjack Creek (the "Easement"); and WHEREAS, staff has negotiated the terms of the Easement to balance the City's desired use of the area of the Property identified for the Easement's encumbrance with the seller's request as a condition of the sale and recommends approval; and WHEREAS, the City Council finds it is in the best interest of the City and its residents to amend Resolution No. 111-22 to make the clarifications set forth herein, and to authorize the execution of a Drainage Easement to benefit seller as a condition of the sale; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: Resolution No. 111-22 shall be amended to read as follows: Page 83 of 404 Back to Agenda Resolution No. Page 2 of 2 The City Council authorizes the purchase of the parcel of vacant land located at the end of Sherman Avenue, Kitsap County Tax Parcel No. 022301-3-109-2000, also known as Resultant Parcel 3 Of Boundary Line Adjustment No. LU22-Bla-05, Kitsap County Recording No. 202212010101, for a purchase price of $850,000, plus closing costs and fees, and authorizes the Mayor to execute all documents necessary to effectuate the purchase, in a form acceptable to the City Attorney, provided that, the City Council's authorization applies to the Property as depicted and legally described on Exhibit A hereto. THAT: The City Council authorizes the Mayor to execute the Drainage Easement set out as Exhibit B hereto, as a term of the transaction. 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 13t" day of December 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 84 of 404 Back to Agenda EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Resultant Parcel 3 of Boundary Line Adjustment No. LU22-BLA-05, Kitsap County Recording No. 202212010101 (Kitsap Tax Parcel #022301-3-109-2000) THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 11; THENCE SOUTH 02019'34" WEST ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 11, A DISTANCE OF 71.29 FEET, TO THE NORTHERLY RIGHT-OF-WAY LINE OF SOUTHEAST SEDGEWICK ROAD (ALSO KNOWN AS STATE ROUTE 160) AND A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 622.72 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 32005'00" EAST, THROUGH A CENTRAL ANGLE OF 10046" 9", AN ARC DISTANCE OF 117.08 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 81-07,49" WEST, A DISTANCE OF 67.34 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 53058,411, WEST, A DISTANCE OF 240.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36012'36" WEST, A DISTANCE OF 185.44 FEET; THENCE SOUTH 49049'15" WEST, A DISTANCE OF 333.35 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 210.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 49012'25" WEST, THROUGH A CENTRAL ANGLE OF 11013,23", AN ARC DISTANCE OF 41.13 FEET TO A POINT OF TANGENCY; THENCE NORTH 52000'58" WEST, A DISTANCE OF 36.87 FEET; THENCE SOUTH 86025'56" WEST, A DISTANCE OF 133.49 FEET; THENCE SOUTH 30050'30" WEST, A DISTANCE OF 61.22 FEET; THENCE SOUTH 64009'40" WEST, A DISTANCE OF 41.94 FEET; THENCE SOUTH 09044'01" WEST, A DISTANCE OF 56.00 FEET; THENCE SOUTH 22045'08" EAST, A DISTANCE OF 53.95 FEET; THENCE SOUTH 36°54'19" EAST, A DISTANCE OF 100.29 FEET; THENCE SOUTH 19036'30" WEST, A DISTANCE OF 42.79 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SR 16, AS DEPICTED ON OLYMPIC DRIVE TO TREMONT STREET RIGHT OF WAY AND LIMITED ACCESS PLAN SHEET 16 OF 21 ON FILE WITH THE DIRECTOR OF TRANSPORTATION IN OLYMPIA, WASHINGTON; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY THE FOLLOWING THREE COURSES; NORTH 38055'06" WEST, A DISTANCE OF 202.38 FEET; NORTH 33034'48" WEST, A DISTANCE OF 294.55 FEET; NORTH 20044'50" WEST, A DISTANCE OF 289.77 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE AND ALONG SAID WEST LINE, NORTH 02031'50" EAST, A DISTANCE OF 1,301.63 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, SOUTH 89002,251, EAST, A DISTANCE OF 660.74 FEET; THENCE SOUTH 02035'28" WEST, A DISTANCE OF 866.58 FEET; Page 85 of 404 Back to Agenda THENCE SOUTH 89002'28" EAST, A DISTANCE OF 171.79 FEET; THENCE SOUTH 14022'38" WEST, A DISTANCE OF 141.90 FEET; THENCE SOUTH 40009'29" EAST, A DISTANCE OF 244.77 FEET; THENCE SOUTH 04042'13" WEST, A DISTANCE OF 152.26 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 29.06 ACRES, MORE OR LESS Page 86 of 404 Recording Requested By And When Recorded Mail To: Roland & Roland 11061 Arroyo Beach Place SW Seattle, WA 98146 DOCUMENT TITLE: EASEMENT FOR DRAINAGE LINES REFERENCE NUMBER OF RELATED DOCUMENT(S): BARGAIN AND SALE DEED, Recording No. BOUNDARY LINE ADJUSTMENT NO. LU22-BLA-05, Recording No. 202212010101 GRANTOR(S): CITY OF PORT ORCHARD, a Municipal Corporation GRANTEE(S): ROLAND & ROLAND, a Washington General Partnership ABBREVIATED LEGAL DESCRIPTION: RESULTANT PARCEL 3 OF BOUNDARY LINE ADJUSTMENT RECORDED IN VOLUME 97 OF SURVEYS, PAGES 48 THROUGH 53, INCLIUSIVE, UNDER AUDITOR'S FILE NO. 202212010101, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 2 AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. ASSESSOR'S TAX / PARCEL NUMBER(S): 022301-3-109-2000; 022301-3-108-2001;112301-2-051-2009 DRAINAGE EASEMENT AGREEMENT THIS DRAINAGE EASEMENT AGREEMENT ("Agreement") is made this day of , 2022, by and between, CITY OF PORT ORCHARD, a municipal corporation ("Grantor"), and ROLAND & ROLAND, a Washington General Partnership ("Grantee"). RECITALS: A. Grantor acquired certain property (Parcel No. 022301-3-109-2000, also known as Resultant Parcel 3 of Boundary Line Adjustment No. LU22-BLA-05, Recording No. 202212010101) ("Grantor's Property") from Grantee under a Bargain and Sale Deed. Drainage Easement Pagel of 8 1710674.2 - 366922 -0009 Page 87 of 404 B. Grantee owns the adjoining property (Parcel Nos. 022301-3-108-2001; 112301-2-051- 2009, also known as Resultant Parcels 1 and 2 of Boundary Line Adjustment No. LU22- BLA-05, Recording No. 202212010101) ("Grantee's Property"). Grantee, including its successors in interest, may develop Grantee's Property at some point in the future. C. As consideration for the sale of Grantor's Property, Grantee requested a drainage easement to allow Grantee to drain Grantee's Property over a portion of Grantor's Property set out on Exhibits A and B hereto (the "Drainage Easement Area") and into Black Jack Creek, which is located on Grantor's Property, and Grantor agreed. D. In addition, Grantee needs access to a portion of Grantor's Property to install drainage facilities including all facilities, ponds, connectors and appurtenances (the "Drainage Lines") at such as time when Grantee's property is developed and to serve the development into the future. E. Since Grantee has not yet designed the development of Grantee's Property nor designed or engineered the storm drainage that will serve the future development, the exact location of where the storm drainage facilities, including the Drainage Lines, will be located is not yet known. F. The Parties agree that they will cooperate in locating the storm drainage facilities such as to minimize interference with Grantor's use of Grantor's Property. AGREEMENT: NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties agree as follows: 1. Nature and Location of Drainage Easement. Grantor has acquired from Grantee certain real property legally described in Exhibit "C'; attached hereto and incorporated herein by this reference ("Grantor's Property"). The Drainage Easement granted by Grantor herein shall be a permanent drainage easement for the benefit of Grantee over, upon, across, through and under the Drainage Easement Area, provided however, the exact location of the Drainage Lines, as described herein, will be located within the initially described Drainage Easement Area and the specific area encumbered identified in an amendment to this Agreement. The final Drainage Easement Area shall be defined as the area reasonably necessary to allow for the construction, operation, maintenance and replacement of the storm drainage system approved by the City of Port Orchard under applicable City codes to accommodate full development of the Grantee's Property. Once the Drainage Lines are constructed and approved by the City and the final Drainage Easement Area defined via an amendment to this Agreement any future modification to Drainage Easement Page 2 of 8 1710674.2 - 366922 -0009 Page 88 of 404 the Drainage Lines shall be reflected in a subsequent amendment to this Agreement. This Drainage Easement shall be for the purposes of installing, laying, constructing, maintaining, inspecting, repairing, removing, replacing, renewing, using and operating storm Drainage Lines in the Drainage Easement Area to serve the Grantee's Property, and includes the right of ingress and egress within the Drainage Easement Area with all necessary vehicles and equipment for said purposes. 2. Drainage Easement Area. The Drainage Easement Area is legally described in ExhibitA and depicted in Exhibit B, both of which are attached hereto and incorporated herein by this reference. Grantee shall further provide Grantor with "as -built" drawings of the Drainage Lines upon completion of construction. 3. Right of Entry. Grantee shall have the right, without notice and without prior institution of any suit or proceeding at law or equity, at all times as may be necessary to enter upon the Drainage Easement Area for the purpose of installing, laying, constructing, maintaining, inspecting, repairing, removing, replacing, renewing, using, maintaining and operating the Drainage Lines for the purposes of serving Grantee's Property with stormwater drainage. Such right of entry is conditioned upon Grantee having obtained all required permits for performing the work. Except for disturbances to Grantor's Property that may result from the Grantee's exercise of its rights under this Drainage Easement, which Grantor agrees shall not be considered damage, Grantee agrees that it will not damage Grantor's Property. Notwithstanding the foregoing, Grantee shall not do anything that creates a hazard or environmental damage to Grantor's Property, including but not limited to Black Jack Creek or any critical area. Grantee further agrees to restore, within a reasonable time, Grantor's Property as nearly as reasonably possible to the condition existing immediately prior to any damage from construction, operation, maintenance, repair, or replacement of the Drainage Lines. 4. Encroachment/Construction Activity. After such time as the Drainage Lines have been installed, Grantor shall not undertake, authorize, permit or consent to any construction or excavation including, without limitation, digging, tunneling, or other forms of construction activity on or near the Drainage Lines which might in any fashion unearth, undermine, or damage the Drainage Lines or endanger the lateral or other support of the Drainage Lines without Grantee's prior written approval which shall not be unreasonably withheld, conditioned, or delayed. Grantor and Grantee jointly agree that no structure or obstruction including, without limitation, fences and rockeries shall be erected over, upon or within the Drainage Easement Areas and near the Drainage Lines, except as provided herein. Provided, however, Grantor shall have full use of the Drainage Easement Area, so long as such use does not interfere with the operation of the Drainage Lines. 5. Maintenance Obligations. Grantee shall be responsible for any maintenance work, repairs, improvements and/or restoration to the Drainage Lines located on the Drainage Easement Drainage Easement Page 3 of 8 1710674.2 - 366922 -0009 Page 89 of 404 area. The Grantee is the Party solely responsible to improve and maintain the Drainage Easement in the matter described in this paragraph and to restore Grantor's Property as set forth in Section 3 above. The standard for maintenance shall be that required to conform to the City's applicable codes. 6. Binding Effect; Warranty of Title. The Drainage Easement and the covenants, terms, and conditions contained herein are intended to and shall run with both Grantor's and Grantee's respective Real Property and shall be binding upon Grantee and Grantor and their respective successors, heirs and assigns. Grantor warrants that Grantor owns title to Grantor's Property as received from Grantee under a Bargain and Sale Deed and warrants the Grantee title to and quiet enjoyment of the Drainage Easement. 7. Entire Agreement. This Agreement states all of the terms and conditions for the Drainage Easement. All exhibits attached hereto are incorporated herein by this reference. Modification or waiver of any provisions of the Agreement shall be effective only if made in writing and executed with the same formalities of this Agreement. 8. Recording. Upon its execution, the Drainage Easement, including its Exhibits shall be recorded by Grantor with the Kitsap County Auditor's Office in Kitsap County, Washington. 9. Exhibits Exhibit A - Legal Description of Drainage Easement Area Exhibit B - Map of Drainage Easement Area Exhibit C - Legal Description of Grantor's Property GRANTOR: CITY OF PORT ORCHARD, a Washington Municipal corporation By: Its: Date: Drainage Easement Page 4 of 8 1710674.2 - 366922 -0009 GRANTEE: ROLAND & ROLAND, a Washington General Partnership By: Its: Date: Page 90 of 404 NOTARY FOR GRANTOR STATE OF WASHINGTON ) ) ss: COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Robert Putaansuu is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Port Orchard, a municipal corporation, to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. Drainage Easement Page 5 of 8 1710674.2 - 366922 -0009 Dated NAME: (Print Name) Notary Public in and for the State of Washington. Commission Expires: Page 91 of 404 NOTARY FOR GRANTEE STATE OF WASHINGTON ) ) SS: COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that she/he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Roland & Roland, a Washington General Partnership, to be the free and voluntary act of such partnership for the uses and purposes mentioned in the instrument. Drainage Easement Page 6 of 8 1710674.2 - 366922 -0009 Dated NAME: (Print Name) Notary Public in and for the State of Washington. Commission Expires: Page 92 of 404 Back to Agenda EXHIBIT "A" DRAINAGE EASEMENT THAT PORTION OF RESULTANT PARCEL D OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO.200811040156 AND AS CORRECTED BY AFFIDAVIT OF MINOR CORRECTION RECORDED UNDER AUDITOR'S FILE NO.200901090032, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, BOTH IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON., LYING EASTERLY OF THE CENTERLINE OF BLACKJACK CREEK AND SOUTH AND WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED RESULTANT PARCEL D; THENCE SOUTH 89°02'25" EAST, ALONG THE NORTH LINE THEREOF, A DISTANCE OF 660.74 FEET TO THE EASTERLY LINE THEREOF; THENCE SOUTH 02°35'28" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 866.58 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE HEREINAFTER REFERRED TO AS "POINT A" AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE, SOUTH 89-02-28" EAST, A DISTANCE OF 69.79 FEET MORE OR LESS TO THE CENTERLINE OF BLACKJACK CREEK; THENCE CONTINUING SOUTH 89°02'28" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 102.00 FEET TO A POINT 171.79 FEET FROM SAID "POINT A"; THENCE SOUTH 14°22'38" WEST, A DISTANCE OF 141.90 FEET; THENCE SOUTH 40°09'29" EAST, A DISTANCE OF 244.77 FEET; THENCE SOUTH 04'42'13" WEST, A DISTANCE OF 152.26 FEET; THENCE SOUTH 36°12'36" WEST, A DISTANCE OF 185.44 FEET; THENCE SOUTH 49°49'15" WEST, A DISTANCE OF 333.35 FEET TO THE SOUTH LINE OF SAID PARCEL D AND THE TERMINUS OF SAID LINE. ALL SITUATE IN SECTIONS 2 AND 11, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON. m rl E N G I N E E R I N G- L L C 4706 97th Street Northwest, Suite 100, Gig Harbor, WA 98335. ph 253-857-5454. fax 253-509-0044 Page 93 of 404 Back to Agenda S89°02'25"E 660.74' ll�:POINT OF COMMENCEMENT I ILO (D cn 00 I 3 ILO Cu Cu :n Cu I co o I EXHIBIT "B" DRAINAGE EASEMENT LINE CHART: LINE BEARING DISTANCE L1 N89°02'28"W 171.79' L2 N14°22'38"E 141.90' L3 N40°09'29"W 244.77' L4 N04°42'13"E 152.26' L5 N36*i2 36"El 185.44' L61 N49°49'15"E 333.35' TRUE POINT OF BEGINNING OF EAST LINE OF EASEMENT _I 40p r4, 5w CIVIL ENGINEERSNSURVEYORSNLAND PLANNERS 4706 97th Street NW, Suite 100, Gig Harbor, WA 98335 Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com 0 300 600 SCALE: 1" = 300' EN H. W HIy0p0 ` �N cn -o o 9 38965 s�Tp FGI Nq z ¢ O J� S T L N Page 94 of 404 Back to Agenda EXHIBIT C LEGAL DESCRIPTION OF GRANTOR'S REAL PROPERTY Resultant Parcel 3 of Boundary Line Adjustment No. LU22-BLA-05, Kitsap County Recording No. 202212010101 (Kitsap Tax Parcel #022301-3-109-2000) THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 11; THENCE SOUTH 02°19'34" WEST ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 11, A DISTANCE OF 71.29 FEET, TO THE NORTHERLY RIGHT-OF-WAY LINE OF SOUTHEAST SEDGEWICK ROAD (ALSO KNOWN AS STATE ROUTE 160) AND A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 622.72 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 32°05'00" EAST, THROUGH A CENTRAL ANGLE OF 10°46'19", AN ARC DISTANCE OF 117.08 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 81°07'49" WEST, A DISTANCE OF 67.34 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 53°58'41" WEST, A DISTANCE OF 240.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36°12'36" WEST, A DISTANCE OF 185.44 FEET; THENCE SOUTH 49'49'15" WEST, A DISTANCE OF 333.35 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 210.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 49°12125" WEST, THROUGH A CENTRAL ANGLE OF 11'13'23", AN ARC DISTANCE OF 41.13 FEET TO A POINT OF TANGENCY; THENCE NORTH 52°00'58" WEST, A DISTANCE OF 36.87 FEET; THENCE SOUTH 86°25'56" WEST, A DISTANCE OF 133.49 FEET; THENCE SOUTH 30°50'30" WEST, A DISTANCE OF 61.22 FEET; THENCE SOUTH 64°09'40" WEST, A DISTANCE OF 41.94 FEET; THENCE SOUTH 09°44'01" WEST, A DISTANCE OF 56.00 FEET; THENCE SOUTH 22°45'08" EAST, A DISTANCE OF 53.95 FEET; THENCE SOUTH 36°54'19" EAST, A DISTANCE OF 100.29 FEET; THENCE SOUTH 19°36'30" WEST, A DISTANCE OF 42.79 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SR 16, AS DEPICTED ON OLYMPIC DRIVE TO TREMONT STREET RIGHT OF WAY AND LIMITED ACCESS PLAN SHEET 16 OF 21 ON FILE WITH THE DIRECTOR OF TRANSPORTATION IN OLYMPIA, WASHINGTON; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY THE FOLLOWING THREE COURSES; NORTH 38°55'06" WEST, A DISTANCE OF 202.38 FEET; NORTH 33°34'48" WEST, A DISTANCE OF 294.55 FEET; NORTH 20°44'50" WEST, A DISTANCE OF 289.77 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE AND ALONG SAID WEST LINE, NORTH 02°31150" EAST, A DISTANCE OF 1,301.63 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER Drainage Easement Page 7 of 8 1710674.2 - 366922 -0009 Page 95 of 404 Back to Agenda OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, SOUTH 89°02125" EAST, A DISTANCE OF 660.74 FEET; THENCE SOUTH 02°35'28" WEST, A DISTANCE OF 866.58 FEET; THENCE SOUTH 89°02'28" EAST, A DISTANCE OF 171.79 FEET; THENCE SOUTH 14°22'38" WEST, A DISTANCE OF 141.90 FEET; THENCE SOUTH 40°09'29" EAST, A DISTANCE OF 244.77 FEET; THENCE SOUTH 04°42'13" WEST, A DISTANCE OF 152.26 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 29.06 ACRES, MORE OR LESS. Drainage Easement Page 8 of 8 1710674.2 - 366922 -0009 Page 96 of 404 DocuSign Envelope ID: BC79B2B0-1633-49B1-9013-D406892C5989 Back to Agenda RESOLUTION NO. 111-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE PURCHASE OF VACANT REAL PROPERTY LOCATED AT THE END OF SHERMAN AVENUE, KITSAP COUNTY TAX PARCEL NO. 4650-011-001-0001. WHEREAS, the City of Port Orchard Comprehensive Plan acknowledges the City's intent to construct The South Sydney Neighborhood Regional Drainage Improvement Plan (project #11) (the "Project") to address stormwater issues presented by that area; and WHEREAS, the City of Port Orchard has identified for purchase a parcel of vacant land located at the end of Sherman Avenue, Kitsap County Tax Parcel No. 4650-011-001-0001 (the "Property') to enable the City to move forward with the Project; and WHEREAS, the Property will be used, in part, for much needed stormwater facilities for the area; and WHEREAS, the current owner has submitted a Boundary Line Adjustment to alter the Property's boundary and legal description as reflected in Exhibit A, attached hereto; and WHEREAS, the City Council finds it is in the best interest of the City and its residents to authorize the purchase of the Property, subject to the conditions set out in this Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the purchase of the parcel of vacant land located at the end of Sherman Avenue, Kitsap County Tax Parcel No. 4650-011-001-0001, for a purchase price of $850,000, plus closing costs and fees, and authorizes the Mayor to execute all documents necessary to effectuate the purchase, in a form acceptable to the City Attorney, provided that, the City Council's authorization applies to the Property as depicted and legally described on Exhibit A hereto. If a complete application for Boundary Line Adjustment is not received by the City by 4:30pm on November 4, 2022, and approved by 4:30pm on December 9, 2022, the authorization set out herein shall be void. 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 25t" day of October 2022. F�UOCUSigned by: b PlAfa&A SW 3b964Robert utaansuu, Mayor ATTEST: a uSigned byy::1 AUAV- Brandy Wallace, MMC, City Clerk P< DocuSign Envelope ID: BC79B2BO-1633-49B1-9013-D406892C5989 Back to Agenda ROLAND & ROLAND PROPOSED BOUNDARY LINE ADJUSTMENT EXHIBIT PARCEL 3 0 300 600 SCALE: 1" = 300' /PROPOSED EASEMENT AREA 163585 SO.FT / 3.755 ACRES +/- \ PARCEL 1 LINE I XISTING LINE V � f"PARCEL 2 ��o G 5w C U 0 T E N G I N E E R I N G• L L C CIVIL ENGINEERSNSURVEYORSNLAND PLANNERS 4706 97th Street NW, Suite 100. Gig Harbor, WA 98335 Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com Page 98 of 404 Back to Agenda r City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Resort Agenda Item No.: Consent Agenda 4.1 Meeting Date: December 13, 2022 Subject: Approval of Amendment No. 2 to Prepared by: Tony Lang Contract No. 001-22 with CONSOR North Public Works Director America, Inc. for 2022 On-Call/Modeling Atty Routing No.: 366922-0009 — PW Services for the City's Water Systems Atty Review Date: December 6, 2022 Summary: Due to the limitations of in-house staff, the City utilizes the services of a qualified engineering firm to perform on-call/modeling services for the City's Water Systems, and associated projects, and solicits qualified firms through a Qualifications -Based Selection (QBS) process consistent with Chapter 39.80 RCW on a regular basis to ensure a competitive rate for these services. Following a full QBS procurement process on January 11, 2022, the Port Orchard City Council approved Contract No. C001-22 with selected, qualified consultant Murraysmith, Inc. for 2022 On-Call/Modeling Update Services for the City's Water Systems. March 8, 2022, Council approved Amendment No. 1 to fund additional tasks required for the City's water projects. This Contract's termination date is December 31, 2022. Since the contract was executed, Murraysmith, Inc. partnered with CONSOR Engineers and is now known as CONSOR North America, Inc.; staffing remains the same. Due to continuing tasks needing this expertise, the City would like to extend the consultant's agreement to retain their services and amend the agreement to reflect the name change. The 2023-2024 Biennial Budget provides funding of $75,000 per year to pay for these services. This proposed Amendment would extend the duration of the contract to December 31, 2024, reflect the name change, and increase Contract C001-22 from $180,000 to $330,000. Recommendation: Staff recommends that the City Council authorize the Mayor to execute Amendment No. 2 to Contract No. C001-22 with CONSOR North America, Inc. to extend the duration of the contract to December 31, 2024, and increase the contract amount for the extension period. Relationship to Comprehensive Plan: Chapter 7 - Utilities Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 2 to Contract No. C001-22 with CONSOR North America, Inc. for On-Call/Modeling Update Services for the City's Water Systems. Fiscal Impact: Water On -Call Services is a task within the 2023-2024 Biennial Budget. (GL Code 411.05.534.10.40) Alternatives: Do not authorize and provide alternative guidance. Attachments: Authorization for Amendment No. 2 Amendment No. 2 Copy of Contract C001-22 Page 99 of 404 Back to Agenda CITY OF PORT ORCHARD Authorization for Amendment No. 2 Date: December 13, 2022 Contractor: CONSOR North America, Inc Project: 2022 On-Call/Modeling Update 600 University Street, Suite 300, Services for the City's Water Seattle, WA 98101 Systems Contract / Job # C001-22 THIS AMENDMENT AUTHORIZES THE FOLLOWING CHANGES TO THE AGREEMENT: 1. A company name change from Murraysmith, Inc. to CONSOR North America, Inc 2. A time extension - extending the Agreement termination date to December 31, 2024. 3. A Contract increase of $150,000 ($75,000 annually for 2023 and 2024) for a "Time and Materials Not to Exceed" total of $330,000. In all other respects the Underlying agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. The extension is for continued On-Call/Modeling Update services for 2023 and 2024. Contract History Amount Sales Tax Total Date Appvd b Original Contract $80,000.00 $0.00 $80,000.00 11-Jan-22 Council Amendment 1 $100,000.00 $0.00 $100,000.00 08-Mar-22 Council Amendment 2 $1S0,000.00 $0.00 $150,000.00 13-Dec-22 Council Total Contract $330,000.00 $0.00 $330,000.00 I have reviewed the Amendment information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Consultant Approval Signature Printed Name & Title %—' Public Works Director Tony Lang Printed Name Approved: Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract amount established by City Council can be approved by the Public Works Director. Attest: Change Orders that do not exceed 10%, with a maximum of $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. Mayor City Clerk Council Approval Date Back to Agenda AMENDMENT NO. 2 TO CONTRACT NO. C001-22 CITY OF PORT ORCHARD AGREEMENT WITH Consor North America, Inc THIS AMENDMENT No. 2 ("Amendment") to Contract No. C001-22 is made effective as of the 13 t h day of December 2022, by and between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and CONSOR North America, Inc., an Oregon corporation ("Consultant"). City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, on the 1" day of January 2022, the City executed an Agreement for the 2022 On- Call/Modeling Update Services for the City's Water Systems, Contract No. C001-22 with the Consultant ("Underlying Agreement"); and WHEREAS, on the 8t" day of March 2022, Port Orchard City Council approved Amendment No. 1 for additional tasks for On -Call Hydraulic Analyses and Modeling and new infrastructure review; and WHEREAS, effective the 3rd day of October 2022, the "Consultant" changed its entity name from Murraysmith, Inc to CONSOR North America, Inc; and WHEREAS, Section 2 of the Underlying Agreement provides the City the right to offer contract extensions prior to the contract's expiration to retain the Consultant's services; and WHEREAS, the Consultant and the City have conferred and agreed to extend the duration of the agreement to December 31, 2024, and to increase the amount of the contract by $150,000 in anticipation of additional work for 2023 and 2024; and WHEREAS, the parties wish to memorialize their agreement and so extend the Underlying Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: SECOND AMENDMENT TO AGREEMENT: 1. Amendment. The Consultant entity name is changed from Murraysmith, Inc to CONSOR North America, Inc. 2. Amendment. Section 2 Duration of Work, of the Agreement, is hereby amended to read as follows: The Consultant shall not begin any work under this Agreement until the City has issued a Notice to Proceed. This Agreement shall expire on December 31, 2024, unless extended by an amendment executed by the duly authorized representatives of the parties. Amendment No.2 to Agreement between City of Port Orchard and CONSOR North America, Inc Contract No.0001-22 Page 1 updated 4/2022 IBDR Page 101 of 404 Back to Agenda 3. Amendment. Section 3A. Payment, of the Agreement, is hereby amended to read as follows: Compensation under this Agreement will be on a "time and materials not to exceed" basis, based on the fees included for each approved task assignment, provided total compensation for these services shall not exceed $330,000 (inclusive of all compensation paid after execution of this Agreement but prior to this Amendment), without written authorization, and will be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit B, attached to the Underlying Agreement, and incorporated herein by this reference. 4. Severability. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, 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. S. Entire Agreement. The written provisions and terms of this 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 Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as modified by this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. 6. Effective date. This Amendment shall be effective as of December 13, 2022. DATED this 13 day of December 2022. CITY OF PORT ORCHARD, WASHINGTON CONSULTANT Robert Putaansuu, Mayor Signature ATTEST/AUTHENTICATED: Printed Name and Title Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Amendment No.2 to Agreement between City of Port Orchard and CONSOR North America, Inc Contract No.0001-22 Page 2 updated 4/2022 IBDR Page 102 of 404 DocuSign Envelope ID: 9BDD88FD-1 28D-4BDE-AOD8-OF1 07C552C23 Back to Agenda CITY OF PORT ORCHARD (WATER ON CALL) PROFESSIONAL SERVICES AGREEMENT THIS Agreement ("Agreement") is made effective as of the 1st day of January 2022, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Murraysmith, Inc, a corporation, organized under the laws of the State of Oregon, doing business at: Murraysmith, Inc. 600 University Street, Suite 300 Seattle, WA 98101 Contact: Erika Schuyler, PE, PMP (hereinafter the "CONSULTANT") Phone: 206.462.7030 For 2022 On-Call/Modeling Update Services for the City's Water Systems TERMS AND CONDITIONS 1. Services by Consultant A. The Consultant shall perform the water on -call professional services, on a project basis, as described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work and any task order issued by the City consistent therewith, without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to be the parties and incorporated in written amendments to the Agreement. C. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. Consultant shall perform the services in accordance with the direction and scheduling provided by the City. If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. D. The Consultant shall not subcontract with subconsultants for the performance of any work under this Agreement without prior written permission of the City. 2. Duration of Work The Consultant shall not begin any work under this Agreement until the City has issued a Notice to Proceed. This Agreement shall expire on December 31, 2022, unless extended by an amendment City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. COOI -22 Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\INelCache\Content 0utlook\2KXQ83CC\2022-0n Call -Water CA 12 14 21 docx 1 of 1 I Page 103 of 404 DocuSign Envelope ID: 9BDD88FD-1 28D-4BDE-AOD8-OF1 07C552C23 Back to Agenda executed by the duly authorized representatives of the parties. The City reserves the right to offer two, one- year extensions prior to contract expiration to retain the selected company's services. Payment A. Compensation under this Agreement will be on a "time and materials, not to exceed" basis, based on the fees included for each approved task assignment, provided total compensation for these services shall not exceed Eighty Thousand Dollars ($880,000.00 without written authorization, and will be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit B, attached hereto and incorporated herein by this reference. B. The Consultant shall be paid by the City for completed services rendered. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies equipment and incidentals necessary to complete the work. The Consultant shall bill the City on a monthly basis showing each task as a separate item with the "not to exceed" amount, any prior billings, the current billing, and the balance remaining by task. C. The amount paid by the City for each invoice shall not exceed the amount in Section 3A above and the hourly billing rates set forth in Exhibit B, except where there are conflicts with the City's Policy on Travel Expenses. The City's Policy on Travel Expenses shall supersede. The City shall pay the full amount of an invoice within sixty (60) days of receipt. 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. D. The Consultant will not undertake any work or otherwise financially obligate the City in excess of said not -to -exceed amount in Section 4 without a duly authorized amendment to this Agreement. In the event services are required beyond those specified in Section 1 and not included in the compensation listed in this Agreement, a written contract amendment shall be negotiated and approved by the City before any effort is expended on such services. E. 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. F. At all times the Consultant shall comply with all federal, state and local laws and regulations applicable to independent contractors, including, but not limited to, all applicable public health requirements in response to COVID-19, 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. G. If the services rendered do not meet the requirements of this Agreement, the Consultant will correct or modify the work to comply with this Agreement. The City may withhold payment for such work until the work meets the requirements of this Agreement. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22. Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\INetCache\Content Outlook\2KXQ83CC\2022-On Call -Water CA 12.14.21.docx 2of11 Page 104 of 404 DocuSign Envelope ID: 9BDD88FD-1 28D-4BDE-AOD8-OF1 07C552C23 Back to Agenda 4. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and 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. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 5. Relationship of Parties The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub - consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub - consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub - consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 6. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. 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. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\lNelCache\Content 0utlook\2KXQ83CC\2022-0n Call -Water CA 12 14.21 docx 3of11 Page 105 of 404 DocuSign Envelope ID: 9BDD88FD-1 28D-4BDE-AOD8-OF1 07C552C23 Back to Agenda C. Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. Termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Upon receipt of the notice of termination, the Consultant will promptly discontinue all services under this Agreement. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 7. 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. 8. Ownership of Work Product A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. COOI-22 Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\INetCache\Content 0ut1uok\2KXQ83CC\2022-0n Call -Water CA 12 14 21 docx 4of11 Page 106 of 404 DocuSign Envelope ID: 9BDD88FD-1 28D-4BDE-AOD8-OF1 07C552C23 Back to Agenda B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 9. Work Performed at the Consultant's Risk The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at 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. 10. Indemnification The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 11. Insurance The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Before beginning work on the project described in this Agreement, the Consultant shall provide evidence, in the form of a Certificate of Insurance, of the following insurance coverage and limits (at a minimum): A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 Rev 12.14.2021 C:\Osers\mdorsey\AppData\Loca1\Microsoft\Windows\1NeiCache\Content Outlook\2KXQ83CC\2022-On Call -Water CA 12.1421.docx 5of11 Page 107 of 404 DocuSign Envelope ID: 9BDD88FD-128D-4BDE-AOD8-OF107C552C23 Back to Agenda or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liabili insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Automobile Liabilily insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $5,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 Rev 12.14.2021 C:\Users\rndorsey\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\2KXQ83CC\2022-On Call -Water CA 12 14.21.docx 6ofII Page 108 of 404 DocuSign Envelope ID: 9BDD88FD-1 28D-4BDE-AOD8-OF1 07C552C23 Back to Agenda 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 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. 12. Assigning or Subcontracting The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 13. Notice Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT Adam Schuyler, PE, PMP Murraysmith, Inc 600 University Street, Suite 300 Seattle, WA 98101 Phone: 206.462.7030 14. Resolution of Disputes and Governing Law A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\INetCache\Conten4Outlook\2KXQ83CC\2022-On Call -Water CA 12.14.21.docx 7ofII Page 109 of 404 DocuSign Envelope ID: 9BDD88FD-1 28D-4BDE-AOD8-OF1 07C552C23 Back to Agenda 15. General Provisions A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or 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 and Appendices 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 and Appendices 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 or Appendices to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. E. Certification regarding debarment and suspension. By signing this Agreement the Consultant certifies to the best of its knowledge and belief, that it and its principals: (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (2) have not within a three --year period preceding the effective -date of this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated herein of; and (4) have not within a three-year period preceding the effective date of this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. 16. 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. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\1NelCache\Content Out1ouk\2KXQ83CC\2022-0n Call -Water CA 12 14 21 docx 8of11 Page 110 of 404 DocuSign Envelope ID: 9BDD88FD-1 28D-4BDE-AOD8-OF1 07C552C23 Back to Agenda Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 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. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\INetCache\Content Outlook\2KXQ83CC\2022-On Call -Water CA 12.14 21 docx 9of11 Page 111 of 404 DocuSign Envelope ID: 9BDD88FD-1 28D-4BDE-AOD8-OF1 07C552C23 Back to Agenda above. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth CITY OF PORT ORCHARD, WASHINGTON DocuSigned by: 96bt f P4M,Suu. By: F6sE8es6eeE74E-F-. Robert Putaansuu, Mayor ATTEST/AUTHENTICATE: By: FDocuSigned by: 1JAUAtt Brandy Rinearson, MMC City Clerk APPROVED AS TO FORM: By: Charlotte A. Archer, City Attorney CONSULTANT Name: Erika Schuyler, PE, PMP Title: Regional Manager City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\1NetCache\Content 0ut1ook\2KXQ83CC\2022-0n Call -Water CA 12 14 21 docx 10ofII Page 112 of 404 Rev 12.14.2021 DocuSign Envelope ID: 9BDD88FD-1 28D-4BDE-AOD8-OF1 07C552C23 Back to Agenda During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; ■ The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); ■ Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); ■ Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; ■ Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\lNetCache\Content. Out] ook\2KXQ83CC\2022-On Call -Water CA 12.14.21,docx 11 of 11 Page 113 of 404 DocuSign Envelope ID: 9BDD88FD-1 28D-4BDE-AOD8-OF1 07C552C23 Back to Agenda EXHIBIT A Exhibit A Scope of Work City of Port Orchard Water Supply Facilities Professional Engineering Services On -Call Statement of Understanding This Contract for on -call Professional Engineering Services is to supplement the capabilities of City of Port Orchard staff by providing engineering services related to the City's water supply facilities. Specific work under this Contract will be performed by Murraysmith, Inc on an individual task order basis. A specific scope, budget, and schedule will be provided for each requested task order. The Consultant is expected to respond promptly to task order requests. The Schedule of Charges and Non -Labor Charges is included as Exhibit B. BUDGET The total Project Budget is $80,000. The budget for each task order shall not be exceeded without advance written approval of the City. PROJECT SCHEDULE To be determined on a task order basis. Page 114 of 404 DocuSign Envelope ID: 9BDD88FD-1 28D-4BDE-AOD8-OF1 07C552C23 Back to Agenda EXHIBIT B murraysmi h 2022 SCHEDULE OF CHARGES Personnel: Labor will be invoiced by staff classification at the following hourly rates, which are valid from January 1, 2022 through December 31, 2022. After this period, the rates are subject to adjustment. Willing Classifications 2022 Rates Billing Classifications 2022 Rates Principal Engineer VI $294 Cost Estimator III $273 Principal Engineer V $284 Cost Estimator II $221 Principal Engineer IV $273 Cost Estimator 1 $168 Principal Engineer III $263 Construction Manager VIII $250 Principal Engineer II $252 Construction Manager VI $241 Principal Engineer 1 $242 Construction Manager VI $224 Professional Engineer IX $233 Construction Manager V $207 Engineering Designer IX $225 Construction Manager IV $196 Professional Engineer VIII $221 Construction Manager III $179 Engineering Designer VIII $215 Construction Manager II $165 Professional Engineer VII $211 Construction Manager 1 $140 Engineering Designer VII $204 Inspector VI $207 Professional Engineer VI $201 Inspector VI $190 Engineering Designer VI $194 Inspector V $172 Professional Engineer V $190 Inspector IV $160 Engineering Designer V $184 Inspector III $142 Professional Engineer IV $180 Inspector II $129 Engineering Designer IV $176 Inspector I $110 Professional Engineer 111 $173 Technician IV $173 Engineering Designer III $173 Technician III $158 Engineering Designer II $163 Technician 11 $137 Engineering Designer I $152 Technician 1 $121 Principal III $299 Project Coordinator IV $168 Principal II $280 Project Coordinator III $152 Principal 1 $255 Project Coordinator II $137 Project Manager III $230 Project Coordinator 1 $126 Project Manager II $205 Administrative III $126 Project Manager I $180 Administrative II $116 Administrative 1 $104 Project Expenses: Expenses incurred that are directly attributable to the project will be invoiced at actual cost. These expenses include the following: CADD Hardware/Software $18.00/hour Modeling and GIS Hardware/Software $10.00/hour Mileage Current IRS Rate Postage and Delivery Services At Cost Printing and Reproduction At Cost Travel, Lodging, and Subsistence At Cost Outside Services: Outside technical, professional, and other services will be invoiced at actual cost-plus 10 percent to cover administration and overhead. 2022 Puget Sound/CA MURRAYSMITH Confidential Page 115 of 404 Back to Agenda r City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Resort Agenda Item No.: Consent Agenda 4K Meeting Date: December 13, 2022 Subject: Approval of Amendment No. 1 to Prepared by: Tony Lang Contract No. 003-22 with CONSOR Public Works Director North America, Inc. for 2022 On -Call Atty Routing No.: 366922-0009 - PW Modeling Update Services for the Atty Review Date: December 6, 2022 City's Sewer System Summary: Due to the limitations of in-house staff, the City utilizes the services of a qualified engineering firm to perform on-call/modeling services for the City's Sewer System, and associated projects, and solicits qualified firms through a Qualifications -Based Selection (QBS) process consistent with Chapter 39.80 RCW on a regular basis to ensure a competitive rate for these services. Following a full QBS procurement process on January 11, 2022, the Port Orchard City Council approved Contract No. C003-22 with selected, qualified consultant Murraysmith, Inc. for 2022 On-Call/Modeling Update Services for the City's Sewer System. This Contract's termination date is December 31, 2022. Since the contract was executed, Murraysmith, Inc. partnered with CONSOR Engineers and is now known as CONSOR North America, Inc.; staffing remains the same. Due to continuing tasks needing this expertise, the City would like to extend the consultant's agreement to retain their services through December 31, 2024, and amend the agreement to reflect the name change. The 2023-2024 Biennial Budget provides funding of $75,000 per year to pay for these services. This proposed Amendment would extend the duration of the contract to December 31, 2024, reflect the name change, and increase Contract C003-22 from $80,000 to $230,000. Recommendation: Staff recommends that the City Council authorize the Mayor to execute Amendment No. 1 to Contract No. C003-22 with CONSOR North America, Inc. to extend the duration of the contract to December 31, 2024, and increase the contract amount for the extension period. Relationship to Comprehensive Plan: Chapter 7 - Utilities Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 1 to Contract No. C003-22 with CONSOR North America, Inc. for On-Call/Modeling Update Services for the City's Sewer Systems. Fiscal Impact: Sewer On -Call Services are a task within the 2023-2024 Biennial Budget. (GL Code 431.05.535.10.40) Alternatives: Do not authorize and provide alternative guidance. Attachments: Authorization for Amendment No. 2 Amendment No. 2 Copy of Contract C003-22 Page 116 of 404 Back to Agenda CITY OF PORT ORCHARD Authorization for Amendment No. 1 Date: December 13, 2022 Contractor: CONSOR North America, Inc Project: 2022 On-Call/Modeling Update 600 University Street, Suite 300, Services for the City's Sewer Seattle, WA 98101 Contract / Job # System C003-22 THIS AMENDMENT AUTHORIZES THE FOLLOWING CHANGES TO THE AGREEMENT: 1. A company name change from Murraysmith, Inc. to CONSOR North America, Inc. 2. A time extension - extending the Agreement termination date to December 31, 2024. 3. A Contract increase of $150,000 ($75,000 annually for 2023 and 2024) for a "Time and Materials Not to Exceed" total of $230,000. In all other respects the Underlying agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. The extension is for continued On-Call/Modeling Update services for 2023 and 2024. Contract History Amount Sales Tax Total Date Appvd b Original Contract $80,000.00 $0.00 $80,000.00 01-Jan-22 Council Amendment 1 $150,000.00 $0.00 $150,000.00 13-Dec-22 Council Total Contract $230,000.00 $0.00 $230,000.00 I have reviewed the Amendment information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Consultant Approval Signature Printed Name & Title (�'� Public Works Director Tony Lang Printed Name Approved: Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract amount established by City Council can be approved by the Public Works Director. Attest: Change Orders that do not exceed 10%, with a maximum of $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. Mayor City Clerk Council Approval Date Page 117 of 404 Back to Agenda AMENDMENT NO. 1 TO CONTRACT NO. C003-22 CITY OF PORT ORCHARD AGREEMENT WITH Consor North America, Inc THIS AMENDMENT No. 1 ("Amendment") to Contract No. C003-22 is made effective as of the 13 t h day of December 2022, by and between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and CONSOR North America, Inc., an Oregon corporation ("Consultant"). City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, on the 1" day of January 2022, the City executed an Agreement for 2022 On- Call/Modeling Update Services for the City's Sewer System, Contract No. C003-22 with the Consultant ("Underlying Agreement"); and WHEREAS, effective the 3rd day of October 2022, the "Consultant" changed its entity name from Murraysmith, Inc to CONSOR North America, Inc; and WHEREAS, Section 2 of the Underlying Agreement provides the City the right to offer contract extensions prior to the contract's expiration to retain the Consultant's services; and WHEREAS, the Consultant and the City have conferred and agreed to extend the duration of the agreement to December 31, 2024, and to increase the amount of the contract by $150,000 in anticipation of additional work for 2023 and 2024; and WHEREAS, the parties wish to memorialize their agreement and so extend the Underlying Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: FIRST AMENDMENT TO AGREEMENT: 1. Amendment. The Consultant entity name is changed from Murraysmith, Inc to CONSOR North America, Inc. 2. Amendment. Section 2. Duration of Work, of the Agreement, is hereby amended to read as follows: The Consultant shall not begin any work under this Agreement until the City has issued a Notice to Proceed. This Agreement shall expire on December 31, 2024, unless extended by an amendment executed by the duly authorized representatives of the parties. 3. Amendment. Section 3A. Payment, of the Agreement, is hereby amended to read as follows: Compensation under this Agreement will be on a "time and materials not to exceed" basis, based on the fees included for each approved task assignment, provided total compensation for these services shall not exceed $230,000 (inclusive of all compensation paid after execution of this Agreement but prior to this Amendment), Amendment No.2 to Agreement between City of Port Orchard and CONSOR North America, Inc Contract No.0003-22 Page 1 updated 4/2022 IBDR Page 118 of 404 Back to Agenda without written authorization, and will be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit B, attached to the Underlying Agreement, and incorporated herein by this reference. 4. Severability. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, 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. S. Entire Agreement. The written provisions and terms of this 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 Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as modified by this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. 6. Effective date. This Amendment shall be effective as of December 13, 2022. DATED this 13th day of December 2022. CITY OF PORT ORCHARD, WASHINGTON CONSULTANT Robert Putaansuu, Mayor Signature ATTEST/AUTHENTICATED: Printed Name and Title Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Amendment No.2 to Agreement between City of Port Orchard and CONSOR North America, Inc Contract No.0003-22 Page 2 updated 4/2022 IBDR Page 119 of 404 DocuSign Envelope ID: 373B109E-F8C1-4AD7-BD19-31FD4629COB9 Back to Agenda CITY OF PORT ORCHARD (SEWER ON CALL) PROFESSIONAL SERVICES AGREEMENT THIS Agreement ("Agreement") is made effective as of the 1st day of Januga 2022, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Murraysmith, Inc, a corporation, organized under the laws of the State of Oregon, doing business at: Murraysmith, Inc. 600 University Street, Suite 300 Seattle, WA 98101 Contact: Peter Cunningham, PE (hereinafter the "CONSULTANT") Phone: 206.462.7030 For 2022 On-Call/Modeling Update Services for the City's Sewer System TERMS AND CONDITIONS 1. Services by Consultant A. The Consultant shall perform the sewer on -call professional services, on a project basis, as described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work and any task order issued by the City consistent therewith, without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to be the parties and incorporated in written amendments to the Agreement. C. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. Consultant shall perform the services in accordance with the direction and scheduling provided by the City. If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. D. The Consultant shall not subcontract with subconsultants for the performance of any work under this Agreement without prior written permission of the City. 2. Duration of Work The Consultant shall not begin any work under this Agreement until the City has issued a Notice to Proceed. This Agreement shall expire on December 31, 2022, unless extended by an amendment City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 UA9_Sewer Utility\A_Managemenl\ConsultantAgreements\OnCall & Concur ency Contracts\On-Ca1112022\ContractUO22-On Call -Sewer CA 12 14.21, docx 1 of 11 Page 120 of 404 DocuSign Envelope ID: 373B109E-F8C1-4AD7-BD19-31FD4629COB9 Back to Agenda executed by the duly authorized representatives of the parties. The City reserves the right to offer two, one- year extensions prior to contract expiration to retain the selected company's services. 3. Payment A. Compensation under this Agreement will be on a "time and materials, not to exceed" basis, based on the fees included for each approved task assignment, provided total compensation for these services shall not exceed Eighty Thousand Dollars ($80,000.00) without written authorization, and will be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit B, attached hereto and incorporated herein by this reference. B. The Consultant shall be paid by the City for completed services rendered. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies equipment and incidentals necessary to complete the work. The Consultant shall bill the City on a monthly basis showing each task as a separate item with the "not to exceed" amount, any prior billings, the current billing, and the balance remaining by task. C. The amount paid by the City for each invoice shall not exceed the amount in Section 3A above and the hourly billing rates set forth in Exhibit B, except where there are conflicts with the City's Policy on Travel Expenses. The City's Policy on Travel Expenses shall supersede. The City shall pay the full amount of an invoice within sixty (60) days of receipt. 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. D. The Consultant will not undertake any work or otherwise financially obligate the City in excess of said not -to -exceed amount in Section 4 without a duly authorized amendment to this Agreement. In the event services are required beyond those specified in Section 1 and not included in the compensation listed in this Agreement, a written contract amendment shall be negotiated and approved by the City before any effort is expended on such services. E. 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. F. At all times the Consultant shall comply with all federal, state and local laws and regulations applicable to independent contractors, including, but not limited to, all applicable public health requirements in response to COVID-19, 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. G. If the services rendered do not meet the requirements of this Agreement, the Consultant will correct or modify the work to comply with this Agreement. The City may withhold payment for such work until the work meets the requirements of this Agreement. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer Ulility\A_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022.On Call -Sewer CA 12 14 21 docx 2of11 Page 121 of 404 DocuSign Envelope ID: 373B109E-F8C1-4AD7-BD19-31FD4629COB9 Back to Agenda 4. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and 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. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 5. Relationship of Parties The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub - consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub - consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results_ obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub - consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 6. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. 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. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U A9_Sewer Utility\A_Managemenl\ConsultanlAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12 1421.d0cx 3of11 Page 122 of 404 DocuSign Envelope ID: 373B109E-F8C1-4AD7-BD19-31FD4629COB9 Back to Agenda C. Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. Termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Upon receipt of the notice of termination, the Consultant will promptly discontinue all services under this Agreement. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may.also be delivered to the Consultant at the address set forth in Section 15 herein. 7. 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. 8. Ownership of Work Product A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer UtilityW_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12 14 21 docx 4ofII Page 123 of 404 DocuSign Envelope ID: 373B109E-F8C1-4AD7-BD19-31FD4629COB9 Back to Agenda B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 9. Work Performed at the Consultant's Risk The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at 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. 10. Indemnification The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 11. Insurance The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Before beginning work on the project described in this Agreement, the Consultant shall provide evidence, in the form of a Certificate of Insurance, of the following insurance coverage and limits (at a minimum): A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer Utility\A_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12 14.21.doc 5of11 Page 124 of 404 DocuSign Envelope ID: 373B109E-F8C14AD7-BD19-31FD4629COB9 Back to Agenda or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $5,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer Utility\_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12 14 21 docx 6ofII Page 125 of 404 DocuSign Envelope ID: 373B109E-F8C1-4AD7-BD19-31FD4629COB9 Back to Agenda 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 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. 12. Assigning or Subcontracting The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 13. Notice Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 Adam Schuyler, PE, PMP Murraysmith, Inc 600 University Street, Suite 300 Seattle, WA 98101 - Phone: 206.462.7030 14. Resolution of Disputes and Governing Law A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer Utility\A_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12 14 21 docx 7of11 Page 126 of 404 DocuSign Envelope ID: 373B109E-F8C1-4AD7-BD19-31FD4629COB9 Back to Agenda 15. General Provisions A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or 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 and Appendices 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 and Appendices 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 or Appendices to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. E. Certification regarding debarment and suspension. By signing this Agreement the Consultant certifies to the best of its knowledge and belief, that it and its principals: (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (2) have not within a three-year period preceding the effective date of this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated herein of; and (4) have not within a three-year period preceding the effective date of this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. lb. 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. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer Utility\A_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12 14 21 docx 8of11 Page 127 of 404 DocuSign Envelope ID: 373B109E-F8C1-4AD7-BD19-31FD4629COB9 Back to Agenda Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 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. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer UtilityW_Management\ConsultantAgreements\On Call & Concurrency Contracts\On-Call\2022\Conlract\2022-On Call -Sewer CA 12 14 21 docx 9of11 Page 128 of 404 DocuSign Envelope ID: 373B109E-F8C1-4AD7-BD19-31FD4629COB9 Back to Agenda above. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth CITY OF PORT ORCHARD, WASHINGTON DocuSigned by: bt *f PIM MA SWd L By: F� Ro eft'Ph $°affkuu, Mayor ATTEST/AUTHENTICATE: DocuSigned by: j�jVcUn By: , 00aaAG(, rariy°'1arson, MMC City Clerk APPROVED AS TO FORM: Y: Charlotte A. Archer, City Attorney CONSULTANT Name: Erika Schuyler, PE, PMP Title: Regional Manager City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\4_Sewer Utility\A_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Cail\2022\Contract\2022-On Call -Sewer CA 12. 14. 21 docx 10ofII Page 129 of 404 DocuSign Envelope ID: 373B109E-F8C14AD7-BD19-31FD4629COB9 Back to Agenda During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer Utility\A_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12 14 21 docx 11 of 11 Page 130 of 404 DocuSign Envelope ID: 373B109E-F8C14AD7-BD19-31FD4629COB9 Back to Agenda EXHIBIT A Exhibit A Scope of Work City of Port Orchard On Call/Modeling Update Services for City's Sanitary Sewer System Statement of Understanding This Contract for on -call Professional Engineering Services is to supplement the capabilities of City of Port Orchard staff by providing engineering services related to the City's Sanitary Sewer System. Specific work under this Contract will be performed by Murraysmith, Inc on an individual task order basis. A specific scope, budget, and schedule will be provided for each requested task order. The Consultant is expected to respond promptly to task order requests. The Schedule of Charges and Non -Labor Charges is included as Exhibit B. BUDGET The total Project Budget is $80,000. The budget for each task order shall not be exceeded without advance written approval of the City. PROJECT SCHEDULE To be determined on a task order basis. Page 131 of 404 DocuSign Envelope ID: 373B109E-F8C1-4AD7-BD19-31FD4629COB9 Back to Agenda EXHIBIT B murrlaysmilh 2022 SCHEDULE Of CHARGES Personnel: Labor will be invoiced by staff classification at the following hourly rates, which are valid from January 1, 2022 through December 31, 2022. After this period, the rates are subject to adjustment. Billing Classifications 2022 Rates Billing Classifications 2022 Rates Principal Engineer VI $294 Cost Estimator III $273 Principal Engineer V $284 Cost Estimator II $221 Principal Engineer IV $273 Cost Estimator 1 $168 Principal Engineer III $263 Construction Manager VIII $250 Principal Engineer II $252 Construction Manager VII $241 Principal Engineer 1 $242 Construction Manager VI $224 Professional Engineer IX $233 Construction Manager V $207 Engineering Designer IX $225 Construction Manager IV $196 Professional Engineer VIII $221 Construction Manager III $179 Engineering Designer VIII $215 Construction Manager 11 $165 Professional EngineerVll $211 Construction Manager 1 $140 Engineering Designer VII $204 Inspector VII $207 Professional Engineer VI $201 Inspector VI $190 Engineering Designer VI $194 Inspector V $172 Professional Engineer V $190 Inspector IV $160 Engineering Designer V $184 Inspector III $142 Professional Engineer IV $180 Inspector 11 $129 Engineering Designer IV $176 Inspector I $110 Professional Engineer III $173 Technician IV $173 Engineering Designer III $173 Technician 111 $158 Engineering Designer II $163 Technician II $137 Engineering Designer 1 $152 Technician 1 $121 Principal 111 $299 Project Coordinator IV $168 Principal II $280 Project Coordinator III $152 Principal 1 $255 Project Coordinator 11 $137 Project Manager 111 $230 Project Coordinator 1 $126 Project Manager II $205 Administrative III $126 Project Manager 1 $180 Administrative 11 $116 Administrative 1 $104 Project Expenses: Expenses incurred that are directly attributable to the project will be invoiced at actual cost. These expenses include the following: CADD Hardware/Software $18.00/hour Modeling and GIS Hardware/Software $10.00/hour Mileage Current IRS Rate Postage and Delivery Services At Cost Printing and Reproduction At Cost Travel, Lodging, and Subsistence At Cost Outside Services: Outside technical, professional, and other services will be invoiced at actual cost-plus 10 percent to cover administration and overhead. 2022 Puget Sound/CA MURRAYSMITH Confidential Page 132 of 404 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4L Meeting Date: December 13, 2022 Subject: Approval to Accept Ballard Marine Construction Prepared by: Matt Brown and Newalen, LLC Services to Acquire for Police Chief Derelict Vessel Removal and Acceptance of Atty Routing No.: N/A Department of Natural Resources Atty Review Date: N/A Reimbursement through the Derelicts Vessel Removal Program Summary: The City council has made it a priority to address derelict vessels in Sinclair Inlet. The Police Department has partnered with the Department of Natural Resources (DNR) to enforce laws pertaining to illegal moorage on seafloor that is managed by DNR. The Port Orchard Police Marine Patrol followed protocol in compliance with state law in order to seize derelict/abandoned vessels and remove three vessels from Sinclair Inlet. One derelict vessel sank and another derelict vessel is beached. These five vessels are awaiting disposal. Per the city's procurement policy, the Police Department submitted State Department of Enterprise Services (DES) Work Requests to a DES contract specialist, who solicited bids from vendors with whom the State of Washington DES has a contract for boat removal services, and then provided the lowest bidder to the Police Department. The bids are as follows: Ballard Marine Construction submitted a proposal to remove and dispose of the sunken vessel near Ross Point named "Stargazer' for $25,780, the beached vessel "Buckeye" near Ross Point for $31,150, and a mastless sailboat currently in police custody for $16,320. Newalen LLC submitted a proposal to remove and dispose of a Tollycraft vessel currently in police custody for $8,450 and a Bayliner currently in police custody for $7,925. Total cost for removal and disposal of all five vessels is $89,625. Attached is a purchase order for the proposed services. Recommendation: Staff recommends approving the Mayor to sign the attached purchase orders and accept the Department of Natural Resources Reimbursement through the Derelicts Vessel Removal Program. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to accept the services of Ballard Marine Services, not to exceed $73,250 plus applicable taxes and Newalen LLC not to exceed $16,375 plus applicable taxes for services related to Page 133 of 404 Back to Agenda Staff Report 4L Page 2 of 2 derelict vessel removal and acceptance of Department of Natural Resources reimbursement through the Derelicts Vessel Removal Program." Fiscal Impact: There is $50,000 Included in the 2023-2024 Biennial Budget for derelict vessel removal. A future budget amendment will be needed to provide additional expenditure authority. The attached contracts are anticipated to be paid for as a reimbursement from the State DNR program up to $90,000 or 100% of the expenses. As such, it is anticipated there will be no impact to ending fund balance. Alternatives: Do not approve and provide alternative guidance. Attachment: Purchase Order Quotes Page 134 of 404 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 Ballard Marine Construction 727 S 27th St. Washougal, WA 98671 Newalen, LLC 3907 SW 282nd St. Newberry, FL 32669 Bill To: Attn: Accounts Payable City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ap@cityofportorchard.us PURCHASE ORDE P.O. No. 076-22 Date: December 13, 2022 Ship To: City of Port Orchard Police Department 546 Bay Street Port Orchard, WA 98366 Ordered By: Authorized Signature: Trey Holden Police Department City Clerk or Authorized Representative Signature Qty Unit Price Total Acquire Services for Derelict Vessel Removal and Acceptance of Department of Natural Resources Reimbursement through the Derelicts Vessel Removal Program Ballard Marine Construction —Stargazer $25,780 $25,780 Ballard Marine Construction —Buckeye $31,150 $31,150 Ballard Marine Construction—Matless sailboat $16,320 $16,320 Newalen LLC— Tollycraft vessel $8,450 $8,450 Newalen LLC— Bayliner $7,925 $7,925 DES Contract No. 01816 "Applicable sales tax will apply" "Please see attached Work Requests for more information IF TOTAL COST IS OVER $7,500.00 ATTACH PROCUREMENT DOCUMENTS THIS ORDER IS A CONFIRMATION Yes THIS ORDER IS NOT A CONFIRMATION ACCOUNT CODE Subtotal $89, 625 Estimated Sales $8,245.50 Tax (9.2%) Page 135 of 404 Estimated Bal Due I $97,870.50 Back to Agenda Work Request No.: 42326 WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES WORK REQUEST - CONTRACT 01816 DERELICT VESSELS AND MARINE SALVAGE) VENDOR FORM Purchaser Work Request KP-22-019 Number: DES Work Request Number 42326 Vendor Name: Newalen LLC Vendor Address: 3907 SW 282 d Street Newberry Florida 32669 Vendor Contact Name: Todd Snyder Vendor Phone No.: 509-941-8200 Vendor Email: Newalen@Live.com Project Manager Name: Todd Snyder Ar Project Manager Phone: 509-941-8200 Vendor's Work Plan: We will mobe to Port Orchard within 7 days of bid acceptance. Vessel shall be moved to closest boat ramp, loaded onto our transport trailer, delivered to our facility in Yakima WA. We shall remove hazardous material, fuel and oil shall be removed and recycled. Vessel sha be transported to Caton Landfill Yakima WA for demolition and. 'sposal. Landfill receipt sha a wi nal billing. Other Information: Quotation: $ 7,92 Vend — provide pricing(fixed price) , do not add sales tax Worker's Rights (Executive XNO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE Order 18-03) ACTION WAIVERS FOR EMPLOYEES. Bidder does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual Bidder must Check one. arbitration clauses or class or collective action waivers. OR The bidders that have no ❑ MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR mandatory individual COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. Bidder requires its arbitration clause will receive a employees, as a condition of employment, to sign or agree 5% reduction of quotation to mandatory individual arbitration clauses or class or amount for evaluation collective action waivers. purposes only!!! 4 Revised 11-7-2016 Page 136 of 404 Back to Agenda worK Kequest No.: 42321 Prompt Payment Discount: I Vendor Fill in _N/a % Days Subcontractors (if applicable): I None 5 Revised 11-7-2016 Page 137 of 404 Back to Agenda Work Request No.: 42326 WORK ORDER STATE OF WASHINGTON This Work Order No. 42326 ("Work Order") pertaining to Master Contract No. 01816 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency ("Enterprise Services") and _Newalen LLC, a Washington State corporation type of company ("Contractor") and is dated and effective as of November 15, 2022. This Work Order is subject to the terms and conditions of Master Contract No. 01816. Both the Purchaser and the Contractor are responsible for ensuring the work performed is within the scope of this Work Order. The Purchaser must monitor proper compliance with the terms of this Work Order. Any changes or Amendments to this Work Order must be in writing and acknowledged by DES. Statement of Work: Remove and dispose of 28-Ft 1988 Bayliner BST Command Bridge Washington Registration Number WN 6960 LF, currently located at The City -Owned Dekalb Street Pier. Site Visit Encouraged for accurate bid — However, this vessel is current posted as "Seized" and "No Trespassing" and monitored by video surveillance and local boaters. Please Call 911 and let them know you are there, what you are doing, and for how long. Cost: $ DES Fill in Note: Contractor must send invoices to the Purchaser Invoice Address specified on page 1 of the Work Request Form. Contractor Purchaser Approval (Authorized Signatory) Newalen LLC ` Cat (Signature) (Date) (Signature)Authorized Representative (Da 1/15/2022 print Name: Phone: Email: W/O Manager (Print): Todd Snyder Work Order Manager Approval Telephone No.: 509-941- Email: *0; (Signature) (Date) Newalen@live.com Print Name: Phone: Email: DES Acknowledgement Signature: Print Name: Phone: Email: Date: Manager Approval: Date: 6 Revised 11-7-2016 Page 138 of 404 Back to Agenda Work Request No.: 42328 WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES WORK REQUEST - CONTRACT 01816 (DERELICT VESSELS AND MARINE SALVAGE) VENDOR FORM Purchaser Work Request KP22-008B Number: DES Work Request Number 42328 Vendor Name: Todd Snyder Vendor Address: 3907 SW 292" Street Newberry Florida 32669 Vendor Contact Name: Todd Snyder Vendor Phone No.: 509-941-8200 Vendor Email: Newalen@live...com Project Manager Name: Todd Snyder Project Manager Phone: 509-941-8200 Vendor's Work Plan: We will mobe to Port Orchardilithin 7 days of bid acceptance. Vessel shall be moved to closest boat ramp, loaded onto our transport trailer, delivered to our facility in Yakima WA. We shall remove hazardous material, fuel and oil shall be removed and recycled. Vessel shall be transported to Caton Landfill Yakima WA for demolition and disposal. Landfill receipt shall be in luded with final billing. Other Information: none Quotation: $ 8,450.00 Vendor — provide pricing(fixed price) , do not add sales tax Worker's Rights (Executive XNO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE Order 18-03) ACTION WAIVERS FOR EMPLOYEES. Bidder does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual Bidder must Check one. arbitration clauses or class or collective action waivers. OR The bidders that have no ❑ MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR mandatory individual COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. Bidder requires its arbitration clause will receive a employees, as a condition of employment, to sign or agree 5% reduction of quotation to mandatory individual arbitration clauses or class or amount for evaluation collective action waivers. purposes only!!! Page 11 of 404 Revised 11-7-2016 Back to Agenda Work Request No.: 42328 Prompt Payment Discount: Vendor Fill in _N/A % Days Subcontractors (if applicable): None Page 14; of 404 Revised 11-7-2016 Back to Agenda Work Request No.: 42328 WORK ORDER STATE OF WASHINGTON This Work Order No. 42328 ("Work Order") pertaining to Master Contract No. 01816 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency ("Enterprise Services") and Newalen LLC, a Washington State corporation type of company ("Contractor") and is dated and effective as of November 16 2022. This Work Order is subject to the terms and conditions of Master Contract No. 01816. Both the Purchaser and the Contractor are responsible for ensuring the work performed is within the scope of this Work Order. The Purchaser must monitor proper compliance with the terms of this Work Order. Any changes or Amendments to this Work Order must be in writing and acknowledged by DES. Statement of Work: Remove and dispose of 30-Ft, unknown year Tollycraft. Partial Washington Registration Number WN 1263 W, currently located at The City -Owned Dekalb Street Pier. Cost: $ DES Fill in Note: Contractor must send invoices to the Purchaser Invoice Address specified on page 1 of the Work Request Form. Contractor Pu�rchas Approval (Authorized Signatory) Newalen LLC atu (Date) (SignzeAuthorized Representative (Date) 11/16/2022 Print Name: Phone: Email: W/O Manager (Print): Todd Snyder Work Order Manager Approval Telephone No.: 509-941-8200 Email: (Signature) (Date) Newalen@live.c Print Name: Phone: Email: DES Acknowledgement Signature: Print Name: Email: Phone: Date: Manager Approval: Date: Page 1t of404 Revised 11-7-2016 Back to Agenda WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES WORK REQUEST - CONTRACT 01816 DERELICT VESSELS AND MARINE SALVAGE) VENDOR FORM Purchaser Work Request KP20-029B Number: DES Work Request Number 42329 Vendor Name: Ballard Marine Construction Vendor Address: 727 S 27t" Street, Washougal, WA 98671 Vendor Contact Name: Daylon Hutton Vendor Phone No.: 360.609.6445 Vendor Email: Daylon.hutton@ballardmc.com Project Manager Name: Mike Szymczak Project Manager Phone: 360.518.5858 Vendor's Work Plan: Ballard Marine will dive on the vessel lighter the fuel tanks first. The diver will then install patches as necessary, followed by the installation of appropriately sized lift bags. The diver will connect the fill lines to the vessel and move away from the vessel, while the salvage master fills the lift bags. The crew will simultaneously run dewatering pumps. Once the vessel is floating and de - watered, Ballard will tow the vessel to Thompson Pile Driving Company for haul out and disposal. Other Information: N/A Quotation: $31,150.00 Worker's Rights (Executive Si4O MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR Order 18-03) COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. Bidder does NOT require its employees, as a condition of employment, to sign Bidder must Check one. or agree to mandatory individual arbitration clauses or class or collective action waivers. The bidders that have no OR mandatory individual ❑ MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR arbitration clause will receive a COLLECTIVEACTION WAIVERS FOR EMPLOYEES. Bidder requires its 5% reduction of quotation employees, as a condition of employment, to sign or agree amount for evaluation to mandatory individual arbitration clauses or class or purposes only!!! collective action waivers. Prompt Payment Discount: Vendor Fill in 0 % 0 Days Subcontractors (if applicable): Thompson Pile Driving Company Revised 11-7-2016 Page 142 of 404 Back to Agenda Work Request No.: 42329 WORK ORDER STATE OF WASHINGTON This Work Order No. 42329 ("Work Order") pertaining to Master Contract No. 01816 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency ("Enterprise Services") and Ballard Marine Construction, LLC, a State type of company ("Contractor") and is dated and effective as of Month Day, 2022. This Work Order is subject to the terms and conditions of Master Contract No. 01816. Both the Purchaser and the Contractor are responsible for ensuring the work performed is within the scope of this Work Order. The Purchaser must monitor proper compliance with the terms of this Work Order. Any changes or Amendments to this Work Order must be in writing and acknowledged by DES. Statement of Work: Remove and dispose of 50-Ft, unknown year wooden vessel named "Buckeye". Washington Registration Number 419865. Currently on its side, beached in the area of the 900 Block of Bay Street. Cost: $ DES Fill in Note: Contractor must send invoices to the Purchaser Invoice Address specified on page 1 of the Work Request Form. Contractor Purchaser Approval (Authorized Signatory) Ballard Marine Construction 4r WReppr4esentive11/17/2022 (Signature) (Date) (Si Authorized Print Name: Phone: Email: W/O Manager (Print): Jon Hardt Work Order Manager Approval Telephone No.: 360-518-6550 Email: (Signature) (Date) Jon.hardt@ballardmc.com Print Name: Phone: Email: DES Acknowledgement Signature: Print Name: Phone: Email: Date: Manager Approval: Date: 2 Revised 11-7-2016 Page 143 of 404 Back to Agenda WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES WORK REQUEST - CONTRACT 01816 DERELICT VESSELS AND MARINE SALVAGE) VENDOR FORM Purchaser Work Request KP-19-012B Number: DES Work Request Number 42327 Vendor Name: Ballard Marine Construction Vendor Address: 727 S 27t" Street, Washougal, WA 98671 Vendor Contact Name: Daylon Hutton Vendor Phone No.: 360.609.6445 Vendor Email: Daylon.hutton@ballardmc.com Project Manager Name: Mike Szymczak Project Manager Phone: 360.518.5858 Vendor's Work Plan: Ballard will tow the vessel to Thompson Pile Driving Company for haul out, storage, and disposal. Other Information: N/A Quotation: $16,320.00 Worker's Rights (Executive q/RIO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR Order 18-03) COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. Bidder does NOT require its employees, as a condition of employment, to sign Bidder must Check one. or agree to mandatory individual arbitration clauses or class or collective action waivers. The bidders that have no OR mandatory individual ❑ MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR arbitration clause will receive a COLLECTIVEACTION WAIVERS FOR EMPLOYEES. Bidder requires its 5% reduction of quotation employees, as a condition of employment, to sign or agree amount for evaluation to mandatory individual arbitration clauses or class or purposes only! I! collective action waivers. Prompt Payment Discount: Vendor Fill in 0 % 0 Days Subcontractors (if applicable): Thompson Pile Driving Company Revised 11-7-2016 Page 144 of 404 Back to Agenda Work Request No.: 42327 WORK ORDER STATE OF WASHINGTON This Work Order No. 42327 ("Work Order") pertaining to Master Contract No. 01816 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency ("Enterprise Services") and Ballard Marine Construction, LLC, a State type of company ("Contractor") and is dated and effective as of Month Day, 2022. This Work Order is subject to the terms and conditions of Master Contract No. 01816. Both the Purchaser and the Contractor are responsible for ensuring the work performed is within the scope of this Work Order. The Purchaser must monitor proper compliance with the terms of this Work Order. Any changes or Amendments to this Work Order must be in writing and acknowledged by DES. Statement of Work: Remove and dispose of 40-Ft Unknown Year Make or Model Sailboat with no Mast. Partial Washington Registration Number WN 1459, currently located at The City -Owned Dekalb Street Pier. (Masts in photo are of vessels behind it —There is no mast on this vessel) Cost: $ DES Fill in Note: Contractor must send invoices to the Purchaser Invoice Address specified on page 1 of the Work Request Form. Contractor Purchaser Approval (Authorized signatory) Ballard Marine Construction A &l e (Date) (Signa e) Authorized Repres#tiveve 11/17/2022 Print Name: Phone: Email: W/O Manager (Print): Jon Hardt Telephone No.: 360-518-6550 Work Order Manager Approval Email: (Signature) (Date) Jon.hardt@ballardmc.com Print Name: Phone: Email: DES Acknowledgement Signature: Print Name: Phone: Email: Date: Manager Approval: Date: 2 Revised 11-7-2016 Page 145 of 404 Back to Agenda WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES WORK REQUEST - CONTRACT 01816 DERELICT VESSELS AND MARINE SALVAGE) VENDOR FORM Purchaser Work Request KP20-027 Number: DES Work Request Number 42330 Vendor Name: Ballard Marine Construction Vendor Address: 727 S 27t" Street, Washougal, WA 98671 Vendor Contact Name: Daylon Hutton Vendor Phone No.: 360.609.6445 Vendor Email: Daylon.hutton@ballardmc.com Project Manager Name: Mike Szymczak Project Manager Phone: 360.518.5858 Vendor's Work Plan: Ballard Marine will install patches on the vessel in the dry if necessary, as well as pre -install lift bags and fill them in the dry. The crew will establish a tow line and run it offshore, marking it with a buoy. During a high tide, the crew will make up to the tow line and haul the vessel off of its grounding. Once it has been verified that the vessel is stable, Ballard will tow it to Thompson Pile Driving Company for disposal. Other Information: N/A Quotation: $25,780.00 NO MANDATORY INDIVIDUAL ARBITRATION CLAUSES CLASS Worker's Rights (Executive AND OR Order 18-03) COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. Bidder does NOT require its employees, as a condition of employment, to sign Bidder must Check one. or agree to mandatory individual arbitration clauses or class or collective action waivers. The bidders that have no OR mandatory individual ❑ MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR arbitration clause will receive a COLLECTIVEACTION WAIVERS FOR EMPLOYEES. Bidder requires its 5% reduction of quotation employees, as a condition of employment, to sign or agree amount for evaluation to mandatory individual arbitration clauses or class or purposes only!!! collective action waivers. Prompt Payment Discount: Vendor Fill in 0 % 0 Days Subcontractors (if applicable): Thompson Pile Driving Company Revised 11-7-2016 Page 146 of 404 Back to Agenda Work Request No.: 42330 WORK ORDER STATE OF WASHINGTON This Work Order No. 42330 ("Work Order") pertaining to Master Contract No. 01816 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency ("Enterprise Services") and Ballard Marine Construction, LLC, a State type of company ("Contractor") and is dated and effective as of Month Day, 2022. This Work Order is subject to the terms and conditions of Master Contract No. 01816. Both the Purchaser and the Contractor are responsible for ensuring the work performed is within the scope of this Work Order. The Purchaser must monitor proper compliance with the terms of this Work Order. Any changes or Amendments to this Work Order must be in writing and acknowledged by DES. Statement of Work: Remove and dispose of 28-Ft, unknown year Bayliner named "Stargazer". Located in the tidelands of the 1200 Block of SW Bay Street. (This picture is of the vessel — However, Vessel is NOT beached. Vessel is resting on seafloor and is exposed and submerged as tides fluctuate. Cost: $ DES Fill in Note: Contractor must send invoices to the Purchaser Invoice Address specified on page 1 of the Work Request Form. Contractor Purchaser Approval (Authorized signatory) Ballard Marine Construction e (Date) ( Authorized epres ive 11/17/2022 Print Name: Phone: Email: 7 W/O Manager (Print): Jon Hardt Telephone No.: 360-518-6550 Work Order Manager Approval Email: (Signature) (Date) Jon.hardt@ballardmc.com Print Name: Phone: Email: DES Acknowledgement Signature: Print Name: Phone: Email: Date: Manager Approval: Date: 2 Revised 11-7-2016 Page 147 of 404 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 4M Subject: Approval of a Contract with Washington State Parks and Recreation Commission Subrecipient Grant Agreement for a Federal Financial Assistant Grant Back to Agenda Meeting Date: December 13, 2022 Prepared by: Matt Brown Chief of Police Atty Routing No.: N/A Atty Review Date: N/A Summary: Historically, the City has been an active partner with the Washington State Parks and Recreation Commission as the police department provides marine safety on Sinclair Inlet and other area waterways. The Marine Patrol Unit launches emergency operations for search and rescue, provides community education, and delivers other enforcement services with a team of four marine officers and two vessels. In 2022, the unit responded to vessels/persons in distress, illegal moorage, navigational hazards, and derelict and sinking vessels. The annual agreement captures the obligations of both the police department and the commission in the awarding of funds for recreational boating enforcement and education. The agreement also sets forth the deliverables under the Federal Financial Assistance Grant. The Port Orchard Police Department's Marine Patrol Unit has historically made all the yearly deliverables. The 2022 grant funds of $7,849.32 are anticipated to cover roughly 15% of the Marine Patrol Unit budget. Recommendation: Staff recommends the Council authorize the Mayor to sign the Washington State Parks and Recreation Commission Subrecipient Agreement Federal Financial Assistance Grant. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to authorize the Mayor to sign the Washington State Parks and Recreation Commission Subrecipient Agreement Federal Financial Assistance Grant. Fiscal Impact: Additional revenue to fund the City's successful marine safety program. Alternatives: Not authorize the agreement and provide additional guidance. Attachments: Washington State Parks and Recreation Commission Subrecipient Agreement Federal Financial Assistance Grant. Page 148 of 404 Back to Agenda ilk WASHINGTON STATE PARKS AND RECREATION COMMISSION SUBRECIPIENT GRANT AGREEMENT FEDERAL FINANCIAL ASSISTANCE GRANT Agreement No. MLE 123-415 This Agreement is between the State of Washington, Washington State Parks and Recreation Commission (WSPRC) acting by and through its Marine Law Enforcement Program ("MLE or "Recipient") and Port Orchard Police Department ("Subrecipient"), each a "Party" and, together, the "Parties". SECTION 1: AUTHORITY Per 2 Code of Federal Regulations 200 (2CFR200), WSPRC has determined this to be a "Subrecipient" relationship under 2 CFR 200.330. This subrecipient agreement is authorized by 2 CFR 200 and 50 CFR 80. MLE is authorized to provide grants for recreational boating enforcement and education activities and has sufficient grant funds available within its current biennial budget and has authorized expenditure on the Subrecipient's Project as defined below, and the Subrecipient agrees to comply with 2 CFR 200, MLE rules and other MLE adopted policies and procedures, and this Subrecipient Grant Agreement. SECTION 2: PURPOSE The purpose of this Agreement is to set forth the obligations of both Parties in the awarding of funds for recreational boating enforcement and education and to set forth the deliverables under the Federal Financial Assistance Grant, hereinafter called the "Project." SECTION 3: COURTESY INFORMATION & REMINDER Very important information is located throughout this document. The onus is on the Subrecipient to read the entire document which may include Attachments, Exhibits, or other information incorporated by reference. Experience has shown that the following information seems to have the most interest for the Subrecipient. As such, MLE is providing this nonexclusive list but cautions that other important information does not appear in the Courtesy List. • Term: See Section 5.1— Term • Project Completion: See Section 5.2 — Project Completion • Subrecipient's Authorized Representative: See Section 6.2 — Subrecipient's Authorized Representative. • Project completion date: See Section 7.1.1— Project Timeline • Reimbursement Total: See Section 8.3.c [not titled]. • Grant Funds: See Section 9.2 — Grant Funds. • Accident Report: See Section 12.7 — Accident Report • Information required for Federal Subawards (2 CFR §200.331(A) (1)): See Exhibit B • Subrecipient's Completed FFA Grant Application: See Attachment A. MLE 123-415 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 1 of 35 Page 149 of 404 Back to Agenda SECTION 4: DEFINITIONS 4.1 Attachment: A document provided by the Subrecipient (application, budget plan, etc.) that is also made part of this agreement and incorporated by reference. See also Exhibit. 4.2 MLE: The federally funded Marine Law Enforcement Program administered by Washington State Parks and Recreation Commission (WSPRC). For purposes of this agreement MLE represents the State of Washington. If MLE ceases to exist or is no longer the state program designated to administer this federal program, then references to MLE will be understood to be the State of Washington. 4.3 Equipment. Equipment means tangible personal property having a useful life of more than one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non -Federal entity for financial statement purposes, or $5,000.00 4.4 Exhibit: A document provided by the MLE Program that is also a part of this agreement and incorporated by reference. See also Attachment. 4.5 RBS Officer: Recreational Boating Safety Officer is a fully commissioned law enforcement officer in Washington State and has the authority to enforce the laws of the state of Washington and local ordinances. The RBS Officer must have attended the Washington state Basic Marine Law Enforcement Academy or an equivalent recognized by MLE. 4.6 Boating Safety Inspection: A full inspection for all safety equipment, vessel registration when required and mandatory boater education compliance when required. The results of the inspection shall be documented through Washington states Statewide Electronic Collision and Ticket Online Records (SECTOR). This may be done at the time of the inspection or when SECTOR is available to the RBS Officer. 4.7 Law Enforcement Vessel: A vessel used by a law enforcement agency and shall be equipped with proper markings showing it to be an official law enforcement vessel. 4.8 Recreational Vessel: Defined in federal regulation 50 CFR 85.11 as a vessel owned and operated primarily for pleasure; or a vessel leased, rented, or chartered to another for recreational use. 4.9 Subrecipient: A Non -Federal entity that receives a subaward from a pass -through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program. In this agreement, the subrecipient is the successful applicant with whom Washington MLE awards a Federal Financial Assistance Grant (See 2 CFR 200.93). 4.10 Subrecipient Grant Agreement: Also known as a subaward. Defined in federal regulation as "an award provided by a pass -through entity to a subrecipient for the subrecipient to carry out part of a federal award received by the pass -through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass -through entity considers a contract (See 2 CFR 200.92). 4.11 Small agency: An agency which services a jurisdiction with a population below 30,000 people as determined by the latest U.S. Census. 4.12 Medium agency: An agency which services a jurisdiction with a population of 30,000 or more and below 100,000 people as determined by the latest U.S. Census. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 2 of 35 Page 150 of 404 Back to Agenda 4.13 Large agency: An agency which services a jurisdiction of over 100,000 people as determined by the latest U.S. Census. 4.14 Boating Safety Program approval: means that the county or local jurisdiction has entered into an agreement with state parks to develop and maintain a boating safety program meeting minimum requirements established by state parks. SECTION 5: EFFECTIVE DATE AND DURATION 5.1 Term. This Agreement is effective on the date of the last signature and terminates on September 30, 2023, or the date of final payment issuance, whichever is later, unless terminated earlier in accordance with Section 22 - Termination. See also, Section 12.3 Useful Life. 5.2 Project Completion. Final billing for the Project shall be submitted to MLE on or before October 15, 2023. Unless approved in writing, MLE shall not be obligated to disburse any payments after this date. 5.3 Closeout. (See 2 CFR § 200.343) MLE will closeout this award under this Agreement when it determines that all applicable administrative actions and all required work of this Agreement have been completed by the Subrecipient. SECTION 6: AUTHORIZED REPRESENTATIVES 6.1 WSPRC MLE Program Authorized Representative is: Matthew M. Stowers, Marine Law Enforcement Coordinator Washington State Parks - Boating Program 1111 Israel Road SW Tumwater, WA 98501-6512 matt.stowers@parks.wa.gov Backup: Rob Sendak, Boating Program Manager Washington State Parks - Boating Program 1111 Israel Road SW Tumwater, WA 98501-6512 rob.sendak@parks.wa.gov 6.2 Subrecipient's Authorized Representative is: Chief Matt Brown Port Orchard Police Department 546 Bay Street Port Orchard, WA 98366-5339 m brown @cityofportorcha rd. us (360) 876-1700 6.3 A Party may designate a new Authorized Representative by written notice to the other Party. MLE 123-415 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 3 of 35 Page 151 of 404 Back to Agenda SECTION 7: RESPONSIBILITIES OF EACH PARTY 7.1 Responsibilities of Subrecipient: This project itself is the sole responsibility of Subrecipient. MLE undertakes no responsibilities to Subrecipient, or to any third party, other than as expressly set out in this document. Subrecipient shall be solely responsible for the design, development, implementation, achievement of deliverables and reporting of the project, as those phases are applicable to this project, and solely responsible for any claim or suit of any nature by any third party related in any way to the project. 7.1.1 Project Timeline. The Subrecipient is responsible for maintaining the project timeline for all dates and activities outlined as the Subrecipient's responsibility as identified in the Subrecipient's FFA Grant Application (Attachment "A"). The Subrecipient shall complete the approved project no later than September 30, 2023, as a term of the acceptance of this grant award. The project timeline cannot be extended under the scope of this agreement. MLE staff shall monitor the activities conducted under the scope of this project on a quarterly basis. Work will be considered complete, only when the following conditions are met: • The activities described in the Scope of Work and this grant document have been achieved. • All request for reimbursements have been submitted. • All reporting through the MLE Statement of Activity Reporting system (SOAR) and SECTOR have been completed • Appropriate proof of completion has been provided to MLE If the work is not satisfactorily completed, Subrecipient will be in breach and MLE may, at its discretion, rescind the grant and require repayment of any grant funds already disbursed. 7.1.2 Design Preparation. The Subrecipient shall design a project that will have a reasonably likelihood of positively impacting the reduction of boating accidents, boating injuries, and boating fatalities. Such design shall include applicable items on the Checklist for Plans and Specifications as provided in the Subrecipient's MLE Grant Application (Attachment "A"). 7.1.3 Purchase. The Subrecipient shall make no purchases in excess of $2,500.00 without prior written authorization by MLE. All purchases must be in the furtherance of recreational boating safety and must adhere to the guidelines set out in the in the Allowable Costs and Expenditures for State Vessel Registration Fees and Federal Assistance Grants manual. (Attachment "B"). 7.1.4 Periodic Inspections. Subrecipient hereby grants to the Recipient, or its authorized representative, a right, equal in time to six years from the date of the last signature on this document, to enter upon Subrecipient's property as deemed necessary by the Recipient for inspection documents and any equipment. These periodic inspections are intended to ensure continued compliant use of the awarded funds toward recreational boating safety enforcement and education. materials, products, and workmanship to the original approved plans and specifications. These inspections require a 30-day advance notification to the Subrecipient of such inspection or access. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 4 of 35 Page 152 of 404 Back to Agenda 7.1.5 Commercial and Other Uses. a. For purposes of this Section 7 — Responsibilities of Each Party, Commercial Use means any activity on or affecting the Project that was not described in the Subrecipient's proposal, or not approved in writing by MLE, where the Subrecipient: 1. has financial profit as a goal, 2. charges any fees or receives any benefit to provide services, supplies or goods, or 3. allows third parties to charge any fees or receive any benefit to provide services, supplies or goods. b. Subrecipient must restrict use of the Project funds to only recreational boats boating safety enforcement and education. 7.1.6 Publications & Advertising. The Subrecipient shall include the following statement if publishing any report, news release or publication regarding this project: `Partial funding was through the Washington State Parks and Recreation Commission Marine Law Enforcement Program, and in cooperation with U. S. Recreational Boating Safety Act. " 7.1.7 Project Sign. The Subrecipient may post in a conspicuous location on the vessel, a sign identifying WSPRC, may, Federal Agency's and specific federal grant program's participation in the Project. The Subrecipient shall include the following statement if publishing any report, news release or publication regarding this project: `Partial funding for this project was provided by the Washington State Parks Marine Law Enforcement Program. This program is funded by the U.S. C. G. through the Sport Fish Restoration and Boating Trust Fund, which is financed by your purchase of motorboat fuels and fishing equipment." 7.1.8 Public Access to Project. During the term of this Agreement the Subrecipient shall allow open and unencumbered public access to the Project to all persons without regard to race, color, religious or political beliefs, sex, national origin, or place of primary residence. 7.1.9 Payments. Subrecipient agrees to: a. Make payment promptly as due to all contractors, subcontractors, vendors, or any other persons supplying labor or materials for the Project; b. All employers, including Subrecipient that employ subject workers shall provide workers' compensation insurance coverage for those workers, unless they meet the requirement for exemption. Subrecipient shall require and ensure that each of its subcontractors complies with these requirements (unless inapplicable as a matter of federal law); and c. Not permit any lien or claim to be filed or prosecuted against WSPRC, due to any construction or maintenance activities at the Project. 7.1.10 Alternative Dispute Resolution. The Parties should attempt in good faith to resolve any dispute arising out of this agreement. This may be done at any management level, including at a level higher than persons directly responsible for administration of the agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non- binding arbitration) to resolve the dispute short of litigation. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 5 of 35 Page 153 of 404 Back to Agenda 7.1.11 Indemnification by Subrecipient's Contractors. For purposes of this Section 7.1.11 — Indemnification by Subrecipient's Contractors the term "contractor" means actors downstream of the Subrecipient whether it be a contractor, a subcontractor, or downstream subrecipient of the Subrecipient. The Subrecipient shall take all reasonable steps to cause its contractor(s) to indemnify, defend, save and hold harmless the State of Washington and its officers, employees and agents ("Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including attorneys' fees) arising from a tort caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Subrecipient's contractor or any of the officers, agents, employees or subcontractors of the contractor ("Claims"). It is the specific intention of the Parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the contractor from and against any and all Claims. 7.2 Responsibility of Marine Law Enforcement Program (MLE): 7.2.1 MLE shall pay Subrecipient as described in Sections 8 — Conditions to Disbursement and Section 9 — Reimbursement and Payment Terms. SECTION 8: CONDITIONS TO DISBURSEMENT 8.1 Eligible project expenses include only those items from the list below that are in your approved project budget: 8.1.1 Grant funds may be used only for activities under WAC 352-65-040, the ten elements necessary to accomplish the Recreational Boating Safety (RBS) mission. 8.1.2 RBS salaries to include time, salaries, benefits and wages for officers or deputies who possess a Washington State Peace Officers Certification, are fully commissioned to enforce the laws of Washington state and who have completed an RBS course acceptable to State Parks (BMLE or equal). 8.1.3 Time, salaries, benefits and wages for officers or deputies who possess a Washington State Peace Officers Certification, are fully commissioned to enforce the laws of Washington state, and who have not completed a BMLE course is acceptable ONLY when working with an RBS trained officer AND when the agency has a written "two -officer policy for officers on marine patrol for the purpose of officer safety. 8.1.4 Providing instructors for the Adventures in Boating course that qualifies graduates for the required mandatory boater education card. Cost may include classroom supplies, light refreshments, other goods, and services necessary to promote and teach classes, and officer salaries, benefits, and wages. Officer salaries will only be reimbursed for those officers who have successfully completed State Parks Adventures in Boating Instructor Training Class and are listed on our files. 8.1.5 RBS training as outlined in the Allowable Costs and Expenditures for State Vessel Registration Fees and Federal Assistance Grants (Attachment "C") 8.1.6 RBS Equipment as outlined in the Allowable Costs and Expenditures for State Vessel Registration Fees and Federal Assistance Grants (Attachment "C"). Any equipment expenditures over two thousand two hundred and fifty dollars ($2,250.00) must receive authorization from state parks prior to purchase. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 6 of 35 Page 154 of 404 Back to Agenda 8.1.7 Educational publications which promote RBS education that are already prepared or the creation, design, and printing of publications 8.1.8 Promotion of Adventures in Boating classes, including presentation materials, light refreshments, and room rental for classes. 8.1.9 Other items as deemed by MLE to be necessary to complete the project 8.1.10 Support of the Basic Marine Law Enforcement Academy by agencies who provided MLE recognized instructors 8.2 Non -Allowable Costs and Expenditures. 8.2.1 Bullet proof vests are beneficial; however, equipment of this nature is not essential for meeting the established criteria in WAC 352-65-040 nor is it related to the performance of the RBS program mission and is considered a local agency responsibility to purchase. 8.2.2 Equipment used in recover operations (dive equipment, etc.) while being used in an RBS search or investigation mode are 100% eligible. Once this equipment is used for recovery operations it must be prorated between RBS missions and recovery missions. 8.2.3 Handheld or portable night vision, FUR or thermal imaging devices are a 100% allowable expense while in RBS patrol, search, or investigation mode. Once this equipment is used for recovery operations it must be prorated. Permanently mounted and electrically wired FUR and thermal imaging devices are 100% allowable expenses. 8.2.4 Homeland Security missions (weapons, etc.), or any other equipment determined as unrelated by the boating program is not an allowable expense. 8.2.5 Firefighting equipment is not an allowable expense. 8.2.6 Any equipment or vehicles not 100% dedicated to the RBS mission must be prorated, documenting the amount of time the equipment or vehicle was dedicated to the program. 8.2.7 Operating costs for law enforcement vessels boats (staff, fuel, fluids, repairs, maintenance) or operating costs for boats used to service floating restrooms (staff, fuel, fluids) 8.2.8 Documented staff or contract labor associated with routine custodial and non -routine maintenance and repairs, the cost of that person operating or maintaining the system. 8.2.9 Other items as deemed by MLE to be necessary to complete the project 8.3 Conditions Precedent to Any Reimbursement. MLE shall not be obligated to disburse any of the grant funds to reimburse the Subrecipient for Project costs hereunder unless MLE has received from the Subrecipient: a. Prior to Project plans, specifications, and cost estimate(s), statement of work, request for proposal or other documentation for the Project, documents must be in form and substance satisfactory to MLE. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 7 of 35 Page 155 of 404 Back to Agenda b. Reimbursement Requests must be submitted on the approved MILE Grant Reimbursement form along with all supporting documentation. Reimbursements shall be prorated between the Parties based on the percentage of their respective cash or in -kind contributions as set forth in Section 7 — Responsibilities of Each Party and Section 9 — Reimbursement and Payment Terms. Supporting documents must: • Be numbered in the upper right corner and correspond to the "Document #" column on your Reimbursement Request Form • Be dated. The date of the invoice must be within the period of performance of this award • Have Subrecipient's business name clearly identified • Clearly identify the cost and the amount paid & show zero -balance due If a receipt, invoice, or statement includes expenses not related to the MILE project, those costs must be highlighted and noted as "ineligible costs". c. MLE will reimburse Subrecipient for eligible activities only after MLE has accepted the work as complete -expenditure as an allowable cost and all proper documents have been submitted with the reimbursement request. Reimbursement requests must be submitted on a quarter basis and during the quarter that the expenditure has taken place. Reimbursement from MLE shall not exceed fifty percent (50%) of the total project cost from eligible grant expenses. Total reimbursement under this grant agreement shall not exceed the award amount of $7,849.32. d. MLE will reimburse Subrecipient up to an additional $5,000.00 who supply a recognized BMLE instructor for 80 hours. For instructor services less than 80 hours, a sum of $500.00 per day will be awarded. The additional award is available for use commencing on June 1, 2023. e. The Subrecipient may not exceed the approved budget which was proposed by the Subrecipient as part of the Subrecipient's Subrecipient Grant Application that was accepted by MLE. The Subrecipient's budget is attached to this agreement (Attachment "B"). If the Subrecipient would like to change the allocations of funds to the original budget, a budget amendment request must be sent in writing via email to MILE in advance of the expense being incurred. f. If a boat, a vehicle, or equipment is used partially for other purposes, costs must be pro -rated for that portion of their use that is for Recreational Boating Safety Act purposes. 8.4 Conditions Precedent to Partial Progress Payment(s). MILE shall not be obligated to make partial progress reimbursement payment(s) hereunder until the appropriate supporting documentation and reimbursement form has been submitted no less than on a quarterly basis of the percentage of Project completion has been received, reviewed, and approved by MILE. In no event shall MILE disburse more than fifty percent (50%) of the amount indicated in Section 9.2 — Grant Funds as progress payments. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 8 of 35 Page 156 of 404 Back to Agenda 8.5 Conditions Precedent to Final Payment. MLE shall not be obligated to make final payment hereunder until the following have been completed or supplied: a. Supporting documentation in form and content determined by MLE, has been received reviewed and approved by MLE; and b. Subrecipient provides summary of work achieved pursuant to the SOW as provided with the grant application to MLE with funding the Project; and c. Inspection and approval of the Project by MLE Program staff. SECTION 9: REIMBURSEMENT AND PAYMENT TERMS 9.1 Federal Fund Approval. MLE has received a grant from the United States Department of Homeland Security, United States Coast Guard as described pursuant to 2 CFR 200.331 on Exhibit B. In accordance with 2 CFR 200.330, MLE's determination is that the other party to this contract is a subrecipient and is therefore a subrecipient of federal funds. 9.2 Grant Funds. Upon approval by its governing body or bodies, MLE shall provide federal grant funds in the amount of Seven Thousand, Eight Hundred Forty -Nine and 32/100ths Dollars ($7,849.32) to the Subrecipient to fund the Project. 9.3 Match. The Subrecipient shall contribute at least twenty-five percent (25%) of the total project cost as cost sharing or non-federal match as described in the approved project budget. Such cost sharing or match may be provided as cash costs or in -kind services provided such services are reasonable and necessary for grant purposes. Vessel Registration Fees cannot be used as match. These are non -reimbursable items. Allowability of any cost sharing or match shall be determined in accordance with 50 CFR Part 85; and 2 CFR Part 200 as applicable and as adopted in regulation by 2 CFR 1402.100. The Subrecipient shall maintain records that adequately document the valuation of non- federal match/in-kind services in accordance with 50 CFR Part 85; and 2 CFR Part 200 as applicable and as adopted in regulation by 2 CFR 1402.100. The Subrecipient shall submit a summary of the valuation to MLE. Further instruction on adequate valuation of match expenses can be provided by contacting the Marine Law Enforcement Coordinator or the Program Manager. 9.3.1 Matching Cash Funds. The Subrecipient shall contribute the total sum of One Thousand, Nine Hundred Sixty -Two and 33/100ths Dollars ($1,962.33) in cash or in - kind match. It is understood that match cannot be from another federal source and are non -reimbursable costs. In addition, Vessel Registration Fee funds cannot be used as match; however, in -kind match as reported in the VRF Expenditure Report can. 9.3.2 Matching Non -cash Resources. Non -cash resources, in -kind; match is allowable under the FFA grant. Any expenditure the subrecipient incurs in support of their recreational boating safety program can be used as non -cash match. 9.4 Allowable Costs. All costs charged by the Subrecipient must be eligible, necessary, and reasonable for performing the tasks outlined in the approved project work plan. The costs, including match, must be incurred during the period of performance of the project and MLE 123-415 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 9 of 35 Page 157 of 404 Back to Agenda submitted for reimbursement during the quarter which the costs are incurred. The costs also must be allowable and well documented, in conformance with specific federal requirements (50 CFR Part 85; and 2 CFR Part 200 as applicable and as adopted in regulation by 2 CFR 1402.100. 9.5 Payments. After the Subrecipient awards the contract for the Project, and activities commence, MLE shall, upon receipt of the Subrecipient's request for reimbursement and appropriate documentation all in form and substance satisfactory to MLE, disburse funds to the Subrecipient in accordance with Section 8 - Conditions to Disbursement. Subrecipient may request reimbursements no less than on a quarterly basis and during the quarter for which the expenditures have been incurred for project expenses. Reimbursement shall take place after Subrecipient submits a properly completed Reimbursement Request Form (provided by MLE), along with required supporting documentation. Requests shall only be allowed when requested on the proper forms provided by MLE, reference this agreement number, and accompanied with appropriate supporting documentation. Subrecipient shall be reimbursed for the actual project costs incurred, up to the total reimbursement amount defined above as long as grant funds remain available. Accounting procedures must provide for accurate and timely recording of receipt of funds by source, expenditures made from such funds, and of unexpended balances. Controls must be established which are adequate to ensure that expenditures are for allowable purposes and that documentation is readily available to verify that such charges are accurate. The burden of proof lies with the subrecipient to provide clear information as to the expense and form of payment. 9.6 Cost Overruns. Cost overruns are the responsibility of Subrecipient and must be borne by Subrecipient. 9.7 Overpayment. In the event that the aggregate amount of MLE's interim progress payments to the Subrecipient exceeds the allowable reimbursable costs of the Subrecipient for the Project, the Subrecipient agrees to refund to MLE the amount paid in excess of such allowable expenses within thirty (30) days of September 30, 2023. 9.8 Offset or Reduction. The Subrecipient agrees that payment(s) made by MILE under this Agreement shall be subject to offset or reduction for any amounts previously paid hereunder that are found by MILE not to constitute allowable costs under this Agreement based on the results of an audit examination. If such disallowed amount exceeds the payment(s), the Subrecipient shall pay MLE the amount of such excess within 30 days after written notice of disallowed costs is provided by MLE. 9.8.1 Entertainment Costs. In accordance with 2 CFR 200, the cost of amusement, diversion, social activities, ceremonials, and costs relating thereto, such as meals, lodging, rentals, transportation, gratuities, and alcoholic beverages are not allowable expenses. 9.8.2 Prior Costs. MLE will not reimburse Subrecipient for any costs incurred prior to the effective date of this agreement October 1, 2022. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 10 of 35 Page 158 of 404 Back to Agenda SECTION 10: REPRESENTATIONS AND WARRANTIES Subrecipient represents and warrants to MLE that: 10.1 Subrecipient is a law enforcement agency, duly organized and validly existing. Subrecipient has the power and authority to enter into and perform this Agreement. 10.2 The making and performance by Subrecipient of this Agreement (a) have been duly authorized by Subrecipient, (b) do not and will not violate any provision of any applicable law, rule, regulation, or order of any court, regulatory commission, board, or other administrative agency or any provision of Subrecipient's charter or other organizational document and (c) do not and will not result in the breach of, or constitute a default or require any consent under any other agreement or instrument to which Subrecipient is party or by which Subrecipient may be bound or affected. No authorization, consent, license, approval of, or filing or registration with or notification to any governmental body or regulatory or supervisory authority is required for the execution, delivery, or performance by Subrecipient of this Agreement, other than those that have already been obtained. 10.3 This Agreement has been duly executed and delivered by Subrecipient and constitutes a legal, valid, and binding obligation of Subrecipient enforceable in accordance with its terms. 10.4 Subrecipient has the skill and knowledge possessed by well-informed members of the industry, trade or profession most closely involved in providing the services under this Agreement, and Subrecipient will apply that skill and knowledge with care and diligence to perform its obligations under this Agreement in a professional manner and in accordance with the highest standards prevalent in the related industry, trade, or profession; and 10.5 Subrecipient shall, at all times during the term of this Agreement, be qualified, professionally competent, and duly licensed to perform its obligations under this Agreement. The representations and warranties set forth in this Section 10- Representation and Warranties are in addition to, and not in lieu of, any other representations or warranties provided by Subrecipient. SECTION 11: GOVERNING LAW AND CONSENT TO JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively "Claim") between MLE or any other agency or department of the State of Washington, or both, and Subrecipient that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Superior Court for Thurston County, State of Washington; provided, however, if a Claim MUST be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the Western District of Washington. In no event shall this Section 11— Governing Law and Consent to Jurisdiction be construed as a waiver by the State of Washington of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or from the jurisdiction of any court. SUBRECIPIENT, BY EXECUTION OF THIS AGREEMENT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 11 of 35 Page 159 of 404 Back to Agenda SECTION 12: EQUIPMENT: OWNERSHIP, MAINTENANCE, USEFUL LIFE & DISPOSAL 12.1 Ownership Of Equipment. Except as otherwise provided herein, Subrecipient shall retain ownership of equipment purchased pursuant to the terms of the grant. Subrecipient may not, during the term of the grant, transfer or convey its ownership interest in the equipment. Subrecipient shall not at any time during the term of the grant convert any facility equipment which was acquired pursuant to the grant to a use other than those for which the assistance was originally approved. Equipment purchased with Recreational Boating Safety Act funds shall be used only for the purpose for which it was purchased and no other purpose, whether or not the Subrecipient continues to be supported by Recreational Boating Safety Act grant funds. Observed/reported incidents of unauthorized use of MLE equipment shall be addressed by the following: 1) Any observed/reported incident of unauthorized use of MLE funded vessels will be followed -up by MLE communication with the Subrecipient. MLE may conduct site visits or contact area boaters for supplemental information as necessary. 2) In those instances where the MLE determines that an unauthorized use of a MLE funded vessel has occurred, the MLE will provide written notification to the operator of its determination with a warning that continued misuse or abuse of MLE-funded vessels and equipment may result in: a) the removal of misused equipment from the facility; and/or b) an assessment against the operator for reimbursement of the federal contribution against the current market value of the vessel. 12.2 Title. Title to equipment purchased under this Agreement shall vest in the Subrecipient. If the Subrecipient determines that it cannot use the equipment for the stated grant purposes at any point prior to the end of the equipment's useful life, but after the end of this award period and any extensions thereof, the Subrecipient shall inform MLE in writing within 30 days of such determination. Such equipment shall be transferred by the Subrecipient to a third party approved by MLE for use for grant purposes in accordance with applicable provisions of state and federal law. Should the equipment not be transferred to another state parks RBS approved law enforcement agency in accordance with this provision, the equipment shall either be returned to MLE for use for grant purposes, or it shall be disposed in accordance with 50 CFR Part 85; and 2 CFR Part 200. 12.3 Useful Life. Beyond the acquisition grant period of performance and throughout the duration of the equipment's useful life, the equipment must continue to be used in the program or project forwhich it was acquired, as Recreational Boating Safety Act Program. When no longer needed for the original program or project, equipment may be used in other activities in the following order of priority: a. Activities supported under a Federal award from the Federal awarding agency which funded the original program or project; then b. Activities under Federal awards from other Federal awarding agencies; then c. Any activities consistent with the administration of the Washington State Parks and Recreation Commission. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 12 of 35 Page 160 of 404 Back to Agenda 12.4 Special Survivorship Note: Ownership is not absolute. Regardless of agreement's expiration, anything tangible, intangible, or intellectual property that was purchased or created from federal funds or funded with federal funds maintains federal and state MLE entanglements, requirements, or conditions (conditional ownership) unless/until released by the MLE or federal government in writing. While other conditions may apply, typically a release would occur upon the MLE, or federal government being completely satisfied that the item in question has reached the end of its useful life which is usually a dollar value. Determination of value is solely at the discretion of the MLE or federal government. Should professional appraisal services be needed to determine value, these costs shall be borne by the Subrecipient. Selection of an appraisal services firm is subject to the written approval of the MLE or federal government. 12.5 Use and Maintenance. The Subrecipient shall operate and maintain the equipment, purchased, constructed, installed, renovated, operated, repaired, or maintained with MLE grant funds to function as intended for the full period of their useful life and in a manner that provides adequate service, promotes use, and protects public health. Such conditions include: 12.5.1 Subrecipient shall operate and maintain grant funded equipment in accordance with all applicable Federal, State, and local laws, orders, regulations and permits. 12.5.2 Operation shall include having trained personnel available to facilitate operation of the equipment and a schedule for maintenance. 12.5.3 Law Enforcement vessels shall be operated by trained personnel with a valid State of Washington Boater Education Card or equivalent and be a graduate of state parks Basic Marine Law Enforcement Academy or equivalent. 12.5.4 Law Enforcement vessels shall be equipped with all federally required safety equipment and provide and ensure appropriate personal flotation devices are worn at all times when on the vessel or dock. 12.5.5 All law enforcement vessels shall have a routine schedule for maintenance. 12.5.6 Asa condition of receiving the grant funds, Subrecipient shall actively maintain the vessel for the full design life of the equipment provided from this grant. 12.5.7 Subrecipient shall be responsible for all operation, maintenance, and repair of all vessels and equipment provided from this grant. 12.6 Equipment Replacement. When original or replacement equipment acquired under this award is no longer needed or the Subrecipient is no longer able to support the RBS mission and the disposition occurs during the grant period, disposition of the equipment shall be made as follows: The equipment may be transferred at no cost to another law enforcement agency with a state parks approved marine law enforcement program (e.g., city or county law enforcement agency) if such equipment will remain in use and be dedicated to the MLE program. The conditions for such transfer shall be stipulated by the MLE MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 13 of 35 Page 161 of 404 Back to Agenda and shall include the same requirements as those imposed in the original grant. Any cash or in -kind match paid when the equipment was originally purchased will be forfeited in total. If the equipment cannot be transferred to another law enforcement agency with a state approved marine law enforcement program, it must be sold at the discretion of the MLE, and the Subrecipient shall pay MILE the proceeds of the sale or the fair market value of the equipment, whichever is the greatest. 12.6.1 Equipment Breakdown In the event an equipment breakdown occurs during the grant period, Subrecipient shall notify MLE within ten (10) working days of breakdown. The equipment must be repaired and fully operational within thirty (30) working days after the breakdown where the breakdown can be remedied with normal expected repairs for one thousand dollars ($1,000.00) or less. For repairs greater than one thousand dollars ($1,000.00) the equipment must be fully operational within sixty (60) days after the breakdown. A written report for all breakdowns must be submitted via email to MLE within two (2) weeks of the breakdown describing the problem(s), repair(s), and the cost(s). A failure to notify MLE of an equipment breakdown and plan for repairs may result in the withholding of grant funds. 12.7 Accident Report Subrecipients or Subrecipient's staff involved in an accident must remain at the scene and assist any other vessel or person involved, if possible, without endangering their safety, their own vessel, or the people aboard. SECTION 13: OWNERSHIP OF WORK PRODUCT 13.1 As used in this Section 13 — Ownership of Work Product and elsewhere in this Agreement, the following terms have the meanings set forth below: 13.1.1 Project Ownership. MLE acknowledges and agrees that the Project is the exclusive property of the Subrecipient. MLE is neither responsible nor liable in any manner for the construction, operation, or maintenance of the Project. 13.1.2 Special Survivorship Note: Ownership is not absolute. Regardless of agreement's expiration, anything tangible, intangible, or intellectual property that was purchased or created from federal funds or funded with federal funds maintains federal and state MLE entanglements, requirements, or conditions (conditional ownership), unless/until released by MLE or federal government in writing. While other conditions may apply, typically a release would occur upon the MILE, or federal government being completely satisfied that the item in question has reached the end of its useful life which is usually a dollar value. Determination of value is solely at the discretion of the MLE or federal government. Should professional appraisal services be needed to determine value, these costs shall be borne by the Subrecipient. Selection of an appraisal services firm is subject to the written approval of the MLE or federal government. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 14 of 35 Page 162 of 404 Back to Agenda SECTION 14: NO DUPLICATE PAYMENT The Subrecipient shall not be compensated for, or receive any other form of duplicate, overlapping or multiple payments for the same work performed under this Agreement from any agency of the State of Washington, including, but not limited to the Washington State Parks Recreation Commission, or the United States of America or any other party. SECTION 15: CONTRIBUTION ON THIRD PARTY CLAIMS 15.1 If any third party makes any claim or brings any action, suit or proceeding alleging against a Party (the "Notified Party") with respect to which the other Party (the "Other Party") may have liability, the Notified Party shall promptly notify the Other Party in writing of the Third Party Claim and deliver to the Other Party, along with the written notice, a copy of the claim, process and all legal pleadings with respect to the Third Party Claim that have been received by the Notified Party. Each Party is entitled to participate in the defense of a Third -Party Claim, and to defend a Third -Party Claim with counsel of its own choosing. Receipt by the Other Party of the notice and copies required in this Section 15 — Contribution on Third Party Claims and a meaningful opportunity for the Other Party to participate in the investigation, defense, and settlement of the Third -Party Claim with counsel of its own choosing are conditions precedent to the Other Party's contribution obligation under this Section 13 — Ownership of Work Product with respect to the Third -Party Claim. 15.2 With respect to a Third Party Claim for which MLE is jointly liable with Subrecipient (or would be if joined in the Third Party Claim ), MLE shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Subrecipient in such proportion as is appropriate to reflect the relative fault of MLE on the one hand and of Subrecipient on the other hand in connection with the events that resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of MLE on the one hand and of Subrecipient on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines, or settlement amounts. MLE's contribution amount in any instance is capped to the same extent it would have been capped under Washington law if the State had sole liability in the proceeding. 15.3 With respect to a Third Party Claim for which Subrecipient is jointly liable with MLE (or would be if joined in the Third Party Claim), Subrecipient shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by MLE in such proportion as is appropriate to reflect the relative fault of Subrecipient on the one hand and of MLE on the other hand in connection with the events that resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Subrecipient on the one hand and of MLE on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines, or settlement amounts. Subrecipient's contribution amount in any instance is capped to the same extent it would have been capped under Washington law if it had sole liability in the proceeding. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 15 of 35 Page 163 of 404 Back to Agenda SECTION 16: SUBRECIPIENT DEFAULT Subrecipient will be in default under this Agreement upon the occurrence of any of the following events: 16.1 Subrecipient fails to perform, observe, or discharge any of its covenants, agreements, or obligations under this Agreement; 16.2 Any representation, warranty or statement made by Subrecipient in this Agreement or in any documents or reports relied upon by MLE to measure the delivery of services, the expenditure of funds or the performance by Subrecipient is untrue in any material respect when made; 16.3 Subrecipient (a) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (b) admits in writing its inability, or is generally unable, to pay its debts as they become due, (c) makes a general assignment for the benefit of its creditors, (d) is adjudicated a bankrupt or insolvent, (e) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (f) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding -up, or composition or adjustment of debts, (g) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (h) takes any action for the purpose of effecting any of the foregoing; or 16.4 A proceeding or case is commenced, without the application or consent of Subrecipient, in any court of competent jurisdiction, seeking (a) the liquidation, dissolution or winding -up, or the composition or readjustment of debts of Subrecipient, (b) the appointment of a trustee, receiver, custodian, liquidator, or the like of Subrecipient or of all or any substantial part of its assets, or (c) similar relief in respect to Subrecipient under any law relating to bankruptcy, insolvency, reorganization, winding -up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against Subrecipient is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect). SECTION 17: INDEMNIFICATION Subrecipient shall hold harmless, save harmless, indemnify, and defend at the Subrecipient's expense the State of Washington, Commission, it officers, employees, successors and assigns against any and all damages and/or losses arising out of Subrecipient's use of, or presence or activity in, the facilities, including those arising out of the use or operation of equipment or facilities or as a result of the conduct of Subrecipient's programs, or from the conduct of Subrecipient's employees or agents, or damages or vandalism to facilities by third -parties, contracted or participating in Subrecipient's programs, events or activities. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 16 of 35 Page 164 of 404 Back to Agenda SECTION 18: LIABILITY INSURANCE 18.1 LIABILITY INSURANCE —If required in the special terms and conditions subrecipient shall obtain and keep in force during the term of this Agreement, a combined single limit bodily injury and property damage insurance policy in the minimum amount of $1,000,000.00 naming Washington State Parks Commission as an additional insured against any liability arising out of Subrecipient's or its agents, employees, or assigns. Subrecipient shall provide to Commission, a certificate evidencing such insurance coverage and shall provide 30 days written notice prior to any changes in the amount or cancellation of said policy. Subrecipient shall buy and maintain property insurance covering all real property and fixtures, equipment, and tenant improvements and betterments. Such insurance shall be written on an all-risk's basis and, at a minimum, cover the perils insured under ISO special causes of loss Form CP 10 30, and cover the full replacement cost of the property insured. Such insurance may have commercially reasonable deductibles. Any coinsurance requirement in the policy shall be waived. State shall be included as an insured and a loss payee under the property insurance policy. 18.2 AUTOMOBILE INSURANCE-- Subrecipient shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit not less than $1,000,000.00 per accident. Such insurance shall cover liability arising out of "Any Auto." Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Subrecipient waives all rights against State for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance. 18.3 INDUSTRIAL INSURANCE COVERAGE-- Subrecipient shall provide or purchase industrial insurance coverage for themselves their employees as required by Labor and Industries prior to performing work under this Agreement. Commission will not be responsible for payment of industrial premiums or for any other claim or benefit for Subrecipient, or any subcontractor or employee of Subrecipient, which might arise under the industrial insurance laws during the performance of duties and services under this agreement. Subrecipient, its employees and agents performing under this contract, are not employees of Commission. 18.4 CERTIFICATE OF INSURANCE / NAMING WASHINGTON STATE AS ADDITIONAL INSURED: A current Certificate of Insurance must be submitted with the grant application form. The certificate must name Washington State Parks and Recreation Commission as an additional insured, and the Certificate Holder and contain a provision that the insurance will not be canceled for any reason except after thirty (30) days written notice. Facilities must be insured by carriers licensed in or eligible to do business in Washington, and must maintain applicable Commercial General Liability, Automobile Liability, and Worker's Compensation coverage. Government entities will need to include a letter from their Chief Financial Officer stating if they are self -insured or provide a certificate of insurance as stated below." MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 17 of 35 Page 165 of 404 Back to Agenda SECTION 19: REMEDIES 19.1 In the event Subrecipient is in default under Section 16 — Subrecipient Default MLE may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: (a) termination of this Agreement under Section 22 - Termination, (b) reducing or withholding payment for work or Work Product that Subrecipient has failed to deliver within any scheduled completion dates or has performed inadequately or defectively, (c) requiring Subrecipient to perform, at Subrecipient's expense, additional work necessary to satisfy its performance obligations or meet performance standards under this Agreement, (d) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, or (e) exercise of its right of recovery of overpayments under Section 20 — Recovery of Overpayments (which is in addition to the remedies provided in Section 9.7 - Overpayment), of this Agreement or setoff, or both. These remedies are cumulative to the extent the remedies are not inconsistent, and MLE may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 19.2 In the event MLE terminates this Agreement under Section 22.1 — Termination for Convenience, Section 22.2 Termination for Inefficiency, Section 22.3 — Termination Because of Non -Appropriation or Project Ineligibility, or Section 22.4 — Termination for Default, Subrecipient's sole monetary remedy will be (a) for work compensable at a stated rate, a claim for unpaid invoices for work completed and accepted by MLE, for work completed and accepted by MLE within any limits set forth in this Agreement but not yet invoiced, for authorized expenses incurred, less any claims MLE has against Subrecipient, and (b) for deliverable - based work, a claim for the sum designated for completing the deliverable multiplied by the percentage of work completed on the deliverable and accepted by MLE, for authorized expenses incurred, less previous amounts paid for the deliverable and any claims that MLE has against Subrecipient. In no event will MLE be liable to Subrecipient for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Subrecipient exceed the amount due to Subrecipient underthis Section 19.2, Subrecipient shall promptly pay any excess to MLE. SECTION 20: RECOVERY OF OVERPAYMENTS In addition to the remedies provided in Section 9.7 - Overpayment, if payments to Subrecipient under this Agreement, or any other agreement between MLE and Subrecipient, exceed the amount to which Subrecipient is entitled, MLE will not reimburse any further claims. In addition, MLE will require repayment of any over payments as reflected in Section 9.7 of this agreement. may, after notifying Subrecipient in writing, withhold from payments due Subrecipient under this Agreement, such amounts, over such periods of times, as are necessary to recover the amount of the overpayment. SECTION 21: LIABILITY THE SUBRECIPIENT SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF WHETHER THE LIABILITY CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE. NEITHER PARTY WILL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING SOLELY FROM THE TERMINATION, EXPIRATION, OR SUSPENSION OF THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 18 of 35 Page 166 of 404 Back to Agenda SECTION 22: TERMINATION 22.1 Termination for Convenience. The Subrecipient may terminate this Agreement at any time upon thirty (30) days prior written notice to MLE; provided, however, that the Subrecipient shall, within thirty (30) days of such termination, reimburse MILE for all funds contributed by MILE to the Project; provided further that until the Subrecipient has fully reimbursed MILE for such funds, the Subrecipient shall comply with the terms hereof. Delinquent payments shall bear interest at the rate of 12 percent (12%) per annum, if such rate shall exceed the maximum rate allowed by law, then as such maximum rate, and shall be payable on demand. After ninety (90) days MILE may turn any delinquent debt over for collection. 22.2 Termination Because of Inefficiency. Use of federal funds demands good stewardship. MILE in an ongoing basis will be monitoring the performance of the subrecipient through the subrecipient's reporting into the MILE Statement of Activity Reporting system. If in MLE's opinion, these metrics demonstrate poor stewardship the Agreement will be terminated. If feasible, MLE may work with the Subrecipient and give the Subrecipient an opportunity to improve the metrics to what MLE believes is a healthy metric. 22.3 Termination Because of Non -Appropriation or Project Ineligibility. MLE, as provided in Section 33 - Force Majeure, may modify or terminate this Agreement and at any time upon 30 days prior written notice to the Subrecipient, may modify or terminate this Agreement if: a. MILE fails to receive funding or allotments, appropriations, limitations, or other expenditure authority at levels sufficient to pay for the allowable costs of the Project to be funded hereunder or should any state law, regulation or guideline be modified, changed, or interpreted in such a way that the Project, or any portion of the Project, is no longer eligible for facility grant funds. b. In the event insufficient funds are appropriated for the payments under this Agreement and the Subrecipient has no other lawfully available funds, then the Subrecipient may terminate this Agreement at the end of its current federal fiscal year, with no further liability to MILE. The Subrecipient shall deliver written notice to MLE of such termination no later than 30 days from the determination by the Subrecipient of the event of non -appropriation. MLE shall pay for all authorized Project costs expended up to the date of written notice of termination. 22.4 Termination for Default. MILE, at any time upon 30 days prior written notice of default to the Subrecipient, may modify or terminate this Agreement if: a. The design and implementation, of the Project is not pursued with due diligence; or b. The Project is not permissible under federal, state, or local law; or c. The Subrecipient, does not abide by the nondiscrimination and affirmative action provisions of this Agreement; or d. The Subrecipient, without the prior written approval of MILE uses the funds provided by MLE hereunder to pursue any project other than the Project described in the final project approved by MLE; or e. During the term of this Agreement, the Subrecipient fails to perform any obligation or requirement of this Agreement. f. The Subrecipient defaults under any other agreement between the Parties. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 19 of 35 Page 167 of 404 Back to Agenda 22.5 Rights and Remedies. a. The Subrecipient shall, within 30 days of its receipt of a notice of default, reimburse MLE for all funds contributed by MLE to the Project. Further, MLE shall have any and all rights and remedies available at law or in equity. b. In the event that Subrecipient has materially failed to comply with this Agreement and such non-compliance has resulted in the Federal Funding Agency terminating MLE's grant or cause or requires MLE to return funds to the Federal Funding Agency, Subrecipient will return to MLE an amount equal to the funds which MLE is not reimbursed for or is required to return to Federal Funding Agency. SECTION 23: NONAPPROPRIATION MLE's obligation to pay any amounts and otherwise perform its duties under this Agreement is conditioned upon MLE receiving funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow MLE, in the exercise of its reasonable administrative discretion, to meet its obligations under this Agreement. SECTION 24: AMENDMENTS The terms of this Agreement may not be altered, modified, supplemented, or otherwise amended, except by written agreement of the Parties. This agreement may be amended only by mutual agreement of the parties in writing. Formal written amendment of the contract is required for changing the terms and conditions specifically stated in the original agreement and any prior amendments, including but not limited to: • Budget revisions • Scope of work • Change in due dates • Extensions of the period of performance • Any other revisions determined material by MLE SECTION 25: NOTICE Except as otherwise expressly provided in this Agreement, any notices to be given relating to this Agreement must be given in writing by email, personal delivery, or postage prepaid mail, to a Party's Authorized Representative at the physical address or to such other addresses as either Party may indicate pursuant to this Section 24 -Amendments. Any notice so addressed and mailed becomes effective five (5) days after mailing. Any notice given by personal delivery becomes effective when actually delivered. SECTION 26: SURVIVAL All rights and obligations of the Parties under this Agreement will cease upon termination of this Agreement, other than the rights and obligations arising under Section 11 — Governing Law and Consent to Jurisdiction, Section 13 — Ownership of Work Product, Section 20 — Recovery of Overpayments, Section 21— Limitation of Liability, and Section 26 - Survival hereof and those rights and obligations that by their express terms survive termination of this Agreement; provided, however, that termination of this Agreement will not prejudice any rights or obligations accrued to the Parties under this Agreement prior to termination. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 20 of 35 Page 168 of 404 Back to Agenda SECTION 27: SEVERABILITY The Parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. SECTION 28: COUNTERPARTS This Agreement may be executed in several counterparts, all of which when taken together shall constitute one agreement, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of the Agreement so executed constitutes an original. SECTION 29: COMPLIANCE WITH LAW 29.1 Compliance with Law Generally. Subrecipient shall comply with all federal, state, and local laws, regulations, executive orders, and ordinances applicable to Subrecipient and the Agreement. 29.2 Penalty of Perjury. By its execution of this Agreement, Subrecipient certifies under penalty of perjury under the laws of the state of Washington the truthfulness, completeness, and accuracy of any statement or claim it has made, it makes, it may make, or causes to be made that pertains to this Agreement. 29.3 Tax Compliance. Subrecipient has complied with the tax laws of this state and the applicable tax laws of any political subdivision of this state. Subrecipient shall, throughout the duration of this Agreement and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of this state. For the purposes of this Section 29.3 — Tax Compliance, "tax laws" includes: (i) All tax laws of this state; (ii) Any tax provisions imposed by a political subdivision of this state that applied to Subrecipient, to Subrecipient's property, operations, receipts, or income, or to Subrecipient's performance of or compensation for any work performed by Subrecipient; (iii) Any tax provisions imposed by a political subdivision of this state that applied to Subrecipient, or to goods, services, or property, whether tangible or intangible, provided by Subrecipient; and (iv) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions. Any failure to comply with the provisions of this Section 29 — Compliance with Law constitutes a material breach of this Agreement. Any failure to comply with Subrecipient's certifications shall constitute a material breach of this Agreement. Any failure to comply shall entitle MLE to terminate this Agreement, to pursue and recover any and all damages that arise from the breach and the termination of this Agreement, and to pursue any or all of the remedies available under this Agreement, at law, or in equity, including but not limited to: 29.3.1 Termination of this Agreement, in whole or in part, this is in addition to any remedies available under Section 22 - Termination. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 21 of 35 Page 169 of 404 Back to Agenda 29.3.2 Offsetting against any amount owed to Subrecipient, and withholding of amounts otherwise due and owing to Subrecipient, in an amount equal to State's setoff right, without penalty; and 29.3.3 Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. MLE may recover any and all damages suffered as the result of Subrecipient's breach of this Agreement, including but not limited to direct, indirect, incidental, and consequential damages, costs of cure, and costs incurred in securing replacement Services and applications. The state of Washington may take any and all actions permitted by law relative to the collection of taxes due to the state of Washington or a political subdivision, including (i) garnishing the Subrecipient's compensation under this Agreement or (ii) exercising a right of setoff against Subrecipient's compensation under this Agreement for any amounts that may be due and unpaid to the state of Washington. These remedies are cumulative to the extent the remedies are not inconsistent, and MLE may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever. SECTION 30: INDEPENDENT CONTRACTORS The Parties agree and acknowledge that their relationship is that of independent contracting parties and that Subrecipient is not an officer, employee, or agent of the state of Washington. SECTION 31: PERSONS NOT TO BENEFIT No member of or delegate to Congress, resident commissioner, officer, agent or employee of the United States of America, member of the Washington Legislative Assembly, elected official of the state of Washington, or official, agent, or employee of the state of Washington, or elected member, officer, agent, or employee of any political subdivision, municipality or municipal corporation of the state of Washington shall be admitted to any share or part of this Agreement or derive any financial benefit that may arise therefrom. SECTION 32: INTENDED BENEFICIARIES MLE and Subrecipient are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement provides, is intended to provide, or may be construed to provide any direct or indirect benefit or right to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of this Agreement. SECTION 33: FORCE MAJEURE Neither Party is responsible for any failure to perform or any delay in performance of any obligations under this Agreement caused by fire, civil unrest, labor unrest, natural causes, or war, which is beyond that Party's reasonable control. Each Party shall, however, make all reasonable efforts to remove or eliminate such cause of failure to perform or delay in performance and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Agreement. MLE may terminate this Agreement upon written notice to Subrecipient after reasonably determining that the failure or delay will likely prevent successful performance of this Agreement. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 22 of 35 Page 170 of 404 Back to Agenda SECTION 34: ASSIGNMENT AND SUCCESSORS IN INTEREST Subrecipient may not assign or transfer its interest in this Agreement and any attempt by Subrecipient to assign or transfer its interest in this Agreement will be void and of no force or effect— The provisions of this Agreement will be binding upon and inure to the benefit of the Parties hereto, and their respective successors. Any sub grant entered into under this Agreement shall contain terms and conditions substantially similar to this Agreement, including Federal provisions contained in Exhibit A and the sub grant shall: a. If the contract is not to a unit of Washington State government, the contract shall require the Subrecipient to indemnify, defend, save and hold harmless the state of Washington and its officers, employees, and agents ("indemnitee") from and against any and all claims, actions, liabilities, damages, losses or expenses arising from a tort, caused or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Subrecipient's contractor or any of the officers, agents, employees or subcontractors of the contractor ("claims"). It is the specific intentions of the parties that the Indemnitee shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the contractor from and against any and all Claims. SECTION 35: SUBCONTRACTS & SUB -AWARDS Subrecipient shall not, without MLE's priorwritten consent, enter into any subcontracts orfollow- on sub -recipient sub -awards (work carried out by parties other than the Subrecipient) for any of the work required of Subrecipient under this Agreement. Subrecipient's consent to any contract, subcontract, sub -award will not relieve Subrecipient of any of its duties or obligations under this Agreement. SECTION 36: TIME IS OF THE ESSENCE Time is of the essence in Subrecipient's performance of its obligations under this Agreement. SECTION 37: MERGER AND WAIVER This Agreement and all Exhibits and Attachments, if any, constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver or consent under this Agreement binds either Party unless in writing and signed by both Parties. Such waiver or consent, if made, is effective only in the specific instance and for the specific purpose given. Failure by MLE to insist upon the strict performance of any provision of this agreement shall not affect MLE's right to require strict performance of the same provision in the future or any other provision. Failure by MLE to exercise any right based upon a breach, or acceptance by MLE of performance during such breach, shall not constitute a waiver of any of its rights or remedies with respect to such breach. EACH PARTY, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 23 of 35 Page 171 of 404 Back to Agenda SECTION 38: RECORDS MAINTENANCE AND ACCESS Subrecipient shall maintain all financial records relating to this Agreement in accordance with generally accepted accounting principles. In addition, Subrecipient shall maintain any other records, books, documents, papers, plans, records of shipments and payments and writings of Subrecipient, whether in paper, electronic or other form, that are pertinent to this Agreement in such a manner as to clearly document Subrecipient's performance. All financial records, other records, books, documents, papers, plans, records of shipments and payments and writings of Subrecipient, whether in paper, electronic or other form, that are pertinent to this Agreement, are collectively referred to as "Records." Subrecipient acknowledges and agrees that Washington State Parks and Recreation Commission and the federal government and their duly authorized representatives will have access to all Records to perform examinations and audits and make excerpts and transcripts. Subrecipient shall retain and keep accessible all Records for a minimum of six (6) years, or such longer period as may be required by applicable law, following termination of this Agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to this Agreement, whichever date is later. SECTION 39: HEADINGS The headings and captions to sections or subsections of this Agreement have been inserted for identification and reference purposes only and may not be used to construe the meaning or to interpret this Agreement. SECTION 40: INCORPORATION BY REFERENCES AND ORDER OF PRECEDENCE The table below reflects the documents that are incorporated by reference (whether attached or not) and the order of precedence should there be a conflict between the parts of document or other documents incorporated by reference. The lower the number, the higher the precedence. Where two or more documents address a point or concept but are not in conflict, they should be read as supplemental, additive, and/or cumulative. Precedence Document 1 (highest) United States of America Laws or Rules AND Washington State Laws and Rules 2 Amendments to any of the documents listed below shall control over the earlier version of that same document or earlier amendment to that same document. 3 EXHIBIT A - FEDERAL COMPLIANCE TERMS 4 EXHIBIT B - INFORMATION REQUIRED BY 2 CFR 200.211 b 5 EXHIBIT C — 2 CFR 200, Appendix II - TERMS MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 24 of 35 Page 172 of 404 Back to Agenda 6 ATTACHMENT A - SUBRECIPIENT'S MLE GRANT APPLICATION 7 ATTACHMENT B — ALLOWABLE COSTS & EXPENDITURES FOR STATE VESSEL REGISTRATION FEES AND FEDERAL ASSISTANCE GRANTS 8 ATTACHMENT C — VESSEL REGISTRATION FEE PROGRAM GUIDANCE FOR MARINE LAW ENFORCEMENT PROGRAMS SECTION 41: SIGNATURES This Agreement, which includes incorporated documents, is executed by the persons signing below who warrant under penalty of perjury under the laws of the State of Washington that they have read and understood the document and find it to be legal, valid, and a binding obligation, enforceable according to its terms, and have the authority to execute the contract. Washington State Parks and Recreation City of Port Orchard Commission 546 Bay Street 1111 Israel Road SW Port Orchard, WA 98366-5339 PO Box 42650 Olympia, WA 98504-2650 Sign: Sign: Title: Title: Chief Financial Officer Email: Email: ContractsAndProcurement(Wparks.wa.gov Date: Date: Place: Place: Tumwater, WA MLE 123-415 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 25 of 35 Page 173 of 404 Back to Agenda EXHIBIT A: FEDERAL COMPLIANCE TERMS I. Grant Subrecipient Compliance Requirements: A. Subrecipient is responsible to ensure compliance with the federal implementing regulations for (Clean Vessel Act 50 CFR Part 85 or Boating Infrastructure Grant Program 50 CFR Part 86). B. Subrecipient to comply with Assurances — Construction Programs (Standard Form 424D) C. Pursuant to 2 CFR Part 170, MLE will enter grant information into the Federal Funding Accountability and Transparency Act (FFATA). II. Federal Terms and Conditions: Subrecipient is responsible to comply with the following Federal Terms and Conditions, as applicable: A. Uniform Administrative Requirements, 2 CFR Part 200, Subparts A through D or the equivalent applicable provision adopted by the awarding federal agency in 2 CFR Subtitle B. including but not limited to the following: 1. Property Standards. 2 CFR 200.313, or the equivalent applicable provision adopted by the awarding federal agency in 2 CFR Subtitle B, which generally describes the required maintenance, documentation, and allowed disposition of equipment purchased with federal funds. 2. Contract Provisions. The contract provisions listed in 2 CFR Part 200, Appendix II, or the equivalent applicable provision adopted by the awarding federal agency in 2 CFR Subtitle B, that are hereby incorporated into this Exhibit. These are, to the extent applicable, obligations of Subrecipient, and Subrecipient shall also include these contract provisions in its contracts with non -Federal entities. 3. Audits. Subrecipient shall comply, and require all subcontractors to comply, with applicable audit requirements and responsibilities set forth in this Agreement and applicable state orfederal law. If Subrecipient expends $750,000 or more in federal funds (from all sources) in a fiscal year beginning on or after December 26, 2014, Subrecipient shall have a single organization -wide audit conducted in accordance with the provisions of 2 CFR Subtitle B with guidance at 2 CFR Part 200. Copies of all audits must be submitted to MLE within 30 days of completion. B. Cost Principles 2 CFR Part 200, Subpart E C. Central Service Cost Allocation Plans Appendix V to Part 200 D. Indirect Cost Proposals Appendix VII to Part 200 E. Audit Requirements 2 CFR Part 200, Subpart F MLE 123-415 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 26 of 35 Page 174 of 404 Back to Agenda F. Federal Non-discrimination Statutes. Subrecipient is responsible to comply with all federal statutes relating to non-discrimination, including but not limited to: Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the Education Amendments of 1972 (20 USC §§ 1681-1683; 1685-1686) which prohibits discrimination on the basis of gender; Section 504 of the Rehabilitation Act of 1973 (29 USC § 794) which prohibits discrimination on the basis of handicaps; Age Discrimination Act of 1975 (42 USC §§ 6101-6107) which prohibits discrimination on the basis of age; Drug Abuse Office and Treatment Act of 1972 (PL 92-255) which prohibits discrimination on the basis of drug abuse; the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) regarding non- discrimination on basis of alcohol abuse or alcoholism; Sections 523 and 527 of the Public Health Services Act of 1912 as amended (42 USC §§ 290 dd-3 and 290 ee-3) regarding confidentiality of alcohol and drug abuse patient records; Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.) regarding nondiscrimination in the sale, rental or financing of housing; any other nondiscrimination provisions of the specific statutes under which this agreement is being made; and the requirements of any other nondiscrimination statute(s) which apply to the federal financial assistance award received by MILE. G. Eligible Workers. Subrecipient shall ensure that all employees complete the 1-9 Form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC 1324a). Subrecipient shall comply with regulations regarding certification and retention of the completed forms. H. To the extent applicable to this award, Subrecipient is responsible to comply with 1. National Environmental Policy Act; E.O. 11514 (which requires the Subrecipient to comply with environmental standards which may be prescribed pursuant to institution of environmental quality control measures under the National Environmental Policy Act of 1969 (42 USC Chapter 55, [Pub. L. 91-190]) and Executive Order 11514. 2. E.O. 11990: Protection of Wetlands (which requires the Subrecipient to comply with environmental standards for the protection of wetlands) 3. E.O. 11988: Floodplain Management; E.O. 11988 (which requires the Subrecipient to comply with environmental standards for the evaluation of flood hazards in floodplains) 4. Coastal Zone Management Act (which requires Subrecipient to ensure that the work performed will not violate State management programs developed under the Coastal Zone Management Act of 1972) (16 USC Chapter 33, Sections 1451 et seq.).' 5. Wild and Scenic Rivers Act (which requires the Subrecipient to protect components or potential components of the national wild and scenic rivers system). (16 USC Chapter 28, Sections 1271 et seq.) MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 27 of 35 Page 175 of 404 Back to Agenda 6. Historic Preservation Act, E.O. 11593 (which requires Subrecipient to assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 USC 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 USC Sec. 469a-1 et seq.). 7. Endangered Species Act (which requires the Subrecipient to comply with environmental standards for the protection of endangered species) 16 USC Chapter 35, Sections 1531ff [Pub. L. 93-205]). 8. Marine Mammal Protection Act (which Requires permits and reports for research projects that will involve the taking or importation of protected marine mammals or marine mammal products) (16 U.S.C. Chapter 31, Subchapter I, Sections 1361ff). I. Other Requirements (USFWS specific) 1. Universal Identifier and Central Contractor Registration 2 CFR Part 25 2. Reporting Sub -awards and Executive Compensation 2 CFR Part 170 3. Award Term for Trafficking in Persons (applicable to private entity subrecipients) 2 CFR Part 175 4. Government -wide Debarment and Suspension (Non -procurement) 2 CFR Part 1400 5. Requirements for Drug -Free Workplace (Financial Assistance) 2 CFR Part 1401 6. 43 CFR 18 New Restrictions on Lobbying: Submission of an application also represents the applicant's certification of the statements in 43 CFR Part 18, Appendix A, Certification Regarding Lobbying. 7. 41 U.S.C. 4712 Enhancement of Recipient and Subrecipient Employee Whistleblower Protection: a. This award, related sub -awards, and related contracts over the simplified acquisition threshold and all employees working on this award, related sub - awards and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 USC 4712b. Subrecipient, Subrecipient's contractor, or Subrecipient's sub- recipient(s) (however many levels), and their contractors award contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712. c. The Subrecipient shall insert this clause, including this paragraph (c), in all sub awards and in contracts over the simplified acquisition threshold related to this award. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 28 of 35 Page 176 of 404 Back to Agenda 8. Prohibition on Members of Congress Making Contracts with Federal Government: No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this award, or to any benefit that may arise therefrom; this provision shall not be construed to extend to an award made to a corporation for the public's general benefit 41 USC § 6306. 9. Federal Leadership on Reducing Text Messaging while Driving: Subrecipients are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in Section 3(a) of the Order Executive Order 13513. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 29 of 35 Page 177 of 404 Back to Agenda EXHIBIT B: INFORMATION REQUIRED BY 2 CFR §200.211(b) Federal Award Identification: (i) Subrecipient name (which must match registered name in DUNS): Port Orchard Police Department (ii) Subrecipient's UEI number: #C12QPGL3JE64 (iii) Federal Award Identification Number (FAIN): #3322FAS220153 (iv) Federal Award Date: 10/1/2022 (v) Sub -award Period of Performance Start and End Date: From 10/1/2022 to 9/30/2023 (vi) Total Amount of Federal Funds Obligated by this Agreement: $7,849.32 (vii) Total Amount of Federal Award committed to the Subrecipient by the pass -through entity: $7,849.32 (ix) Federal award project description: Marine Law Enforcement Federal Financial Assistance Grant (ix) Name of Federal awarding agency, pass -through entity, and contact information for awarding official of the Pass -through entity: (a) Name of Federal awarding agency: United States Coast Guard (b) Name of pass -through entity: Washington State Parks and Recreation Commission (c) Contact information for awarding official of the pass -through entity: boatingprogram@parks.wa.gov (x) CFDA Number and Name: Federal Boat Safety Act 92-75 (xi) Is Award R&D? No (xii) Indirect cost rate for the Federal award: NA % `For the purposes of this Attachment, the term "pass -through entity" refers to Washington MLE Grant Program. MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 30 of 35 Page 178 of 404 Back to Agenda EXHIBIT C: 2 CFR 200, APPENDIX II - TERMS Provisions for Non -Federal Entity Contracts Under Federal Awards (current as of 20200717) In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000.00, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000.00 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000.00 awarded by non - Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000.00 that MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 31 of 35 Page 179 of 404 Back to Agenda involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000.00 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000.00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (J) See § 200.322 Procurement of recovered materials. [78 FIR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014 MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 32 of 35 Page 180 of 404 Back to Agenda ATTACHMENT "A": SUBRECIPIENT'S FFA GRANT APPLICATION Adobe Acrobat Document MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 33 of 35 Page 181 of 404 Back to Agenda Washington State Parks & Recreation Commission - Recreational Boating Program Federal Financial Assistance Grant Program Application Application Year: 2023 Agency Name: Port Orchard Police Department PREVENTION PLAN PART 1 - ASSESSMENT, IDENTIFICATION, GOALS High Priority Boating Risks and Hazards High Priority Boating Risks & Data / Professional Judgement Comments Hazards Operators Without A Boater Commonly encountered at Intercepting Uneducated Boater Education Card ramp inspections "Before" they embark is a powerful tool. Lack of required Safety Commonly encountered at Intercepting Uneducated Boater Equipment ramp inspections "Before" they embark is a powerful tool. Vessels Without All required life Commonly encountered at Intercepting Uneducated Boater jackets ramp inspections "Before" they embark is a powerful tool. Currently about 35 vessels that Increased contacts, posting Derelict vessels are a are notices on vessels, working with navigational hazard when they derelict/abandoned/violating DNR to enforce laws and either break free, environmental moorage gain compliance or seize vessels hazard when they sink, any any for destruction. inaction invites more and more of them. Vessels with expired Moored at one of our seven Education and enforcement registration marinas or on DNR land addresses this problem, and leads to addressing other issues that are also likely. High Priority Audiences Description of Audience Why is this Audience a Priority? Comments Hundreds of boaters that have Ensure that boaters are A positive outreach helps build moored vessels in Port properly educated and the Boating Community. Orchard's seven marinas. equipped, before their voyage begins. Vessels owners that move a The need for education This is a regionwide problem, vessel to DNR land and regarding the hazard this poses, with a "Squeeze the sponge" abandoned them there. effect that just moves the Page 182 of 404 Back to Agenda and the cost that will be passed problem from jurisdiction to onto them for any legal action. jurisdiction. Retirement Age Couples Least Physically Capable to A positive outreach helps build Endure On -Water Emergency the Boating Community. Boaters that use the Port Ensure that boaters are This helps to reduce the Orchard boat ramp. properly educated and number of emergencies on the equipped, before their voyage water. begins. "Non -Registered" vessel owners Identified ownsership through This reduces the risk of in marinas a moored on DNR registration, promotes abandoned or derelict vessels Land. responsibility for vessels, and and protects the marine reduces derelict or abandoned environment from neglected vessels that incur financial loss vessels that could sink. to the tax payer, and endanger the environment, and create navigational hazards. PREVENTION PLAN PART 1- TASKS, TACTICS, MEDIA Patrol Plans / Emphasis Patrols / Enforcement Policies Activity Time Frame Patrol Hour Goal Inspection Goal Comments Type "Compli All days and 32.00 Patrol Our waters Patrol mentary times - Plan/Emphasis are primarily Plan/Empha Vessel depending Patrol/Enforcem for "Transit" sis Safety on tides at ent Policy and majority Patrol/Enfor Inspectio boat launch of hours will cement ns" at the be used Policy Boat conducting Ramp Ramp and Inspections Marinas through Media Outreach Advertise ment Patrols to This is a 15.00 Patrol Patrol identify long-term Plan/Emphasis Plan/Empha vessel problem Patrol/Enforcem sis marking/ with no ent Policy Patrol/Enfor character quick cement istics/Hull solution. Bi- Policy ID monthly numbers. patrols Post targeting vessels Page 183 of 404 Back to Agenda with this notices problem. to comply. If necessary , seize vessels for destructi on. Public Chris Craft 16.00 Patrol Patrol Outreach Convention, Plan/Emphasis Plan/Empha /Educatio Performanc Patrol/Enforcem sis n and a Boats ent Policy Patrol/Enfor Complim Rendezvous cement entary , National Policy Vessel Night Out Safety Inspectio ns at Public Events Vessel Patrol 16.00 Patrol Patrol Registrati hours, Plan/Emphasis Plan/Empha on Ramp Patrol/Enforcem sis Complian Inspections, ent Policy Patrol/Enfor ce Random cement and Varied, Policy via Foot Patrol at Marinas and from the water. Ramp June - Safety Inspection We are a Safety Inspectio August small Inspection ns department and we are down to only 4 RBS Officers. However, we will continue to strive for 50 inspections per year. Page 184 of 404 Back to Agenda State Approved Boater Education Classes & Community Events Activity Date Hours Attendance Comments Type Planned Provide 7/4/2023 8.00 Fireworks from Community Boater a barge in Port Events Education Orchard's and Sinclair Inlet Awareness Mateiral at Public Events to include protection against theft, hypothermia, boating safety, equipment requirements, and life jacket information. Boater 7/1/2023 8.00 Fireworks in Community Education Bremerton Events and Awareness 2.00 Contingent on Presentation Adventures in to Schools Boating Instructor Certification 7/20/2023 4.00 Presentation to Groups 8/1/2023 4.00 Presentation to Groups 8/15/2023 4.00 Presentation to Groups Vessel Dealer/Rental Site Visits Dealers Hours Spent Comments Type Targeted Visiting Professional Prevention Partners Name of Partnering Orgs I Hours Planned Coordinating Comments Page 185 of 404 Back to Agenda Media Plan Campaign Owned Media Earned Media Events Comments Posts Posts Operation Dry 4.00 4.00 Water National Safe 4.00 4.00 Boating Week Spring Aboard 4.00 4.00 Paddle Safety 4.00 4.00 Week Other (please describe) INSTRUCTOR INFORMATION SAW ID First Name Last Name Phone Email Development Complete? Brandon Andrew abrandon@portorchardwa.gov Yes PREVENTION GOALS SUMMARY Total Patrol Hour Goal: 79.00 Total Inspections Goal: 50.00 Count of State Approved Boater Education Classes Planned: 0.00 Sum of Hours for State Approved Boater Education Classes: 0.00 Sum of State Approved Boater Education Classes Planned Attendance: 0.00 Count of Community Events: 2.00 Sum of Community Events Hours: 16.00 Count of Presentations to Schools: 1.00 Sum of Presentation to Schools Hours: 2.00 Count of Presentations to Groups: 3.00 Sum of Presentations to Groups Hours: 12.00 Count of Dealer Visits Planned: 0.00 Sum of Dealer Visits Hours: 0.00 Count of Rental Sites Planned: 0.00 Page 186 of 404 Back to Agenda Sum of Rental Site Visits Hours: 0.00 Owned Media Posts: 16.00 Earned Media Posts: 16.00 Count of Partnering Organizations: 0.00 Sum of Partnering Organization Hours: 0.00 Printed On: October 26, 2022 Page 187 of 404 Back to Agenda ATTACHMENT B — ALLOWABLE COSTS & EXPENDITURES FOR STATE VESSEL REGISTRATION FEES & FEDERAL ASSISTANCE GRANTS 2021 Allowable Expenses.pdf MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 34 of 35 Page 188 of 404 Back to Agenda Washington State Parks & Recreation Commission Allowable Costs & Expenditures For State Vessel Registration Fees & Federal Assistance Grants Updated June 2021 'qxq- � I �•-- C„ Page 1 of 9 Page 189 of 404 Back to Agenda Washington State Parks & Recreation Commission Contents VESSEL REGISTRATION FEES & GRANT FUNDING.................................................................... 3 UNITCOST APPROVAL...............................................................................................................................3 COSTPRORATION......................................................................................................................................3 ADMINISTRATIVE COSTS...........................................................................................................................3 ALLOWABLE EXPENDITURES.....................................................................................................................3 RBSSALARIES............................................................................................................................................3 RBS EDUCATION AND INSTRUCTION........................................................................................................4 RBSTRAINING...........................................................................................................................................4 RBSEQUIPMENT: .................................................................................................................. 5 PATROLVESSELS....................................................................................................................................... 5 ASSOCIATED EQUIPMENT FOR PATROL VESSELS......................................................................................6 PATROL VESSEL TRAILERS......................................................................................................................... 7 BOATEQUIPMENT....................................................................................................................................7 NAVIGATION AIDS & BUOYS.....................................................................................................................8 EDUCATION............................................................................................................................................... 8 NON -ALLOWABLE COSTS AND EXPENDITURES.........................................................................................9 Page 2 of 9 Page 190 of 404 Back to Agenda Washington State Parks & Recreation Commission VESSEL REGISTRATION FEES & GRANT FUNDING Any item not listed below must be reviewed and found acceptable by the Washington State Parks Boating Program (Boating Program) before it is considered a valid Recreational Boating Safety (RBS) expenditure. UNIT COST APPROVAL Items with a unit cost of $5,000 or more under the VRF funds and $2500 or more under the FFA grant must have the prior written approval of Washington State Parks and Recreation Commission Marine Law Enforcement (MLE) Coordinator. COST PRORATION If a cost benefits both your RBS program and other work of your agency, the cost should be allocated to the RBS Program based on the proportional benefit to the program. The costs may be allocated using any reasonable documented method. ADMINISTRATIVE COSTS Agencies that receive Vessel Registration Fees (VRF) are not allowed to charge flat administrative costs for the administration of the VRF funds as is often done with federal grants. However, agencies may charge the salaries and benefits costs of actual hours worked by staff associated with the administration of their dedicated VRF account. Agencies that receive federal assistance grants from the Boating Program are allowed to charge indirect (administrative) costs for those funds. If the agency has a federally negotiated indirect cost rate, they are permitted to charge that against the total salaries + benefits charged to the federal assistance grants. They must first provide a copy of their current rate agreement to Parks. If not, then they may charge a de minimums flat rate of 10% or elect not to charge indirect at all (2 CFR 200.414(f)). ALLOWABLE EXPENDITURES Grant funds may be used only for activities under WAC 352-65-040, the ten elements necessary to accomplish the Recreational Boating Safety (RBS) mission. If it is unclear if an expense meets these criteria, contact State Parks at (360) 902-8845 or cheri.peel(a-)parks.wa.gov to discuss the item before proceeding. Allowable expenses include but are not limited to: • RBS SALARIES o Time, salaries, benefits and wages for officers or deputies who possess a Washington State Peace Officers Certification, are fully commissioned to enforce the laws of Washington State and who have completed an RBS course acceptable to State Parks (BMLE or equal). Page 3 of 9 Page 191 of 404 Back to Agenda Washington State Parks & Recreation Commission o Time, salaries, benefits and wages for officers or deputies who possess a Washington State Peace Officers Certification, are fully commissioned to enforce the laws of Washington State, and who have not completed a BMLE course is acceptable ONLY when working with an RBS trained officer AND when the agency has a written `two -officer' policy for officers on marine patrol for the purpose of officer safety. • RBS EDUCATION AND INSTRUCTION Providing instructors for the Adventures in Boating course that qualifies graduates for the required mandatory boater education card. Costs may include classroom supplies, light refreshments, other goods and services necessary to promote and teach classes, and officer salaries, benefits and wages. Officer salaries will only be reimbursed for those officers who have successfully completed a State Parks Adventures in Boating Instructor Training class and are listed on our files. Life jackets (USCG approved only) for the state Adventures in Boating course and other RBS presentations, such as: throw rings or cushions for loaners and the cost to print only the agency's name or RBS safety messages. • RBS TRAINING Grant or VRF funds can be used to pay for full-time and reserve officers who are fully commissioned to enforce the laws of the State of Washington to attend training provided by the Boating Program or courses approved by the Boating Program. Note: Approval from State Parks is mandatory if an officer or deputy is applying for a non -Washington RBS course. Examples of approved courses include: o MLE Instructor Meeting o Basic Marine Law Enforcement/Boat Crew Member or equivalent (BMLE) o Boat Operator Search and Rescue (BOSAR) o Boating Under the Influence — Basic (BUI-Basic) o Boating Under the Influence -Advanced (BUI-Adv) o Personal Watercraft for Law Enforcement (PWCLE) o Enhanced Vessel Operator Course (EVOC) o Fall Marine Law Enforcement Conference o Boating Accident Investigation -Level 1 o Officer Water Survival o Boater Education Instructor Training (BEIT) o Designated Education Officer Training (DEOT) o Adventures in Boating Instructor Training Page 4 of 9 Page 192 of 404 Back to Agenda Washington State Parks & Recreation Commission o RBS Related Local In -Service Training o Other USCG training courses with prior approval o Other NASBLA training courses with prior approval Per Diem travel expenses at state per diem rate in effect for the destination RBS training, conferences, and meetings. Cost is prorated for percentage of travel /per diem for RBS purposes /missions only. RBS EQUIPMENT Allowable expenses may include the purchase, maintenance and operation of patrol boats and patrol boat equipment to perform the RBS mission as defined in WAC 352-65-040 only. Any purchase exceeding $5,000 under the VRF funds must receive prior approval from the Boating Program. Any purchases exceeding $2,500 under the FFA grant must receive prior approval from the Boating Program. All decisions by the Boating Program for equipment purchases are final. PATROL VESSELS • Motors and hardware • Props • Trailers and maintenance of trailers (repair, tires, winch, cables, power take -off) • Patrol vessel and engine drive system repairs • Repair and replacement of equipment on boat (includes de -watering pumps which can also be used as fire -fighting equipment) • Tow vehicles (dedicated for 100% RBS use, or prorated for the percentage of time used for RBS activities) • Hitch assemblies and installation cost for tow vehicles that are dedicated for 100% RBS use, or prorated for the percentage of time used for RBS activities • Anti -freeze fluid • Batteries and fluid; maintenance and replacement • Costs related to the maintenance and repair of the vessel • Costs related to marking and identifying patrol vessels as government owned, which includes painting, decals and cost of removal and application • Vessel electrical system repairs and replacement o Electronic devices: parts and labor for maintenance, repairs to maintain, or replacement when devices fail, or are no longer serviceable, or when upgrades are required to meet customary and current standards for law enforcement work o Devices dedicated to the program such as agency & VHF radios o Radar units Page 5 of 9 Page 193 of 404 Back to Agenda Washington State Parks & Recreation Commission o Sirens o Blue lighting equipment o Hailers o Global positioning system (GPS) units o Personal breath testers (PBT) o Cell phones used 100% RBS only, or prorated for a percentage of time used on boat o Battery chargers and computers dedicated to program use o Includes brackets and fittings for installation and use • Fluids for hydraulic system • Fuel, fuel additives and filters; associated disposal fees • Gear oil for lower units • Glass replacement and costs to install, associated disposal fees • Grease and lubricants • Oil and oil filters; associated disposal fees • Parts and labor for regular scheduled maintenance and scheduled replacement • Parts for replacement on the vessel when failure occurs or when damaged and labor, which includes engine, lower unit and cooling system repairs and replacement • Vessel canvas tops and side covers; includes repairs and replacement of canvas/vinyl/plastic material and framing structures • Vessel hull and structural repairs/replacement of railings, pilot house, decks, cleats, ladders, swim platforms, Sampson posts, fittings, towing equipment, davits, anchors, chain, and associated hardware and fittings ASSOCIATED EQUIPMENT FOR PATROL VESSELS • Cost of emergency response and rescue equipment repair, replacement and maintenance, including: stretchers, first aid/first responder kits and materials, fire suppression equipment and supplies. • Cost of fees related to cell phone charges, annual registration charges, renewal fees, and insurance are prorated for percentage of time used performing RBS missions. • Cost of haul -outs and associated costs with cleaning and maintenance of hull, fixtures and drive systems, and associated disposal fees. • Costs related to moorage, including cost of water/electricity associated with maintenance and moorage. • Cost of required safety equipment on the vessel when replacement, repair, or regular maintenance is needed to meet state/federal regulations and maintain USCG standards. For example: Page 6 of 9 Page 194 of 404 Back to Agenda Washington State Parks & Recreation Commission o Life jackets, replacement parts (clips, hooks, CO2 cartridges and re -arm kits) and stenciling/screening of agency name or law enforcement o Exposures suits o Fire extinguishers/extinguishing systems o Visual distress signals o Navigation lights o Sounding devices o Ventilation systems o Backfire flame arrestor • Cost of replacement, repair, or regular maintenance of equipment used during operation and moorage. For example: o Fenders o Lines for towing and mooring o Chafing gear o Boat hooks o Towing equipment o Bilge pumps o Batteries o Navigation charts o Piloting equipment o Helm fixtures and seats o Logbooks o Depth sounders & radar, does not include FUR systems o Portable fuel tanks and hoses PATROL VESSEL TRAILERS • Costs related to maintenance and repair of patrol vessel trailer(s) • Cost of tires and wheels, including: installation, repair, and balancing; associated disposal fees • Electrical system maintenance, repair and replacement • Hitch and ball repair or replacement • Hydraulic or electric brake system maintenance, repair and replacement • Oil, grease and lubricants, and associated disposal fees • Winch maintenance, repair and replacement BOAT EQUIPMENT Page 7 of 9 Page 195 of 404 Back to Agenda Washington State Parks & Recreation Commission • Anchors • Line for towing and mooring • Chain or shackles and attachment hardware • Carabineers • Boat hooks • Fire extinguishers (only USCG approved) • Fenders • Depth finders • Radar units, does not include FUR systems • Radios and computers, dedicated for 100% RBS use or prorated for the percentage of time used for RBS activities • Lines for tie up • Light bars — blue lights only (no red, white or yellow lights) • Search lights dedicated for 100% RBS use or prorated for the percentage of time used for RBS activities • FUR System (mounted on and wired to the vessel) • Sirens • Cost of installation and servicing of electronic components • Canvas and siding for weather protection • Haul out for cleaning/painting/servicing patrol vessels • First -aid kits dedicated for 100% RBS use or prorated for the percentage of time used for RBS activities • Rescue throw bags for use on boats only NAVIGATION AIDS & BUOYS • Navigation signs & markers (to meet RCW 79A.60.500 and WAC 352) • Decals for buoys • Chain • Cable and connectors • Weights • Equipment to maintain buoys and signs to remain effective EDUCATION • Publications to promote RBS education that are already prepared or the creation, design and printing of publications Page 8 of 9 Page 196 of 404 Back to Agenda Washington State Parks & Recreation Commission • Education equipment related to required boating safety equipment for recreational boats • Promotion of Adventures in Boating classes (including presentation materials, light refreshments and room rental for classes) NON -ALLOWABLE COSTS AND EXPENDITURES • Bullet proof vests are beneficial, however equipment of this nature is not essential for meeting the established criteria in WAC 352-65-040 nor is it related to the performance of an RBS program mission and is considered a local agency responsibility to purchase. • Equipment used in recovery operations (dive equipment, etc.) while being used in an RBS search or investigation mode are 100% eligible. Once this equipment is used for recovery operations it must be prorated between RBS missions and recovery missions. • Handheld or portable night vision, FLIR or thermal imaging devices are a 100% allowable expense while in RBS patrol, search or investigation mode. Once this equipment is used for recovery operations it must be prorated. Permanently mounted and electrically wired FLIR and thermal Imaging devices are 100% allowable expenses. Homeland security missions (weapons, etc.), or any other equipment determined as unrelated by the Boating Program is not an allowable expense. Firefighting equipment is not an allowable expense. Page 9 of 9 Page 197 of 404 Back to Agenda EXHIBIT C — VESSEL REGISTRATION FEE PROGRAM GUIDANCE FOR MARINE LAW ENFORCEMENT PROGRAMS m 2021 Vessel Registration Fee Frog MLE 123-415 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 35 of 35 Page 198 of 404 Back to Agenda Washington State Parks & Recreation Commission R- Vessel Registration Fee Program Guidance for Marine Law Enforcement Programs Updated January 2021 Page1of18 Page 199 of 404 Back to Agenda Washington State Parks & Recreation Commission Introduction The purpose of the Vessel Registration Fee (VRF) program is to focus local jurisdiction marine programs on injury prevention activities around recreational boating safety. These activities include enforcing RCW 79A.60: Regulation of Recreational Vessels and providing emergency response to boating accidents. Each marine patrol unit should strive to serve and protect the lives and property of Washington's recreational boaters. All VRF Funds are awarded based on the potential success and ability of the local agency to provide such service to the boating community. Recreational Boating Safety (RBS) programs are evaluated using the criteria published in this document, as well as its ability to meet the requirements and assurances of WAC 352-65: Boating Safety Program Approval. This guidance document is intended to help local marine law enforcement programs understand the minimum qualifications and requirements to receive vessel registration fees. The document has been laid out to explain this as simply as possible. The beginning section provides a brief list of the qualifications and requirements, and the remainder of the document explains each component in more depth. The Washington State Parks Boating Program (State Parks) has established different operational goals for agencies dependent on the population within their jurisdiction (based on 2019 census data). • Small Agencies — Under 30,000 population • Medium Agencies — Population between 30,000 and 100,00 • Large Agencies — Populations exceed 100,000. Page 2 of 18 Page 200 of 404 Back to Agenda Washington State Parks & Recreation Commission State Parks Boating Program Contacts Washington State Boating Law Administrator Marine Law Enforcement Coordinator Rob Sendak Matt Stower Office: 360-902-8836 Office: 360-902-8835 Mobile: 360-628-1876 Mobile: 360-791-4668 Rob.Sendak@parks.wa.gov Matt.Stowers@parks.wa.gov Education & Outreach Coordinator Accidents & Reporting Derek Van Dyke Sherri Sweeney Office: 360-902-8842 Office: 360-902-8845 Mobile: 360-628-3260 Sherri.Sweenev@parks.wa.gov Derek.VanDyke@parks.wa.gov Communications Consultant MLE Program Coordinator & SOAR Reports Christina Fremont Cheri Peel Office: 360- 902-8837 Office: 360-902-8846 Mobile: 360-522-0744 Cheri. Peel@parks.wa.gov Christina. Fremont@parks.wa.gov Fiscal Analyst Mailing Address Corey Tolar Washington State Parks Boating Program Office: 360-902-8843 Attn: MLE Program Corey.Tolar@parks.wa.gov 1111 Israel Rd SW P.O. Box 42650 Administrative Assistant Olympia, WA 98504-2650 Kendra Harris Office: 360-902-8832 Physical Address Kendralee.Harris@parks.wa.gov 11834 Tilley Road South Olympia, WA 98512 Customer Service Specialist Nick Walsh Phone: 360-902-8555 Office: 360-902-8849 Fax: 360-586-6602 Mobile: 360-890-2908 Website: GoBoatingWA.com Nick.Walsh@parks.wa.gov Page 3 of 18 Page 201 of 404 Back to Agenda Washington State Parks & Recreation Commission Table of Contents Introduction......................................................................................................................................2 State Parks Boating Program Contacts................................................................................................3 Overview of Agency Eligibility Requirements and Qualifications..........................................................5 Summary of Required Documents and Due Dates....................................................................................................6 Administrative and Financial Requirements........................................................................................7 Annual Agreement —The A-299 Application Form...................................................................................................7 Designated Marine Lead / Conference Attendance / Surveys..................................................................................7 Reporting Recreational Boating Activities and Financial Data..................................................................................8 SOAR— Summary of Activity Reports...................................................................................................................8 Vessel Registration Fee Expenditure Report........................................................................................................8 Supporting Financial Documents..........................................................................................................................8 Dedicated Account / Limitations on the Use of Funds / Accountability...............................................................8 Linksto local ordinances...........................................................................................................................................9 Operational Requirements.................................................................................................................9 Officer / Deputy Qualifications / Training / Training Currency.................................................................................9 Vesselsand Equipment...........................................................................................................................................10 BoatingAccident Reporting.....................................................................................................................................11 BoaterAssistance....................................................................................................................................................12 BoatPatrol (Boat Log Hours)...................................................................................................................................12 Minimum Patrol Hour Goals Based on Agency Size............................................................................................13 Enforcement............................................................................................................................................................13 BoatingSafety Inspections......................................................................................................................................14 Suggested Written Inspections — Minimum Goals.............................................................................................14 Boating Safety Education / Designated Education Officer / Deputy.......................................................................14 Education and Outreach Tactics and Suggested Goals.......................................................................................15 WaterwayMarking..................................................................................................................................................17 Accountability..................................................................................................................................17 Audits......................................................................................................................................................................17 Compliance..............................................................................................................................................................18 Page 4 of 18 Page 202 of 404 Back to Agenda Washington State Parks & Recreation Commission Overview of Agency Eligibility Requirements and Qualifications Only counties or local public agencies having jurisdiction over waters used for recreational boating and possessing the authority to enforce the Revised Code of Washington and the Washington Administrative Code are eligible to apply to receive vessel registration fees. Participating agencies must: Administrative & Financial Requirements 1. Sign an annual agreement with State Parks. 2. Designate a "Marine Lead": A single point of contact that oversees the day-to-day program operations, commits to attend the annual marine law enforcement conference, and responds to surveys sent by State Parks. 3. Designate a "Marine Supervisor": A single point of contact that has administrative authority over the marine program for the agency. 4. Report recreational boating safety activities and certain financial data to State Parks. 5. Place all vessel registration fees into a dedicated account, agree to spend them only on eligible expenses and agree to accountability requirements. 6. Provide digital links to all local ordinances regulating recreational boating. Operational Requirements 7. Employ Officers / Deputies commissioned to enforce Washington state law. 8. Send all marine Officers / Deputies through the Washington State Parks Basic Marine Law Enforcement Academy. 9. Maintain annual training qualification currency for each participating Officer / Deputy. 10. Provide the appropriate vessels and equipment to carry out the operational requirements. 11. Report all boating accidents that occur within the jurisdiction (that meet minimum criteria) pursuant to RCW 79A.60.200, RCW 79A.60.220 and WAC 352-70. 12. Respond and provide assistance to boaters for on -water emergencies, complaints, and accidents. 13. Commit to a minimum number of hours patrolling the waters used by recreational boaters during peak boating season. 14. Actively enforce Washington's boating safety laws and regulations. 15. Conduct vessel safety inspections for recreational boaters. 16. Provide a boating safety education and outreach program and designate at least one Officer / Deputy to receive the Adventures in Boating Instructor training and to manage the program. 17. Place and maintain aids to navigation as legislated buy local ordinances. Page 5 of 18 Page 203 of 404 Back to Agenda Washington State Parks & Recreation Commission Summary of Required Documents and Due Dates Document Name Form Number Date Due Request for Boating Program Approval A-299 / Web form 15 Oct each year Federal Financial Assistance Grant Application (If applying) A-300/Web form 15 Oct each year B.O.A.T Currency Report Web form 15 Oct each year Summary of Activity Report (SOAR) Web form Quarterly * Boating Accident Report (BAR) A-440 10 days following accident Boating Accident Investigation Report (BA IR) A-425 (Rev 08/2009) 10 days following accident / fatality meeting report criteria Washington State Vessel Inspection P&R A-274 Quarterly* VRF Expenditure Report Web form 1 Nov each year Financial System Report Agency generated 1 Nov each year VRF Fund Balance Report Agency generated 1 Nov each year Boating Safety Surveys N/A Varies * Document is due quarterly and must be submitted by the 15th of the month following the last month of the quarter (1st Qtr-04/15, 2nd Qtr-07/15, 3rd Qtr-10/15, 4th Qtr. 01116). Page 6 of 18 Page 204 of 404 Back to Agenda Washington State Parks & Recreation Commission Administrative & Financial Requirements Annual Agreement — The A-299 Application Form Each agency is required sign an agreement with State Parks by submitting a complete A-299 application form. The A-299 contains several informational fields that must be filled out completely to be considered and aids in the continued approval of the agency's program. These forms are due each year by October 15. Agencies must provide information on their current staff, training, an inventory of vessels, and the anticipated patrol schedule. The form also defines the specific requirements your agency is committing to in exchange for vessel registration fees. This form, and instructions on how to fill it out, is located at http://mle.parks.wa.gov/. Designated Marine Lead / Conference Attendance / Surveys Each agency has a unique and different operational environment that offer a variety of solutions to ensure Marine Law Enforcement (MLE) unit operations, enforcement, fiscal and administrative functions are conducted according to best practices. Some agencies may have a Lieutenant serving the MLE Unit Supervisor and crew member conducting vessel operations and patrols. Other agencies may have a Sergeant as a supervisor and different crew member conducting vessel operations. Recognizing this, State Parks requires each agency to designate a "Marine Lead", which is the person responsible for the day-to-day operations of its marine program and acts as the point -of -contact with State Parks on all issues and matters related to that agency's MLE unit. While the Sheriff or Chief of Police is ultimately responsible for ensuring their agency is meeting all the program requirements, the Marine Lead is the person implementing their guidance and communicating that to other Marine Unit members, State Parks, and the public. The Marine Lead is responsible to: • Ensure all required reports are completed and submitted to State Parks within due date guidelines. • Submit personnel names to attend training courses and conferences. • Attend the annual fall conference. • Ensure that B.O.A.T. Currency training is conducted and reported to State Parks. • Utilize Marine SECTOR within their agency. • Communicate with State Parks on all matters and issues which may arise around recreational boating safety and marine law enforcement. • Respond to surveys from State Parks. State Parks also requires the agency to designate a "Marine Supervisor", which is the person with administrative supervision of the agency's MLE program. Page 7 of 18 Page 205 of 404 Back to Agenda Washington State Parks & Recreation Commission Reporting Recreational Boating Activities and Financial Data SOAR — Summary of Activity Reports A Summary of Activities Report (SOAR) form must be submitted at least quarterly to State Parks. However, agencies are invited to report activities daily, weekly, or monthly. This form, and instructions on how to fill it out, is located at http://mle.parks.wa.gov/. Vessel Registration Fee Expenditure Report This annual report form must be submitted by October 15 each year to State Parks. The form fulfills the requirements of WAC 352-65-040(9) which requires each participating agency to submit an annual account of program expenditures showing the amount of vessel registration fees received, spent, and remaining in their dedicated account. They must also show the amount of "local spending" on recreational boating safety activities. "Local spending" is the amount agencies spend on the RBS mission and cannot come from other grant sources. Local spending is required because RCW 88.02.650 specifies that "[VRF] Funds may not supplant local funds used for boating safety programs". This form, and instructions on how to fill it out, is located at http://mle.parks.wa.gov/. Supporting Financial Documents Every Vessel Registration Fee (VRF) Expenditure Report must be accompanied with the following reports: • Financial System Report: A report from the agency financial system (not Excel) showing a dedicated account for the deposit of state VRF funds received from the Office of State Treasurer (Enclosure 4). • VRF Fund Balance Report: A report showing the fund balance of the dedicated account (Enclosure 5). The VRF fund balance on this system -generated report should match the bottom line on the VRF report ("Total Remaining Balance of State VRF funds for Fiscal Year"). Dedicated Account / Limitations on the Use of Funds / Accountability Participating agencies must deposit VRF funds allocated by the state treasurer, under RCW 88.02.650, into an account dedicated solely for boating safety purposes, which include all activities or expenditures identified in this section. See the document "Allowable Costs & Expenditures for State Vessel Registration Fees & Federal Assistance Grants" for a thorough explanation of eligible expenses located at http://mle.parks.wa.gov/. Vessel Registration Fees are intended to increase the education and enforcement efforts of local agencies and stimulate greater local participation in boating safety. They cannot be used to fund any activities except those that are part of the recreational boating safety mission. Page 8 of 18 Page 206 of 404 Back to Agenda Washington State Parks & Recreation Commission Agencies may charge actual, direct administrative costs to the VRF account - such as staff hours it takes to fill out forms, or to maintain the dedicated account - but may not charge administrative fees based on an estimated percentage. Participating agencies must maintain accurate annual records of activities and expenditures of their boating safety programs. Those records must be provided to State Parks consistent with their agreement, or upon request. The agency must also permit State Parks to audit the use of funds in accordance with generally accepted audit practices and standards. Links to local ordinances When the local jurisdiction adopts ordinances governing recreational boating, the ordinances must be at least as restrictive, but may be more restrictive than Washington state boating laws and regulations. Participating agencies must submit a web link to all such ordinances to State Parks using the designated field in the A-299 Form. Operational Requirements Officer / Deputy Qualifications / Training / Training Currency Participating agencies must provide Officers / Deputies with law enforcement certificates from the Criminal Justice Training Commission which authorizes them to enforce all boating laws and regulations. All Officers / Deputies must maintain a current Washington State Peace Officers Certification. Participating agencies are responsible for acquiring the required training for all RBS Officers / Deputies. Washington State Parks provides two or more Basic Marine Law Enforcement Academies each year to help agencies fulfill this requirement. These courses are provided at no charge. They are taught in the spring - usually one in Western Washington and one in Eastern Washington. Officers / Deputies may attend other basic boating safety training, if approved by State Parks. Those approved courses are the Federal Law Enforcement Training Center's (FLETC), Marine Law Enforcement Training Program (MLETP), or National Association of Boating Law Administrator's (NASBLA) Boat Crewman course (BCM). Such training must be acquired within one year of initiating a new boating safety program and within one year for each newly assigned boating safety Officer / Deputy. Washington State Parks' Marine Law Enforcement Training Academy is accredited through the NASBLA's Boat Operation and Training (BOAT) Program. As a term of accreditation, State Parks must ensure that all active marine Officers / Deputies maintain proficiency in basic RBS skills. This is important because these skills are perishable but critical to operate in a marine environment. All agencies must submit a BOAT Currency Requirements Report Form for all active personnel listed in the A-299. These reports are Page 9 of 18 Page 207 of 404 Back to Agenda Washington State Parks & Recreation Commission submitted at least annually with the A-299 but may be updated throughout the year. This form, and instructions on how to fill it out, is located at http://mle.parks.wa.gov/. Agencies which have not completed all currency training tasks required may submit a statement of explanation and attach it to the A-299 form. State Parks recognizes that many different circumstances could prevent training from being completed (wildfires, maintenance issues, staffing shortfalls, etc.). Each circumstance will be evaluated on its own merits. Agencies are required to list any additional training courses their personnel have completed on the A- 299 web form. This helps State Parks in maintaining an up-to-date database of marine law enforcement capabilities across the state and helps identify training subjects and courses that are needed, but not offered within the state. Vessels and Equipment Agencies must supply the necessary boating safety patrol equipment, including vessels capable of serving the minimum requirements outlined in this guidance. Patrol vessels must be properly marked and properly equipped as provided in chapter 88.02 RCW and chapter 352-60 WAC. Agencies are also required to provide State Parks with an inventory of all vessels along with details for how they are equipped each year by filling out the A-299 form. Information required on that form includes: • Vessels: State Parks requires the following data on each vessel: o Vessel name o Manufacturer o Radio equipped (Y/N): Radio equipped means the vessel has an agency radio installed or "hardwired". Non -radio equipped boats are vessels that do not have radios installed. Portable radios may be carried on these boats, but they would be considered non -radio equipped. Examples include personal watercraft, drift boats, Jon boats, kayaks, and inflatable rafts (motorized or non -motorized). o SECTOR equipped (Y/N): SECTOR equipped boats are the patrol vessels in your agency that are SECTOR equipped with a computer or tablet plus printer and scanner (installed or "hardwired" to include portable cased units). Non -SECTOR equipped boats are vessels that do not have a computer, tablet, printer installed or if these are not carried aboard as a cased kit. rVINUMUsT11-31 o Length o Propulsion type o Horsepower o Year o Funds used to purchase the vessel (local, state, or federal) o Percent of time employed for the RBS mission. Page 10 of 18 Page 208 of 404 Back to Agenda Washington State Parks & Recreation Commission NOTE: Vessels purchased with state or federal dollars must be sold at the end of their useful life, consistent with the local agency's policies and procedures. Once a vessel is sold it should be removed from the Patrol Vessel list as quickly as possible. If the agency is selling a vessel that was purchased with federal grant dollars provided by State Parks, you must notify State Parks 60 days in advance of the sale date. • Vehicles (trucks, cars, SUVs, ATVs): The number of other patrol vehicles assigned to the marine services unit and the percentage they are used for RBS activities. o Vehicle type o Manufacturer o SECTOR/Radio equipped o Model o Year o Funds used for purchase. o Percent of time employed for the RBS mission. • Aircraft: The number of aircraft in your agency and the percentage they are used for RBS activities. o Aircraft type o Manufacturer o SECTOR/Radio equipped o Model o Year o Funds used for purchase. o Percent of time employed for the RBS mission. • Equipment valued at $5000.00 (i.e., engines, electronics, etc.): Agencies are required to update their inventory of durable items defined as having a cost or value of $5000.00 or more. Only items listed under "allowable expenses" are permitted (see "Allowable Expense Guidance" document for full details). o Type of equipment o Manufacturer o Model o Year o Funds used for purchase (local, state, federal) Boating Accident Reporting Participating agencies are required to submit accident reports to State Parks in compliance with RCW 79A.60.200, RCW 79A.60.220 and WAC 352-70. Page 11 of 18 Page 209 of 404 Back to Agenda Washington State Parks & Recreation Commission For any boating accident resulting in a death or injury requiring hospitalization, each participating agency must: • Notify State Parks within 48 hours of becoming aware it. • Fill out and submit a complete Boating Accident Investigation Report (BAIR — form number A- 425) within ten days of the occurrence. • Include the results of any other investigation conducted by the agency. • Submit any coroner's reports concerning the death of any person resulting from the boating accident, within one week of completion. Participating agencies must also submit a Boating Accident Report (BAR — form number A-440) within 10 days of the occurrence to State Parks for any boating accident: • Resulting in a death, OR • An injury requiring hospitalization, OR • Damage to any vessel or property of two thousand dollars or more, OR • A vessel is a complete loss, OR • A person disappears from the vessel under circumstances that indicate death. Boater Assistance The local municipality will have the ability to respond or coordinate response to boating emergencies which occur within their jurisdiction. Furthermore, agencies must document each occurrence and report it to State Parks through the Summary of Activity Report (SOAR) at least quarterly using the following definitions: • Search and Rescue/Recovery — Search and rescue (SAR) is defined as a water -borne response (including aircraft) involving a person or vessel in peril. Agencies should only report SAR cases on the Summary of Activity Report (SOAR) that were assigned a case number by their agency or a USCG MISLE Case ID Number and an Urgent Marine Information Broadcast (UMIB) initiated by the USCG. Agencies should not report assists (defined below) as SAR cases. • Assist — An "Assist" is defined as aid where there is no immediate danger to the vessel or its occupants. This includes vessels involved in boating accidents, disabled, aground, out of fuel, or otherwise unable to reach a safe mooring under their own power. Assistance may include providing a tow, jump start, re -floating, re -righting, fuel, repair, repair parts, assisting persons in the water, etc. This does NOT include the salvage of a vessel once abandoned or commercial vessels. Report the number of vessels assisted and the number of persons assisted on the SOAR report. Boat Patrol (Boat Log Hours) Boat patrol (Boat Log Hours) are those hours that the patrol vessel was actually on the water patrolling. Participating agencies must submit a patrol schedule (with the A-299) that demonstrates they are patrolling waters within their jurisdiction during peak recreational hours. They must also patrol a Page 12 of 18 Page 210 of 404 Back to Agenda Washington State Parks & Recreation Commission minimum number of hours per year. See the note below. Minimum Patrol Hour Goals Based on Agency Size • Small agencies - 133 hours • Medium agencies - 255 hours • Large agencies - 436 hours NOTE: State Parks recognizes that Washington State experiences a diverse boating season. Various areas of the state have increased boating activities due to recreation fishing, hunting and pleasure crafting. Because of its diverse landscapes and seasons, State Parks acknowledges that the traditional peak boating season remains during the time between Memorial Day and Labor Day but is not exclusive to that time frame. State Parks has collected data for patrol hours performed by all participating over a period of years and has established the average boat log hours for agencies based on jurisdiction population size according to the U.S. Census. Patrol hours can be a combination of Boat Log and Ramp - side hours. Patrol hours is considered a critical metric. It is used by State Parks to determine if an agency is complying with the minimum requirements. Failing to achieve the minimum number of hours of patrol (based on size) could be a factor in determining ineligibility for vessel registration fees. Example patrol schedule Boat Patrol Schedule Mon Tue Wed Thur Fri Sat Sun Patrol Hours # of Officers / Deputies # of Vessels Patrol Season Beginning Date Patrol Season Ending Date Enforcement Participating agencies must enforce safety equipment, vessel operation, noise level, navigation, harbor improvements (as authorized and placed through local ordinances), and registration laws as specified in Title 88 RCW, and as specified in local codes or ordinances. Agencies must also document and report the numbers of warnings and citations they issue for each type of boating violation in the Summary of Activity Report — except those issued through SECTOR. Page 13 of 18 Page 211 of 404 Back to Agenda Washington State Parks & Recreation Commission State Parks recommends zero tolerance policy in the enforcement of mandatory boater education card carriage, life jacket wear/carriage, boating under the influence and rules of the road violations. Officers / Deputies should strongly consider issuing citations for violations of these laws in all circumstances. The SECTOR system should be used to issue boating citations and warnings. State Parks will no longer accept mailed -in paper inspection forms, although State Parks will continue to provide paper inspection forms to agencies for internal use. Boating Safety Inspections Participating agencies must complete written boating safety inspections during enforcement and informational contacts when considered safe and appropriate to document boater compliance with state boating laws. State Parks will provide boating safety inspection forms. Copies of the completed inspections must be submitted to State Parks for statistical purposes. Inspections conducted in SECTOR do not have to be reported to State Parks. NOTE: We will not accept paper inspection forms after January 1, 2019. All inspections must be submitted using SECTOR. State Parks has calculated suggested minimum goals for the number of boating safety inspections an agency performs in a boating season based on size. Sunnested Written Inspections — Minimum Goals • Small, 92 • Medium, 283 • Large, 372 Boating Safety Education / Designated Education Officer / Deputy Participating agencies must have a boating safety education and information program. At a minimum, they must designate an Officer / Deputy, trained by State Parks, to coordinate the activities of boating safety education instructors, act as liaison to boating education organizations and to coordinate: • Boating safety presentations, which may include presentations to primary and secondary school children, boating organizations, or youth groups. • Boating safety instruction meaning a public course of instruction using the Adventures in Boating materials from State Parks, or other state or nationally recognized curriculum approved by State Parks. • Distribution of boating safety information, including materials provided by State Parks, to boating and outdoor recreation organizations, the boating public, public agencies, and local media. Page 14 of 18 Page 212 of 404 Back to Agenda Washington State Parks & Recreation Commission NOTES • Any Officers / Deputies designated as Certified Boating Education Instructors must be listed as Instructors qualified for the Adventures in Boating course by the State Parks Education and Outreach coordinator. • State Parks considers education and outreach activities a key component of preventing boating injuries and fatalities. Classroom instruction, school presentations and participation in community events, Dealer and Rental site visits, and effective use of media are crucial to preventing boating accidents and fatalities. Agencies are not required to engage in all education and outreach activities described below but should pursue a mix of tactics appropriate for their area of operation. Education and Outreach Tactics and Sumested Goals • Education Classes: Classroom instruction of the Adventures in Boating course sanctioned by Washington State Parks that qualifies passing students to obtain a Mandatory Boater Education Card. ■ Small = 15 students, 1 Class ■ Medium = 20 students, 1 Class ■ Large = 50 students, 1 Class • Boating Safety Presentations to Groups: Presentations to various groups such as yacht clubs, kayak clubs, anglers, and any groups that use boats on the water. ■ Small = 10 hours ■ Medium = 15 hours ■ Large = 25 hours • Boating Safety Presentations to Schools: Presentations to local public and or private schools K- 12, and colleges / universities. ■ Small = 10 hours ■ Medium = 15 hours ■ Large = 25 hours • Vessel Rental Site Visits: Visits to local vessel rental sites intended to ensure employees and renters are following guidance on the Motor Vessel Rental Safety Checklist. These can also be site visits to businesses that rent out kayaks, canoes, stand-up paddleboards, or other small non - motorized craft. The intent of visits in this case is to emphasize basic safety behaviors such as encouraging renters to always wear a life jacket and encouraging boating in low hazard areas. ■ Small = 2 ■ Medium = 4 Page 15 of 18 Page 213 of 404 Back to Agenda Washington State Parks & Recreation Commission ■ Large = 6 • Participation in Community Events: Events like county fairs, parades, and night outs that reach large numbers of community members. A qualified event requires face-to-face interaction with community members. Participation in regattas, races, or opening days where there is little or no face-to-face interaction between Officers / Deputies and community members does not count as a "Community Event". Also, maintaining a screen line or security area at an on -water event does not count for reporting event hours on the SOAR. ■ Small = 40 hours ■ Medium = 150 hours ■ Large = 275 hours • Vessel Dealer Site Visits: Visits to vessel dealerships and brokers to ensure they are following dealer registration laws, educate them on any safety issues with type of vessels they sell, and checks that required safety equipment is on board during test rides and sea trials. Dealers should also be encouraged to remind their customers of the mandatory boater education requirement. ■ Small = 5 ■ Medium = 10 ■ Large = 15 • Professional Prevention Partners (Safe Kids, Power Squadron, USCG Auxiliary, etc.): Engaging partners can multiply the effectiveness of a marine law enforcement program's by increasing their area of influence and leveraging the resources of partners. Partnering activities include meetings, conference calls, event participation, and actual on -water time. Agencies should report the hours that Prevention Partners spend conducting RBS activities. ■ Small = 1 ■ Medium = 3 ■ Large = 5 Media Contacts: (This section only applies to Federal Financial Assistant Grant recipients). The intent is for agencies to distribute recreational boating safety content through their own social media channels, the social media channels of their partners, or the news media. • Owned Media: This is the number of hours spent on this activity and the number of posts or articles distributed through communication channels that are owned and managed by the agency like the agency website, social media channels (Facebook, Twitter), newsletters, etc. ■ Small = 4 ■ Medium = 8 ■ Large = 16 • Earned Media: This is the number of hours spent on this activity and the number of articles broadcast through media channels that are not managed by the agency. Examples include Page 16 of 18 Page 214 of 404 Back to Agenda Washington State Parks & Recreation Commission stories in the newspaper, radio, and television. Agencies should also count the number of recreational boating safety posts on the social media channels of partner organizations when the agency can show that the posts are the result of interaction with that partner. ■ Small = 4 ■ Medium = 8 ■ Large = 16 Campaigns: See SOAR for reporting requirements. Goals for all agencies, regardless of size, is participation in these campaigns. The State Parks Recreational Boating Safety communications staff will distribute content to all agencies for each of the campaigns making participation quick and simple. These campaigns can have a powerful impact if all agencies participate. ■ Operation Dry Water campaign is a national campaign focused on the deterrence of boating under the influence. Participation in this campaign is mandatory for all agencies that receive a federal assistance grant. It is a combination of emphasis patrols and media the weekend before the Fourth of July. ■ Spring Aboard Campaign was a national campaign but is now a state campaign designed to encourage all boaters to take a recreational boating safety class. It occurs in late March. ■ National Safe Boating Week is a nationally observed week focused on encouraging all boaters to wear their lifejackets and other best practices for optimal safety. In addition to media posts, agencies are encouraged to participate in "Wear IT" events. This campaign is sponsored by the National Safe Boating Council. ■ Safe Paddling Week is a campaign sponsored by the Washington State Parks Recreational Boating Safety Program. The purpose of the week is to elevate awareness around basic paddling safety behaviors such as always wearing a PFD, obtaining training, etc. Waterway Marking Participating agencies should report the total number of Aids to Navigation (ATONs) that they are responsible for within their jurisdiction on the SOAR. Do not count ATON's emplaced / maintained by the USCG, Corps of Engineers or other Federal agencies. The county or local jurisdiction will use only those waterway markers which conform to the uniform state waterway marking system as identified, found in chapter 352-66 WAC. Accountability Audits All agencies will be audited on a periodic rotating basis. When your agency is slated for an audit, the State Parks Marine Law Enforcement Coordinator will contact your agency to schedule a time. You will Page 17 of 18 Page 215 of 404 Back to Agenda Washington State Parks & Recreation Commission be sent a list of documents and questions that you will need to prepare before the audit. Audits are a review of the performance and accomplishments to measure and evaluate compliance with the terms of the agreement with State Parks. Compliance If it is determined that a participating agency is not in compliance with the minimum requirements of the agreement, the State Parks Marine Law Enforcement Coordinator will notify the agency through a Non -Compliance Warning Letter and cite the wording of the agreement. The letter will request the agency responds with a plan to remedy the deficiency per WAC 352-64-060 (3): Revocation of approval "Those counties or local jurisdictions unable to demonstrate compliance with minimum approval requirements will have forty-five days to submit a plan satisfactory to state parks to remedy the deficiencies. If, after forty five days, a county or local jurisdiction is unable to demonstrate its ability to meet minimum requirements, state parks may revoke the program approval after the county or local jurisdiction has had an opportunity for a hearing under chapter 34.05 RCW, the Administrative Procedure Act." Page 18 of 18 Page 216 of 404 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 4N Subject: Approval of Amendment No. 5 to Contract No. 002-18 with Kitsap County for Incarceration of Citv Prisoners Back to Agenda Meeting Date: December 13, 2022 Prepared by: Matt Brown Atty Routing No. Atty Review Date Chief of Police 366922-0012 — PD November 8, 2022 Summary: In 2017, the City entered into an agreement with Kitsap County for the incarceration of City prisoners for the calendar year 2018. This agreement was extended through the end of the 2019 calendar year by the First Amendment to that agreement, and again annually by amendments through the end of the 2022 calendar year. The parties are proposing a Fifth Amendment to the agreement to further extend it through the 2023 calendar year. Aside from the extended termination date, the terms of the agreement remain unchanged. Recommendation: Recommend the City Council approve the Fifth Amendment to the City's prisoner incarceration agreement with Kitsap County as presented. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to authorize the Mayor to sign the Fifth Amendment to Contract No. 002-18, the prisoner incarceration agreement between the City of Port Orchard and Kitsap County. Fiscal Impact: The daily base rate has been factored into the 2023-2024 budget. Alternatives: Not approve the Fifth Amendment to the agreement and lose the ability to provide secure custody for the City's adult prisoners or propose revisions to the Fifth Amendment. Attachments: Fifth Amendment to KC-249-17-E Courtesy copy of KC-249-17-E Kitsap County and City of Port Orchard Agreement for Incarceration of City Prisoners. Page 217 of 404 Back to Agenda KC-249-17-E FIFTH AMENDMENT KITSAP COUNTY AND CITY OF PORT ORCHARD AGREEMENT FOR INCARCERATION OF CITY PRISONERS This Fifth Amendment to the Kitsap County and City of Port Orchard Agreement for Incarceration of City Prisoners ("Fifth Amendment") is made between Kitsap County, a Washington state municipal corporation ("County"), and the City of Port orchard, a Washington state municipal corporation ("Contract Agency"). In consideration of the mutual benefits and covenants contained herein, the parties agree that Kitsap County Contract No. KC-249-17 ("Agreement"), shall be amended as follows: 1. Section 22 (Duration) is amended to extend the termination date of the Contract to December 31, 2023. 2. Insurance. If this Fifth Amendment extends the expiration date of the Agreement, then the Contract Agency shall provide an updated certificate of insurance and endorsement evidencing that any required insurance coverages stated in the Agreement are in effect through the new contract expiration date. The Contract Agency shall submit the certificate of insurance to: Kitsap County Jail Administration, 614 Division Street, MS-33, Port Orchard, Washington 98366. 3. Terms Unchanged. Except as expressly provided in this Fifth Amendment, all other terms and conditions of the Agreement, and any subsequent amendments, addenda, or modifications thereto remain in full force and effect. 4. Counterparts. This Fifth Amendment may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitution one and the same agreement. A facsimile, email, or other electronically delivered signature of a party shall be deemed to constitute original signatures and deemed to constitute duplicate originals. 5. Authorizations. The signatories to this Fifth Amendment represent that they have been appropriately authorized to execute this Fifth Amendment on behalf of the Party for whom they sign, and that no further action or approvals are necessary before its execution. (Signatures on next page) City of Port orchard KC-249-17-E Page 1 of 2 Page 218 of 404 Back to Agenda DATED this _ day of , 202 CITY OF PORT ORCHARD Robert Putaansuu, Mayor Attest: Brandy Wallace, City Clerk DATED this _ day of , 202 KITSAP COUNTY SHERIFF'S OFFICE John Gese, Sheriff BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON DATED this day of , 202 EDWARD E. WOLFE, Chair CHARLOTTE GARRIDO, Commissioner ROBERT GELDER, Commissioner ATTEST: Dana Daniels, Clerk of the Board City of Port orchard KC-249-17-E Page 2 of 2 Page 219 of 404 Back to Agenda KC-249-17 KITSAP COUNTY/CITY OF PORT ORCHARD AGREEMENT FOR INCARCERATION OF CITY PRISONERS THIS AGREEMENT is made and entered into by and between KITSAP COUNTY, a municipal corporation, having its principal offices at 614 Division Street, Port Orchard, Washington, 98366 (the County) and the CITY OF PORT ORCHARD (the Contract Agency), having its principal offices at 546 Bay Street, Port Orchard, Washington 98366. WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons; WHEREAS, the Contract Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more prisoners lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping prisoners received from the Contract Agency in the County's custody at its jail for a rate of compensation mutually agreed to herein; WHEREAS, RCW 39.34.080 and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform; and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law. AGREEMENT For and in consideration' of the conditions, covenants and agreements contained herein, the parties agree as follows: 1. PURPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services located at the Kitsap County Sheriffs Office, Corrections Division, 614 Division Street, Port Orchard, Washington, 98366. 2. DETENTION/INCARCERATION The County shall incarcerate persons received from the Contract Agency until the following occur: (a) expiration of the term of confinement as indicated in a Warrant or Order of Commitment or as a result of an Order of Release, or is placed on electronic monitoring or similar program as approved by the court; or KC-249-17 Page 1 of 11 Page 220 of 404 Back to Agenda (b) upon posting of bail; or (c) receipt of a directive from a law enforcement officer or prosecuting attorney of the Contract Agency to release such person held under probable cause without judicial process; or (d) for those held upon probable cause without judicial process upon the passage of two (2) business days; provided, prior to releasing any person pursuant to this subsection, the County shall attempt to contact the Contract Agency to ascertain the Contract Agency's desire with regard to said person; provided that the Contract Agency shall hold the County harmless as set forth in Section 19 for any claim or action resulting from the detention of an individual wrongly detained at the direction of the Contract Agency. 3. CONTRACT REPRESENTATIVES: All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following: County: Kitsap County Sheriffs Office Mark Rufener, Chief of Corrections 614 Division Street, MS-33 Port Orchard, WA 98366 Phone: 360-337-7107 mrufenerCaD_co. kitsap.wa. us Contract Agency: City of Port Orchard Geoffrey Marti Chief of Police 546 Bay Street Port Orchard, WA 98366 Phone: 360-876-4730 gmarti@cityofportorchard.us 4. AVAILABILITY OF JAIL FACILITIES: Subject to the County's rights with respect to certain prisoners set forth in Sections 9 and 10 herein, the County will accept and keep prisoners at the request of the Contract Agency, unless the County, in its sole discretion, determines that the jail population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the County jail might be reached or exceeded if the County does not begin to refuse or request removal of prisoners. However, County agrees to notify the Contract Agency prior to any potential action by the County resulting in a change of intake standards. County further agrees to cooperate to the greatest extent possible with the Contract Agency to ensure Contract Agency's ability to incarcerate its prisoners at the county facility. Upon acceptance of a prisoner at the request of the Contract Agency, the County shall accept and store the prisoner's personal belongings in an amount not to exceed -a day pack or equivalent in volume. Any personal belongings exceeding this amount will require County approval prior to acceptance and storage. 5. DEFINITIONS: "Contract Agency Prisoner' as used in this Agreement shall mean a person arrested by Contract Agency officers and held and confined in the Kitsap County Jail, or otherwise held in detention as provided in this KC-249-17 Page 2 of 11 Page 221 of 404 Back to Agenda agreement pursuant to a violation of a Contract Agency ordinance or a violation of a state law or ordinance which designates the crime for which the person is held to be a misdemeanor, gross misdemeanor, or felony (see RCW 70.48.400). A prisoner arrested on a warrant issued by another jurisdiction within Kitsap County or for charges initiated by a non -Contract Agency officer, shall be the responsibility of the originating agency. Arrests made by Contract Agency officers on extraditable warrants issued by agencies outside Kitsap County will be considered County prisoners. Non -contracting agencies will not be factored when calculating "split billing". "Bed —Day" shall mean a consecutive 24-hour period that a Contract Agency Prisoner is in custody at the county jail, including a prisoner's booking into the county jail. "Shared Bed -Day" shall refer to the circumstance when a Contract Agency Prisoner is held in custody at Kitsap County Jail pursuant to this agreement at the same time the prisoner is being held by another Contract Agency and/or the County including periods of time less than 24 hours. Non -contract agencies will not be factored when calculating "shared bed -days." "Split Billing" shall occur in the event of a shared bed -day. The bed -day shall be apportioned on an equal basis between the respective jurisdictions having custody of the prisoner. Non -contracting agencies will not be factored when calculating "Split Billing". 6. COMPENSATION FROM CONTRACT AGENCY: (a) Base Rate for Housing. In return for the County's housing of a Contract Agency Prisoner, the Contract Agency shall pay the County from the time said prisoner is transferred to the custody of the County to the time when the Contract Agency resumes custody, or the prisoner is released. The housing rate will be fifty dollars ($50) for prisoners who are in the facility for less than twelve (12) hours. For prisoners who are in the facility for twelve (12) hours or more, the rate will be ninety-one dollars and six cents ($91.06) for every 24-hour period, or portion thereof, that said prisoner is in the custody of the County. "Split Billing" as defined in Section 5 above will be apportioned as appropriate. (b) Determination of Case Status. The Kitsap County Prosecuting Attorney shall have the sole authority to determine which felony cases submitted by the Contract Agency shall be charged as felonies. The Contract Agency shall not be responsible for the base rate for housing prisoners on any cases charged as a felony by the Prosecutor. If the Prosecutor makes the determination that a case is a misdemeanor/gross misdemeanor, such cases will be referred to the Contract Agency for filing in the appropriate court of limited jurisdiction. (c) Billing. The County will bill the Contract Agency on or about the 30th day of each month for all amounts due to the County under this Agreement for the services rendered in the prior calendar month. Such fees shall be due and payable by the Contract Agency to the County within 30 days after receipt of an itemized invoice (d) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 7. 7. MEDICAL COSTS AND TREATMENT (a) Services Provided. Upon transfer of custody of a Contract Agency Prisoner to the County, the County will provide or arrange for such medical, mental health and dental services as may be necessary to safeguard the prisoner's health while confined, in accordance with the policies and rules of the County jail. The costs of these services are included in determining the above -stated daily per diem rates charged to the Contract Agency. KC-249-17 Page 3 of 11 Page 222 of 404 Back to Agenda (b) Cost Responsibility — Outside Medical Costs. Outside Medical costs are any and all expenses incurred for necessary medical care of a Contract Agency Prisoner, excluding the in-house professional medical services provided for under Section 7(a) above. These costs include, but are not limited to, prescriptions, laboratory tests, medical imaging services, necessary durable medical equipment, and any in- patient or out -patient treatment or referral. The Contract Agency shall be responsible for its proportion of all outside medical costs for its prisoners as provided herein. For purposes of medical costs and treatment, the Contract Agency Prisoners are defined as all arrestees who are pre -conviction and post -conviction misdemeanants, and pre -conviction felons. The Contract Agency shall also be responsible for its proportion of all costs associated with the delivery of medical, mental health, and dental services provided to a Contract Agency Prisoner that are not available from the health care program within the County jail, and for all emergency medical services, wherever provided. In accordance with RCW 43.09.210, these costs shall be paid as a reimbursement to the County, as directed by the County. Prisoners arrested and confined on warrants issued in Kitsap County shall be the responsibility of the originating agency. Medical costs and treatment for prisoners arrested by Contract Agency officers on extraditable warrants issued by agencies outside Kitsap County will be the responsibility of Kitsap County. (c) Emergency, Non -emergent and Non -hospital Care outside the Jail - Notification. County has an obligation to provide medical care to inmates housed in its facilities. The County will use its best efforts to notify the Contract Agency when outside medical care is necessary for inmates. For emergency care, the County will notify the Contract Agency within four (4) business hours of transport (Monday through Friday, from 8 a.m. to 5 p.m. PST). For non -emergent and non -hospital care outside of the jail, the County will notify the Contract Agency before noon on the next business day. Notice to the Contract Agency will be provided as follows: During business hours, contact in the following order: • Port Orchard Municipal Court Administrator, Deborah Hunt at 360-876-1701; if not available then, • Chief. of Police, Geoffrey Marti at 360-876-1700; if not available then, o Commander, Dale Schuster at 360-876-1700 After business hours, contact Port Orchard Police Department at 360-876-1700 or through CENCOM. In addition, whether during or after business hours, an email notification will also be sent to court(@cityofportorchard.us and police(aD_cityofportorchard.us and will include the prisoner's name, the date, and who (above) was contacted. (d) Pre -Confinement Consents or Refusals. If a Contract Agency Prisoner has received or refused any medical, mental health or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide to the County all written verification of any authorization of or refusal to authorize care or treatment for such prisoner. (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from retaking custody of an ill or injured prisoner by picking the prisoner up for transfer at the County jail; provided, in situations the County deems that a prisoner requires emergency medical care, the County shall have the right to arrange for emergency medical services (at the Contract Agency's expense) notwithstanding a request from the Contract Agency to retake custody of the prisoner. (f) Records. The County shall keep records of all medical, mental health or dental services it provides to a prisoner as required by law. The County agrees to share all information, including insurance information, regarding a Contract Agency inmate, as allowed by law. (g) No Waiver of Right to Seek Reimbursement. The above paragraphs relating to medical costs are intended solely to define the obligations between the parties to this Agreement. Nothing contained within the provisions of this Agreement shall be construed to waive the rights of either party to seek reimbursement for costs from the Washington State Department of Social and Health Services, from the prisoner, or any other responsible third party. KC-249-17 Page 4 of 11 Page 223 of 404 Back to Agenda 8. TRANSPORTATION OF CONTRACT AGENCY PRISONERS: (a) Transports. The Contract Agency shall provide or arrange for transportation of its prisoners to and from the County jail except when the transportation is determined by County staff to be necessary to secure emergency medical evaluation or treatment, or when transportation is required to support the orderly operation of the County jail. (b) Transports with Costs. The Contract Agency shall be responsible for transportation of all its prisoners to the County jail for initial booking. When the Contract Agency has its own Court, then the Contract Agency shall be responsible for transportation of all its prisoners from the jail facility for all appearances in the Court. In the event the Contract Agency cannot provide transportation noted herein and the County performs the transportation on behalf of the Contract Agency, the Contract Agency shall reimburse the County for transportation performed by the County at the Standard Mileage Rates as set by the Internal Revenue Service plus $40.00 per hour for the cost of personnel. (c) Contract Agency Transports. The Contract Agency shall provide reasonable notice to the County prior to transporting a prisoner from the County jail. Except as limited by Section 8(a), the Contract Agency shall be responsible for retaking custody of a prisoner at the County jail and for transporting the prisoner. 9. TRANSFER OF CUSTODY: (a) Commencement of Custody by County. Custody of a Contract Agency Prisoner shall be deemed transferred to the County when officers from the Kitsap County Sheriffs Office take physical control of the prisoner. The County will not take such control of a prisoner until the Contract Agency has delivered copies of all records in its possession pertaining to the prisoner's incarceration by the Contract Agency or its agent, including a copy or summary of the prisoner's medical records if held by the Contracting Agency or its agent. If the. County requests additional information regarding a particular prisoner, then the parties shall mutually cooperate to obtain such information. Absent compliance with existing policies, the County shall not be required to take custody of or assume control of or responsibility for any property of the prisoner except as set forth in Section 4 above. The Contract Agency's officers, when transporting a prisoner to the jail shall be responsible for ensuring that all paperwork is in order and that all property allowed to be transported with the prisoner is properly packaged. The County will not take physical control and assume custody of a prisoner to be confined unless all paperwork and property of the prisoner are in order. Upon presentation of an individual for confinement, or as soon thereafter as is practicable, the Contract Agency shall advise the staff of the County jail of the duration or other terms of confinement of a given individual. The Contract Agency shall provide a copy of any Warrant of Arrest or Order of Commitment. The Contract Agency shall be solely responsible for determining that the individuals presented for detention are detainable and shall certify by the act of presenting an adult person for detention, that said person is legally detainable and County shall bear no responsibility to ensure that said individuals are legally detainable. The Contract Agency shall hold the County harmless as set forth in Section 19 for any claim or action resulting from the detention of an individual wrongly presented by the Contract Agency for detention. When custody of a Contract Agency Prisoner is transferred to the County, the Contract Agency Prisoner shall be subject to all applicable rules, regulation and standards governing operation of the County jail, including any emergency security rules imposed by the jail administrator or Sheriff. Any Contract Agency police officer delivering a prisoner to the County jail shall comply with reasonable rules and regulations of the County jail. (b) Further Transfer of Custody. Except as otherwise allowed by Section 12 of this Agreement, the County will not transfer custody of any prisoner confined pursuant to this Agreement to any agency other than to the Contract Agency without the written authorization from a court of competent jurisdiction. (c) Responsibilities upon Assumption of Custody. Upon transfer of custody to the County, it shall be the County's responsibility to confine the prisoner; to supervise, discipline and control said prisoner; and to administer the prisoner's sentence pursuant to the order of the committing court in the State of Washington. During such confinement, the County shall provide and furnish or arrange for all necessary medical and hospital services and supplies in accordance with Section 7 of this Agreement. KC-249-17 Page 5 of 11 Page 224 of 404 Back to Agenda (d) Resumption of Custody by Contracting Agency. The Contract Agency shall be deemed to have resumed custody of a prisoner upon either the County's presentation of such prisoner to the Contracting Agency, or upon the Contract Agency's officers taking physical control of the prisoner. 10. RIGHT TO REFUSE PRISONER: The County shall have the right to refuse to accept any Contract Agency Prisoner who appears in need of medical, mental health or dental attention, until the Contract Agency has provided medical, mental health or dental treatment to the prisoner to the satisfaction of the County. 11. RELEASE, HOLDS AND COURT APPEARANCES: Additions to the Contract Agency video court calendar must be received by 0600 the day of the requested appearance. Additions made later than 0600 will be scheduled the following judicial day. Video court will not be used for non -criminal traffic violations or any other civil matter. 12. REMOVAL FROM JAIL - OTHER GROUNDS: Contract Agency Prisoners may be removed from the County jail for the following reason(s): (a) Request by Contract Agency. Upon written request by a supervisory member of the Contract Agency for transfer of custody back to the Contract Agency. (b) Court Order. By order of a court having jurisdiction over the Contract Agency Prisoner. In such case, transport, if any, will be pursuant to Section 8 above. (c) Treatment Outside of Jail. For medical, mental health, dental treatment or any other care not available within the County jail. (d) Catastrophe. In the event of any catastrophic condition occurring that poses eminent danger to the safety of the prisoner(s) or personnel of the County, the decision to remove prisoners will be at the sole discretion of the County. In such cases, the County will inform the Contract Agency, at the earliest practicable time, of the whereabouts of the prisoner(s) so removed and shall exercise all reasonable care for the safekeeping and custody of such prisoner(s). 13. TRANSFER OF PRISONERS UPON TERMINATION/EXPIRATION OF AGREEMENT: (a) Termination by County. In the event this Agreement is terminated by a notice of termination from the County in accordance with Section 23 below, it shall be the County's obligation to transport the Contract Agency's Prisoners to the Contract Agency, at no expense to the Contract Agency. (b) Termination by Contract Agency. In the event this Agreement is terminated by a notice of termination from the Contract Agency in accordance with Section 23 below, it shall be the Contract Agency's obligation to transport the Contract Agency's Prisoners at its own expense, on or before the effective date of such termination. 14. PRISONER RIGHTS, ACCOUNTS AND PROGRAMS: (a) Early Release Credit and Discipline. The Contract Agency agrees that its policies if any, for early release credits shall allow no more credit for its prisoners than is allowed by the County under its policies. Contract Agency Prisoners confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for all prisoners at the County jail. With respect to Contract Agency Prisoners, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, pursuant to facility rules. No discipline prohibited by federal or state law will be permitted. The disciplinary policies and rules of the County jail will apply equally to Contract Agency Prisoner confined pursuant to this Agreement as applied to other prisoners confined to the Jail. KC-249-17 Page 6 of 11 Page 225 of 404 Back to Agenda (b) Prisoner Accounts. The County shall establish and maintain an account for each Contract Agency Prisoner and shall credit to such account all money received from a prisoner or from the Contract Agency on behalf of a prisoner. The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the prisoner for personal needs. (c) Programs. The County shall provide Contract Agency Prisoners with access to all educational, recreational and social service programs offered at the County jail under the terms and conditions applicable to all other prisoners at the jail. (d) Serve Time Outside of Facility. Contract Agency Prisoners, if deemed eligible, will be allowed to leave the jail for participation in correctional work crews, or any other program in which other prisoners sometimes are allowed to leave the physical confines of the jail as part of serving their sentence. 15. ACCESS TO FACILITY AND PRISONERS: (a) Access to Facility. The Contract Agency shall have the right to inspect, at mutually agreeable times, the County jail in order to confirm such jail maintains standards acceptable to the Contract Agency and that its prisoners are treated appropriately. The County agrees to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws. (b) Access to Prisoners. Contract Agency personnel shall have the right to interview prisoners from the Contract Agency at any reasonable time within the jail. Contract Agency officers shall be afforded equal priority for use of jail interview rooms. 16. ESCAPES AND DEATHS: (a) Escapes. In the event of an escape by a Contract Agency Prisoner from the County jail, the Contract Agency will be notified as soon as practical. The County will have the primary authority to direct the investigation and to pursue the prisoner within its jurisdiction. Any costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County. The County will not be required to pursue and return the Contract Agency's escaped prisoner from outside of the County. (b) Deaths. (1) In the event of a death of a Contract Agency Prisoner in the County jail, the Contract Agency shall be promptly notified in writing. Kitsap County Sheriff's Office will investigate the circumstances. The Contract Agency may join in the investigation and receive copies of all records and documents from the investigation. (2) The County shall, subject to the authority of the Kitsap County Coroner, follow the written instructions of the Contract Agency regarding the disposition of the body. Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death. All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency. With written consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto, and the Contract Agency shall be responsible for all such expenses. This paragraph defines the obligations between the parties to this Agreement and shall not affect the liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. Notwithstanding the above, all expenses related to the death of a Contract Agency Prisoner in the County jail resulting from physical injuries incurred while under the care, custody and control of the County shall be the responsibility of the County. KC-249-17 Page 7 of 11 Page 226 of 404 Back to Agenda 17. POSTING OF BAIL: The County shall serve as agent for the Contract Agency in receipt of any bail bonds or any monies posted for or by a Contract Agency's prisoner with the County, and any such bonds or monies will be promptly forwarded to the proper agency. 18. RECORD KEEPING: The County agrees to maintain a system of record keeping relative to the booking and confinement of each Contract Agency Prisoner consistent with the record keeping by the County for all other prisoners. The County shall make copies of said records available without cost to the Contract Agency upon its request. 19. INDEMNIFICATION, HOLD HARMLESS AND INSURANCE: (a) The Contract Agency agrees to defend, indemnify and hold harmless the County, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from or alleged to have arisen from: (1) the Contract Agency's performance under this Agreement or as a consequence of any wrongful or negligent acts or omission of the Contract Agency, its appointed and elected officials, employees and agents; (2) wrongful detention of a Contract Agency Prisoner as a result of the Contract Agency's actions; and (3) failure or refusal to timely release a Contract Agency Prisoner as a result of the Contract Agency's actions. To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's indemnification obligation hereunder shall be limited to the Contact Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (b) The County agrees to defend, indemnify and hold harmless the Contract Agency, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from, or alleged to have arisen from: (1) the County's performance under this Agreement or as a consequence of any wrongful or negligent acts or omission of the County, its appointed and elected officials, employees and agents; (2) wrongful detention of a Contract Agency Prisoner as a result of the County's actions; and (3) the County's failure or refusal to timely release a Contract Agency Prisoner. KC-249-17 Page 8 of 11 Page 227 of 404 Back to Agenda To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, agents, or employees, the County's indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. Solely for the purposes of this indemnification provision, the Contract Agency expressly waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually agreed upon by the parties. (c) Insurance Requirement. The County and the Contract Agency shall maintain and provide evidence of liability coverage. The terms of Section 19, "INDEMNIFICATION, HOLD HARMLESS AND INSURANCE" shall survive the termination or expiration of this Agreement. 20. NON-DISCRIMINATION POLICY: The County and the Contract Agency agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or veteran status, or the presence of any physical, mental, or sensory handicap. 21. ADMINISTRATION/DISPOSAL OF PROPERTY: This Agreement is executed in accordance with the authority of Chapter 39.34 RCW, the Interlocal Cooperation Act. Pursuant to the provisions of RCW 39.34.030, the Kitsap County Sheriff shall be responsible for administering the confinement of prisoners hereunder. No real or personal property will be jointly acquired by the parties under this Agreement. All property owned by each of the parties shall remain its sole property to hold and dispose of in its sole discretion. 22. DURATION: The initial term of this Agreement shall be effective from January 1, 2018 through December 31, 2018 unless another date is substituted pursuant to Section 26, or the agreement is terminated earlier pursuant to Section 23. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house prisoners with the County. 23. TERMINATION: This Agreement may be terminated for the convenience of either party prior to expiration by written notice from such party delivered by regular mail to the designated representative at the address set forth herein. Termination by said notice shall become effective one hundred twenty (120) days after receipt of such notice. For the information of the other party, but not as a condition affecting the effectiveness of the notice, the notice shall set forth the reason the party has decided to terminate the Agreement and the specific plan for accommodating Contracting Agency Prisoners to be affected, if any. 24. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor does payment of a billing or continued performance, after notice of a deficiency in performance, constitutes acquiescence thereto. KC-249-17 Page 9 of 11 Page 228 of 404 Back to Agenda 25. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and agree that they are familiar with the provisions of RCW 39.34.180(3), as now in effect, and that of their own free will they hereby expressly waive any and all rights under RCW 39.34.180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may possess. The parties further agree that such level of compensation and all other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in writing executed by the parties. 26. MODIFICATION: This Agreement may only be modified by written instrument signed by both Parties. . The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and to a prisoner's confinement under this Agreement. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and in the event of dispute; the venue for any action brought hereunder shall be in Kitsap County Superior Court. 28. MISCELLANEOUS: In providing these services to the Contract Agency,. the County is an independent contractor and neither its officers, agents, nor employees are employees of the Contract Agency for any purpose including responsibility for any federal or state tax, industrial insurance or Social Security liability. No provision of services under this Agreement shall give rise to any claim of career service or civil service right, which may accrue to an employee of the Contract Agency under any applicable law, rule, or regulation. 29. SEVERABILITY: If any provision of this contract shall be held invalid, the remainder of this contract shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. KC-249-17 Page 10 of 11 Page 229 of 404 Back to Agenda DATED this day of _ 1(l;T 2017 CITY OF PORT ORCHARD Robert Putaa suu, Mayor r Bra inearson, ity Jerk ATTEST: 1 Dana Daniels, Clerk of the Board DATED this j' day of 3)eJ-p-"&,Li�-�2017 COUNTY SHERIFF'S OFFICE BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON DATED this 2-2. day of 2018 ROBERT GELDER, Chair � w EDWARD E. WOLFE, Commissioner CHARLOTTE GARRIDO, Commissioner KC-249-17 Page 11 of 11 Page 230 of 404 Agenda Item No. Subject City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 40 Approval of a Purchase with CDW-G for Microsoft Product Licenses Meeting Date Prepared by Back to Agenda December 13, 2022 Noah Crocker Finance Director Atty Routing No.: N/A Atty Review Date: N/A Summary: The City utilizes a Microsoft Enterprise Agreement for its licensing of several Microsoft products, including: Office 365, Exchange Online, Windows 10, Microsoft Defender, and Windows Server. These products offer effective citywide communication and collaboration including email, instant messaging and online meetings, cloud file sharing, endpoint security and protection, and an enterprise portal platform. The City of Port Orchard will need to renew its licensing agreement, effective January 1, 2023 and is doing so by utilizing the State Contract. Per the city's procurement policy, IT solicited a quote from CDW-G, with whom the King County Directors Association (KCDA) has a contract for IT equipment and services. CDW-G submitted a proposal for new hardware, software licenses and implementation services. Attached is a purchase order for the proposed equipment, software licenses and implementation services. Recommendation: Staff recommends approving the Mayor to sign the attached purchase order. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the mayor to enter into an agreement with CDW-G to purchase Microsoft Licenses not to exceed $95,000 plus applicable taxes." Fiscal Impact: Included in the 2023-2024 Biennial Budget $95,000 Alternatives: Do not approve and provide alternative guidance. Attachment: Purchase Order, Quote Page 231 of 404 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Bill To: Attn: Accounts Payable City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ap@cityofportorchard.us PURCHASE ORDE P.O. No. 074-22 Date: November 30, 2022 Ship To: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Ordered By: Authorized Signature: >teve Havert =inance Department City Clerk or Authorized Representative Signature Qty Unit Price Total Microsoft Enterprise Agreement for Microsoft Office, Windows 10, Microsoft $85,550.64 $85,550.64 Defender and server licenses "Please see attached Quotation # MZQF714 for more information. IF TOTAL COST IS OVER $7,500.00 ATTACH PROCUREMENT DOCUMENTS THIS ORDER IS A CONFIRMATION yes THIS ORDER IS NOT A CONFIRMATION ACCOUNT CODE Subtotal $85,550.64 Sales Tax (9.2%) $7,870.66 Page 232 of 404 Bal Due $93,421.30 Back to Agenda PEOPLE Thank you for choosing CDW. We have received your quote. WHO G€TITHardware Software Services IT Solutions Brands Research Hub Review and Complete Purchase STEVE HAVERT, Thank you for considering CDW•G for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing. For all other customers, click below to convert your quote to an order. QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL MZQF714 9/26/2022 RENEWAL 7005945 $93,421.29 IMPORTANT - PLEASE READ Special Instructions: EA 8834829 Renewal QUOTE DETAILS ITEM QTY CDW# UNIT PRICE EXT. PRICE MS EA EXCH ONLINE PLAN P U 34 3083170 $37.67 $1,280.78 Mfg. Part#: 3MS-00001-12-SLG 1/1/2023-12/31/2023 Electronic distribution - NO MEDIA Contract: KCDA Catalog Agreement- Contract# 022-G (022-G) MS EA 0365 THREAT INTELLIGEN GCC P U 34 5107303 $47.12 $1,602.08 Mfg. Part#: GLN-00001-12-SLG 1/1/2023-12/31/2023 Electronic distribution - NO MEDIA Contract: KCDA Catalog Agreement- Contract# 022-G (022-G) MS EA PROJECT P3 GCC P USER 1 4381361 $282.74 $282.74 Mfg. Part#: 7MS-00001-12-SLG 1/1/2023-12/31/2023 Electronic distribution - NO MEDIA Contract: KCDA Catalog Agreement- Contract# 022-G (022-G) MS EA VISIO P2 GCC P USER 2 3576069 $141.37 $282.74 Mfg. Part#: P3U-00001-12-SLG 1/1/2023-12/31/2023 Electronic distribution - NO MEDIA Contract: KCDA Catalog Agreement- Contract# 022-G (022-G) MS EA M365 E5 GCC P U 110 6668197 $632.02 $69,522.20 Mfg. Part#: AAL-45735-12-SLG 1/1/2023-12/31/2023 Electronic distribution - NO MEDIA Contract: KCDA Catalog Agreement- Contract# 022-G (022-G) MS EA WINSVRDCCORE ALNG LICSAPK 4 4690713 $2,435.75 $9,743.00 Page 233 of 404 QUOTE DETAILS (CONT.) 1/1/2023-12/31/2023 Electronic distribution - NO MEDIA Contract: KCDA Catalog Agreement- Contract# 022-G (022-G) MS EA SQL STD 2 CORE L/SA Mfg. Part#: 7NQ-00302-SLG 1/1/2023-12/31/2023 Electronic distribution - NO MEDIA Contract: KCDA Catalog Agreement- Contract# 022-G (022-G) 2 2728115 $1,418.55 $2,837.10 SUBTOTAL $85,550.64 SHIPPING $0.00 SALES TAX $7,870.65 GRAND TOTAL $93,421.29 PURCHASER BILLING INFO DELIVER TO Billing Address: Shipping Address: CITY OF PORT ORCHARD CITY OF PORT ORCHARD ACCTS PAYABLE ATTN:STEVE HAVERT 216 PROSPECT ST 216 PROSPECT ST PORT ORCHARD, WA 98366-5304 PORT ORCHARD, WA 98366-5304 Phone: (360) 876-4407 Phone: (360) 876-4407 Payment Terms: NET 30-VERBAL Shipping Method: ELECTRONIC DISTRIBUTION Please remit payments to: COW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Sales Contact Info Danny Higgins 1 (877) 625-7671 1 dannhig@cdwg.com LEASE OPTIONS FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $85,550.64 $2,293.61/Month $85,550.64 $2,649.50/Month Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted is subject to change. Why finance? • Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. • Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company's business cycles. • Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. • Technology Refresh. Keep current technology with minimal financial impact or risk. Add -on or upgrade during the lease term and choose to return or purchase the equipment at end of lease. • Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! We know your challenges and understand the need for flexibility. General Terms and Conditions: Page 234 of 404 Page 2 of 3 Back to Agenda This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners. Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. Need Help? My Account Support Call 800.800.4239 About Us I Privacy Policy I Terms and Conditions This order is subject to CDW's Terms and Conditions of Sales and Service Projects at http: //www. cdwa. com/content/terms-conditions/product-sales.asl)x For more information, contact a CDW account manager © 2022 CDW•G LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 1 800.808.4239 Page 235 of 404 Page 3 of 3 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8A Subject: Adoption of an Ordinance Amending Port Orchard Municipal Code 5.84 Concerning Utilitv Taxes Back to Agenda Meeting Date: December 13, 2022 Prepared by: Nicholas Bond, AICP Atty Routing No. Atty Review Date DCD Director N/A N/A Summary: The City of Port Orchard currently assesses a utility tax on the City's water, sewer, and stormwater utilities at a rate of 5%. Over the years, the city has grown its municipal boundary through annexation to include areas the are served by water and/or sewer utility providers other than the City of Port Orchard. However, POMC 5.84 has not been amended to extend this 5% utility tax to those other service providers creating a situation where city residents served by Port Orchard water and sewer are indirectly paying a tax that city residents served by other water and/or sewer providers do not pay. In fact, POMC 5.84 has not been updated since 1970. Utility taxes are a general fund revenue and under may be used for municipal programs, services, or capital projects as the council directs through the annual budget process. The proposed ordinance ensures that all utilities pay the same 5% utility tax rate on water, sewer, and stormwater utilities. In addition, the proposed ordinance clarifies processes and procedures for the collection of the tax by amending existing code language and adding new code sections. Where other service providers operate within the city limits, the city is allowed to impose either a franchise fee or utility taxes in accordance with state law, but not both. These charges are intended in part to compensate the city for the use of city right of way for utility purposes. The City has other chapters concerning utility taxes charged for electric, natural gas, telephone, and refuse providers and there are no changes proposed to these chapters. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends approval of an ordinance amending POMC 5.84 as presented. Motion for consideration: "I move to approve an ordinance amendment POMC 5.84 concerning utility taxes as presented." Fiscal Impact: The City's recently approved budget includes budgeted revenue consistent with the proposed ordinance. The city has forecasted annual additional revenues from the proposed ordinance as follows: City of Bremerton: $22,302.00 West Sound Utility District: $45,285.00 Page 236 of 404 Back to Agenda Staff Report 8A Page 2 of 2 Alternatives: The City Council could set the water, sewer, and stormwater utility tax rates for all customers at any rate it chooses. However, after reviewing alternatives, the Finance Committee recommended only that the city impose the existing 5% rate in all parts of the city to ensure equity. Attachments: Ordinance. Page 237 of 404 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REGARDING UTILITY TAXES, AMENDING CHAPTER 5.84 OF THE PORT ORCHARD MUNICIPAL CODE TO RENAME THE CHAPTER "WATER, SEWER, STORM BUSINESS AND OCCUPATION TAX", AND ADOPTING NEW SECTIONS 5.84.005, 5.84.008, 5.84.015, 5.84.020, 5.84.030, 5.84.040, 5.84.050, 5.84.060, 5.84.070, 5.84.080, 5.84.090, 5.84.100, 5.84.110, 5.84.120, 5.84.130, 5.84.140, 5.84.150 TO THE PORT ORCHARD MUNICIPAL CODE TO CREATE PROCEDURES FOR ADMINISTERING THE CHAPTER, AMENDING SECTION 5.84.010 OF THE PORT ORCARD MUNICIPAL CODE EXPAND THE IMPOSITION OF BUSINESS AND OCCUPATION TAXES FOR WATER AND SEWER UTILITIES TO ALL SUCH UTILITIES THAT OPERATE WITHIN THE CITY OF PORT ORCHARD, REDEFINING THE BUSINESSES SUBJECT TO THE FIVE PERCENT TAX TO INCLUDE ALL WATER AND SEWER BUSINESS PROVIDING SERVICE IN PORT ORCHARD; PROVIDING FOR REFERENDUM FOR CERTAIN PORTIONS OF THIS ORDINANCE; PROVIDING FOR IMPLEMENTATION, SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in accordance with RCW 35A.82.020 the City of Port Orchard has the authority to levy utility taxes; and WHEREAS, under Washington law the City may levy utility tax upon Cable TV, electricity, gas, sewer, stormwater, solid waste, steam, telephone services, and water; and WHEREAS, the City's utility tax on water and sewer was first enacted in 1970 and has not been expanded or increased since that time; and WHEREAS, POMC 5.84.010 imposes an excise tax on the gross incomes of municipal water and sewer utilities; and WHEREAS, POMC 5.84.010 has not historically imposed an excise tax on the gross incomes from water services or sewer services provided by other than the municipal utilities operated by Port Orchard which had led to only a portion of the City's residents being subject to this tax; and WHEREAS, in addition to the City of Port Orchard providing water and sewer services to properties in Port Orchard, Bremerton and West Sound Utility District also serve some customers inside the jurisdictional boundaries of Port Orchard; and WHEREAS, in order to create equity across the City, all customers who receive water and sewer services inside the Port Orchard jurisdictional boundaries should be subject to the same city taxes; and Page 238 of 404 Back to Agenda Ordinance No. _ Page 2 of 11 WHEREAS, the Washington Supreme Court held in Lakehaven Water & Sewer Dist. v. City of Fed. Way, 195 Wn.2d 742, 466 P.3d 213 (2020), that RCW 35A.82.020 gives cities the authority to impose excise taxes on utility districts, and the governmental immunity doctrine does not shield utility districts from excise taxes because the utilities perform a proprietary function by providing utility services to ratepayers; and WHEREAS, more than 150 cities and towns in Washington impose an excise tax on the gross incomes from water services and/or sewer services provided by public and private utilities; and WHEREAS, the City Council intends that the business activities of all public and private water services and sewer services in Port Orchard to be subject to an excise tax according to POMC 5.84.010; and WHEREAS, the City Council finds it necessary to expand the types of excise taxes levied by Port Orchard to create equity across the city and to pay for municipal services and expenses which are enjoyed by all residents in the city; and WHEREAS, the City Council must balance Port Orchard's need for new revenue sources to pay for basic municipal services with the burden of an excise tax on public and private water and sewer utilities; and WHEREAS, the City Council has determined that it is in the public's best interest that Port Orchard impose an excise tax on public and private utilities engaged in or carrying on the business of providing water and sewer services in Port Orchard; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The findings and recitals set forth above are hereby adopted and incorporated herein by this reference. Section 2. Chapter 5.84 of the Port Orchard Municipal Code is hereby retitled "Water, Sewer, Storm Business and Occupation Tax". Section 3. A new section 5.84.005 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.005 Power to license for revenue. The provisions of this chapter shall be deemed to be an exercise of the power of the City to license for revenue. Section 4. A new section 5.84.008 is hereby added to the Port Orchard Municipal Code to read as follows: Page 239 of 404 Back to Agenda Ordinance No. _ Page 3 of 11 5.84.008 Definitions. In construing the provisions of this chapter, except when otherwise plainly declared or clearly apparent from the context, the following definitions shall apply: (1) "Gross income" is the value preceding or accruing from the sale of tangible property or service, and receipts (including all sums earned or charged, whether received or not) by reason of the investment of capital in the business engaged in, including rentals, royalties, fees or other emoluments, however designated (excluding receipts or proceeds from the use or sale of real property or any interest therein, and proceeds from the sale of notes, bonds, mortgages, or other evidences of indebtedness, or stock and the like) and without any deduction on account of the cost of the property sold, the cost of materials used, labor costs, interest or discount paid, or any expense whatsoever, and without any deduction on account of losses, but allowing a deduction for the amount of credit losses sustained by the taxpayer during the period covered. (2) "Taxpayer" is any person liable to the license fee or tax imposed by this chapter. (3) "Tax period or taxable period" are the quarters ending on March 31st, June 30th, September 30th, and December 31st. (4) "Person" or "persons" mean persons of either sex, firms, co- partnerships, corporations and other associations of natural persons, whether acting by themselves or by servants, agents or employees. (5) "Sewerage system business" means and includes: (a) Sanitary sewage disposal sewers and facilities, including without limitation on -site or off -site sanitary sewer facilities consisting of an approved septic tank or septic tank systems, or any other means of sewage treatment and disposal; (b) Combined sanitary sewage disposal and storm or surface water drains and facilities; (c) Storm or surface water drains, channels and facilities; (d) Outfalls for storm drainage or sanitary sewage and works, plants, and facilities for storm drainage or sanitary sewage treatment and disposal; (e) Any combination of or part of any or all of such facilities. (6) "Water distribution business" means and includes every person engaged in the business of distributing, furnishing, or selling water services for commercial or domestic use or purpose. Page 240 of 404 Back to Agenda Ordinance No. _ Page 4 of 11 Section 5. Section 5.84.010 of the Port Orchard Municipal Code is hereby amended to read as follows: POMC 5.84.010 Rate — Payment — Purpose. There is levied upon, and there shall be collected from, every person, firm or corporation engaged in or carrying on the business of furnishing, for a monetary consideration, water distribution or sewerage system services, within or partly within the corporate limits of the City, an annual tax for the privilege of so doing, equal to five percent (5%) of the total gross revenue from such business in Port Orchard during the period for which the tax is due. whoch a nts shall be paid m nthly frern the w ateF and utility f- AP —IS r +h nr expeRse fund Thig- t-aw is impesed r r rh Section 6. A new section 5.84.015 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.015 Use and accountability of tax proceeds. All Revenues collected under this chapter shall be deposited into the general fund and shall be used to fund municipal programs, services, or capital projects as the council shall direct through its annual budget process. Section 7. A new section 5.84.020 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.020 Occupation license required. (1) No person shall engage in or carry on any business, occupation, pursuit or privilege for which a license fee or tax is imposed by this chapter without having first obtained, and being the holder of, a valid and subsisting license known as an occupation license. (2) Any taxpayer who engages in or carries on any business subject to the tax imposed by this chapter without having a valid occupation license is guilty of a violation of this chapter for each day during which the business is engaged in or carried on, and any taxpayer who fails or refuses to pay the license fee or tax on any part thereof on or before the due date shall be deemed to be operating without a license. Page 241 of 404 Back to Agenda Ordinance No. _ Page 5 of 11 Section 8. A new section 5.84.030 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.030 License period. All occupation licenses shall be for the calendar year for which issued and shall expire at the end of that year. Section 9. A new section 5.84.040 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.040 Payment of tax. Effective January 1, 2023, the tax due under this chapter shall be paid quarterly during the year, to be based upon gross income received during each quarter ending March 31st, June 30th, September 30th and December 31st. The tax shall be an amount equal to the percent of the gross income from the business of the taxpayer in the city during the previous quarter as set forth in POMC 5.84.010, and shall be due within 45 days after the end of the quarter. Section 10. A new section 5.84.050 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.050 Exceptions and deductions. (1) In computing the annual tax there shall be deducted from the gross operating revenues the following items: (a) The amount of credit losses and uncollectibles actually sustained by the taxpayer whose regular books are kept on an accrual basis, provided, that to be eligible for said deduction the taxpayer must provide proof of such credit losses and uncollectibles; (b) Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited from taxing under the Constitution of the United States or the Constitution of the State of Washington. (c) Charges by a taxpayer engaging in any water or sewer occupation activity subject to this chapter for sales of water or sewer services to any purchaser engaged in the same utility occupation activity that the purchaser buys for the purpose of resale. (2) Any person subject to the payment of a license fee or tax under the provisions of any ordinance of the City, other than this chapter, on account of engaging in any activity for which such person is liable to tax under this chapter may deduct the amount of such fee or tax imposed by this chapter on account of Page 242 of 404 Back to Agenda Ordinance No. _ Page 6 of 11 such activity, but such person shall nevertheless, in the manner herein provided for, apply for and procure an occupation license. (3) Nothing in this chapter shall be construed as requiring a license, or the payment of a license fee or tax, or the doing of any act which would constitute an unlawful burden or interference in violation of the Constitution or laws of the United States or which would not be consistent with the Constitution or laws of the State of Washington. Section 11. A new section 5.84.060 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.060 Application or return for license. (1) On or before the first day of each year, every taxpayer shall apply to the city finance director for an occupation license upon blanks or forms of returns to be prepared and provided by him, requesting such information as may be necessary to enable him to arrive at the lawful amount of the fee or tax. The taxpayer shall write in a legible manner in such blank or form of return the information required and shall sign the same, and by affidavit at the foot thereof shall swear or affirm that the information given is full and true and that he or she knows the same to be so. (2) Every such application or return shall be filed not later than 45 days after the last day of each year. (3) If the applicant is a partnership, the application or return must be made by one of the partners; if a corporation, by one of the officers thereof; if a foreign corporation, co -partnership or nonresident individual by the resident agent or local manager of said corporation, co -partnership or individual. Section 12. A new section 5.84.070 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.070 Sale or transfer of business. Upon the sale or transfer during any tax year of a business on account of which a fee or tax is hereby required, the purchaser or transferee shall, if the fee or tax has not been paid in full for the year, be responsible for its payment for that portion of the year during which such purchaser or transferee carried on such business. Section 13. A new section 5.84.080 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.080 Income records — Returns. Page 243 of 404 Back to Agenda Ordinance No. _ Page 7 of 11 (1) It shall be the duty of each taxpayer taxed upon the taxpayer's gross income to keep and enter in a proper book or set of books or records an account accurately reflecting the amount of the taxpayer's gross income, which account shall always be open to the inspection of the city finance director or duly authorized agent, and from which the officer or agent may verify the return made by the taxpayer. (2) To the extent permitted by Chapter 42.56 RCW and other applicable statutes, the applications, statements or returns made to the finance director according to this chapter shall not be made public, nor shall they be subject to the inspection of any person except the mayor, the city attorney, the finance director, and anyone working on the finance director's behalf. Section 14. A new section 5.84.090 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.090 Investigation of returns. If any taxpayer fails to apply for license or make the return, or if the city finance director is dissatisfied with the correctness of the statements made in the application or return of any taxpayer, the finance director or authorized agent may enter the premises of such taxpayer at any reasonable time for the purpose of inspecting the taxpayer's books or records of account in order to ascertain the amount of the fee or tax or to determine the correctness of such statements, as the case may be. The finance director or authorized agent may examine any person under oath, addressing the matters inquired into, or may fix a time for an investigation of the correctness of the return and may issue a subpoena to the taxpayer or any other person, to attend upon such investigation and there testify under oath administered by the finance director or agent, in regard to the matters inquired into and may, by subpoena, require the taxpayer or any person to bring such books, records and papers as may be necessary. Section 15. A new section 5.84.100 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.100 Over or Under payment of tax. (1) Overpayment. If the city finance director upon investigation or upon checking returns finds that the fee or tax paid on any of them is more than the amount required of the taxpayer, the finance director shall refund the amount overpaid upon the written request of the taxpayer. Any refund request not submitted within three years of an alleged overpayment shall be forever barred. (2) Underpayment. If the city finance director finds that the fee or tax paid is less than required, the finance director shall send a statement to the taxpayer showing the balance due, together with a penalty of 10 percent of the amount Page 244 of 404 Back to Agenda Ordinance No. _ Page 8 of 11 due, and the taxpayer shall, within 30 days, pay the amount shown thereon. If payment is not received by the finance director by the due date specified in the notice, the finance director shall add a penalty of an additional 25 percent of the amount of the additional tax found due. If the balance due, including all penalties, is not paid in full within 30 calendar days from the date specified, the penalty shall be increased by 15 percent of the amount due and the total amount due shall accrue interest at the rate of 12 percent per annum. If the finance director finds that all, or any part of, the deficiency resulted from an intent to evade the tax payable hereunder, a penalty of 50 percent of the additional tax found to be due shall be added and the amounts due, including penalties, shall accrue interest at the rate of 12 percent per annum from the date the tax became due and the date payment is actually made. Section 16. A new section 5.84.110 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.110 Failure to pay tax; liability and penalties (1) If any taxpayer fails to apply for license, or to make the return or to pay the fee or tax or any part thereof within 30 days after the tax is due, the city finance director shall ascertain the amount of the fee or tax or installment due and shall notify the taxpayer who shall be liable therefor in any suit or action by the city for the collection of the tax. The city finance director shall also notify the city attorney in writing of the name of the delinquent taxpayer and the amount due from such taxpayer and the city attorney shall, with the assistance of the city finance director, collect the same by any appropriate means or by suit or action in the name of the city. (2) If a person subject to this tax fails to pay any tax required by this chapter within 15 calendar days after the due date thereof a penalty of 10 percent of the amount of such tax shall be added to the tax, and any tax due under this chapter that is unpaid and all penalties thereon shall constitute a debt to the city and may be collected by a collection agency or court proceedings, which remedy shall be in addition to all other remedies. If the City of Port Orchard prevails on any claim that a taxpayer is in noncompliance with the terms of this chapter, Port Orchard shall be entitled to an award of its attorneys' fees, court costs and fees, and other professional expenses associated with prosecuting the action. Section 17. A new section 5.84.120 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.120 Appeals to city council. (1) Any taxpayer aggrieved by the amount of the fee or tax found by the city finance director to be required under the provisions of this chapter, may appeal to the city council from such finding by filing a written notice of appeal Page 245 of 404 Back to Agenda Ordinance No. _ Page 9 of 11 with the city clerk within 30 days from the time the taxpayer was given notice of the amount. If the determination being appealed is the amount of the tax or fee due, the amount determined by the finance director must be paid to Port Orchard under protest before filing an appeal. The clerk shall, as soon as practicable, fix a time and place for the hearing of the appeal, which time shall be not more than 30 days after the filing of the notice of appeal, and shall cause a notice of the time and place thereof to be delivered or mailed to the appellant. At such hearing the taxpayer shall be entitled to be heard and to introduce evidence in his or her own behalf. The city council shall thereupon ascertain the correct amount of the fee or tax by resolution and the city clerk shall immediately notify the appellant. The amount of the tax, together with costs of the appeal if appellant is unsuccessful therein, must be paid within 30 days after such notice is given. (2) The mayor may, by subpoena, require the attendance of any person at the hearing of the appeal and may also require the production of any pertinent books and records. Any person served with such subpoena shall appear at the time and place stated therein and produce the books and records required, if any, and shall testify truthfully under oath administered by the mayor as to any matter required of such person pertinent to the appeal, and it shall be unlawful for such person to fail or refuse to do so. Section 18. A new section 5.84.130 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.130 Finance director to make rules. The city finance director shall have the power and the duty, from time to time, to adopt, publish and enforce rules and regulations not inconsistent with this chapter or with law for the purpose of carrying out the provisions thereof. It shall be unlawful to violate or fail to comply with any such rule or regulation. Section 19. A new section 5.84.140 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.140 Licenses posted — Nontransferable. (1) All licenses issued pursuant to the provisions of this chapter shall be kept posted by the licensee in a conspicuous place in the licensee's principal place of business. (2) No persons to whom a license has been issued pursuant to this chapter shall allow any other person chargeable with a separate license to operate under or display his or her license, nor shall such other person operate under or display such license. Page 246 of 404 Back to Agenda Ordinance No. _ Page 10 of 11 Section 20. A new section 5.84.150 is hereby added to the Port Orchard Municipal Code to read as follows: 5.84.150 False returns, etc. It shall be unlawful for any person liable for taxes hereunder to fail or refuse to make application or return for a license or to pay the fee or tax or installment when due, or for any person to make any false or fraudulent application or return or any false statement of representation in, or in connection with, any such application or return. It shall be unlawful for any person to aid or abet another in any attempt to evade payment of the fee or tax, or any part thereof, or for any person to fail to appear and/or testify in response to subpoena issued pursuant hereto, or to testify falsely upon any investigation of the correctness of a return, or upon the hearing of any appeal, or in any manner to hinder or delay the city or any of its officers in carrying out the provisions of this chapter. Section 21. Portion of Ordinance Subject to Referendum. The provision of this Ordinance which imposes taxes, namely Section 5, is subject to the referendum procedure as follows: 1. A referendum petition seeking to repeal this ordinance shall be filed with the City Clerk who shall be designated the person to receive petitions of all types within seven (7) days of the passage by the City Council of this ordinance or publication thereof whichever is later. 2. Within ten days the City Clerk shall confer with the petitioner concerning the form and style of the petition issue an identification number for the petition and cause to be written a ballot title for the measure. 3. The ballot title shall be posed as a question so that an affirmative answer to the question and an affirmative vote on the measure results in the tax or tax rate increase being imposed and a negative answer to the question and a negative vote on the measure results in the tax or tax rate increase not being imposed. The petitioner shall be notified of the identification number and ballot title within this ten (10) day period. 4. After notification of the identification number and ballot title the petitioner shall have 30 days in which to secure on petition forms the signatures of not less than 15 percent of the registered voters of the City and to file the signed petitions with the City Clerk. 5. Each petition form shall contain the ballot title and the full text of the measure to be referred. The City Clerk shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted the City Clerk shall cause the referendum measure to be submitted to the City voters at the next election within the City or at a special election as provided pursuant to RCW 35.17.260(2). Page 247 of 404 Back to Agenda Ordinance No. _ Page 11 of 11 Section 22. Implementation and Authority. The Mayor, Finance Director, City Clerk, and City Attorney are directed and authorized to take such actions as necessary to implement this Ordinance consistent with state and local laws. The Finance Director is authorized to adopt administrative policies/rules to implement this Ordinance. In addition, during the first year of implementation of this Ordinance, the Finance Director has the authority to provide, at a taxpayer's request, up to a one -quarter year delay in applicability of the taxes contained herein if that taxpayer was not previously included as a taxpayer under Chapter 5.84 POMC as it existed prior to this Ordinance's adoption. Section 23. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause, or phrase of this ordinance. Section 24. Corrections. Upon the approval of the city attorney, the city clerk is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. Section 25. Effective Date. This ordinance shall be in full force and effect five (5) days after publication as provided by law. However, Section 5 of this ordinance shall not be in full force and effect until 12:01 AM on January 1, 2023. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 13t" day December 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk /_1991081y"D _V1210110110k ygo] �Yi]a Charlotte A. Archer, City Attorney John Clauson, Council Member PUBLISHED: EFFECTIVE DATE: Page 248 of 404 Back to Agenda ;0 4 a Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8B Adoption of an Ordinance Adopting Annual Housekeeping Amendments under Port Orchard Municipal Code Titles 5, 10, and 20 Meeting Date: Prepared by: December 13, 2022 Nicholas Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: DCD staff continually tracks errors, inconsistencies, outdated references, and omissions in Title 20 POMC (Unified Land Use and Development Code) and gathers these into one corrections ordinance each year — generally known as the annual Title 20 "housekeeping ordinance". These proposed corrections to Title 20 for 2022 have been identified and the proposed action for the Planning Commission's review. Staff introduced the code sections identified to be addressed in the 2022 Housekeeping Ordinance at the September 6, 2022 Planning Commission meeting. At the October 4, 2022 Planning Commission meeting staff provided an explanatory document listing each correction in numerical order, in redline strikeout/underline format, with explanations at the head of each change. Generally, the revisions are described as follows: • POMC 5.88: Land classification applications are no longer applicable. • POMC 10.96: Repeal in its entirety as the City no longer runs an RV Park. • POMC 20.31.010(2) Zones established: Include the McCormick Village Overlay District (MVOD) as an established overlay district. • POMC 20.32.010(8) Building Type descriptions: Amend minimum number of units required for townhome building type in the Residential 2 district. Amendment is consistent with the minimum requirements of townhouse building type. • POMC 20.32.090 Townhouse: Amendment creates consistency with minimum number of units required of the townhouse building type in POMC 20.32.010 and an amendment to garage door restrictions provides reference to residential design standards for clarification. • POMC 20.39.250(1) Parks and open space: Amendment reformats specific uses as subsections of defined use. • 20.39.355 Personal services: Incorporates Director's Interpretation LU21-03 into POMC Title 20, in accordance with the requirements of POMC 20.10.040(5)(b) (Director's Decision — Time Limitation) to include "massage parlor" as a use in 20.39.355 Personal services. • 20.100.070 Cul-de-sac streets: Amendment creates consistency with the City of Port Orchard Public Works Standards and Specifications regarding minimum right-of-way and paving widths. • 20.124.040 Bicycle parking required: POMC 20.124.040(11) Amendment clarifies reduction to required off-street parking applies only to nonresidential development. • 20.127.160 Landscaped block frontage standards: POMC 20.127.160(1) Amendment corrects typographic error. • 20.127.330 Nonmotorized circulation and design: POMC 20.127.330(4)(b) Amendment provides relief from additional walkway width when wheel stops are used as permitted in POMC 20.124.100. Page 249 of 404 Back to Agenda Staff Report 813 Page 2 of 2 • 20.132.210 Freestanding signs: POMC 20.132.210(3)(a) Amendment corrects typographic error. • 20.180.004 Exempt development: POMC 20.180.004(1)(r) Amendment clarifies Tenant Improvement applications are only exempt from concurrency requirements when a change of use does not occur. • 20.200.018 Appeals: POMC 20.200.018 Amendment corrects incorrect reference. Staff discussed the housekeeping amendments with the Land Use Committee on October 19, 2022 where the Committee directed staff to continue with the proposal as drafted. Staff notified the Department of Commerce of the proposed changes on October 14, 2022 and requested an expedited 15-day review for comment after the issuance of a SEPA Determination of Nonsignificance on October 14, 2022. However, the Department of Commerce denied the expedited review request and instead utilized the standard 60-day review which expires on December 13, 2022. As of the date of Report preparation, the Department of Community Development has not received comments regarding the proposed code amendment. The Planning Commission, after hearing testimony in support of the proposed ordinance at a properly noticed public hearing on November 1, 2022, recommended approval of the ordinance by the City Council. Relationship to Comprehensive Plan: Implementation of various Goals and Policies of the Comprehensive Plan Recommendation: Staff recommends approval of the proposed amendments to Titles 5, 10, and 20 of the Port Orchard Municipal Code for Housekeeping purposes; repealing Section 5.88.010 POMC and Chapter 10.96 POMC; amending the following sections of the POMC: 20.31.010, 20.32.010, 20.39.250, 20.39.355, 20.100.070, 20.124.040, 20.127.160, 20.127.330, 20.180.040 and 20.200.018 as presented. Motion for consideration: "I move to adopt an ordinance amending in Port Orchard Municipal Code to Titles 5, 10, and 20 for Housekeeping purposes, as presented." Fiscal Impact: None Alternatives: Do not approve the proposed amendments Attachments: Ordinance Page 250 of 404 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING MINOR REVISIONS AND CORRECTIONS TO TITLES 5, 10, AND 20 OF THE PORT ORCHARD MUNICIPAL CODE (POMC) FOR HOUSEKEEPING PURPOSES; REPEALING SECTION 5.88.010 POMC AND CHAPTER 10.96 POMC; AMENDING THE FOLLOWING SECTIONS OF THE POMC: 20.31.010, 20.32.010, 20.39.250, 20.39.355, 20.100.070, 20.124.040, 20.127.160, 20.127.330, 20.180.040 AND 20.200.018; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on June 13, 2017, the Port Orchard City Council adopted ordinance 019- 17 establishing a new unified development code (Title 20 POMC); and WHEREAS, since the adoption of ordinance 019-17, on an annual basis the City has docketed, considered and adopted amendments to Title 20, to correct minor errors and internal conflicts and to clarify development regulations, pursuant to Chapter 20.06.020(7); and WHEREAS, the City may adopt amendments to the City's development regulations pursuant to RCW 36.70A.106; and WHEREAS, on October 14, 2022, the City submitted to the Department of Commerce a request for expedited review of the proposed minor revisions and corrections to Title 20, pursuant to RCW 36.70A.106(3)(b); and WHEREAS, on October 14, 2022, the City's SEPA official issued a determination of non - significance for the proposed adoption of minor revisions and corrections to Title 5, 10 and 20, and there have been no appeals; and WHEREAS, on October 19, 2022, the City Council's Land Use committee reviewed the proposed minor revisions and corrections to Title 5, 10 and 20, and directed staff to bring an ordinance to the full Council for review; and WHEREAS, on November 1, 2022, the Planning Commission held a duly -noticed public hearing on the proposed adoption of minor revisions and corrections to Titles 5, 10, and 20, and the Planning Commission recommended approval of the proposed ordinance; and WHEREAS, the City Council, after careful consideration of the recommendation from the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent with the City's Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of the City and further advance the public health, safety and welfare; now, therefore, Page 251 of 404 Back to Agenda Ordinance No. _ Page 2 of 24 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as findings in support of this ordinance. SECTION 2. The Port Orchard Municipal Code, Section 5.88.010, is hereby repealed in its entirety. SECTION 3. The Port Orchard Municipal Code, Chapter 10.96, is hereby repealed in its entirety. SECTION 4. The Port Orchard Municipal Code, Section 20.31.010, is hereby amended to read as follows: 20.31.010 Zones established. (1) The following zones are hereby established: (a) Greenbelt (GB). (b) Residential 1 (111). (c) Residential 2 (112). (d) Residential 3 (113). (e) Residential 4 (R4). (f) Residential 5 (115). (g) Residential 6 (R6). (h) Residential mixed use (RMU). (i) Neighborhood mixed use (NMU). (j) Commercial mixed use (CMU). (k) Business professional mixed use (BPMU). (1) Downtown mixed use (DMU). (m) (Downtown) Gateway mixed use (GMU). (n) Commercial corridor (CC). (o) Commercial heavy (CH). (p) Industrial flex (IF). (q) Light industrial (LI). (r) Heavy industrial (HI). (s) Civic institutional (CI). (t) Parks and recreation (PR). (u) Public facilities (PF). (2) The following overlay districts are hereby established: Page 252 of 404 Back to Agenda Ordinance No. _ Page 3 of 24 (a) View protection overlay district (VPOD). (b) Downtown height overlay district (DHOD). (c) Self -storage overlay district (SSOD). (d) Ruby Creek overlay district (RCOD). e) McCormick Village Overlay District (3) The location and boundaries of the various zones are shown on the city's adopted zoning map and are codified in this title and made a part of this title. Overlay district boundaries may be shown on the city's adopted zoning map, may be codified elsewhere in this code, or be adopted as a standalone map. Changes in the boundaries of the zones or overlay districts, including application or amendment or interim zoning, shall be made by ordinance adopting or amending the zoning map or alternatively in the case of an overlay district, by amending the standalone overlay district map or code section. (4) Maps may be kept electronically in a geographic information system (GIS). Copies published online or electronically do not constitute originals. Map originals must be kept on file with the Port Orchard city clerk and must indicate the date of the adoption and most recent amendment. SECTION S. The Port Orchard Municipal Code, Section 20.32.010, is hereby amended to read as follows: 20.32.010 Building type descriptions. (1) Detached House. (a) A building type that accommodates one dwelling unit on an individual lot with yards on all sides. A new manufactured home shall be considered a detached house for the purposes of this title. "New manufactured home" means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2). A new manufactured home shall be treated as a detached house for the purposes of this title. e f L �4 J � � J (b) Zones where permitted: R1, R2, R3, R6, NMU, BPMU, GB. (2) Backyard Cottage. (a) A small self-contained accessory dwelling located on the same lot as a detached house but physically separated. Page 253 of 404 Back to Agenda Ordinance No. _ Page 4 of 24 f 4 f r y x w (b) Zones where permitted: R1, R2, R3, R6, NMU, BPMU, GB. (3) Cottage Court. (a) A building type that accommodates five to 12 detached dwelling units organized around an internal shared courtyard. * k L fi k ' y ! I k M J (b) Zones where permitted: R1, R2, R3, R6, NMU, BPMU. (4) Duplex: Side -by -Side. (a) A building type that accommodates two dwelling units on an individual lot separated vertically side by side that share a common wall. f ti k � � r f f (b) Zones where permitted: R2, R3, NMU, BPMU. (5) Duplex: Back -to -Back. (a) A building type that accommodates two dwelling units on an individual lot separated vertically with one unit located directly behind the other unit that share a common wall. max{ r fi Page 254 of 404 Back to Agenda Ordinance No. _ Page 5 of 24 (b) Zones where permitted: R2, R3, NMU, BPMU. (6) Attached House. (a) A building type that accommodates two attached dwelling units located on two separate lots that share a common wall along a lot line. PIP. k k J f{ � 4 J (b) Zones where permitted: R2, R3, NMU, BPMU. (7) Fourplex. (a) A building type that accommodates three to four dwelling units vertically or horizontally integrated. (b) Zones where permitted: R3, R4, R5, NMU. (8) Townhouse. (a) A building type that accommodates three or more dwelling units where each unit is separated vertically by a common side wall and located on its own lot. Units cannot be vertically mixed. A subdivision or short subdivision may be required to construct townhouse units. k k k ti 4 � x k f (b) Zones where permitted: R2 (two to three to four dwelling unit buildings only), R3, R4, R5, NMU, CMU, GMU, BPMU. (9) Apartment. (a) A building type that accommodates five or more dwelling units vertically and horizontally integrated. Page 255 of 404 Back to Agenda Ordinance No. _ Page 6 of 24 (b) Zones where permitted: R3, R4, R5, NMU, CMU, GMU. (10) Live -Work. (a) A building type that accommodates three or more units. Units allow for residential and nonresidential uses in the same physical space. Units may be vertically or horizontally mixed. 4 f f k {J k k k �f k } w (b) Zones where permitted: RMU, NMU, CMU, GMU, DMU, IF, CC. (11) Shopfront House. (a) A building type that typically accommodates ground floor retail, office or commercial uses with upper -story residential or office uses at a scale that complements the existing residential character of the area. � r � r v (b) Zones where permitted: NMU, CMU, RMU, GMU, CC, BPMU. (12) Single -Story Shopfront. (a) A single -story building type that typically accommodates retail or commercial uses. Page 256 of 404 Back to Agenda Ordinance No. _ Page 7 of 24 k k ti s f 4 k J { (b) Zones where permitted: CMU, CC, CH, DMU, GMU. (13) Mixed Use Shopfront. (a) A building type that typically accommodates ground floor retail, office or commercial uses with upper -story residential or office uses. #�� (b) Zones where permitted: BPMU, CMU, DMU, CC. (14) General Building. (a) A building type that typically accommodates ground floor retail, office, or commercial uses with upper -story residential or office uses. fx f 4 T (b) Zones where permitted: BPMU, CMU, GMU, CC, CH, IF, IL, IH, Cl, PR, PF. (15) Manufactured or Mobile Home Park. (a) A cluster of manufactured or mobile homes configured such that more than one mobile home is located on a lot, parcel, or tract. A manufactured or mobile home park typically features land or unsubdivided lots leased or rented by the manufactured or mobile home owner. (b) Zones where permitted: none. New manufactured or mobile home parks are not permitted. Existing legal nonconforming manufactured or mobile home parks may be maintained and the homes therein may be replaced. (16) Accessory Building. (a) An accessory building is any building of which the form and use are subordinate in both purpose and size, incidental to and customarily associated with a permitted principal Page 257 of 404 Back to Agenda Ordinance No. _ Page 8 of 24 building and use located on the same lot. SECTION 6. The Port Orchard Municipal Code, Section 20.32.090, is hereby amended to read as follows: 20.32.090 Townhouse. (1) Definition. A building type that accommodates t-we three or more dwelling units where each unit is separated vertically by a common side wall and located on its own lot. Units cannot be vertically mixed. A subdivision or short subdivision may be required to construct townhome units. (2) Districts where allowed: R2 (three to four unit residential attached only), R3, R4, R5, RMU, NMU, CMU, GMU, BPMU. Page 258 of 404 Back to Agenda Ordinance No. _ Page 9 of 24 (3) Lot and Placement. (a) Minimum site area: 5,000 square feet minimum. (b) Minimum site width: 70 feet. (c) Minimum lot area: set by district. (d) Minimum lot width: set by district. (e) Maximum lot coverage: set by district. (f) Primary street setback: set by district. (g) Side street setback: set by district. (h) Side interior setback: set by district. (i) Rear setback: set by district. (4) Dwellings allowed per site/lot: one minimum, no maximum. (5) Build -to Zone (BTZ). (a) Building facade in primary street BTZ: set by district. (b) Building facade in secondary street BTZ: set by district. (6) Height and Form. (a) Maximum principal building height: three stories/35 feet maximum. (b) Accessory structure: 24 feet maximum. (c) Minimum ground floor elevation: two feet minimum. Page 259 of 404 Back to Agenda Ordinance No. _ Page 10 of 24 (d) Unit width: 20 feet minimum. (e) Number of units permitted in a row: six maximum. (f) Transparency ground story: 20 percent minimum. (g) Transparency upper story: 20 percent minimum. (h) Blank wall area: 35 feet maximum. (i) Pedestrian Access. (i) Entrance facing primary street: required. (j) Building Elements Allowed. (i) Awning/Canopy. See POMC 20.122.020. (ii) Balcony. See POMC 20.122.030. (iii) Porch. See POMC 20.122.060. (iv) Stoop. See POMC 20.122.070. (k) Parking Location. (i) Front/corner yard restrictions: not allowed in front/corner yards. (ii) Garage door restrictions. See POMC 20.139.015. SECTION 7. The Port Orchard Municipal Code, Section 20.39.250, is hereby amended to read as follows: 20.39.250 Parks and open space. (1) Defined. Uses focusing on natural areas consisting mostly of vegetation, passive or active outdoor recreation areas, and having few structures. Parks and open space includes the following: (2a) Golf Course. A golf course is a public or private recreational facility that contains a golf course, and may contain ancillary facilities such as a driving range, pro shop, storage and maintenance buildings, clubhouse, meeting rooms and restaurant. (4b) Cemetery. Land or structures used for burial or internment of the dead. For purposes of this code, pet cemeteries are considered a subclassification of this use. (4c) Park, Recreation Field. An area used for outdoor play or recreation, often containing recreational equipment such as slides, swings, climbing frames, ballfields, soccer fields, basketball courts, swimming pools, and tennis courts. May include passive and active recreation. SECTION 8. The Port Orchard Municipal Code, Section 20.39.335, is hereby amended to read as follows: 20.39.355 Personal services. (1) Defined. A facility involved in providing personal or repair services to the general public. Personal services include, but are not limited to, the following: (a) Beauty, hair or nail salon; Page 260 of 404 Back to Agenda Ordinance No. _ Page 11 of 24 (b) Catering establishment; (c) Cleaning establishment, dry-cleaning or laundry drop-off facility, laundromat, washeteria; (d) Copy center, printing, binding, photocopying, blueprinting, mailing service; (e) Funeral home, funeral parlor, mortuary, undertaking establishment, crematorium; (f) Landscaping services; (g) Locksmith; (h) Optometrist; (i) Palmist, psychic, medium, fortunetelling; (j) Repair of appliances, bicycles, canvas product, clocks, computers, jewelry, musical instruments, office equipment, radios, shoes, televisions, watch or similar items; (k) Tailor, milliner or upholsterer; (1) Tattoo parlor or body piercing; (m) Taxidermist; (n) Tutoring; aa-d (o) Wedding chapel... and p) Massage parlor SECTION 9. The Port Orchard Municipal Code, Section 20.39.335, is hereby amended to read as follows: 20.100.070 Cul-de-sac streets. Except where projecting into adjacent unsubdivided areas, any street having only one vehicular access to another street shall be terminated by a permanent turnaround. Standards for both the turnaround and its street approach are set forth within this section. Exceptions to these standards shall be discouraged due to firefighting and solid waste collection requirements. Any turnaround, either temporary or permanent, that does not meet these requirements shall be permanently signed for no parking or marked as a fire lane in accordance with the adopted PWESS. (1) That portion of any street extending from an intersection to a turnaround shall be improved and rights -of -way platted with the minimal dimensions provided in Table 20.100.070(1) below. Table 20.100.070(1): Width for Cul-de-sac Streets for Certain Activities Activity Served Paving Width* Right -of -Way Width Additional Requirements Less than 12 3-2-L20' -5-2-L45' 300 feet maximum dwellings length 12 — 25 dwelling 3420' 56L45' 450 feet maximum units length — Single- family, duplex only Nonresidential 94F3426' &6L52' 300 feet maximum zoning districts length Page 261 of 404 Back to Agenda Ordinance No. _ Page 12 of 24 (except as otherwise specified) Industrial districts 44)L26' 6L52' 300 feet maximum length * Measured from the front of adjoining curbs. ** Cul-de-sacs (dead-end streets) serving triplex, quadraplex and higher density multifamily uses shall be discouraged. Exceptions may be granted by the hearing examiner where no alternative exists and meeting the industrial districts standard or in infill development situations. (2) The turnaround portion of any cul-de-sac shall be improved, and rights -of -way platted, as prescribed below: Table 20.100.070(2): Width for Cul-de-sac Turnarounds for Certain Activities Activity Served Paving Width* Right -of -Way Width *** Residential and nonresidential zoning districts (except as otherwise specified) 90' diameter 110' diameterer 180' ...i+h ,Q_' --- +;1ity a R d Side ;k ease�r+e�t Shall he -, ^f,^' Mip Af ROW e RQW/Ease , eRt h„h;nd Industrial districts 44OL96' diameter 120' diameter * Measured to front of adjoining curbs. ** Ceye-A feet to p Yi der w, fA-r fgFe h.,.J.--,Rts -;;Ad- .,+he-F twi+iesi S+r d etlights aR ***�F ircaEE6*dcmEevcFth ti1{ieRg*ReeF*Rg stan.J-.Fds -,Rd speeifie-atiens. SECTION 10. The Port Orchard Municipal Code, Section 20.124.040, is hereby amended to read as follows: 20.124.040 Bicycle parking required. (1) Bicycle parking facilities shall be provided for new buildings or facilities, additions to or enlargements of existing buildings, or for changes in the use of buildings or facilities that result in the need for additional auto parking facilities in accordance with the parking requirements in POMC 20.124.140 and where required in Table 20.124.140. The director is authorized to approve modifications to these standards when the applicant successfully demonstrates that the proposed alternative layout, location, design or type of racking meets the intent of these standards. (2) The number of required bicycle parking spaces shall be calculated as shown in Table 20.124.140. Page 262 of 404 Back to Agenda Ordinance No. _ Page 13 of 24 (3) Individual bicycle parking spaces shall be a minimum of 75 inches long by 24 inches wide for each space. Where double -sided multi -racks are utilized resulting in overlapping of bicycle parking spaces, the minimum bicycle parking space for two bicycles shall be 100 inches long by 36 inches wide. (4) Bicycle parking racks shall be located in areas visible from public right-of-way and shall be provided with adequate lighting if intended for use after dark. A minimum of 50 percent of the required number of bicycle parking spaces shall be located within 50 feet of a public entrance to the building requiring bicycle parking spaces. (5) Bicycle parking racks shall support the bikes in a stable, upright position, without damage to wheels, frame or other components. (6) Bicycle parking racks shall support the frame of the bicycle at two points of contact and at least one wheel. Racks shall allow the frame and one wheel to be locked to the rack, regardless of whether the front wheel is removed or not. Racks shall be securely anchored. Racks shall accommodate a wide variety of sizes and types of bicycles, including those with water bottles or without kick stands. (7) Bicycle parking racks shall be permanently mounted/installed within private property on solid surfaces. Racks placed adjacent to sidewalks shall not encroach upon required pedestrian access ways, accessible routes or accessible passing space areas. (8) Access shall be provided to each required bicycle parking space. Aisles shall have a width of at least three feet to the front, rear or side of the bicycle parking spaces. (9) Racks shall be placed a minimum of 24 inches away from walls and other elements that may create an obstacle to accessing the bike parking spaces. (10) Where the required bicycle parking spaces cannot be properly located upon the property generating the need for bicycle parking, the owner or applicant of the property generating the need for bicycle parking may apply for a street use from the city for permission to locate the bicycle parking on city right-of-way. (11) New and existing nonresidential uses, buildings and facilities may substitute up to 10 percent of the required vehicular spaces for additional bike parking. Substitutions shall be made based on one vehicular parking space for at least six bicycle parking spaces. SECTION 11. The Port Orchard Municipal Code, Section 20.127.160, is hereby amended to read as follows: 20.127.160 Landscaped block frontage standards. (1) Description/Purpose. The landscaped block frontage designation emphasizes landscaped frontages and clear pedestrian connections between buildings and the sidewalk and serves the purpose of including attractive vegetation within the streetscape. This designation applies to all streets designated landscaped in POMC 20.127.130, Community design framework maps, and t#e all development in residential zones. Figure 20.127.160(1) Page 263 of 404 Back to Agenda Landscaped Block Frontage Vision and Key Standards Weather protection over entry Entry facingNOW the street Special facade y �9 I 4 transparency requirements Landscaped setback I, r Ordinance No. _ Page 14 of 24 (2) Standards. All development as set forth in POMC 20.127.130 on sites containing a landscaped block frontage designation must comply with the following standards (on applicable block frontages): Table 20.127.160(2) Landscaped Block Frontage Standards Element Standards Examples and Notes Building placement 10-foot minimum front See POMC 20.127.230 for setback, except where special design provisions greater setbacks are associated with ground level specified in the district in residential uses adjacent to a Chapter 20.122 POMC or sidewalk. where future right-of-way need and/or acquisitions have been identified in city plans. => Building entrances Building entrances must be visible and directly accessible from the street. =* For uses that front on multiple mixed designated block frontages, an entry along both streets is encouraged, but not required. Facade transparency 25 percent minimum for Also see POMC 20.127.140 buildings design with ground for additional clarification on level nonresidential uses. => transparency standards. 20 percent minimum for residential uses. =* Page 264 of 404 Back to Agenda Ordinance No. _ Page 15 of 24 Windows must be provided on all habitable floors of the facade. Facade transparency example. Weather protection Provide weather protection at least three feet deep over primary business and residential entries. Parking location Parking must be placed to -, All, Also see Chapter 20.124 the side, rear, below or POMC for related parking above uses. For multi - requirements building developments, surface and structured -_• parking areas (ground floor) are limited to no more than 1'�Ar15 50 percent of the street sa.ee° Muimum Sb%ol homage frontage. Private or shared garage entries must occupy no more than 50 percent of facade width. Provide a 10-foot minimum buffer of landscaping between the street and off- street parking areas meeting the standards of Chapter 20.128 POMC. => Page 265 of 404 Back to Agenda Ordinance No. _ Page 16 of 24 Landscaping The area between the street Also see Chapter 20.128 and building must be i 5 POMC for related landscaped, private porch or = ': landscaping standards patio space, and/or _ pedestrian -oriented space. For setbacks adjacent to buildings with windows, provide low level landscaping that maintains views —� between the building and the Example of low level street. landscaping that screens Also provide plant materials foundation walls, provides that screen any blank walls visual interest, and maintains and add visual interest at views from dwelling units to both the pedestrian scale and the street. motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. Sidewalk width Six-foot minimum sidewalks are required. Wider sidewalks may be required where designated in other code sections or in the public works standards. (3) Departure Criteria. Departures from the above standards that feature the => symbol will be considered by the reviewing authority (the director or hearing examiner, as appropriate), provided the alternative proposal meets the purpose of the standards, plus the following criteria: (a) Building Entrances. Block frontages with steep slopes and/or those facing busy arterial streets and very limited pedestrian traffic may warrant some flexibility to this standard (particularly in residential districts). (b) Facade Transparency. The proposed alternative design treatment of facade area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas. No less than 40 percent of the facade between 30 inches and 10 feet above the sidewalk may be approved with a departure. (c) Parking Location. There must be an acceptable tradeoff in terms of the amount and quality of landscaped area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate Page 266 of 404 Back to Agenda Ordinance No. _ Page 17 of 24 the visual impact of additional parking areas along designated landscaped streets. SECTION 12. The Port Orchard Municipal Code, Section 20.127.330, is hereby amended to read as follows: 20.127.330 Nonmotorized circulation and design. (1) Purpose. (a) To improve the pedestrian and bicycling environment by making it easier, safer, and more comfortable to walk or ride among residences, to businesses, to the street sidewalk, to transit stops, through parking lots, to adjacent properties, and to connections throughout the city. (b) To enhance access to on- and off -site areas and pedestrian/bicycle paths. (2) Access to Sidewalk. All buildings must feature pedestrian connections to a sidewalk per applicable block frontage standards in Article II of this chapter. See subsection (4) of this section for access design requirements. Figure 20.127.330(2) Examples of Direct Pedestrian Access to Buildings from the Street (3) Internal Circulation. (a) For sites with multiple buildings, pedestrian paths or walkways connecting businesses and residential entries on the same development site must be provided. Routes that minimize walking distances must be utilized to the extent practical. Departures will be allowed where steep slopes prevent a direct connection or where an indirect route would enhance the design and/or use of a common usable open space. See subsection (4) of this section for walkway design standards. Figure 20.127.330(3)(a) Internal and External Pedestrian Connections Are Important Page 267 of 404 Back to Agenda P4 conne "eight Ma Fully connected aedestrian system Open space Focal poinis Pedestrian connection to intersection Ordinance No. _ Page 18 of 24 (b) Sites with Residential Units. Provide direct pedestrian access between all ground related unit entries and a public street or to a clearly marked walkway network or open space that has direct access to a public street. Residential developments must provide a pedestrian circulation network that connects all main entrances on the site to other areas of the site, such as: (i) Parking areas. (ii) Recreational areas. (iii) Common outdoor areas. (iv) Any pedestrian amenities. For townhouses or other residential units fronting the street, the sidewalk may be used to meet this standard. Page 268 of 404 Back to Agenda Ordinance No. _ Page 19 of 24 Figure 20.127.330(3)(b)(i) Direct Walkways between the Street and Dwelling Units Are Required . -.. ..:Ih_.. The entries of the example on the left connect directly to a public sidewalk while the entries in the right example connect to a common path that extends to the sidewalk. Figure 20.127.330(3)(b)(ii) Examples of Attractive Pedestrian Connection through a Residential Development (c) Crosswalks are required when a walkway crosses an on -site paved area accessible to vehicles. Crosswalks must contain contrasting material (such as concrete) and/or patterns (such as stamped asphalt), excluding painted surfaces. (d) Pedestrian Walkways through Parking Lots. Developments with 50 parking spaces or more must provide specially marked or paved walkways through parking areas. At least one walkway must be provided every four rows of parking or at a maximum spacing of 200 feet. The walkways must provide a safe connection to the building entrance and meet the walkway design standards set forth in subsection (4) of this section. See examples below. Page 269 of 404 Back to Agenda Ordinance No. _ Page 20 of 24 Figure 20.127.330(3)(d) Parking Area Walkway Standards and Examples A* Note the location of the parking lot walkway in the upper right example (connecting shops in one building to the main entry of a grocery store). Note in both examples that the concrete walkway extends into the vehicular area to provide a highly visible and safe crosswalk. (e) Connections to Adjacent Properties (Including Parks and Trails). Except for when adjacent properties have less than five dwelling units, provide pedestrian walkways that connect to adjacent properties. Public sidewalks in the right-of-way shall not count towards this requirement. Departures will be allowed where it is determined that internal connections are not necessary or practical due to shallow lot depths, steep slopes, or other contextual challenges. (f) Barriers that limit future pedestrian access are prohibited. Gates that limit access to employees are permitted. See subsection (4) of this section for walkway design standards. Page 270 of 404 Back to Agenda Ordinance No. _ Page 21 of 24 (4) Walkway Design. (a) All internal pedestrian walkways must have a minimum five -foot -wide unobstructed walking surface, except where wider walkways are prescribed in this article or where the applicable uses and context dictate wider walkways. (b) Where parking is adjacent to perpendicular or angled parking and does not utilize wheel stops as described in POMC 20.124.100, an extra two feet of walkway width must be provided to mitigate for parked vehicles overhanging the walkway. (c) Pedestrian walks must be separated from structures at least three feet for landscaping except where the adjacent building facade meets the storefront block frontage standards per POMC 20.127.120(2). Departures will be considered where other landscaping and/or facade design treatments to provide attractive walkways are proposed. Examples include sculptural, mosaic, bas-relief artwork, or other decorative treatments that meet the purpose. Figure 20.127.330(4)(c) below provides one example. 3' min Figure 20.127.330(4)(c) Standards for Internal Walkways Adjacent to Buildings +� Non -Pedestrian -Oriented Facade ■rrrrr ■■r■■r, o ": . Landscaping ■■■■mill I; ■ ■ ■ ■ ■ a ■ , � � I.:, ,. ,III a■■■srri � rA ■M■�rr�, i k __may �� ■■■o! it rorr 1■Mane walkway M w . ;' s . • id• ! Internal walkways adjacent to building walls that do not meet storefront facade standards must provide at least three feet of landscaping to enhance the character of the walkway. The reviewing authority will consider alternative treatments, such as decorative walls (right example). (d) Walkway design where multi -tenant commercial or mixed use buildings 100 feet or more in length abut parking lots. Such walkways must feature a 12-foot wide sidewalk with: (i) Eight feet minimum unobstructed width. (ii) Trees, as approved by the director or hearing examiner, placed at an average of 50 feet on -center and placed in grates or in planting strips as set forth in subsection (4)(d)(iii) of this section. Departure: Breaks in the tree coverage will be allowed near major building entries to enhance Page 271 of 404 Back to Agenda Ordinance No. _ Page 22 of 24 visibility. (iii) Planting strips may be used between any vehicle access or parking area and the walkway; provided, that the trees required above are included and the walkway meets the applicable width standards herein and the combined walkway and planting strip is at least 12 feet wide. (iv) See also POMC 20.127.340(4), internal roadway design. Figure 20.127.330(4)(d) Example of a Successful Pedestrian Sidewalk between Parking Lot and Storefront SECTION 13. The Port Orchard Municipal Code, Section 20.180.040, is hereby amended to read as follows: 20.180.004 Exempt development. (1) No development activity shall be exempt from the requirements of this chapter, unless the permit is listed below. The following types of permits are not subject to the capacity reservation certificate (CRC) process because they do not create additional long-term impacts on transportation facilities, additional sewer capacity in the city's waste water treatment plant, or a need for more potable water from the city's water system: (a) Administrative interpretations; (b) Sign permit; (c) Street vacations; (d) Demolition permit; (e) Street use permit; Page 272 of 404 Back to Agenda Ordinance No. _ Page 23 of 24 (f) Interior alterations of a structure with no change in use; (g) Excavation/clearing permit; (h) Hydrant use permit; (i) Right-of-way permit; (j) Single-family remodeling with no change of use; (k) Plumbing permit; (1) Electrical permit; (m) Mechanical permit; (n) Excavation permit; (o) Sewer connection permit; (p) Driveway or street access permit; (q) Grading permit; (r) Tenant improvement permit with no change in use; (s) Fire code permit; (t) Design review. Notwithstanding the above, if any of the above permit applications will generate any new p.m. peak hour trips, require additional sewer capacity, or increase water consumption, such application shall not be exempt from the requirements of this chapter. (2) Transportation. This chapter shall apply to all applications for development or redevelopment if the proposal or use will generate any new p.m. peak -hour trips. Every application for development shall be accompanied by a capacity reservation certificate application. Developments or redevelopments that will generate one or more new projected vehicle trips that will pass through an intersection or roadway section identified with a level of service below the acceptable level noted in the transportation element in the city's comprehensive plan, or that will generate 15 or more new p.m. peak hour trips, shall also be required to submit information for a traffic report pursuant to POMC 20.180.011(2)(b). (3) Water. This chapter shall apply to all applications for development or redevelopment if the proposal or use requires water from the city's water system (not West Sound Utilities). In addition, this chapter shall apply to existing developments to the extent that the property owner requires water for a use not disclosed on a previously submitted water service application or a previously submitted application for a capacity reservation certificate. (4) Sewer. This chapter shall apply to all applications for development or redevelopment if the proposal or use requires sewer from the city's sewer system (not West Sound Utilities). In addition, this chapter shall apply to existing developments to the extent that the property owner requires sewer for a use not disclosed on a previously approved request for sewer service or a previously approved application for a capacity reservation certificate. SECTION 14. The Port Orchard Municipal Code, Section 20.200.018, is hereby amended to read as follows: 20.200.018 Appeals. Page 273 of 404 Back to Agenda Ordinance No. _ Page 24 of 24 Whenever the fire code authority shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the codes do not apply or that the true intent and meaning of the codes have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire authority within 30 days from the date of the decision in accordance with Section 4G9 113 of the 2018 Edition of the International Fire Code, as adopted herein. SECTION 15. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 16. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 17. Effective Date. This ordinance shall be published in the official newspaper of the city and shall take full force and effect five (5) days after the date of publication. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 131" day of December 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 274 of 404 Back to Agenda City of Port Orchard 216 , Orchard, Prospect Street Port WA 98366 p 20� (360) 876-4407 • FAX (360) 895-9029 � Agenda Staff Report Agenda Item No.: Business Item 8C Subject: Adoption of an Ordinance Amending Port Orchard Municipal Code Section 20.132 Meeting Date: December 13, 2022 Prepared by: Nicholas Bond, AICP Creating New Code Language to Allow Atty Routing No. Subdivision Entry Signage Atty Review Date DCD Director N/A N/A Summary: On June 27, 2017 the City of Port Orchard adopted a sign code which is consistent with the Reed v. Town of Gilbert Decision issued by the Supreme Court of the United States (SCOTUS) in 2015. Port Orchard's current sign regulations address signage type, size, placement and design, but is entirely content - neutral. Currently, POMC 20.132 does not provide standards for free standing sign related to subdivision entry points. In fact, most subdivisions are not permitted free-standing signage based on the associated residential zoning designation. POMC 20.132.210(2)(b) requires a free-standing sign to be located a minimum of 30 feet from any residential zoned property. However, if the property is residentially zoned, a free-standing sign cannot be 30 feet from the property which it would be constructed or from itself. The proposed code amendment creates a free-standing sign type permitted in residential districts with specific development regulations related to sign area and height. The amendment creates certain location requirements in relation to subdivision entry points and defines what a subdivision entry sign is. Staff introduced draft subdivision entry sign regulations to the Planning Commission at the October 4, 2022 Planning Commission meeting where the Planning Commission requested that staff continue to review subdivision entry signage and develop an Ordinance to amend the Port Orchard Municipal Code creating a free-standing sign type for subdivision entries. Staff discussed the proposed Ordinance with the Land Use Committee on October 19 and November 16, 2022 where the Committee recommended that staff continue work on the proposal. Staff notified the Department of Commerce of the proposed changes on October 14, 2022 and requested an expedited 15-day review for comment after the issuance of a SEPA Determination of Nonsignificance on October 14, 2022. The Planning Commission, after hearing testimony in support of the proposed ordinance at a properly noticed public hearing on November 1, 2022, recommend approval of the ordinance by the City Council. Relationship to Comprehensive Plan: N/A Page 275 of 404 Back to Agenda Staff Report 8C Page 2 of 2 Recommendation: Staff recommends approval of the proposed amendments to Port Orchard Municipal Code 20.132 as presented. Motion for consideration: "I move to adopt an ordinance amending Port Orchard Municipal Code 20.132, as presented." Fiscal Impact: Permitting fees/costs associated with sign applications. Alternatives: Do not approve the proposed amendment, or provide staff direction to develop alternatives. Attachments: Ordinance Page 276 of 404 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REGARDING SUBDIVISION ENTRY SIGNS, AMENDING SECTIONS 20.132.040, 20.132.090, 20.132.210, AND 20.132.290, OF THE PORT ORCHARD MUNICIPAL CODE TO PROVIDE A FREE- STANDING SIGN TYPE FOR RESIDENTIAL SUBDIVISIONS PROVIDING FOR CORRECTIONS, SEVERABILITY, AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, a 2015 decision of the United States Supreme Court (Reed v. Town of Gilbert) necessitated a review of the City's sign regulations; and WHEREAS, the Reed decision ruled that, in most instances, local government sign regulations must be "content neutral"; and WHEREAS, on June 27, 2017, the City Council adopted Port Orchard Municipal Code (POMC) 20.132, Ord. 024-17, containing the City of Port Orchard's development standards for permanent and temporary signage; and WHEREAS, POMC 20.132, does not make provision for a free-standing sign associated with residential subdivisions; and WHEREAS, the City Council desires to amend POMC Sections 20.132.040, 20.132.090, 20.132.210 and 20.132.320 to create development standards for a free-standing sign type for residential subdivisions; and WHEREAS, on October 14, 2022, the City's SEPA official issued a determination of nonsignificance for the proposed amendment, which was published and provided to the public in accordance with POMC 20.160.190 and WAC 197-11-510, and there have been no appeals; and WHEREAS, this Ordinance was submitted to the Department of Commerce for 15-day expedited review on October 14, 2022 which was granted by Commerce and the requisite time has now passed to allow this ordinance to be adopted; and WHEREAS, on October 14, 2022, the City issued a Notice of Public Hearing for the proposed amendments to POMC 20.132.040, 20.132.090, 20.132.210 and 20.132.320, which was published and provided to the public in accordance with POMC 20.25.050; and WHEREAS, the Planning Commission conducted a public hearing on the substance of this Ordinance on November 1, 2022, and recommended adoption by the City Council; and Page 277 of 404 Back to Agenda Ordinance No. Page 2 of 19 WHEREAS, the City Council, after careful consideration of the recommendation from the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent with the City's Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of the City and further advance the public health, safety and welfare; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated as if fully set forth herein. SECTION 2. The Port Orchard Municipal Code, Section 20.132.040, is hereby amended to read as follows: 20.132.040 Prohibited signs. No person shall erect, alter, maintain or relocate any of the following signs in the city: (1) Animated Signs. A rotating or revolving sign or signs where all or a portion of the sign moves in some manner. This includes any sign animated by any means, including: fixed aerial displays; balloons; pennants; spinners, propellers, whirling, or similar devices designed to flutter, rotate or display other movement under the influence of the wind, including flag canopies and feather signs not otherwise allowed in this chapter; streamers, tubes, or other devices affected by the movement of air or other atmospheric or mechanical means. This does not include historic signs and historic replica signs where the applicant is able to prove, through documentation or other evidence, that the original historic sign produced the same motion/movement and is proposed in the same location. A flag, as defined in this chapter, shall not be considered an animated sign. (2) Nuisance Signs. Any signs which emit smoke, visible particles, odors and sound, except that speakers in drive -through facilities shall be permitted. (3) Bench or furniture signs greater than one square foot in area. (4) Flashing Signs or Lights. A sign that contains an intermittent or flashing light source, or a sign that includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Flashing light sources are prohibited. Signs with an exposed light source, exceeding the equivalent of 25 watts per incandescent lamp, including clear light bulbs which do not flash on a theater marquee except for neon incorporated into the design of the sign are also prohibited. Electronic message center signs and digital signs are allowed under the provisions of POMC 20.132.200, Electronic message center (EMC) signs. Page 278 of 404 Back to Agenda Ordinance No. Page 3 of 19 (5) Hazardous Signs. Any sign that constitutes a traffic hazard or detriment to traffic safety by reason of its size, location, movement or method of illumination, or by obstructing the vision of drivers, or by distracting from the visibility of an official traffic control device by diverting or tending to divert the attention of drivers or moving vehicles from traffic movements on streets, roads, intersections or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians or by glare or method of illumination constitutes a hazard to pedestrians or traffic. No sign may interfere with, mislead or confuse traffic. (6) No sign may impede free ingress and egress from any door, window or exit way required by building and fire regulations. (7) Permanent Signs on Vacant Lots, Parcels or Easements. No permanent sign, except a subdivision entrance sign, shall be located on a vacant lot, parcel or easement. No permanent sign shall be located on a lot, parcel or easement as the principal use of that lot, parcel or easement. Signs may only be established as an accessory use to a principally permitted use. Provided, however, that subdivision entrance signs may be located on tracts under common ownership of a Homeowner's Association. (8) Portable signs on wheels (trailer signs), changeable copy portable signs and illuminated portable signs. (9) Abandoned signs. (10) Signs on utility poles or trees. (11) Off -Site Controlled Signs. Any sign that is programmed and/or controlled off site. SECTION 3. Section 20.132.090 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.132.090 Sign illumination. (1) General. No temporary sign may be illuminated. No sign located in a residential zone may be illuminated, except that on parcels two acres in size or greater or a subdivision entrance sign, signs may be halo illuminated or illuminated as necessary for allowable digital signs. Permanent signs allowed by this chapter may be nonilluminated, or illuminated by internal light fixtures, halo illuminated, or have external indirect illumination, unless otherwise specified. All illuminated signs shall comply with the time limitations of subsection (4) of this section. (2) Externally Illuminated Signs. (a) Except as provided in this subsection, externally illuminated signs shall be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare. Light shielding shall ensure that the lamp or light source is not visible beyond the premises and shall further ensure that the light is contained within the sign face. Page 279 of 404 Back to Agenda Ordinance No. Page 4 of 19 (b) A light fixture mounted above the sign face may be installed with its bottom opening tilted toward the sign face, provided: (i) The bottom opening of the light fixture is flat (i.e., it could be covered by a flat board allowing no light to escape); and (ii) The uppermost portion of the fixture's opening is located no higher than the top of the sign face, as shown in Figure 1 below. Light fixtures aimed and installed in this fashion shall be considered fully shielded. Figure 1 External Sign Lighting Configurations Permitted and Prohibited External Sign Lighting Configurations Allowed AVlowed Not Allowed v U A { � � C t Fully Shielded Fully Shielded Unshielded (3) Internally Illuminated Signs. (a) Internally illuminated signs shall be constructed with an opaque sign face background with translucent text and symbols and/or logo shields. If the sign owner desires to have the entire sign face visible at night, an external light source may be used to illuminate the sign, subject to the illumination standards in this chapter. (b) In no case may an internally illuminated sign, a digital sign or an electronic message center sign exceed a light output of 50 nits in a residential zone or 100 nits in a nonresidential zone during nighttime hours. (c) Neon sign lighting is allowed in nonresidential zones only and shall not exceed 100 nits per sign face. An example of a neon sign is shown in Figure 2 below. Neon Sign Figure 2 Page 280 of 404 Back to Agenda Ordinance No. Page 5 of 19 (4) Time Limitations. All signs over three square feet in area shall be turned off by 11:00 p.m., or when the business closes, whichever is later. Signs subject to time limitations are required to have functioning and properly adjusted automatic shut-off timers. SECTION 4. Section 20.132.210 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.132.210 Freestanding signs. The installation or modification of a freestanding sign shall require a sign permit unless the activity related to the sign installation or modification is listed as exempt under POMC 20.132.030. Freestanding signs, as defined in this chapter, include monument signs, pole signs, and other signs permanently mounted or supported on the ground by posts or braces. No sign permit shall be issued for a freestanding sign which does not comply with the following standards: (1) Number. (a) The number and type of freestanding signs for single and multiple tenant uses are derived from the use, zone, location and length of development site frontage as described in this section. (b) One freestanding sign is allowed for each site frontage. Flag lot sites with frontage on a public street are permitted one freestanding sign on the frontage providing primary access to the site. (c) Where more than one freestanding sign is proposed on a site with multiple frontages, a minimum of 60 linear feet shall separate each sign. (2) Location. (a) No freestanding sign shall be permitted on any site that does not have street frontage. (b) Freestanding signs except subdivision entrance sins. shall be set back a minimum of five feet from the street -side property line, a minimum of 25 feet from any interior side lot line and a minimum of 30 feet from any residential zoned property. (c) No freestanding sign shall be located in the triangular area(s) measured 15 feet by 15 feet where a driveway enters onto a street, or in any other area which may obstruct the vision of motorists so as to create a safety hazard. The short legs of the triangular area shall be measured along the site frontage and perpendicular to the site frontage at the intersecting driveway. Additionally, all signs are subject to the public works standards regarding sight distances. (d) A freestanding sign may not be approved in conjunction with a roof -mounted sign, or where a roof -mounted sign exists. (3) Height, Support Width, and Area by Freestanding Sign Type. Page 281 of 404 Back to Agenda (a) Top Mounted Pole Signs. Figure 8 Ordinance No. Page 6 of 19 Pole Sign Top mounted pole signs shall meet the following sign area, height, and support width requirements which shall be based on site frontage: Maximum Area Maximum uMaximum Site Frontage per Face Height Support Width < 50 feet 24 square feet 6 feet 40% of sign width 50 — 99 feet 36 square feet 10 feet 40% of sign width 100 feet and over 50 square feet 12 feet 40% of sign width (b) Pole and Mast Arm Hanging Signs. Figure 9 Pole and Mast Arm Sign Pole and mast arm hanging signs shall meet the following sign area, height, and support width requirements which shall be based on site frontage: Page 282 of 404 Back to Agenda Ordinance No. Page 7 of 19 Maximum Area Maximum Site Frontage per Face Height < 50 feet 16 square feet 10 feet 50 —and over 16 square feet 10 feet (c) Double Post -Mounted Freestanding Sign. Figure 10 Double Post -Mounted Freestanding Sign Double post -mounted freestanding signs shall meet the following sign area and height requirements which shall be based on site frontage: Maximum Area Maximum Site Frontage per Face Height < 50 feet 30 square feet 6 feet 50 —150 feet 42 square feet 7 feet 150 feet and over 56 square feet 8 feet (d) Monument Freestanding Signs. Page 283 of 404 Back to Agenda Figure 11 Ordinance No. Page 8 of 19 SUDBURY CROS51NG Monument Freestanding Sign Monument freestanding signs shall meet the following sign area, base width and height requirements which shall be based on site frontage: Maximum Area Maximum Minimum Sign Site Frontage per Face Height Base Width < 50 feet 30 square feet 6 feet 100% of sign width 50 — 150 feet 42 square feet 7 feet 100% of sign width 150 feet and over 56 square feet 8 feet 100% of sign width (e) Subdivision Entrance Signs Figure 11a L Subdivision Entrance Sign Subdivision Entrance signs shall meet the following sign area and height requirements which shall be based on the number of entrances to a residential subdivision: Number of Maximum Maximum Area residential number of per Face subdivision subdivision Maximum Height Minimum Sign Base Width Page 284 of 404 Back to Agenda Ordinance No. Page 9of19 entrances entrance signs 1 or more 2 per entrance 100 square feet 5 feet 100% of sign width Location: The location of subdivision entrance signs shall be subiect to the approval of the building official: no portion of a subdivision identification sign shall be within a public dght-of- way or public easement. except where authorized by a street -use permit granted by City Council. Subdivision entrance signs shall be located on a separate tract, not on a resultant Lot of the residential subdivision, within 50 feet of the adjacent street centerline intersection, at least five feet from an adjacent right-of-way, and satisfy sight visibility standards. (4) Design Requirements. (a) Freestanding signs shall be of a style, material, and design compatible with the associated building. signs. (b) Berming shall not be used to exceed the maximum allowable height of freestanding (c) For monument signs or signs surrounded by a framework, the area of the surrounding structure shall not exceed the allowable sign area by more than 20 percent. (d) Freestanding signs should be sited so that they integrate with the location of street trees and other site landscaping, and to avoid obscuring the view of adjacent freestanding signs. (e) Landscaping at the base of a freestanding sign is required, providing a landscaped area equal to square footage of one face of the freestanding sign; however, this provision does not apply to temporary freestanding signs. (f) If a sign is proposed in a landscaped area, either an existing landscaped area or required landscaping for new development, the sign shall be compatible with the existing or proposed landscaping, and shall be shown on the landscaping plan if applicable. Figure 12 Landscaped Monument Freestanding Sign Page 285 of 404 Back to Agenda Ordinance No. Page 10 of 19 Figure 13 Landscaped Pole and Mast Arm Hanging Freestanding Sign SECTION 5. Section 20.132.290 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.132.290 Definitions. The words and phrases used in this section shall be construed as defined in this chapter, unless the context clearly appears otherwise. Unless specifically defined in this section, the definitions set forth in other provisions of this code shall likewise apply to this chapter. "A// "Abandoned sign" means a sign, the face of which has been removed or is broken and is not refaced within 180 days thereafter. Abandoned signs shall also include signs with rusted, faded, peeled, cracked or otherwise deteriorated materials or finishes that have not been repaired within 90 days after the city provides notice of the sign's deteriorated condition under the city's enforcement chapter (Chapter 20.02 POMC). "Accessory sign" means a permanent, freestanding sign of limited height and size that provides supplemental opportunity for freestanding signage on a site. "Aerial sign" means a freefloating balloon, kite or similar object not directly secured to property within the city. "A -frame sign" means signs capable of standing without support or attachment. See also "portable sign." "Alter" means to change the copy, color, size, shape, illumination, position, location, construction or supporting structure of a sign, not including ordinary maintenance. Page 286 of 404 Back to Agenda Ordinance No. Page 11of19 "Area of a sign" means the smallest square, rectangle, parallelogram or circle that will enclose the extreme limits of writing, representation, logo, or any figure of similar character, together with any frame, background area, structural trim, or other materials or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The supports or uprights on which any such sign is supported shall not be included in determining the sign area. The area of signs with two faces shall be considered to be the area of the largest face. The area of signs with three or more faces shall be considered to be the area of the largest face or one-half the area of all of the faces, whichever is less. "Awning or canopy sign" means a sign affixed to or imprinted on an attached shelter composed of nonrigid materials such as an awning or a permanent architectural projection or composed of nonrigid materials on a supporting framework, affixed to the exterior wall of a building or extending over a door, entrance, window or outdoor service area. This definition does not apply to gas station canopies and similar permanent, rigid structures, which shall be regulated in the same manner as other buildings according to zoning and land use requirements. "Business activity" means an enterprise offering goods, services, or other consideration to the public, in legal occupancy of a site or of a specific portion of a site and under separate and distinct management from any other enterprise located on the same site. "Business frontage" means the horizontal dimensions of a building or individual business elevation measured at ground level. „C„ Canopy or Awning Sign. See definition under "awning or canopy sign." "Changeable copy sign" means a sign or portion thereof which is designed to have its message or copy readily changed manually or by remote or automatic means without altering or replacing the face or surface. Changeable copy signs support hard -copy text or graphics and do not use digital or electronic text or images. M "Digital sign" means a changeable copy sign with monochrome LED (light emitting diodes) text, graphics or symbols over a black, nonilluminated background. "E// Page 287 of 404 Back to Agenda Ordinance No. Page 12of19 "Electronic message center sign" means an electrically activated changeable copy sign having variable message and/or graphic presentation capability that can be electronically programmed by computer or handheld device from a remote location. EMC signs typically use light emitting diodes (LEDs) or liquid crystal display (LCD) as a lighting source. "Elevation" means the visible vertical plane of the side of a building from ground level to the roof line. "Elevation, primary" means the side of a building directly abutting either a street or a parking area. A business owner may choose which elevation is considered the primary elevation, except that in a multitenant building, the elevation which is contiguous to other businesses shall be the primary elevation. "Elevation, secondary" means any elevation of a building not determined to be a primary elevation. „F„ "Facade" means the elevation of a building extending from the ground level up to the bottom of the fascia on a pitched roof building, and up to the top of the wall or parapet on a flat roof building. The area of a facade for purposes of calculating allowable wall signage includes the area of the windows and doors but excludes openings that do not have solid coverings, such as breezeways, colonnades and gateways that extend to the backside of the building. "Face" means the area enclosed within a perimeter consisting of a series of straight lines at right angles enclosing the extreme limits of characters, lettering, logos, illustration or ornamentation, together with any material or color as to differentiate the sign from the background material on which it is placed. "Fascia" means an architectural term for a vertical frieze or board under a roof edge or which forms the outer surface of a cornice, visible to an observer. "Feather sign" means a freestanding type of attention -getting device that resembles a sail made of fabric or nylon affixed to a single lightweight pole used for promotional or advertising purposes. "Flag" means a flat piece of cloth, with distinctive colors, patterns or symbols, having one end of the cloth attached to a vertical staff (directly or by rope and pulley mechanism) and all other ends freeflowing under natural movement of wind. "Flag canopy" means a line of flags, or a series of lines of flags, suspended above a site. "Flashing sign" means an electric sign or portion thereof, except electronic message center signs, which changes light intensity in a sudden transitory burst, or which switches on and off in Page 288 of 404 Back to Agenda Ordinance No. Page 13of19 a constant pattern in which more than one-third of the nonconstant light source is off at any one time. "Freestanding sign" means any sign which is supported by a solid base, posts, poles or braces located in or upon the ground, and which is independent from any building or other structure. "Freeway" means a limited access highway, state route or interstate. "Freeway oriented sign" means a sign within 150 feet of a freeway right-of-way that has its sign face parallel to, perpendicular to, angled toward, or otherwise readable from the freeway right- of-way. "Frontage" means the property line of an individual lot, tract or parcel that abuts a public or private street right-of-way, excluding alleys and private driveways. The number of frontages on a lot is the same as the number of public or private street rights -of -way that the lot abuts. „G„ "Gross leasable space" means area of a single leasable space, regardless of the number of tenants or leases within the space. 15 "Halo illuminate" means a light source placed behind totally opaque letters or symbols so that the light reflects off the wall or background to which the letters or symbols are mounted, rather than emanating through the letters or symbols, creating a halo effect that leaves the letters or symbols viewable in silhouette form only. "Height of sign" means the overall height of the sign above grade directly below or at the base of the sign. „I„ "Illegal sign" means a sign which does not conform to the requirements and standards of this chapter and which does not meet the criteria of a nonconforming sign as defined in this definitions section. "Integrated development site" means any commercial or noncommercial development site, regardless of the number of lots or individual tenants, that is developed with common parking, layout, architecture or design features. "Item of information" means a word, figure, logo, abbreviation or other symbolic representation. Page 289 of 404 Back to Agenda Ordinance No. Page 14 of 19 „L„ "Logo" means a design of letters, colors or symbols used as a trademark or for identification in lieu of, or in conjunction with, other signs. "Logo shield" means a logo contained within an area no greater than four square feet, incorporated into a larger sign face or designed as an individual sign or component of a sign containing individually mounted sign graphics. "Lot line" means a line that separates two lots. "Luminance" means the photometric quality most closely associated with the perception of brightness. Luminance is measured in candelas per square meters or "nits." „M„ "Mansard" means a roof with two slopes on each side of the four sides, the lower steeper than the upper. "Master sign plan" means a coordinated sign plan which includes the details of all signs (not including exempt or temporary signs) which are or will be placed on a site. "Monument sign" means a freestanding low profile sign with the sign width greater than the sign height and designed with a solid base and background. "Motion" means the depiction of movement or change of position of text, images or graphics. Motion shall include, but not be limited to, visual effects such as dissolving and fading text and images, running sequential text, graphic bursts, lighting that resembles zooming, twinkling or sparkling, changes in light or color, transitory bursts of light intensity, moving patterns or bands of light, expanding or contracting shapes and similar actions. "Multitenant development" means a development consisting of three or more leasable spaces. „N„ "Natural grade" means the topographic condition or elevation of a site or portion of a site over the past five years, or the finished grade of an approved site development plan. Changes to grade or elevation resulting from fill, mounding or berming within five years preceding any requested permit other than a site development plan shall not be considered natural grade for permitting purposes. "Neon sign" means a sign with illumination affected by a light source consisting of a neon or other gas tube which is bent to form letters, symbols or other shapes. Page 290 of 404 Back to Agenda Ordinance No. Page 15 of 19 "Nighttime hours" means from one-half hour before sunset to one-half hour after sunrise. "Nits" means a unit of measure of brightness or luminance. One nit is equal to one candela/square meter. "Nonconforming sign" means any sign, which at one time conformed to all applicable requirements and standards of this chapter, including all permit requirements, but which subsequently ceased to so conform due to changes in such requirements and standards. "Nonresidential zone" means, in the context of this chapter, any zone that does not include residential dwelling units except for mixed use zoning districts where residential units are located above or behind nonresidential uses and the ground floor streetscape is characterized by commercial and other nonresidential uses. M "Opaque" means a material that does not transmit light from an internal illumination source. „P„ "Painted sign" means a sign painted directly on a building or on material which is then attached to a building. See also "wall sign." "Pan -channel" means a sign graphic that is constructed of a three -sided metal channel, usually having a light source contained within the channel. The open side may face inward, resulting in silhouette lighting, or it may face outward to allow full illumination. The open side of the channel may be enclosed with a translucent material. "Parapet" means a protective wall or barrier projecting above any canopy, balcony or roof. "Permanent sign" means a sign constructed of weather resistant material and intended for permanent use and that does not otherwise meet the definition of "temporary sign." Wall - mounted sign holders designed for insertion of signs and posters shall be considered permanent signage and subject to all standards of this chapter. "Pole sign" means a sign mounted on a pole that is permanently inserted into or affixed to the ground. "Portable sign" means a freestanding sign that is readily moveable and not permanently affixed to the ground, including A -frame or sandwich board signs, pole signs mounted on weighted bases, and similar signs that are used on more than a temporary basis. Page 291 of 404 Back to Agenda Ordinance No. Page 16 of 19 "Projecting sign" or "projection sign" means a sign attached to a building with the face not parallel to the vertical surface of the building. Projecting signs include signs projecting directly from walls, or signs hanging from porch ceilings or other support structures. „R„ "Raceway" means a box -type conduit to house electrical wires for signs and used to support and/or affix signage on a wall. "Right-of-way" is the strip of land platted, dedicated, condemned, established by prescription or otherwise legally established for the use of pedestrians, vehicles and/or utilities. "Roadway" means that portion of the street improved, designed, or ordinarily used for vehicular travel and parking, exclusive of the sidewalks and shoulder. Where there are curbs, the roadway is the curb -to -curb width of the street. "Roof line" means the uppermost edge of the roof or the top of the parapet, excluding mechanical equipment screens, whichever is highest. Where a building has several roof levels, the roof line shall be the one belonging to that portion of the building on which the sign is located. "Roof -mounted sign" means a sign which has a point of attachment to the roof or mansard of a building. Architectural projections, including mechanical equipment screens, above any parapet or roof line whose sole function is a background for signs shall be considered a sign structure. A sign on such an architectural projection shall be considered a roof sign. „S„ Sandwich Board Sign. See "A -frame sign" definition. "Service island sign" means a permanent sign displayed on the service island canopy of a gas station, bank, carwash, or other use that provides a canopy cover for vehicles. Service island signs are not the same as awning or canopy signs as otherwise defined by this chapter. "Sign" means letters, figures, symbols, trademarks, or logos, with or without illumination, intended to identify any place, subject, person, firm, business, product, article, merchandise or point of sale. A sign also includes balloons attached to sign structures, products, streamers, spinners, pennants, flags, inflatables or similar devices intended to attract attention to a site or business, as well as architectural or structural forms, illuminated panels, spandrels, awnings and other structural or architectural features not common to classic vernacular or noncorporate regional architecture and that are intended to convey a brand, message or otherwise advertise a location or product, whether or not such features include text or graphics and whether or not they serve other practical purposes such as lighting, covering or enclosure of persons or Page 292 of 404 Back to Agenda Ordinance No. Page 17 of 19 products. A sign includes any device which streams, televises or otherwise conveys electronic visual messages, pictures, videos or images, with or without sound or odors. Refer to POW 20.132.040, Prohibited signs, for a list of prohibited signs. "Signable area" means the area of the largest rectangular portion of a face of a building to which a sign is affixed or proposed to be affixed, which can be included within parallel, vertical and horizontal lines uninterrupted by significant architectural features of the building. "Sign walker" means a sign carried by a person. "Site" means a unit of land, together with all improvements thereon, determined as follows: (1) A unit of land which may be conveyed separately from any and all adjacent land without the requirement of approval of a boundary line adjustment, short plat or a preliminary plat. (2) Two or more buildings or business activities that are or will be related to each other physically or architecturally, such as by sharing off-street parking facilities, so as to form an integrated development, such as a shopping center, industrial park, or office complex. "Spandrel" means a panel or box -type structure that spans between and/or is connected to the support columns of a porch, colonnade or canopy, usually for architectural embellishment and/or signage purposes. "Special event sign or temporary sign" means signs or advertising displays or a combination thereof which advertise or attract public attention to a special one-time event, including but not limited to the opening of a building or business activity, the sale of goods and services at discounted or otherwise especially advantageous prices, or similar event. "Static" means without motion. "Story" means that portion of a building included between the upper surface of a floor and the upper surface of the floor or ceiling next above. "Subdivision entrance sign" means a free-standing sign located at an entrance of a residential subdivision. "Suspended sign" means a sign mounted above a sidewalk adjacent to a business, affixed to a beam, overhang, roof or other fixture that is an integral part of a building. „T„ "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not Page 293 of 404 Back to Agenda Ordinance No. Page 18 of 19 limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter, except that post -mounted temporary signs allowed in POMC 20.132.270, Temporary signs, which are located on properties that are actively listed or marketed for sale or rental or actively under development or construction, may be made of durable materials. Temporary signs of durable materials shall be removed when such properties are no longer actively listed or marketed for sale or rental or actively under development or construction. If site development or construction ceases or is suspended for a period of more than 180 days, such signs shall be removed until construction or development resumes. "Tenant space" means the entire building which encompasses a building or use on a site; or in buildings designed for multitenant occupancy, it is the space between demising walls and which has an independent entrance to common corridors or to the outside. Portions of tenant spaces that are sublet to or otherwise allowed to be used by persons or businesses other than the principal person or business of a tenant space are not considered tenant spaces in the context of this chapter. „U„ "Unshielded lighting" means an external illumination source which is exposed to view from a publicly accessible area. "Wall sign" means a sign which is attached parallel to or painted on a wall, including parapet or canopy fascia, or a building. "Width of sign" means the total horizontal dimension of a sign, including all frames or structures. "Window" means the entire window unit including individual sashes or panes that might otherwise divide the area between the head, jamb and sill; except that in commercial storefront window assemblies, a single "window" is the glass area between each mullion that divides the window assembly, whether installed as a single piece of glass or as multiple pieces of glass divided by muntins. "Window sign" means a sign that is attached to or is intended to be seen in, on or through a window of a building and is visible from the exterior of the window. Page 294 of 404 Back to Agenda Ordinance No. Page 19 of 19 SECTION 6. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 7. 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 8. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 9. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 13t" day of December 2022. ATTEST: Robert Putaansuu, Mayor SPONSOR: Brandy Wallace, MMC, City Clerk Scott Diener, Councilmember APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Page 295 of 404 Back to Agenda ;0 4 a 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 8D Adoption of a Resolution Granting Final Plat Approval for Stetson Heights Phase 3 Meeting Date Prepared by December 13, 2022 Nick Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: An application has been made seeking City Council approval of the Stetson Heights Phase 3 Final Plat. This is the 3rd and final phase of the Stetson Heights Preliminary Plat. The Stetson Heights preliminary plat was granted approval with conditions by the City of Port Orchard Hearing Examiner on September 1, 2016. A SEPA Mitigated Determination of Non -Significance was issued for the Stetson Heights Subdivision on June 24, 2016. Phase 1 of this subdivision was approved in February 2021 and created 103 single-family residential lots and 9 tracts. The final plat of Phase 2 (and 4) was approved on May 24, 2022 and created 113 single-family residential lots and 4 tracts. This application for Phase 3 will create 87 lots and 6 tracts. Infrastructure associated with the final plat of Phase 3 is being dedicated to the City of Port Orchard or is bonded under one of several performance bonds submitted with this final plat application. The applicant has installed or bonded for roadway illumination, roads, sidewalks, landscaping, water and sewer, storm drainage improvements, signage, and other required improvements. as described in the attached bonds and bond estimates. Streets within this final plat are for public use and will be accepted into the City's road system. Stormwater ponds within the final plat are private and will be owned and maintained by the HOA. It is also requested that the City Council authorize the Mayor to accept a Utility Easement (Water Booster Pump Station Easement) as proposed by the Stetson Heights Homeowners Association and execute all documents necessary to effectuate this authorization. This Water Booster Pump Station was constructed as a requirement to serve the development and was constructed on Tract A, Stetson Heights Phase 1, according to the plat recorded in Vol 35 of Plats, Page(s) 147-156, records of Kitsap County, also referred to under tax parcel number 5687-000-104-0004 which is owned by the Stetson Heights Homeowners Association. The Draft easement provided by the Homeowners Association would provide a permanent easement to use, maintain, and access the Water Booster Pump Station Facility. Relationship to Comprehensive Plan: N/A Recommendation: Adoption of a resolution, granting approval of the final plat of Stetson Heights Phase 3 and authorizing the Mayor to execute a Utility Easement with the Stetson Heights Homeowners Association for the Water Booster Pump Station. Page 296 of 404 Back to Agenda Staff Report 8D Page 2of2 Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for Stetson Heights Phase 3 and authorize the Mayor to execute the draft Utility Easement for the Water Booster Pump Station. Fiscal Impact: Revenue generated by construction activity, building permit fees, capital facility charges, impact fees, sales tax, increased property valuation, utility tax. Expenditures related to ongoing maintenance of public infrastructure and provision of services to new residents. Alternatives: Approval with added conditions. Attachments: Resolution, Plat map, Department of Community Development Approval Letter, Public Works Approval Letter, Bill of Sale, Performance Bond for certain improvements, Landscaping Performance Bond, Utility Easement Page 297 of 404 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL OF AN 87-LOT, 6-TRACT PLAT KNOWN AS STETSON HEIGHTS PHASE 3 AND ACCEPTING A UTILITY EASEMENT WHEREAS, on September 1, 2016, the City's Hearing Examiner approved the Preliminary Plat known as Stetson Heights; and WHEREAS, on June 24, 2016, the City issued a SEPA Mitigated Determination of Non - Significance for the Stetson Heights Plat; and WHEREAS, on June 13, 2018, the City approved a minor plat amendment for the Stetson Heights plat; and WHEREAS, on February 9, 2021, the City approved the final plat of Phase 1 of the Stetson Heights subdivision; and WHEREAS, on May 24, 2022, the City approved the final plat of Phase 2 (and 4) of the Stetson Heights subdivision; and WHEREAS, on August 29, 2022, application for final plat of Phase 3 of the Stetson Heights subdivision was made; and WHEREAS, as a condition of subdivision approval for the Stetson Heights preliminary plat, the construction of a Water Booster Pump Station was required to serve the subdivision and make improvements to the City's overall water service in the City of Port Orchard; and WHEREAS, the Water Booster Pump Station required to serve the development was constructed on Tract A, Stetson Heights Phase 1, according to the plat recorded in Vol 35 of Plats, Page(s) 147-156, records of Kitsap County, also referred to under tax parcel number 5687-000-104-0004 which is owned by the Stetson Heights Homeowners Association; and WHEREAS, the Stetson Heights Homeowners Association has provided a draft easement for acceptance by the City, a permanent utility easement to inspect, construct, reconstruct, grade and slope, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area described in the Easement for all public purposes and the right to ingress and egress to the Water Booster Pump Station; and WHEREAS, City staff have reviewed the proposed final plat for compliance with the Port Orchard Municipal Code, and recommends approval subject to adequate bonding/securities in place to ensure the completion of remaining work in the event the Applicant should fail to comply with the terms of the preliminary plat approval; and Page 298 of 404 Back to Agenda Resolution No. Page 2 of 3 WHEREAS, the Director of Public Works has determined that the proposed means of sewage disposal and water supply are adequate as constructed or bonded and recommends approval of the final plat; and WHEREAS, the City Engineer recommends approval of the final plat; and WHEREAS, the City Community Development Director recommends approval of the final plat; and WHEREAS, the Applicant has secured bonds guaranteeing completion of certain improvements required by the Preliminary Plat Approval; and WHEREAS, the City Council finds that the Stetson Heights Phase 3 final plat conforms to all terms and conditions of the preliminary plat approval and that said subdivision meets the requirements of Chapter 58.17 RCW and other applicable state laws and local ordinances; and WHEREAS, the City Council finds that Plat of Stetson Heights Phase 3 conforms to the applicable zoning requirements and Port Orchard's Comprehensive Plan; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The Port Orchard City Council approves the final plat for Stetson Heights Phase 3, as illustrated and as legally described in Exhibit A, attached hereto. THAT: The Stetson Heights Phase 3 subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval, unless the City Council finds that a change in conditions has created a serious threat to the public health or safety in the subdivision. THAT: The Port Orchard City Council approves of and authorizes the Mayor to accept a Utility Easement (Water Booster Pump Station Easement) from the Stetson Heights Homeowners Association, and to execute all documents necessary to effectuate this authorization as shown on Exhibit B. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. Page 299 of 404 Back to Agenda Resolution No. Page 3 of 3 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 13t" day of December 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 300 of 404 Back to Agenda DEDICATION STETSON HEIGHTS, A PLAT COMMUNITY, PHASE III A PORTION OF THE NORTH 1/2 OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CI-lY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON KNOW ALL MEN BY THESE PRESENT THAT THE UNDERSIGNED: HEREBY DECLARE THIS LAND PLATTED AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS, ROADS, AND EASEMENTS SHOWN ON THE PLAT COUNTY TREASURER APPROVAL AND USE THEREOF FOR ANY AND ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY CUTS AND FILLS FOR SLOPES UPON THE LOTS SHOWN ON THIS PLAT IN THE REASONABLE ORIGINAL GRADING OF ALL THE STREETS AND ROADS SHOWN HEREON; ALSO THE RIGHT TO DRAIN ALL STREETS, ROADS, AND EASEMENTS OVER AND ACROSS ANY LOT OR LOTS WHERE WATER MIGHT TAKE A NATURAL DRAINAGE COURSE AFTER THE STREET OR STREETS ARE GRADED. DIMENSIONS AND USE OF ALL LOTS EMBRACES IN THIS PLAT ARE SUBJECT TO AND SHALL BE IN CONFORMITY WITH THE CITY OF PORT ORCHARD ZONING REGULATIONS. THE OWNERS HEREOF, AND THEIR SUCCESSORS AND ASSIGNS, HEREBY \NAIVE ALL CLAIMS FOR ANY DAMAGES AGAINST GOVERNMENTAL AUTHORITY ARISING FROM CONSTRUCTION, DRAINAGE, AND MAINTENANCE OF PUBLIC FACILITIES AND PUBLIC PROPERTY WITHIN THIS PLAT. ALL STORM SEWER, SANITARY SEWER., WATER AND APPURTENANCES LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY DEDICATED TO THE CITY OF PORT ORCHARD ARE HEREBY GRANTED AND CONVEYED TO THE CITY OF PORT ORCHARD. THIS SUBDIVISION, DEDICATION, RELEASE, INDEMNIFICATION OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. FURTHERMORE, WE UNDERSIGNED OWNERS OF THE INTERESTS IN THE REAL ESTATE DESCRIBED HEREIN HEREBY DECLARE THIS MAP AND DEDICATES THE SAME FOR A COMMON INTEREST COMMUNITY NAMED STETSON HEIGHTS, A PLAT COMMUNITY AS THAT TERM IS DEFINED IN THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT, SOLELY TO MEET THE REQUIREMENTS OF THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT AND NOT FOR ANY PUBLIC PURPOSE. THIS MAP AND ANY PORTION THEREOF IS RESTRICTED BY LAW AND THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR STETSON HEIGHTS, RECORDED UNDER KITSAP COUNTY RECORDING NO. 202102120313 AND THE FIRST, SECOND, AND THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR STETSON HEIGHTS, RECORDED UNDER KITSAP COUNTY RECORDING NO. 202205020338 (FIRST), 202205260180 (SECOND), AND (THIRD) RESPECTIVELY. TRACT I-1 IS AN ACTIVE RECREATION TRACT, TRACT I-2 IS A STORMWATER TRACT, TRACT I-3 IS A PASSIVE RECREATION AND CRITICAL AREA TRACT, TRACT I-4 IS A PRIVATE ROAD AND UTILITIES TRACT, TO BE DEDICATED TO THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION IS RESPONSIBLE FOR THE MAINTENANCE OF SAID TRACTS. TRACTS I-5 AND I-6 ARE ENCROACHMENT TRACTS, TO BE DEDICATED TO AND MAINTAINED BY THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION . IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS AND SEALS THIS VDAY OF 2021- SHOR, LLC, A WASHINGTON LIMITED LIABILITY COMPANY L IVANOV ITS: MAgi GI MEMBER SSHI, LLC, A DELAWARE LIMITED LIABILITY COMPANY DBA D.R. HORTON BY:S'5?T01MF WASHINGTON, INC., A WASHINGTON CORPORATION, ITS SOLE MEMBER __ � Ice Presicl��t BY: ITS: BRMK LENDING, ILL , A DELAWARE LIMITED LIABILITY COMPANY BY: IT'S: OWNER AND LENDER ACKNOWLEDGEMENTS STATE OF OREGON ) )ss COUNTY OF _) OF 20 01 A BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN ON THIS DAY AND FOR THE STATE OF OREGON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED KIRIL IVANOV, TO ME KNOWN TO BE THE MANAGING MEMBER OF SHOR, L.LC., A WASHINGTON LIMITED LIABILITY COMPANY, THE COMPANY THAT EXECUTED THE —0 FOREGOING INSTRUMENT AND ACKNOWLEDGED THAT SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT OF AND DEED OF SAID c�ia Ci 60> COMPANY, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT (HE/SHE/THEY) (IS/ARE) AUTHORIZED TO EXECUTE THE SAID INSTRUMENT. I��t DAY OF A jze6er 20 C C GIVEN UN R MY HAND AND,SEArOF OFFICE THIS -..l9 N ZwS K Z n7w�c O , `, NOTARY B IN ND FOR THE STATE OF OREGON ® �� i ® 0 ®' �' PRINTED NAME: 1ti/O, VF,6 MY COMMISSION EXPIRES: G5 OM CO) a, STATE OF WASHINGTON ) At )SS COUNTY OF I 1 `� 6 ON THIS Zak' DAY OF N(�V�CVhIO{I'' 20U BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE QF WAS NGTON}�ULY COMMISSIONED AND SWORN, PERSONALLY APPEARED I-tyM JQHKSgrI TO ME KNOWN TO BE V S .44 OF SHLR OF WASHINGTON, INC. A WASHINGTON CORPORA-RON, THE SOLE MEMBER OF SSHI, LLC, A DELAWARE LIMITED LIABILITY COMPANY DBA D.R. HORTON, THE COMPANY THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED THE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT OF AND DEED OF SAID ``0111111//11' CORPORATION, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT (HE�/THEY) DARE) %% -(jA HUj Ij� AUTHORIZED TO EXECUTE THE SAID INSTRUMENT. �� '.-••""••..QG� � GIV •,% �� QPo�• � rQo•d'A�Z UNDE Y HAND AND EAL QF OFFICE THISZR DAY OF vV f4Lft &&- 202 Z. o NOTARY Co.PUBLIC 2 NOTARY PUBLIC IN AND FOR E STATE OF WASHINGTON i.a • � �k O w' do -15 PRINTED NAME: YiI h Cu1 Vl y MY COMMISSION EXPIRES: • 01 • z10�. � y ASNe\a ®�® 111111111 STATE OF WASHINGTON COUNTY OF )SS ON THIS DAY OF 20_, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND \\\\\N�EIIIIJI� FOR THE STATE OF WASHINGTON DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED DANIEL HIRSTY, TO ME KNOWN TO BE,,\ �� .'ion B��/��i THE NATIONAL HEAD OF ASSET MANAGEMENT OF BRMK LENDING, LLC., A DELAWARE LIMITED LIABILITY COMPANY, THE COMPANY A, �� 3-20 1 2 THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED THAT SAID INSTRUMENT TO BE THE FREE AND �Q o O� �' s'•, VOLUNTARY ACT OF AND DEED OF MAID COMPANY, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED TF�AT : V \AOTARY (HE/SHE/THEY) (IS/ARE) AUTHORIZED TO EXECUTE THE SAID INSTRUMENT. < TuBocCr) Qj GIVEN UNDER MY HAND AND SEAL OF OFFICE THISTO� DAY OF 20 A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON 0� 1111WOr\\\�� 17 PRINTED NAME: It �,-u mt N � r -( MY COMMISSION EXPIRES: � 4r.1v THIS IS TO CERTIFY THAT ALL TAXES HERETOFORE LEVIED AND WHICH HAS BECOME A LIEN UPON THE LANDS HEREIN DESCRIBED, HAVE BEEN FULLY PAID AND DISCHARGED, ACCORDING TO THE RECORDS OF MY OFFICE, UP TO AND INCLUDING THE YEAR EXECUTED THIS DAY OF COUNTY TREASURER CITY COUNCIL APPROVAL all APPROVED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD. ATTEST: CITY CLERK MAYOR CITY ENGINEER APPROVAL DATE DATE I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE STREETS, ALLEYS, AND OTHER RIGHT-OF-WAY, DESIGN OF BRIDGES, SEWAGE, AND WATER SYSTEMS, AND OTHER STRUCTURES. CITY FINANCE DIRECTOR APPROVAL I HEREBY CERTIFY THAT ALL TAXES AND DELINQUENT ASSESSMENTS FOR WHICH THAT PROPERTY MAY BE LIABLE AS OF THE DATE OF CERTIFICATION HAVE BEEN FULLY PAID, SATISFIED, OR DISCHARGED.. EXECUTED THIS DAY OF FINANCE DIRECTOR COUNTY AUDITOR FILED AT THE REQUEST OF 20 AND RECORDED IN VOLUME COUNTY, WASHINGTON. COUNTY AUDITOR 20 DATE THIS DAY OF OF PLATS, PAGES RECORDS OF KITSAP COMMUNITY DEVELOPMENT DIRECTOR I HEREBY CERTIFY THAT THIS FINAL/SHORT PLAT IS CONSISTENT WITH ALL APPLICABLE TOWN/CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY/SHORT PLAT APPROVAL. I HAVE APPROVED THIS FINAL/SHORT PLAT AS TO THE LAYOUT OF STREETS, ALLEYS AND ITHER RIGHTS -OF -WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED THIS DAY OF , 20, EXAMINED AND APPROVED THIS _ DAY OF 20_ COMMUNITY DEVELOPMENT DIRECTOR ENGINEER CITY ENGINEER APPROVAL I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE STREETS, ALLEYS, AND OTHER RIGHT-OF-WAY, DESIGN OF BRIDGES, SEWAGE, AND WATER SYSTEMS, AND OTHER STRUCTURES. EXAMINED AND APPROVED THIS DAY OF CITY ENGINEER SURVEYOR'S CERTIFICATE 20 I, THOMAS E. BATTEY, REGISTERED AS A LAND SURVEYOR BY THE STATE OF WASHINGTON, CERTIFY THAT THIS PLAT OF STETSON HEIGHTS, A PLAT COMMUNITY, PHASE II, IS BASED UPON AN ACTUAL SURVEY OF THE LAND DESCRIBED HEREIN, CONDUCTED BY ME OR UNDER MY SUPERVISION IN MAY, 2020, THAT THE DISTANCES, COURSES, AND ANGLES ARE SHOWN THEREON CORRECTLY, AND THAT MONUMENTS AND LOT CORNERS OTHER THAN THOSE APPROVED FOR SETTING AT A LATER DATE, HAVING BEEN SET AS DEPICTED ON THE PLAT. FURTHERMORE, THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF SHOR, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, HEREBY CERTIFY THAT THIS MAP FOR STETSON HEIGHTS, A PLAT COMMUNITY, PHASE II, IS BASED UPON AN ACTUAL SURVEY OF THE PROPERTY HEREIN DESCRIBED; THAT THE BEARINGS AND DISTANCES ARE CORRECTLY SHOWN; THAT ALL INFORMATION REQUIRED BY THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT IS SUPPLIED HEREIN; AND THAT ALL HORIZONTAL AND VERTICAL BOUNDARIES OF THE UNITS, (1) TO THE EXTENT DETERMINED BY THE WALLS, FLOORS, OR CEILINGS THEREOF, OR OTHER PHYSICAL MONUMENTS, ARE SUBSTANTIALLY COMPLETED IN ACCORDANCE WITH SAID MAP, OR (2) TO THE EXTENT SUCH BOUNDARIES ARE NOT DEFINED BY PHYSICAL MONUMENTS, SUCH BOUNDARIES ARE SHOWN ON THE MAP. 7—,A -e Lr Ir Y s �Y"iaT Z THOMAS E. BATTEY DATE PROFESSIONAL LAND SURVEYOR CERTIFICATE NUMBER 30425 SURVEYOR'S ACKNOWLEDGEMENT STATE OF WASHINGTON ) )ss COUNTY OF PIERCE ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT THOMAS E. BATTEY IS THE PERSON WHO APPEARED BEFORE ME, ACKNOWLEDGED THAT HE SIGNED THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE HIS FREE AND VOLUNTARY CT FOR THE USES AND PURPOSES MENTIONED IN THIS INSTRUMENT. GIVEN UNDER MY HAND AND SEAL OAF OFFICE THIS DAY OF A L N +lI- NOTARY PUBLIUN AND FOR THE STATE OF PRINTED NAME: MY COMMISSION EXPIRES: - M 1 wUac �~ �M s r 177663 = i (/1Aiv l�lllo Op WAS741, lot Op �01 SECTION SUBDIVISION NW CORNER SECTION 10, 1-1/2" SCALE: 1" = 1,000' IRON PIPE 1.2' ABOVE GRADE, NE CORNER SECTION 10 VISITED 2/26/2020 BRASS PIN SET IN CONC DOWN 4 3 3 0.85' IN CASE VISITED 2/26/2020 3 2 9 10 10 ------ — 10 11 N 1/4 CORNER SECTION 10 CALCULATED POSITION I I I CENTER SECTION 10 3/4" IRON PIPE UP 0.4' 0.3' N & 0.4' E OF CALCULATED POSITION p VISITED 6/30/2020 I =� E 1/4 CORNER SECTION 10 I 3" BRASS DISK W/ 'X' & W 1/4 CORNER SECTION 10 r9 PUNCH SET IN CONC CALCULATED POSITION DOWN 0.95' IN CASE 10 VISITED 2/26/2020 —-------_ SW PENDLETON WAY 11 9 PHASE II 10 — — — 10 I WAVERLY ��3:: RD SW Off' SITE <� I ��o I 1 / Of I w SW CORNER SECTION 10 I �� Z 0 2" BRASS DISK W/'X& p V) 'NE/16' AT SURFACE VISITED 2/26/2020 o O SW SEDGE ST z 9 10 PHASE II Ld 10 -j 16 95 — — 10 11 15 S 1/4 CORNER SECTION 10 15 14 3" BRASS DISK W/ 'X' & SE CORNER SECTION 10 PUNCH MARKED "KITSAP 3" BRASS DISK W/'X' & COUNTY, T23N, R1E, 10/15" PUNCH DOWN 0.85' IN CASE VISITED 2/26/2020 VISITED 2/26/2020 wt LARSON AND ASSOCIATES LAND SURVEYORS ENGINEERS PLANNERS ETACOMAA, ACIFIC AVENUE, SUITE 4 9416 FP PH 3 WASHINGTON 98444-6247 11/28/20224-3404 / FAX (253)472-7358��' Page 301 of 404 Back to Agenda NOTES STETSON HEIGHTS, A PLAT COMMUNITY, PHASE III A PORTION OF THE NORTH 1/2 OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON 1. ALL LOTS SHALL ACCESS FROM INTERIOR ROADS ONLY. 2. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL ROADWAY IMPROVEMENTS WITHIN ANY PRIVATE RIGHT-OF-WAY WITH THIS PLAT, INCLUDING TRAFFIC SIGNAGE. 3. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL STORM DRAINAGE FACILITIES & LANDSCAPING INSTALLED WITHIN THE BOUNDARIES OF THIS SUBDIVISION. 4. REFERENCE TO LOT SHALL REFER TO UNIT AS THAT TERM IS DEFINED IN THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT. 5. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE REPAIR, REPLACEMENT AND MAINTENANCE OF ALL FENCING AND SIGNAGE WITHIN STORM DRAINAGE TRACTS. GENERAL UTILITY (EASEMENT NOTES 6. CITY OF PORT ORCHARD WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO ANY PRIVATE ROADS, TRACTS, AND/OR EASEMENT AREAS THAT MAY OCCUR DURING ROUTINE MAINTENANCE ACTIVITIES AND THAT IN CITY OF PORT ORCHARD'S JUDGMENT OCCUR, IN WHOLE OR IN PART, BECAUSE OF ANY CONSTRUCTION MATERIALS OR TECHNIQUES, OR ANY MAINTENANCE MATERIALS OR TECHNIQUE=S. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE TO PAVEMENT OR VEGETATED AREAS CAUSED BY MAINTENANCE TRUCKS. 7. DECLARANT HEREBY RESERVES, GRANTS, AND CONVEYS TO UTILITY PROVIDERS, INCLUDING BUT NOT LIMITED TO PUGET SOUND ENERGY, CENTURYLINK, COMCAST, CASCADE NATURAL GAS, THE CITY OF PORT ORCHARD, WAVE BROADBAND CABLE, WASTE MANAGEMENT AND SOUTH KITSAP FIRE AND RESCUE, THEIR SUCCESSORS AND ASSIGNS, AND ANY OTHER PURVEYORS OF ELECTRICITY, TELEPHONE, INTERNET, WATER SEWER GARBAGE AND CABLE SERVICES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, PERPETUAL EASEMENTS UNDER AND UPON THE LOTS OF THE PROPERTY AS SHOWN AND/OR DESCRIBED ON THE FACE OF THE PLAT MAP, WHICH SHALL BE THE TEN FEET (10� OF ALL LOTS AND TRACTS WITHIN THE PLAT LYING PARALLEL WITH AND ADJOINING ALL ROADWAYS IN WHICH TO INSTALL, CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE, AND ENLARGE UNDERGROUND PIPES, CONDUITS, CABLES AND WIRES WITH ALL NECESSARY OR CONVENIENT UNDERGROUND OR GROUND -MOUNTED APPURTENANCES THERETO FOR THE PURPOSE OF SERVING THE PLAT AND OTHER PROPERTY WITH ELECTRIC, GAS, TELEVISION, INTERNET, WATER AND OTHER UTILITY SERVICES, TOGETHER WITH THE RIGHT TO ENTER UPON THE ROADWAYS AND LOTS AT ALL TIMES FOR THE PURPOSES HEREIN STATED. 8. NO PERMANENT STRUCTURES SHALL BE INSTALLED WITHIN UTILITY EASEMENTS. PRIVATE STORM DRAINAGE EASEMENT NOTES 9. ALL LOTS AND TRACTS WITHIN THIS PLAT ARE HEREBY SUBJECT TO A PRIVATE STORM DRAINAGE EASEMENT WHICH SHALL BE LOCATED WITHIN THE TEN (10) TO THIRTEEN (13) FEET OF ALL LOTS AND TRACTS WITHIN THE PLAT LYING PARALLEL WITH AND ALL ADJOINING ROADWAYS. SAID PRIVATE STORM DRAINAGE EASEMENT IS FOR THE PURPOSES OF INSTALLING AND MAINTAINING PRIVATE STORM DRAINAGE FACILITIES WITHIN SAID EASEMENT. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION (HOA) SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THE PRIVATE DRAINAGE FACILITIES LOCATED WITHIN SAID EASEMENT. 10. LOTS 201-206, 208-218, 220-223, 225, 228-230, 232-235, 237, 238, 240-242, 244-249, 251-253, 256, 259, 261-269, 273-276, 278-282, & 284-287 ARE SUBJECT TO A PRIVATE STORM DRAINAGE EASEMENT IS FOR THE PURPOSES OF INSTALLING AND MAINTAINING PRIVATE STORM DRAINAGE FACILITIES WITHIN SAID EASEMENT. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION (HOA) SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THE PRIVATE DRAINAGE FACILITIES LOCATED WITHIN SAID EASEMENT. 11. LOTS 208, AND A PORTION OF LOT 209 ARE SUBJECT TO A PRIVATE STORM DRAINAGE EASEMENT WHICH IS OF VARIABLE WIDTH RANGING FROM THREE (3) TO FIFTEEN (15) FEET, SAID PRIVATE STORM DRAINAGE EASEMENT IS FOR THE PURPOSES OF INSTALLING AND MAINTAINING PRIVATE STORM DRAINAGE BYPASS FACILITIES WITHIN SAID EASEMENT. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION (HOA) SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THE PRIVATE DRAINAGE FACILITIES LOCATED WITHIN SAID EASEMENT. PRIVATE SANITARY SEWER EASEMENT NOTES 12. PRIVATE SANITARY SEWER, EASEMENTS ARE LOCATED OVER AND UPON LOTS 228-233, AS SHOWN ON SHEET 4. SAID PRIVATE SANITARY SEWER, EASEMENT IS FOR THE PURPOSES OF INSTALLING AND MAINTAINING PRIVATE SANITARY SEWER FACILITIES WITHIN SAID EASEMENT. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION (HOA) SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THE PRIVATE SANITARY SEWER FACILITIES WITHIN SAID EASEMENT. TRACT NOTES 13. TRACT I-1 IS AN ACTIVE RECREATION TRACT. THE MAINTENANCE OF SAID TRACT IS THE RESPONSIBILITY OF THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION (HOA). 14. TRACT I-2 IS A STORMWATER TRACT. THE MAINTENANCE OF SAID TRACT IS THE RESPONSIBILITY OF THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION (HOA). 15. TRACT I-3 IS A PASSIVE RECREATION AND CRITICAL AREA TRACT. THE MAINTENANCE OF SAID TRACT IS THE RESPONSIBILITY OF THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION (HOA). 16. USE OF THE PORTION OF TRACT I-3 DESIGNATED AS THE CRITICAL AREAS CONTAINING WETLANDS, STREAM AND ASSOCIATED BUFFERS (SENSITIVE AREA) IS SUBJECT TO POMC CHAPTER 20.162 CRITICAL AREAS REGULATIONS, AS SUCH REGULATIONS NOW EXIST OR HEREAFTER MAY BE AMENDED, THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR STETSON HEIGHTS AND ANY RULES OF THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION. NO SITE -DISTURBING ACTIVITY IS PROPOSED TO OCCUR ON TRACT I-3 AT THIS TIME. 17. TRACT I-4 IS A PRIVATE ROAD AND UTILITIES TRACT. THE MAINTENANCE OF SAID TRACT IS THE RESPONSIBILITY OF THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION (HOA). 18. TRACT I-5 AND TRACT I-6 ARE ENCROACHMENT TRACTS. THE MAINTENANCE OF SAID TRACTS IS THE RESPONSIBILITY OF THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION. TITLE REPORT EXCEPTIONS (PER FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO. 611320158, DATED NOVEMBER 10, 2022) 1. COVENANTS, CONDITIONS, RESTRICTIONS, RECITALS, RESERVATIONS, EASEMENTS, EASEMENT PROVISIONS, ENCROACHMENTS, DEDICATIONS, BUILDING SETBACK LINES, NOTES, STATEMENTS, AND OTHER MATTERS, IF ANY, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, INCLUDING BUT NOT LIMITED TO THOSE BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS SET FORTH ON BOUNDARY LINE ADJUSTMENT: RECORDING NO: 201802150061 (DOES NOT AFFECT SUBJECT PROPERTY) 2. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: PUGET SOUND ENERGY PURPOSE: CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE, IMPROVE, REMOVE, UPGRADE AND EXTEND ONE OR MORE UTILITY SYSTEMS RECORDING DATE: MAY 31, 2018 RECORDING NO.: 201805310104 (DOES NOT AFFECT SUBJECT PROPERTY) 3. ANY RIGHTS, INTERESTS, OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING MATTERS DISCLOSED BY SURVEY, RECORDING DATE: OCTOBER 2, 2018 RECORDING NO.: 201810020216Y) MATTERS SHOWN: BOUNDARY LINE ADJUSTMENT (ENCOMPASSES ENTIRE SITE) 4. COVENANTS, CONDITIONS, RESTRICTIONS, RECITALS, RESERVATIONS, EASEMENTS, EASEMENT PROVISIONS, ENCROACHMENTS, DEDICATIONS, BUILDING SETBACK LINES, NOTES, STATEMENTS, AND OTHER MATTERS, IF ANY, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, INCLUDING BUT NOT LIMITED TO THOSE BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS SET FORTH ON BOUNDARY LINE ADJUSTMENT: RECORDING NO: 201810020219 (ENCOMPASSES ENTIRE SITE) 5. NOT SURVEY RELATED 6. NOT SURVEY RELATED 7. COVENANTS, CONDITIONS, RESTRICTIONS, RECITALS, RESERVATIONS, EASEMENTS, EASEMENT PROVISIONS, ENCROACHMENTS, DEDICATIONS, BUILDING SETBACK LINES, NOTES, STATEMENTS, AND OTHER MATTERS, IF ANY, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, INCLUDING BUT NOT LIMITED TO THOSE BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS SET FORTH ON THE PLAT OF STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I: RECORDING NO: 202102120310 (ENCOMPASSES ENTIRE SITE) 8. NOT SURVEY RELATED 9. NOT SURVEY RELATED 10. SIDE SEWER EASEMENT RECORDING DATE: FEBRUARY 12, 2021 RECORDING NO.: 202102120314 WIDTH: 8 FEET (DOES NOT AFFECT SUBJECT PROPERTY) 11. NOT SURVEY RELATED 12. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: PUGET SOUND ENERGY, INC. PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE, TOGETHER WITH NECESSARY APPURTENANCES RECORDING DATE: SEPTEMBER 7, 2021, RECORDING NO: 202109070219 (SHOWN AS E1 UTILITIES EASEMENT) 13. NOT SURVEY RELATED 14. NOT SURVEY RELATED 15. NOT SURVEY RELATED 16. NOT SURVEY RELATED LEGAL DESCRIPTION (PER FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO. 611320158, DATED NOVEMBER 10, 2022) TRACT I, STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I, ACCORDING TO THE PLAT RECORDED IN VOLUME 35 OF PLATS, PAGE(S) 147 THROUGH 156, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. BUILDING SETBACKS FRONT YARD: 15' REAR YARD: 10, SIDE YARD: 5' NOTE: BUILDINGS PROPOSED AT THE TOP OF SLOPES GREATER THAN 30% SHALL HAVE A REAR YARD SETBACK OF TWENTY-FIVE (25) FEET FROM THE EDGE OF EXTERIOR FOOTINGS FOR BOTH NATURAL AND ENGINEERED FILL SLOPES UNLESS OTHERWISE APPROVED BY A GEO-TECHNICAL ENGINEER (PER CONDITION OF APPROVAL B. LAND USE, 4.). SHEET INDEX SHEET 1 DEDICATION, SIGNATURES SHEET 2 LEGAL DESCRIPTION, NOTES SHEET 3 SECTION VIEW, SITE SHEET 4 MAP SHEET 5 MAP SHEET 6 MAP SHEET 7 MAP SHEET 8 LINE & CURVE TABLES SHEET 9 LOT ADDRESS TABLE HORIZONTAL DATUM NAD 83/11 WASHINGTON NORTH ZONE ESTABLISHED USING GPS RTK ROVER CONSTRAINED TO THE WASHINGTON STATE REFERENCE NETWORK (WSRN) STATIONS SHEET 2 OF 9 LARSON AND ASSOCIATES LAND SURVEYORS ENGINEERS PLANNERS 9027 PACIFIC AVENUE, SUITE 4 9416 FP PH 3JTACOMA, WASHINGTON 98444-6247 11 �28�2022 (253)474-3404 /FAX (253)472-7358 Page 302 of 404 Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE III A PORTION OF THE NORTH 1/2 OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON 3 10 N 1 /4 CORNER SECTION 10 CALCULATED POSITION I �7 In IIII Ki v I � N 10 CENTER SECTION 10 w 3/4" IRON PIPE UP 0.4' M E 1/4 CORNER SECTION 10 _ 0.3' NORTH OF LINE ,M 3" BRASS DISK W/ 'X' & J VISITED 6/30/2020 IN \ PUNCH SET IN CONC 9 — — — - -__ — _ S_ 8T33'38_'E 2,601.77' K z DOWN 0.95' IN CASE �W 1/4 CORNER 1,270.02' SECTION 10 /_� S87'33'38"E 2,607.78' VISITED 2/26/2020 CALCULATED POSITION I ________417.66' — 420.26 2190. - - ---- — I M r0 0 TRACT I 6 _ H TRACT I-5 I �Q' / Z' \\ S87*27'59"E 1,270.02' CY)G N N cNP a PHASE LINE �(0N N A, ? O N N N N N h '�j v\ ti U � TRACT 1-2 w � N v �^� Qt✓✓= % / , / A� 85.66' �Q SW FIELDER P C27 �o rw N N a) cp N ham' 0i 39 r' rn Q' a' " N lb30.51' / W TRACT I- 4 2830 STETSON HEIGHTS, PHASE I \ 233 237 Q TRACT20� N 2�2 236 28A ?03 O= / I / z 2'51 235 4 / N N w r, t" 20C o o 04 234 I O LO / 0 N Z = � ( � \ SW PENDLETON WAY o r' 2 / \ 5 ti ryry� 227 �<" 207 �' / v�j E 226 224 N N 1 225 N N N N cv N 208 O `i!y / I Z N87T*22'21"W 1,299.50'000,� i D Sod J� y6$ SEE LINE AND CURVE _ I I I I w i TABLES ON SHEET 8 I N / cn I II = o L I z I o p I� IC ----- SW SEDGE STREET - - - - _ STETSON HEIGHTS PHASE I \'— - LEGEND MONUMENT FOUND AS NOTED B A ® SET KITSAP COUNTY STANDARD ROAD MONUMENT 200 0 200 400 SCALE IN FEET 0 CORNER FOUND AS NOTED I INDEX: IN THE N 1/2 OF THE SW 1/4, SEC 10, TWP 23 N, KITSAP STANDARD MONUMENT SET FOR PHASES I, II, & IV RGE 1 E, W.M. Lu � SHEET 3 OF 9 O SEE FOUND CORNER DESCRIPTIONS ON SHEET 8 _ _Ln LO Ln (n o �I 5 E. g LARSON SW CORNER SECTION 10 2" BRASS DISK W/'X' & 'NE/16' AT SURFACE A of wAsx / AND ASSOCIATES VISITED 2/26/2020 �, o� �� _ ; S 1/4 CORNER SECTION 10 9 10 3" BRASS DISK W/ 'X' & PUNCH MARKED "KITSAP COUNTY, T23N, R1E, 10/15' VISITED 2/26/2020 LAND SURVEYORS ENGINEERS PLANNERS 9027 PACIFIC AVENUE, SUITE 4 9416 FP PH 3 TACOMA, WASHINGTON 98444-6247 r,. 11 /28/2022 (253)474-3404 /FAX (253)472-7358 Ch 15 Page 303 of 404 Back to Agenda co STETSON HEIGHTS, A PLAT COMMUNITY, PHASE III A PORTION OF THE NORTH 1/2 OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON CONTINUED ON SHEET 5 777- N2'20'18"E 659.75' 4• 0 40 i• SCALE IN FEET SEE LINE AND CURVE TABLES ON SHEET 8 EET4OF9 LARSON AND ASSOCIATES LAND SURVEYORS ENGINEERS PLANNERS =TACOMA, ACIFIC AVENUE, SUITE 4 =FPPH WASHINGTON 98444-6247 4-3404 / FAX (253)472-7358 g Page 304 of 404 Back to Agenda I I I II I i I SEE DETAIL N AREA SHEET 6 0000 STETSON HEIGHTS, A PLAT COMMUNITY, PHASE III A PORTION OF THE NORTH 1/2 OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON CONTINUED ON SHEET 6 40 0 40 80 279 � � SCALE IN FEET I 249 � � , � 265 -- -- - -- -- 216 I 25, 2530' 30' ' ' 278 o I N2'39'36"E 122.66' 0 0 3,985 SF I o 0 217 0 sa 13'4a E ' o Na 13'4a'w o TRACT 1-1 � Cn I Cl I 4,907 SFCD 248 0 266 0 600 4,000 SF ' �' 4,000 SF Ns ACTIVE I S2'39'36"W 99.63' I o oui -`V o 277 I � N2'39'36"E 122.69' o MENT g' RECREATION o o N 10' UTILI CUES EAo 00' N o Op' 0 75,005 SF 00 00 3,985 SF 00 o6 00, I 21 0 0 8 P 581S48"E ' o o N813'48w 100• �o o cn I ° LO 'w 4,908 SF N 247 $ J 2 6 7 o S2'39'36"W 99.63' 4,000 SF ' to 4,000 SF 40 i 276 N2'39'36"E 122.71' n o SS 1348E 100.00' ' Na 1S48 100.00' 0 3,985 SF o 219 0 g 4 ,909 SF o o � I LO 246 ' o I 268 0 10' UTILITIES EASEMENT --I > 4,000 SF 4,000 SF S2'39'36"W 99.63' 1 0 p0' SEMENT o 275 .0I N2'39'36"E 122.73' s813'48"E 100. ' UT�UITIES EA o I o z 10, 3,985 SF 220 "w 100.00 O 0 0 $ Ng 13'48 0 o0 4,910 SF 6 245 0 269 o S2'39'36"W 99.63' J 4,000 SF 1 o 4,000 SF I p 0 0 E 1p0.00' 0 1 0 274 o I Lu 0 Lu N2'39'36"E 122.76' x \ S0713,48 " Na 1�'48"w 100.00' 3,985 SF 0 I 221 g o o 4,911 SF o Z 244 ) , L13 Lo 0�,=-4 S2'39'36"W 99.63' ( N °� N 4,115 SF C28 ` 270 b 273 b N2'39'36"E 122.78' N 1oo.op' v 6,901 SF o 0 3,985 SF 0 222 0 Z. Ci I 4,912 SF o Co z \ \ rF.� S2'39'36"W 99.63' 243 �, �`L 30' 30' I-- 10' UTILITIES EASEMENT 4,897 SF °`t `� \ b 272 N2'39'36"E 122.80' 'o 1p�s0 '��• 985 SF o� ,0 223 0 I 4,912 SF 0 S2'39'36"W 99.63' / 242 ��; ,p 4 4.89' 4,897 SF \\�600 l N2'39'36"E 122,82' �� G3 271 �� s�S 4-- 4,813 SF to .� a� �, 00, s'>>6� b 224 ,p\� (\2 2 ---.-- �_ o �1ti �,0 �6 1 _ h° 8,497 SF F 241 .01 99' L11 L12 __ Cl1� �/� m 4,897 SF N 2690 6a)4.73' _ p.ga00°� , I 7 r� S8'2=_64.73'p�108'11'23" Sp 00 0 ti �4 N C9 R, ��SIN FIELDER PLq�,' 81.23' >F 240 0 046 E \ 76.13, 4,897 SF °°. \ ` _ C45 64.73' S14'0 8'29 % " 186. i 05. 239 00 -__ 40.00, C10 15.9p, 45' .47130.67W' 70' 11 p S7' 47' L10 TRACT 1-2 o16.30' — 29.57� - STORMWATER ti s8 ��, 4,897 SF o 0 8.43' — 85.20• N V_ 125,653 SF R`''�A.6' �`''� �0 238 o �� I o 08F o� 4,897 SF 237 N c15 c� LO l s 236 0 0 �I-\ L1 4,586 SF M 4,000 SF w 235 N ram•'-� v 00\\ C17 N3� 5896' Z M 4,538 SF 234 `sue; • , L9 LEGEND �9;9F Co M o 4,917 SF N �j I 8¢33b R= o.00' ® SET KITSAP COUNTY STANDARD ROAD MONUMENT 00 ^ I 5. N 00 00 o CORNER FOUND AS NOTED N2p249"� 51 Z I '\ ^ I 227 o KITSAP STANDARD MONUMENT SET FOR PHASES I, II, & IV •85 15 18.5' 6,078 SF N10'37'45" 40.00' iu w • SET REBAR & CAP, BATTEY 30425 E N8'22'26"E 50.2 49 C13 1 N 226 225 N12'51' " N A 1" BRONZE DISK SET IN SIDEWALK, BATTEY 30425 00 CONTINUED ON SHEET 4 E N14.0g94 I h 4,207 SF 5,787 SF CORNER SET FOR PHASE II, SHAW 49290 E I I N V' SHEET 5 O (NR) NON -RADIAL BEARING O® RADIAL BEARING SEE FOUND CORNER DESCRIPTIONS ON SHEET 8 -- BARB WIRE FENCE HOG WIRE FENCE WOOD FENCE SEE LINE AND CURVE TABLES ON SHEET 8 LARSON AND ASSOCIATES LAND SURVEYORS ENGINEERS 10 PLANNERS 9027 PACIFIC AVENUE, SUITE 4 9416 FP PH 3 TACOMA, WASMNGTON 98444-6247 1 1 /28/2022 (253)474-3404 / FAX (253)472-7358 Page 305 of 404 Back to Agenda 255 N8'00'49"E 8 1p 254 4,546 SF S2'35'34"W 100.97' 0 253 0 4,038 SF S2'35'34"W 100.93' 252 LO 4,323 SF SEE DETAIL AREA BELOW NO.35'20"W 101.36' �J-- 7.52' 251 ! 1 4,700 SF I 9 I I � 100.00' ' S8 13 48"E TRACT I-5 I 2.9' -- i ENCROACHMENT I I 250 TRACT 1 0 4,000 SF 345 SF I o 1 I00.00, Iwo 1 Sg13' 48"E Izoz 0.1, 1 N Q -1 249 1'/ l0 4,000 SF I 2.3 I o I 0.9' - STETSON HEIGHTS, A PLAT COMMUNITY, PHASE III A PORTION OF THE NORTH 1/2 OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON f 1 I ^ O U O I0PO I 1 1 �� ! rn h 0I O -00 CD OO) N 0) 0) 0) h N h Iz Z LO N h M 00 N 00 J I 0 OD 1 � 1 � o �1 0 rn I IN I , 48"E 100.00, I � I Sg 13 1 248 I I 4,000 SF r A- / o EpSEMEN \� 0.5' / / aZo 10' UTILITIES 48"E 100•p0, 247 4,000 SF / z rn o I o 13' 48 0"E 100.00, 1 -� sa 1 h Ln 246 S23201 W 1 3.00' i 1 00 1 I I I 1 I I I I I 1 I TRACT 1-2 STORMWATER i 0) � 125,653 SF I I ) I� N N � I I I z z 1 1 I I 1 TRACT 1-5 I ENCROACHMENT TRACT N2'32'01 "E 1 345 SF I 3.00' r DETAIL AREA SCALE: 1" = 30' 0 o n m 25' C, 25' o 259 N 13'35' 10 260 4,991 SF N2'35'34"E 100.00' 261 4,000 SF N2'35'34"E 100.00' 262 4,967 SF 100.00 11, 263 4,000 SF Ng 13' 48"W 100.00, 264 4,000 SF W O N O N - C m Ng 13' 48"w 100.00' 265 4,000 SF Na 13 48"W 100.00 266 4,000 SF of 0 01 0 48"W 100.00' Ng 13 267 4,000 SF Ng 13' 48"w 100.00, 268 LEGEND ® SET KITSAP COUNTY STANDARD ROAD MONUMENT O CORNER FOUND AS NOTED S KITSAP STANDARD MONUMENT SET FOR PHASES I, II, & IV • SET REBAR & CAP, BATTEY 30425 CORNER SET FOR PHASE II, SHAW 49290 (NR) NON -RADIAL BEARING (R) RADIAL BEARING —X X BARB WIRE FENCE HOG WIRE FENCE WOOD FENCE 0 0 0 0 CONTINUED ON SHEET 7 0 0 0 t 0 TRACT 1-1 0 d' ACTIVE RECREATION 75,005 SF 0 0 0 0 O 0 0 �6 of N LO S2'39'36"W 99.63' 283 3,985 SF S2'39'36"W 99.63' 282 3,985 SF S2'39'36"W 99.63' 281 3,985 SF S2'39'36"W 99.63' 280 3,985 SF S2'39'36"W 99.63' 279 3,985 SF S2'39'36"W 99.63' 278 3,985 SF 0 0 0 d- 0 0 O 0 11 0 0 30' o 0 I rn S2'39'36"W 99.63' 0 0 277 0 3,985 SF o V) I � S2'39'36"W 99.63' 0 276 3,985 SF I 0 0 10' UTILITIES EASEMENT ---I S2'39'36"W 99.63' 275 CONTINUED ON SHEET 5 1 210 10' UTILITIES EASEMENT(TYP) N2'39'36"E 123.58' N I 211 4,909 SF N2'39'36"E 122.55' N2'39'36"E 122.55' 212 0 4,903 SF 0I I-- 10' UTILITIES EASEMENT(TYP) N2'39'36"E 122.57' 213 0 O 4,903 SF 0 N2'39'36"E 122.60' 214 Q CD 0 4,904 SF N2'39'36"E 122.62' 0 215 0 0 4,905 SF z �1w N2'39'36"E 122.64' U) 216 0 0 I 4,906 SF � 30' N2'39'36"E 122.66' - I 217 O 4,907 SF � I I LO w N2'39'36"E 122.69' N o 0 I 218 4,908 SF N2'39'36"E 122.71' 219 SEE LINE AND CURVE TABLES ON SHEET 8 0 0 0 0 0 0 t 0 0 0 0 0 0 O N C)100 N r` �s ,RAs A LARSON o of AND ASSOCIATES LAND SURVEYORS <<" x ENGINEERS ° PLANNERS 30425 'w�' ISTEgF.9 L LAI19 9027 PACIFIC AVENUE, SUITE 4 9416 FP PH 3 TACOMA, WASHINGTON 98444-6247 1 1 /28/2022 (253)474-3404 / FAX (253)472-7358 �� Page 306 of 404 Back to Agenda SEE LINE AND CURVE TABLES ON SHEET 8 STETSON HEIGHTS, A PLAT COMMUNITY, PHASE III A PORTION OF THE NORTH 1/2 OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON L5L 262 LEGEND ® SET KITSAP COUNTY STANDARD ROAD MONUMENT 0 CORNER FOUND AS NOTED KITSAP STANDARD MONUMENT SET FOR PHASES I, II, & IV • SET REBAR & CAP, BATTEY 30425 * CORNER SET FOR PHASE II, SHAW 49290 (NR) NON —RADIAL BEARING (R) RADIAL BEARING OD OI SEE FOUND CORNER DESCRIPTIONS ON SHEET 8 --X X — BARB WIRE FENCE HOG WIRE FENCE WOOD FENCE SHEET 7 OF 9 LARSON AND ASSOCIATES LAND SURVEYORS ENGINEERS PLANNERS ETACOMA, 7 PACIFIC AVENUE, SUITE 4 9416 FP PH 3 WASHINGTON 98444-6247 11/28/202)474-3404 / FAX (253)472-7358 Page 307 of 404 Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE III A PORTION OF THE NORTH 1/2 OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON FOUND CORNER DESCRIPTIONS 5/8" REBAR & CAP O 'KEGEL LS 14065 VISITED 2/28/2020 0.95' NORTH OF CALC CORNER O 5/8" REBAR & CAP 'KEGEL LS 14065 VISITED 2/28/2020 0.9' NORTH OF LINE O 5/8" REBAR & CAP 'KEGEL LS 14065 VISITED 2/28/2020 1.17' NORTH OF CALC CORNER O 5/8" REBAR & CAP 'KEGEL LS 14065 VISITED 2/28/2020 2.78' NORTH OF CALC CORNER O 5/8" REBAR & CAP F.A. KEGEL LS 14065' VISITED 6/24/2020 2.9' NORTH OF CALC CORNER O 5/8" REBAR & CAP F.A. KEGEL LS 14065' VISITED 6/25/2020 5.11' NORTH OF CALC CORNER 5/8" REBAR & CAP L 'THORTON LS 10238' VISITED 6/25/2020 1.22' NORTH OF LINE O1 /2" IRON PIPE W/ FLAG H & 2x2 STAKE MARKED PROPERTY CORNER VISITED 6/25/2020 1.17' NORTH OF LINE O 5/8" REBAR & CAP F.A. KEGEL LS 14065' VISITED 2/28/2020 1.03' NORTH OF CALC CORNER 3/4" IRON PIPE O VISITED 6/29/2020 O 3/4" IRON PIPE UP 0.5' VISITED 6/30/2020 O1 /2" REBAR & CAP L RPLS 9398 DOWN 0.9' VISITED 6/30/2020 0.48' NORTH OF LINE O1" IP W/ CAP M RPLS 9398 VISITED 6/30/2020 0.32' NORTH OF CALC CORNER LINE TABLE LINE # LENGTH DIRECTION L1 0.12' N14'08'29"E L2 3.60' S14'08'29"W L3 15.70' N36'01'57"W L4 3.50' N89'59'58"E L5 10.82' N32'49'34"W L6 3.27' S26'39'30"W L7 1.54' N16'49'37"E L8 11.42' N17'23'21"E L9 12.33' N14'08'29"E L10 2.15' S14'08'29"W L11 30.05' S8'22'26"W L12 34.68' S8'22'26"W L13 7.10' S81'46'12"W L14 4.28' S1'10'42"E L15 19.75' S8837'50"W L16 5.62' NO'32'18"W L17 19.73' N87'27'59"W L18 70.17' N17'23'21"E L19 92.84' N16'49'37"E L20 39.98' N15'56'08"E L21 160.00' N31'30'44"E L22 48.48' N29'51'00"E L23 100.00' N63'20'30"W L24 116.17' N52'51'39"W L25 75.87' N58'29'10"W L26 155.90' N30'56'51"E CURVE TABLE CURVE # LENGTH RADIUS DELTA Cl 15.67' 185.00' 4'51'14" C2 7.84' 185.00' 2'25'40" C3 7.83' 185.00' 2'25'34" C4 34.95' 185.00' 10*49'22" C5 30.22' 160.00' 10*49'22" C6 39.67' 210.00' 10*49'22" C7 11.66' 210.00' 310'54" C8 28.01' 210.00' 7'38'28" C9 18.22' 181,00' 5'46'03" C10 15.70' 156.00' 5'46'03" C11 8.22' 206.00' 2*17'13" C12 34.26' 25.00' 78'31'07" C13 4.24' 185.00' 1 *18'46" C14 5.23' 218.50' 1'22'16" C15 18.38' 25.00' 42'07'37" C16 21.03' 25.00' 48*11'23" C17 4.93' 50.00' 5'38'54" C18 21.03' 25.00' 48'11'23" C19 34.26' 25.00' 78'31'07" C20 76.33' 215.00' 20'20'31" C21 58.25' 50.00' 66'44'43" C22 21.24' 215.00' 5'39'41" C23 14.26' 215.00' 3'48'04" C24 34.81' 50.00' 39'53'25" C25 23.44' 50.00' 26*51'17" C26 11.37' 250.00' 2*36'19" C27 2.97' 300.00' 0'34'02" C28 4.90' 210.00' 1 *20'13" C29 28.87' 215.00' 7'41'33" C30 1.79' 215.00' 0'28'42" CURVE TABLE CURVE # LENGTH RADIUS DELTA C31 27.07' 215.00' 7*12'52" C32 28.31' 200.00' 8'06'38" C33 18.21' 215.00' 4'51'14" C35 40.71' 218.50' 10*40'29" C36 40.71' 218.50' 10'40'29" C37 40.71' 218.50' 10*40'29" C38 47.52' 218.50' 12'27'42" C39 40.78' 218.50' 10*41'36" C40 40.71' 218.50' 10*40'30" C41 40.59' 218.50' 10'38'33" C42 36.12' 218.50' 1 9*28'18" C43 46.69' 50.00' 5330'24" C44 42.79' 50.00' 49'02'05" C45 24.11' 210.00' 6'34'39" C46 40.00' 210.00' 10'54'49" C47 40.00' 210.00' 10'54'49" C48 40.00' 210.00' 10*54'49" C49 40.00' 210.00' 10*54'49" C50 40.00' 210.00' 10'54'49" C51 40.00' 210.00' 10*54'49" C52 28.38' 300.00' 5*25'15" C53 40.03' 300.00' 7'38'42" C54 40.03' 300.00' 7'38'42" C55 40.02' 300.00' 738'35" C56 47.96' 250.00' 10*59'28" C57 66.87' 250.00' 15*19'29" C58 40.82' 215.00' 10'52'45" SHEET 8 OF 9 LARSON AND ASSOCIATES LAND SURVEYORS ENGINEERS PLANNERS Page 308 of 404 ETACOMA, 7 PACIFIC AVENUE, SUITE/58 9416 FP PH 3 WASHINGTON 98444-11/28/2022)474-3404 /FAX (253)472-73 Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE III A PORTION OF THE NORTH 1/2 OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON LOT # ADDRESS PARCEL NO. 201 1342 SW PENDLETON WAY 202 1346 SW PENDLETON WAY 203 1352 SW PENDLETON WAY 204 SW PENDLETON WAY 205 SW PENDLETON WAY L1372 206 SW PENDLETON WAY 207 1376 SW PENDLETON WAY 208 5990 REBEL ROAD SW 209 1380 SW PENDLETON WAY 210 1384 SW PENDLETON WAY 211 1388 SW PENDLETON WAY 212 1390 SW PENDLETON WAY 213 1398 SW PENDLETON WAY 214 1402 SW PENDLETON WAY 215 1412 SW PENDLETON WAY 216 1424 SW PENDLETON WAY 217 1428 SW PENDLETON WAY 218 1434 SW PENDLETON WAY 219 1444 SW PENDLETON WAY 220 1454 SW PENDLETON WAY 221 1464 SW PENDLETON WAY 222 1468 SW PENDLETON WAY 223 1478 SW PENDLETON WAY 224 1490 SW PENDLETON WAY 225 1591 SW FIELDER PLACE 226 1581 SW FIELDER PLACE 227 1571 SW FIELDER PLACE 228 1500 SW PENDLETON WAY 229 1510 SW PENDLETON WAY 230 1520 SW PENDLETON WAY 231 1530 SW PENDLETON WAY 232 1540 SW PENDLETON WAY 233 1550 SW PENDLETON WAY 234 1561 SW FIELDER PLACE 235 1551 SW FIELDER PLACE 236 1541 SW FIELDER PLACE 237 1531 SW FIELDER PLACE 238 1521 SW FIELDER PLACE 239 1511 SW FIELDER PLACE 240 1501 SW FIELDER PLACE 241 1491 SW FIELDER PLACE 242 1481 SW FIELDER PLACE 243 1471 SW FIELDER PLACE 244 1461 SW FIELDER PLACE 245 1451 SW FIELDER PLACE 246 1441 SW FIELDER PLACE 247 1431 SW FIELDER PLACE 248 1421 SW FIELDER PLACE 249 1419 SW FIELDER PLACE 250 1401 SW FIELDER PLACE LOT # ADDRESS PARCEL NO. 251 1381 SW FIELDER PLACE 252 1371 SW FIELDER PLACE 253 1367 SW FIELDER PLACE 254 1357 SW FIELDER PLACE 255 1349 SW FIELDER PLACE 256 1345 SW FIELDER PLACE 257 1339 SW FIELDER PLACE 258 1330 SW FIELDER PLACE 259 1340 SW FIELDER PLACE 260 1350 SW FIELDER PLACE 261 1360 SW FIELDER PLACE 262 1370 SW FIELDER PLACE 263 1400 SW FIELDER PLACE 264 1410 SW FIELDER PLACE 265 1420 SW FIELDER PLACE 266 1430 SW FIELDER PLACE 267 1440 SW FIELDER PLACE 268 1450 SW FIELDER PLACE 269 1460 SW FIELDER PLACE 270 1470 SW FIELDER PLACE 271 1485 SW FIELDER PLACE 272 1477 SW PENDLETON WAY 273 1469 SW PENDLETON WAY 274 1461 SW PENDLETON WAY 275 1457 SW PENDLETON WAY 276 1445 SW PENDLETON WAY 277 1437 SW PENDLETON WAY 278 1429 SW PENDLETON WAY 279 1421 SW PENDLETON WAY 280 1413 SW PENDLETON WAY 281 1405 SW PENDLETON WAY 282 1397 SW PENDLETON WAY 283 1389 SW PENDLETON WAY 284 1369 SW PENDLETON WAY 285 1361 SW PENDLETON WAY 286 1353 SW PENDLETON WAY 287 1347 SW PENDLETON WAY F LARSON AND ASSOCIATES I,] LAND SURVEYORS ENGINEERS PLANNERS ETACOMA, 7 PACIFIC; AVENUE, SUITE 4 9416 FP PH 3 WASHINGTON 98444-6247 11/28/2022)474-3404 /FAX (253)472-7358 Page 309 of 404 Exhibit B Back to Agenda After recording return document to: City of Port Orchard Permit Center 216 Prospect Street Port Orchard, WA 98366 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED rOR COUNTY RECORDER'S USE Grantor(s): Stetson Heights Homeowners Association Grantee(s): City of Port Orchard Legal Description: Tract A, Stetson Heights Phase I, according to the plat recorded in Vol 35 of Plats, Page(s) 147-156, inclusive, records of Vitsap County, WA Assessor's Tax Parcel Number: 5687-000-104-0004 Reference Number of Related Documents: N/A UTILITY EASEMENT Stetson Heights Phase I Project The Grantor(s), Stetson Heights Homeowners Association, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey unto the City of Port Orchard, a municipal corporation, and its successors and assigns (the Grantee), from the property legally described on Exhibit "A" — Entire Parcel (the "Property"), attached hereto and incorporated by this reference, a permanent utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the portion of the Property legally described on Exhibit `B" and depicted on Exhibit "C" (the "Utility Easement", also referred to as the "Water Booster Pump Station Easement"), which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Utility Easement to inspect, construct, reconstruct, grade and slope, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade and slope, street lights, utilities (including without limitation water, sewer, Parcel No. 5687-000-104-0004 Page 1 of ( 7 ) Pages Page 310 of 404 Back to Agenda PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY. UTILITY EASEMENT storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore Property utilized by the Grantee for the purposes set out in this Utility Easement to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Utility Easement. Without limitation, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Utility Easement; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Utility Easement by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Utility Easement by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Utility Easement for the construction and maintenance of property improvements outside of the Utility Easement. 4. Grantee shall indemnify and hold harmless Grantor from and against any and all claims, demands, causes of action, damages, liens, liabilities, costs and expenses (including reasonable attorneys' fees and costs) ("Claims") to the extent caused by Grantee's use of the Property pursuant to this Utility Easement and for all work performed by Grantee pursuant to this Utility Easement. However, if any Claims are caused by the concurrent negligence of Grantor or its employees, agents, successors, and assigns, and Grantee or its employees or agents, this section shall be valid and enforceable only to the extent of the negligence of Grantee or its employees or agents. Grantee's obligation to defend, indemnify, and hold harmless under this section shall Parcel No. 5687-000-104-0004 Page 2 of ( 7 ) Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY Page 311 of 404 Back to Agenda PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY. UTILITY EASEMENT not include any Claims which may be caused by the sole negligence of Grantor or its employees, agents, successors, or assigns. 5. This Utility Easement and the rights, obligations and covenants stated in this Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Utility Easement shall be recorded with the Kitsap County Recorder's Office. 6. It is understood and agreed that delivery of this Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Port Orchard unless and until approved hereon in writing by City of Port Orchard. Dated: November Llgd, 2022. Grantor: Stetson Heip_hts Homesowners Association By Ashley Its President Accepted and Approved City of Port Orchard Its Date Parcel No. 5687-000-104-0004 Page 3 of ( 7 ) Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY. Page 312 of 404 Back to Agenda PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONL. UTILITY EASEMENT CORPORATE ACKNOWLEDGMENT STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Ashley M. Johnson is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the President of Stetson Heights Homeowners Association, to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of November, 2022. ` �11111111/I�� A tary Public Zqbp r >� t4 puBUC Z - f O� 'fill 101% ACUWLEDGMENT INDIVIDUAL STATE OF ss. COUNTY OF Raelyn Hulquist Printed Name Residing at Everett My appointment expires 10.01.2025 On this day personally appeared before me , to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this (SEAL) day of , 20 Notary Public Printed Name Residing at My appointment expires Page 4 of ( 7 ) Pages Parcel No. 5687-000-104-0004 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY Page 313 of 404 Back to Agenda PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLI UTILITY EASEMENT EXHIBIT "A" ENTIRE PARCEL LEGAL DESCRIPTION TRACT A, STETSON HEIGHTS, A PLAT COMMUNITY, PHASE 1, AS RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE NO. 202102120310, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON Parcel No. 5687-000-104-0004 Page 5 of ( 7 ) Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY. Page 314 of 404 Back to Agenda PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONL'. UTILITY EASEMENT EXHIBIT "B" EASEMENT LEGAL DESCRIPTION A PORTION OF TRACT A, STETSON HEIGHTS, A PLAT COMMUNITY, PHASE 1, AS RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE NO. 202102120310, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF SAID TRACT A; THENCE ALONG THE SOUTH LINE OF SAID TRACT A, SOUTH 55028'50" WEST, A DISTANCE OF 191.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 34031'06" WEST, A DISTANCE OF 58.75 FEET; THENCE SOUTH 65039'48" WEST, A DISTANCE OF 35.62 FEET; THENCE SOUTH 55018'41" WEST, A DISTANCE OF 44.34 FEET, TO THE EAST LINE OF LOT 103 OF SAID PLAT; THENCE ALONG SAID EAST LINE, SOUTH 34031' 10" EAST, A DISTANCE OF 64.92 FEET TO THE SOUTHEAST CORNER OF SAID LOT 103; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT A, NORTH 55028'50" EAST, A DISTANCE OF 79.40 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 5,051 S.F. MORE OR LESS. Parcel No. 5687-000-104-0004 Page 6 of ( 7 ) Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUMY RECORDER'S USE ONLY. Page 315 of 404 Back to Agenda PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLN UTILITY EASEMENT EXHIBIT "C" GRAPHIC DEPICTION WATER BOOSTER PUMP STATION EASEMENT STETSON HEIGHTS PHASE 1 TRACT A P.O.C. 9 3g q6� WATER BOOSTER PUMP ,9,y STATION EASEMENT / .�, 103 000z,-,t� , 5� �O- Parcel No. 5687-000-104-0004 Page 7 of ( 7 ) Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY Page 316 of 404 CITY OF PORT ORCHARD Public Works Director 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 876-4991 • Fax: (36o) 876-498o mdorsey@cit�ofportorchard.us www.cityorportorchard.us December 6, 2022 Port Orchard City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for Stetson Heights Phase 3 Dear City Council: In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the Conditions and Mitigation Measures within the City of Port Orchard Hearing Examiner decision dated September 1, 2016, the conditions of the SEPA MDNS dated June 24, 2016, and the minor plat amendment dated June 13, 2018. The subdivision as presented complies with all terms and conditions of the approved preliminary plat that are within the authority of the Public Works Department. I also state that the City of Port Orchard has confirmed that it has sufficient sewage disposal and water supply, pursuant to the to the completion of the required onsite and offsite improvements. Finally, the final plat documents have been reviewed, and I have confirmed that all working drawings and specifications for the improvements have been prepared in conformance with City standards and that all required improvements are either complete and accepted, or that a Performance Bond has been established for all unfinished/or unaccepted work. I therefore recommend approval of the final plat for Phase 3. If you should have any questions, or need additional information, please feel free to contact me at this office. Sincerely, K. Chris Hammer, PE, PMP City Engineer Page 317 of 404 Back to Agenda CITY OF PORT ORCHARD Development Director 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 874-5533 • Fax: (36o) 876-498o planning @ cityofportorchard.us www.cityofportorchard.us December 7, 2022 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for Stetson Heights Phase 3 (LU22-PLAT FINAL-04) Dear City Council: In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the conditions in the City of Port Orchard Hearing Examiner decision dated September 1, 2016, the conditions of the SEPA MDNS dated June 24, 2016, and the minor plat amendment dated June 13, 2018. An appropriate performance bond has been received by the City of Port Orchard for certain civil improvements which adequately satisfies the conditions of preliminary plat approval. An appropriate performance bond has been received by the City of Port Orchard for certain landscaping improvements which adequately satisfies the conditions of preliminary plat approval. The subdivision complies with all terms and conditions of the approved preliminary plat that are within the authority of the Department of Community Development. I therefore recommend approval of the final plat. Sincerely, Nicholas Bond, AICP City Development Director Page 318 of 404 Back to Agenda BILL OF SALE THIS BILL OF SALE is made and executed this 8TH day of December , 2022 by and between Short LLC , a Washington Limited Liability Corporation, hereinafter called the "Grantor" and the City of Port Orchard, a Municipal Corporation, hereinafter called the "Grantee." WITNESSETH: That the Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby conveys, sets over, assigns, transfers and delivers and warrants to the City of Port Orchard ownership in the following described personal property situated in Kitsap County, State of Washington, and installed by the Grantor to date, TO WIT: ALL ROADS AND UTILITIES, INCLUDING BUT NOT LIMITED TO STORMWATER COLLECTION AND TIGHTLINE CONVEYANCE SYSTEMS SANITARY SEWER CONVEYANCE FACILITIES, ALL WATER LINES TOGETHER WITH ALL ASSOCIATED APPERTURANCES AS CONSTRUCTED PER THE APPROVED ON -SITE ENGINEERING PLANS UNDER PERMIT NUMBERS PW 1M51 & PW 19-052 AS SHOWN AND AS DEPICTED ON THE RESPECTIVE PHASE THREE AS -BUILT PLANS. SEE EXHIBITS A & B. The Grantor hereby warrants that it is the lawful and sole owner of all the personal property above conveyed, that such items are free from all liens and encumbrances, that the Grantor has the full power to convey and transfer the same, and that the Grantor will defend the same against the claims and demands of any and all persons lawfully making claims thereto. The Grantor further warrants that the execution of this Bill of Sale is an authorized act of said Grantor. Dated at 11V/ ILA Oregon, this day of , 20-14 0 % [Remainder of page intentionally left blank] 11'Surcl% £orms'd;dl or Salc apprmed by Inwrim Attp'BiII of Sale - Master Form GRANTOR ,,V�� WIL-ex Print Name: 1�4 'NOV Page 319 of 404 Back to Agenda STATE OF OREGON ) COUNTY OF � ,5 ))ss On this day of UtCILK60 , 20,'Aa before me personally appeared k,I P-A VA-XW to me known to be the managing member for Z [�, a limited liability corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Given under my hand and official seal this q day of Lt&ML&V , 20 OFF IGIAL STAMP " pATlRIGIA ANN BONES Notarj P in and for the State f regon, : NOTARY PUBLIC - OREGON COMMISSION NO. 1022954 residi gin MY COMMISSION SXPIRFS MARCH 12026 My commission expires Dated at Port Orchard, Washington, this day of 20_ CITY OF PORT ORCHARD By: Public Works Director STATE OF WASHINGTON ) )ss COUNTY OF KITSAP } On this day and year above personally appeared before me, , who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Port Orchard for the uses and purposes therein mentioned, and on oath states he is authorized to execute the said instrument. Given under my hand and official seal this day of 20_ Notary Public in and for the State of Washington, residing in My commission expires P %Surely forms\Bill of Salewpproeed by Interim Alty'Bill of Sale - Nader Form Page 320 of 404 Back to Agenda EXHIBIT A LIST OF REQUIRED IMPROVEMENTS The following provides a general description of the improvements conveyed under this Bill of Sale related to the "Stetson Heights — Phase 3" project as shown in the approved construction plans under permit Ws PW 19-051 & PW 19-052. 1. Specific improvements conveyed under this Bill of Sale includes the following elements found within the approved construction drawings as follows: A. All roads and utilities, including but not limited to stormwater collection and tightline conveyance systems, sanitary sewer conveyance facilities, all water lines together with all associated appurtenances as constructed per the approved on -site engineering plans under permit numbers PW 19-051 & PW 19-052 as shown and as depicted on the respective phase three as -built plans. The items, quantity and value of the improvements describe above and conveyed under this Bill of Sale are presented in Exhibit B. Page 321 of 404 Back to Agenda LARSON AND ASSOCIATES Qlwylt&' P.N#IlBP.l & & IQ,N,ftw& W W W. RRLARSON.COM EXHIBIT B: CONSTRUCTION COST ESTIMATE STATUS: PH. 3 IMPROVEMENTS PROJECT. • STETSON HEIGHTS PH. 3 LOCATION: KITSAP COUNTY ENGINEER: GRANT J. MIDDLETON, P.E. DATE: 12-8-2022 ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL NO. QUANTITY MEAS. PRICE COST I. PH. 3 ONS/TE A. ASPHALT PAVEMENT 9911 SY $25.00 $247,775.00 B. CURB & GUTTER 5826 LF $15.00 $87,390.00 C. 30" STORM PIPE 83 LF $82.00 $6,806.00 D. 24" STORM PIPE 987 LF $75.00 $74,025.00 E. 18" STORM PIPE 180 LF $58.00 $10,440.00 F. 14" STORM PIPE 27 LF $48.00 $1,296.00 G. 12" STORM PIPE 1697 LF $40.00 $67,880.00 H. 8" STORM PIPE 30 LF $30.00 $900.00 I. 6" STORM PIPE (STUB CONNECTIONS) 581 LF $23.00 $13,363.00 J. CB TYPE I / IL 18 EA $800.00 $14,400.00 K. CB TYPE II 48" 15 EA $1,700.00 $25,500.00 L. CB TYPE II 60" 4 EA $3,500.00 $14,000.00 M. CB TYPE II 72" 1 EA $4,000.00 $4,000.00 N. 8" D.I. WATER MAIN 1310 LF $90.00 $117,900.00 O. 12" D.I. WATER MAIN 1254 LF $95.00 $119,130.00 P. FIRE HYDRANT 4 EA $5,000.00 $20,000.00 9027 Pacific Avenue, Suite 4, Tacoma WA 98444 Page 1Office (253) 474-3404 Fax (253) 473-7358 Page 322 of 404 Back to Agenda Q. 8" PVC SANITARY SEWER MAIN 1723 LF $45.00 $77,535,00 R. 12" PVC SANITARY SEWER MAIN 404 LF $50.00 $20,200.00 S. 2" HDPE FORCE MAIN 433 'LF $40.00 $17,320.00 T. 48" SANITARY SEWER MANHOLE 9 EA $1,700.00 $15,300.00 U. 60" SANITARY SEWER MANHOLE 2 EA $3,500.00 $7,000,00 V. SIDEWALK 5008 LF $33.00 $165,264.00 W. STREET SIGNS 7 EA $1,000.00 $7,000.00 X. PAVEMENT STRIPING 1 LS $15,000.00 $15,000.00 Y. MONUMENTATION 1 LS $3,000.00 $3,000.00 TOTAL CONSTRUCTION COSTS $1,152,424.00 Page 2 Page 323 of 404 CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two years Maintenance/Warranty Bond prior to releasing Performance Bond) PROJECT or PERMIT # Stetson Heights Phase 3 CONTRACT # SURETY BOND #: DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights, Phase 3 Owner/Developer/Contractor: Shor, LLC Project Location: On -Site Road Improvement Associated with Tax Parcel No. 5687-000-112-0004 KNOW ALL PERSONS BY THESE PRESENTS: That we, Shor, LLC (hereinafter called the "Principal'), and a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of Three Hundred Fourty Seven Thousand Three Hundred Ninety Five and Ninety Two Cents ($ 347,395.92 ), 150% of the total construction amount for Private Developers, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has entered into a certain agreement with the City, to perform the following project within the City: Install Street Lights, 2nd Lift of Asphalt, remove cold patch asphalt from around Water Valves and Final Survey Monumentation ; and WHEREAS, the agreement with the City requires that certain improvements be made as part of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications as required by the City; and WHEREAS, the agreement with the City requires that the improvements are to be made or constructed within a certain period of time, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: A. Conditions. 1. The improvements to be constructed by the Principal include: (Insert complete description here or add summary here and refer to a separate detailed description attached as Exhibit A.) Install Street Lights, 2nd Lift of Asphalt, remove cold patch asphalt from around Water Valves and Final Survey Monumentation (See Exhibit A-Rl Onsite Road and Storm Cost Estimate as attached) Page 324 of 404 Page 1 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 2. The Principal must construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above - referenced project. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal must have completed all improvements required by the above -referenced conditions, plans and City file by 12/8/2024 unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, material -men and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in Section A(3) above. Therefore, a Performance Bond in the amount of 150% of the anticipated construction costs to guarantee the Work to be completed shall be provided prior to the commencement of Work and will be released upon completion and acceptance of all Work and upon receipt of the 2-year Maintenance/Warranty Bond. All bonds must be in a form approved by the City. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claims relating to defect(s) in any of the workmanship entering into any part of the work or designated equipment covered by the contract between the Principal and the City. Once the work has been completed and accepted by the City, and all other conditions of this Bond have been satisfied, this Performance bond will be released and replaced with a two (2) year Maintenance Bond, not to exceed the sum of Fourty six Thousand Three Hundred Twenty dollars ($ 46,320 ), 20% of the total contract amount. This hold harmless and indemnification agreement shall survive the expiration of this Bond. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection B(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's estimate, limited to the bond amount. 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. Page 325 of 404 Page 2 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 326 of 404 Page 3 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 DATED this day of 920 SURETY COMPANY PRINCIPAL (Signature must be notarized) (Signature must be notarized) By: By: Its Its Managing Member Print Name: Business Name: Business Address: City/State/Zip Code: Telephone Number: Print Name: Kiril Ivanov Business Name: Shor, LLC Business Address: 27375 SW Parkway Ave City/State/Zip Code: Wilsonville, OR 97070 Telephone Number: 503.655.7933 CITY OF PORT ORCHARD ACCEPTED DATE: BY: PRINTED NAME: ITS: CITY ENGINEER BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Page 327 of 404 Page 4 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF OREGON ) ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: P�ge28 9f 404 Page 5 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16 i75- 1-2U FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ) ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: P�ge291-29f 404 Page 6 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16 i75- U Back to Agenda Exhibit A R1 COST ESTIMATE STATUS: PHASE 3 ONSITE ROAD & STORM BOND AMOUNT PROJECT: STETSON HEIGHTS - PHASE 3 LOCATION: CITY OF PORT ORCHARD ENGINEER: GRANT J. MIDDLETON, P.E. DATE: 12/6/2022 ITEM EST. UNIT UNIT TOTAL NO. DESCRIPTION CITY. MEAS. PRICE COST 1 STREETLIGHTS 26 EA $3,000.00 $78,000.00 2 2ND ASPHALT LIFT 80296 SF $1.68 $134,897.28 3 REMOVE COLD PATCH FROM AROUND 12 EA $100.00 $1,200.00 WATER VALVES PRIOR TO FINAL LIFT 4 FINAL MONUMENTATION & ASBUILTS 1 LS $10,000.00 $10,000.00 5 MOBILIZATION 1 LS $7,500.00 $7,500.00 TOTAL CONSTRUCTION COSTS $231,597.28 BOND AMOUNT @ 150% $347,395.92 Page 330 of 404 Back to Agenda CITY OF PORT ORCHARD LANDSCAPE PERFORMANCE BOND Name of Project Stetson Heights Phase 3 Project Location Landscaping Improvements associated with Parcel No. 5687-000-112-0004 Project/Application # Performance Bond Amount $ 441,920.63 See Exhibit A-L1 Landscaping Cost Estimate as attached. Bond # Know all men by these presents: That whereas the City of Port Orchard, State of Washington has issued a permit to Shor, LLC (Contractor) hereinafter designated as the "Principal' a permit for the construction of the project designated Stetson Heights Phase 3 Landscaping Improvements See Exhibit A - Cost Estimate , Port Orchard, Washington all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and (Surety), a corporation, organized and existing under and by virtue of the laws of the State of , duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Port Orchard, Washington, in the sum of: Four Hundred Fourty One Thousand Nine Hundred Twenty and Sixty Three Cents Dollars ($ 441,920.63 ) 150% Total Contract Amount lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and material men, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or their part, and shall indemnify and save harmless the City of Port Orchard, Washington, their officers and agents from any claim for such payment; and shall further save harmless and indemnify said City of Port Orchard, Washington, from any claims relating to defect or defects in any of the workmanship entering into any part of the work or designated equipment covered by said contract. Once the work has been completed and accepted by the City of Port Orchard this Performance Bond will be released and replaced with a 2 year Maintenance Bond not to exceed the sum of: Three Hundred Sixty Eight Thousand Two Hundred Sixty Seven and Eighteen Cents Dollars ($ 368,267.19 ) 125% Total Contract Amount. This hold harmless and indemnification agreement shall survive the expiration of this bond. City of Port Orchard Landscape Performance Bond Page 331 of 404 Page 1 of 2 And the said Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two (2) counterparts thereof to be signed and sealed by their duly authorized officers this day of , 20 Principal Sure By Signature Kiril Ivanov Print Name Managing Member Title 27375 SW Parkway Ave Mailing Address Wilsonville, OR 97070 City, State, Zip Code 503.655.7933 Phone Number jeff@iecon.us Email Address Accepted by the City of Port Orchard this By Signature Printed Name Title Signature Print Name Title Mailing Address City, State, Zip Code Phone Number Email Address day of , 20 City of Port Orchard Landscape Performance Bond Page 332 of 404 Page 2 of 2 Back to Agenda Exhibit A L1 COST ESTIMATE STATUS: PH. 3 LANDSCAPING BOND AMOUNT PROJECT: STETSON HEIGHTS PH. 3 LOCATION: CITY OF PORT ORCHARD ENGINEER: GRANT J. MIDDLETON, P.E. DATE: 12/6/2022 ITEM EST. UNIT NO. DESCRIPTION QTY. MEAS. PRICE 1 PLANTER TOPSOIL(TREE PITS AND 2,019 CY $50.00 317972 SF OPEN SPACE HYDRO SEED AREAS 2" DEPTH)- 2 PLANT MATERIAL - TREES - 2.5" 59 EA $425.00 STREET TREES PH 2* 3 PLANT MATERIAL - TREES - 1.5" 46 EA $300.00 STREET TREES PH 2* 4 PLANT MATERIAL - TREES - 86 EA $50.00 SEEDLINGS (ACER-M, ARB, DOUG, PIN-C)* 5 SOFT TRAILS - HOG FUEL PATHWAY 6,500 SF $1.00 (1,300LF X 5'WIDE)* 6 SOFT TRAILS - GRADING 200 CY $22.00 7 HYDROSEED LAWN* 217,500 SF $0.05 8 INVASIVE SPECIES REMOVAL* 1 LS $22,000.00 (HAND REMOVAL -INCLUDES SCOTCH BROOM) 9 INVASIVE SPECIES REMOVAL (ANNUAL 2 ANNUAL $7,500.00 MAINTENANCE FOR 2-YEARS POST CONSTRUCTION)* 10 POND 3 WET POND PLANTINGS 2,750 EA $6.50 11 EQUIPMENT, MATERIALS & 5% OF ITEMS ABOVE INSTALLATION COST: OH (5%)* 12 ENGINEERING & SURVEY SUPPORT 1 LS $5,000.00 13 MOBILIZATION 1 LS $3,000.00 14 TEMP. IRRIGATION (COMBINATION OF 11 ZONE $1,800.00 GATOR BAGS, TRUCK WATERING AND OVER GROUND PIPE) 15 ACTIVE REC. TRACT H 1 LS $35,000.00 TOTAL CONSTRUCTION COSTS BOND AMOUNT @ 150% TOTAL COST $100,950.00 $25,075.00 $13,800.00 $4, 300.00 $6, 500.00 $4,400.00 $10,875.00 $22,000.00 $15, 000.00 $17,875.00 $11,038.75 $5,000.00 $3,000.00 $19,800.00 $35,000.00 $294,613.75 $441,920.63 Page 333 of 404 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two years Maintenance/Warranty Bond prior to releasing Performance Bond) PROJECT or PERMIT # Stetson Height Phases 1 & 2 CONTRACT# SURETY BOND #: DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights Phases 1 and 2 Owner/Developer/Contractor: SSHI, LLC dba DR Horton Proj ect Location: 102301-4-062-2003;102301-3-002-2004, 102301-3-023-2003 and 102301-3-024-2002 KNOW ALL PERSONS BY THESE PRESENTS: That we, SSHI, LLC dba DR Horton (hereinafter called the "Principal'), and a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of One Hundred Ninty Four Thousand Five Hundred Fifty ($ 194,550.00 ), 150% of the total construction amount for Private Developers, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has entered into a certain agreement with the City, to perform the following project within the City: Stetson Heights Phases 1 & 2 : and WHEREAS, the agreement with the City requires that certain improvements be made as part of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications as required by the City; and WHEREAS, the agreement with the City requires that the improvements are to be made or constructed within a certain period of time, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: A. Conditions. 1. The improvements to be constructed by the Principal include: (Insert complete description here or add summary here and refer to a separate detailed description attached as Exhibit A.) See Attached Exhibit A - Erosion Control Bond Quantities Estimate Page 334 of 404 Page 1 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 2. The Principal must construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above - referenced project. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal must have completed all improvements required by the above -referenced conditions, plans and City file by 12/8/2024 unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, material -men and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in Section A(3) above. Therefore, a Performance Bond in the amount of 150% of the anticipated construction costs to guarantee the Work to be completed shall be provided prior to the commencement of Work and will be released upon completion and acceptance of all Work and upon receipt of the 2-year Maintenance/Warranty Bond. All bonds must be in a form approved by the City. (Maintenance bond N/A) The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claims relating to defect(s) in any of the workmanship entering into any part of the work or designated equipment covered by the contract between the Principal and the City. Once the work has been completed and accepted by the City, and all other conditions of this Bond have been satisfied, this Performance bond will be released and replaced with a two (2) year Maintenance Bond, not to exceed the sum of N/A dollars ($ N/A) This is only a Performance Bond no Maintenance Bond will be required. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection B(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's estimate, limited to the bond amount. 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. Page 335 of 404 Page 2 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 336 of 404 Page 3 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 DATED this day of 920 SURETY COMPANY PRINCIPAL (Signature must be notarized) (Signature must be notarized) By: By: Its Its Print Name: Business Name: Business Address: City/State/Zip Code: Telephone Number: Print Name: Business Name: SSHI, LLC dba DR Horton Business Address: 11241 Slater Ave. #200 City/State/Zip Code: Kirkland, WA 98033 Telephone Number: 425.736.1638 CITY OF PORT ORCHARD ACCEPTED DATE: BY: PRINTED NAME: MARK DORSEY, P.E. ITS: CITY ENGINEER BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Page 337 of 404 Page 4 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: g 33 Page 5 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-i6�i75-0182pf 404 FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ) ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: g 33 Page 6 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-i6�i75-012 Sf 404 Back to Agenda EXHIBIT A ESC 1 COST ESTIMATE STATUS: PHASES 1 & 2 BMP'S PROPOSED BOND AMOUNT PROJECT: STETSON HEIGHTS -ADDITIONAL ON -SITE BMP'S FOR CORRECTIVE MEASURES LOCATION: CITY OF PORT ORCHARD ENGINEER: GRANT J. MIDDLETON, P.E. DATE: 12/5/2022 ITEM EST. UNIT UNIT TOTAL NO. DESCRIPTION CITY. MEAS. PRICE COST 1 STRAW WATTLES 4000 LF $1.25 $5,000.00 2 QUARRY SPALLS (CONSTRUCTION(S) 50 CY $20.00 $1,000.00 ENTRANCE AND/OR V-DITCH CHECK DAMS) 3 6-MILL PLASTIC COVERING 40000 SF $0.10 $4,000.00 4 EROSION CONTROL STRAW BLANKET 25000 SF $0.40 $10,000.00 5 EROSION CONTROL SEED 25,000 SF $0.30 $7,500.00 6 SILT FENCE 4000 LF $1.50 $6,000.00 7 MULCH 150 CYDS $10.00 $1,500.00 8 SAND BAGS 100 EA $7.00 $700.00 9 INLET PROTECTION REPLACEMENTS 50 EA $105.00 $5,250.00 10 GRASS LINED SWALE 200 LF $100.00 $20,000.00 11 VACTOR TRUCK 50 HR $240.00 $12,000.00 12 VACTOR DUMP FEE 1 LS $500.00 $500.00 13 STREET SWEEPER 50 HR $195.00 $9,750.00 14 SEDIMENT REMOVAL FROM FACILITIES 1 LS $20,000.00 $20,000.00 15 WATER PUMP AND GENERATOR 6 EA $10,000.00 $60,000.00 TOTAL CONSTRUCTION COSTS BOND AMOUNT @ 150% $129,700.00 $194,550.00 Page 340 of 404 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8E Subject: Adoption of a Resolution Approving the Comprehensive Plan Periodic Update Back to Agenda Meeting Date: December 13, 2022 Prepared by: Nicholas Bond, AICP Public Participation Program Atty Routing No. Atty Review Date DCD Director N/A N/A Summary: The Department of Community Development is beginning the 2024 Comprehensive Plan Periodic Update, which is proposed to be adopted by December 2024. Comprehensive Plan updates potentially interest residents in and around Port Orchard, businesses, utility providers and public service providers, staff have prepared a draft Public Participation Program to provide the Comprehensive Plan update a schedule and proposed actions to engage the public in the update process, to indicate how information will be disseminated to a broad range of interested parties, and to provide multiple options for the public to provide comments and other input to reviewing bodies. The Public Participation Program introduces the City's 2024 Comprehensive Plan periodic update schedule, provides the purpose and objectives of the update, and identifies opportunities for the public to provide input through surveys, workshops, and public meetings. Additionally, the program indicates the roles of the public, decision makers and other reviewers, and describes the methods and tools that will be used to obtain public participation. Staff introduced the Public Participation Program to the Planning Commission at the November 1, 2022 Planning Commission meeting and directed staff to schedule a public hearing at the December Planning Commission meeting. Staff properly provided public notice for the December 1, 2022 public hearing consistent with the requirements of POMC 20.25 on November 22, 2022. As of the date of Report preparation, the Department of Community Development has not received comments regarding the proposed Public Participation Program. The Planning Commission, after hearing testimony regarding the Public Participation Program, voted to recommend approval of the Public Participation Program to the City Council. Relationship to Comprehensive Plan: Implementation of the 2024 Comprehensive Plan Periodic Update Recommendation: Staff recommends approval of the Public Participation Program as presented. Motion for consideration: "I move to adopt a Resolution adopting the 2024 Comprehensive Plan Update Public Participation Program, as presented." Page 341 of 404 Back to Agenda Staff Report 8E Page 2 of 2 Fiscal Impact: None Alternatives: Do not approve the Public Participation Program Attachments: Resolution, and 2024 Comprehensive Plan Periodic Update Public Participation Program Page 342 of 404 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE CITY OF PORT ORCHARD 2024 COMPREHENSIVE PLAN PERIODIC UPDATE PUBLIC PARTICIPATION PROGRAM. WHEREAS; the City is required to complete a periodic update to its Comprehensive Plan by December 31, 2024; and WHEREAS; RCW 36.70A .140 requires that the City establish and broadly disseminate a public participation program identifying procedures providing for early and continuous public participation in the City of Port Orchard 2024 Comprehensive Plan Periodic Update; and WHEREAS; On December 6, 2022 the City of Port Orchard Planning Commission held a public hearing on the proposed Public Participation Program recommend approval of the Public Participation Program by the City Council; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES FIX-11TOIKOITI JI-Is THAT: The City of Port Orchard 2024 Comprehensive Plan Periodic Update Public Participation Program is hereby approved as attached hereto. 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 131" day of December 2022. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 343 of 404 Gap Analysis ofthe City's Planning and Policy Documenu ® Collect Data and Review- - ■ -- I ------------------------- Public Engagement Prepare a Public Participation Plan Public workshops Update Kick-offand Visioning Workshop Policy Workshop Land Use Strategies Workshop Draft Subarea Plan Development Prepare First Complete Draft ofthe Document Demographic/market Analysis Design Analysis Land use/urban Design Plan Technical Analysis Prepare First Complete Drafts ofthe Subarea Plan� Prepare Revised Final Draft of the Subarea Plan� Public Workshop with Su barea Plans INFIll M., Draft Comprehensive Plan Update Prepare First Complete Draft ofthe Document Prepare Revised Draft of Comprehensive Plan Public Workshop for Comprehensive Plan Update SEPA Environmental Review, Final Drafts, and Adaptlian Draft Plans and SEPA checkrist Planning commission meetngs City Council Meetings 111ri".. Development Regulations and Critical Amas Code Update Deyelopment Regulations update X - Meeting Date Page 344 of 404 Back to Agenda City of Port Orchard 2024 Comprehensive Plan Update Public Participation Program City of Port Orchard Department of Community Development Mailing Address: 216 Prospect St., Port Orchard WA 98366 Physical Address: 720 Prospect Street, Port Orchard Phone: (360) 874-5533 E-mail: planning@cityofportorchard.us Website: https://www.cityofportorchard.us/2024-comprehensive-plan-periodic-update/ Facebook: https://www.facebook.com/people/City-of-Port-Orchard- Government/100064446051899/ Nick Bond, AICP City Development Director nbond cityofportorchard.us Jim Fisk, AICP Senior Planner jfisk(c�cityofportorchard. us Stephanie Andrews, Senior Planner Sand rews(a)cityofportorchard.us Jacob Miller, Associate Planner 0miller(a)_cityofportorchard.us Josie Rademacher, Assistant Planner 0rademacher(a)cityofportorchard. us Page 345 of 404 Back to Agenda I. INTRODUCTION Port Orchard is conducting a periodic review of its Comprehensive Plan as required by the Washington State Growth Management Act (GMA). As a city in Kitsap County, Port Orchard is required to complete its update by December 31, 2024. The entire Comprehensive Plan will be reviewed and updated with review to include the following elements or chapters: • Introduction • Land Use • Housing • Parks • Natural Systems • Climate • Economic Development • Utilities • Transportation • Capital Facilities • Appendices In addition to the review and update of these elements and chapters, the City will also conduct a consistency evaluation to ensure that its development regulations are consistent with the updated comprehensive plan, the Growth Management Act, Vision 2050, and the Kitsap Countywide Planning Policies. The GMA requires early and continuous public participation in the Comprehensive Plan and Municipal Code Update in RCW 36.70A.140: Each county and city that is required or chooses to plan under RC 36.70A.040 shall establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments [..] The purpose of this document is to identify the City of Port Orchard's public participation objectives, approach, audiences, schedule, and opportunities for public participation. This document may be updated over time to reflect the needs of the Comprehensive Plan and Municipal Code Update project and experiences in early outreach to ensure public participation is effective. II. OBJECTIVES The Port Orchard Comprehensive Plan Update Public Participation Objectives include: • Meeting the public participation goals of the Growth Management Act. 2 Page 346 of 404 Back to Agenda • Offering engaging opportunities to the Port Orchard community to participate in planning and comment on the future of the city. • Providing objective information to assist the public in understanding issues and solutions. • Providing opportunities for the public to provide feedback through all phases of the review. • Using a variety of participation methods (such as meetings, media, social media, mailers, etc.) to offer all residents a variety of ways to participate. • Making the review inclusive to people of all ages, races, cultures, and genders. • Making the plan itself easily accessible to residents of the community. • Asking questions of the community in order to gain new insights about Port Orchard and choices about the Comprehensive Plan polices, regulations, and implementation strategies. • Identifying GMA requirements, policy trade-offs, and opportunities to voice unique conditions about Port Orchard. III. APPROACH The 2016 Comprehensive Plan Periodic Update was a major overhaul of the City's guiding document. In 2024, the City envisions a light refresh of the 2016 document to address regional objectives, changes to state law, and changes in community preferences. The City intends to check in with the public on progress toward achieving previously stated goals while seeking input on how to best achieve regional objectives and implement state law. The City has hired a team of consultants lead by AHBL, Inc. to assist with the 2024 periodic update. The City has other consultants working on related plans that will be utilized in the comprehensive plan update process including: • Water System Plan • Sewer System Plan • Stormwater System Plan • Housing Action Plan • Transportation Plan and Modelling Other recently completed plans and reports will also inform the planning process and include but are not limited to: • The 2022 Port Orchard Parks, Recreation, and Open Space Plan • The 2021 Kitsap County Buildable Lands Report • The Port Orchard Downtown Subarea Plan • The Ruby Creek Subarea Plan • The McCormick Village Subarea Plan • The South Kitsap School District Capital Facilities Plan • The West Sound Utilities District Water System Plan • The West Sound Utilities District General Sewer Plan • The Blackjack Creek Watershed Assessment Protection and Restoration Plan • The City's 6- and 20-Year Transportation Improvement Programs • The Bethel Sedgwick Corridor Plan 3 Page 347 of 404 Back to Agenda The City has a separate contract with Transportation Solutions, Inc. (TSI) to assist with updating the City's transportation model and transportation element, though TSI is also a member of the team led by AHBL. The City is working with other consultants on updates to utility system plans and these system plan updates will be utilized to inform the Utilities Element Update. The City and the consultant team will consult with West Sound Utility District and the City of Bremerton to inform the Utilities Element of the Comprehensive Plan. The Housing Action Plan currently under development using Department of Commerce Grant funds will inform the Housing Element. Finally, the recently completed Parks, Recreation, and Open Space Plan adopted in 2022 will be used as the basis for the Parks Element. IV. AUDIENCES There are several audiences - individuals and agencies - that will participate in the 2024 Port Orchard Comprehensive Plan Update, and each will become engaged in the process in different v%qs o General Public: Port Orchard residents, property owners, and business owners. o Elected and Appointed Officials: City Councilmembers, Planning Commissioners, Design Review Board Members. o Non -City Service Providers: West Sound Utility District, City of Bremerton (Water), South Kitsap Fire District, Kitsap Transit, South Kitsap School District, etc. o Non -governmental Organizations: Chamber of Commerce, Rotary Club of Port Orchard and other service clubs, the Port Orchard Bay Street Association (POBSA), Kitsap Alliance of Property Owners (KAPO), Kitsap Homebuilders Association, etc. o State, Regional, and Other Local Governments: Puget Sound Regional Council, Kitsap County, Kitsap Regional Coordinating Council, The Suquamish Tribe, and the cities of Bremerton, Gig Harbor, Poulsbo, and Bainbridge Island, WSDOT, the Department of Commerce, the Department of Ecology, the Port of Bremerton, and the Department of Natural Resources. V. ROLE OF DECISION MAKERS City Council: The City Council will provide policy guidance and is the final decision maker for the Comprehensive Plan update. Council members will be notified of public workshops and are invited to participate early on in the planning process. All public workshops will be noticed appropriately so that all Council members are able to fully participate in these events in the event of a quorum. The Council will receive periodic briefings on the update and will review the Planning Commission recommendations on the periodic update to the Comprehensive Plan. Council will hold a public hearing on the final draft periodic update to the Comprehensive Plan prior to taking final action. Planning Commission: The Planning Commission will provide policy recommendations for the periodic update to the Comprehensive Plan and ensure that the public is involved throughout the process. The Planning Commission will review the draft update on a chapter - by -chapter basis, providing opportunities for public comments while providing feedback and recommendations to the administration. All public workshops will be noticed appropriately so that all Planning Commission members are able to fully participate in these events in the event of a quorum. The Planning Commission shall forward its final recommendation to the City Council for the periodic update no later than October 31, 2024. 0 Page 348 of 404 Back to Agenda Administration: The Administration will oversee staff and consultant work on the periodic update. They will facilitate public meetings and present draft materials to the Planning Commission and City Council for review. They will revise documents as needed and provide all materials to Planning Commissioners and City Council members in a timely manner. VI. ROLE OF THE PUBLIC The Comprehensive Plan is primarily written for and with guidance from the public. It contains their preferences, ideas, and policy objectives. During the update is important to retain the public's interest by making citizen participation as accessible as possible. This will be accomplished through advertising, outreach, stakeholder involvement, and numerous public events. Goal 11 of the GMA requires citizen participation and coordination: "Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. "The Washington State Department of Commerce lists benefits of including citizens in the process: • Enhances the quality of planning by incorporating a wide variety of information and perspectives. • Allows communities to make decisions based on shared values. • Engage citizens in the ownership of local land use challenges and solutions. • Educates and empowers citizens. • Supports swift and efficient project implementation. • Ensures that good plans remain relevant over time. • Fosters a sense of community, and trust in government. This Public Participation Program is intended to supplement existing City regulations and procedures for the processing and adoption of policy materials and development regulations. VII. METHODS AND TOOLS Techniques for public participation vary in scale, technology, structure, and timing. The primary means of participation will be the traditional public meeting at several key points during the update process. Meetings will likely be held in a hybrid virtual/in-person format to ensure that all members of the public are encouraged to participate. All meetings offering virtual engagement components will be recorded to provide citizens with an opportunity to follow this process at their convenience. Port Orchard has a historical lack of citizen interest in planning processes, so it essential to encourage involvement from as wide an audience and as early as possible. The following tools will be employed to achieve widespread and ongoing citizen involvement: Public open houses and meetings o Background presentations, educational lectures, workshops, roundtables, one- on-one interviews, activities, games, etc. o Encouragement of participation by attendees Effective notice: • Underrepresented groups will be specifically targeted for outreach • The date, time, and location of events will be published early enough and widely enough for all interested citizens to be notified 5 Page 349 of 404 Back to Agenda Notice will be published in the City's official newspaper of record Regular press releases will be published ahead of public meetings, and city staff will be available for interested reporters and media outlets Postings in public spaces, social media updates, and email subscription lists • Focus events o Small scale focus groups with underrepresented members of the community (at schools, businesses, neighborhood centers, etc. o Presentations and workshops with community organizations and neighboring jurisdictions • Opportunities for open discussion o Speaking sessions and roundtables at meetings o Additional public comment periods at Planning Commission, Council, and sub- committee meetings • Written comments o Online meetings o Public feedback o Online surveys o Comment forms available at public meetings • Surveys o Online and paper surveys will be conducted to collect public opinion on a wide range of topics and from a diverse and representative sample. • Distribution of background information o The current Comprehensive Plan and other relevant documents will be easily accessible on the City website and available at the Port Orchard branch of the Kitsap Regional Library. o Information will be shared with the Planning Commission, city departments, and regional agencies as needed. • Public hearings o The Planning Commission will conduct public hearings on the draft plan elements and on the final draft plan prior to making a recommendation to the City Council. Written and oral testimony will be accepted at public hearings. o The City Council will conduct a public hearing on the final draft plan prior to adoption. Written and oral testimony will be accepted at this public hearing. • SEPA o The city's environmental process will include opportunities for the public to provide comments on the proposed plan and its possible adverse impacts. • Interested Parties List o The city will build and maintain an interested party's notification list and provided notice to interested parties when opportunities to participate in public workshops or to provide testimony exist. XIII. SCHEDULE AND OPPORTUNNITIES FOR PUBLIC PARTICIPATION (See Appendix A attached) IX. CONCLUSION Page 350 of 404 0 Back to Agenda A public meeting was held to discuss the draft Public Participation Program on November 1, 2022 by the Port Orchard Planning Commission to review and provide comments on the draft Program. A subsequent public hearing on this Program was held on December 6, 2022 by the Planning Commission at which time the plan was recommended for approval by the City Council. The Port Orchard City Council adopted the program at its regular meeting on December 13, 2022. This program may be updated administratively as conditions change or additional resources to support outreach activities become available. A current copy of the program shall be available for viewing at the front counter of the Department of Community Development and on the city's website. 7 Page 351 of 404 Back to Agenda rmw . Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8F Approval of an Agreement with the Police Guild Representing Patrol Officers Regarding Recruitment Incentives for New Certified and Lateral Police Officers Meeting Date: Prepared by: Atty Routing No. Atty Review Date December 13, 2022 Debbie Lund HR Manager 366922-0008 — HR December 5, 2022 Summary: On May 24, 2022, the Port Orchard City Council approved Ordinance No. 019-22, allowing the Mayor to offer an incentive of $10,000 upon hire to lateral patrol officer candidates who had completed the Washington State Basic Law Enforcement Academy. On October 11, 2022, the City and the Guild representing Patrol Officers entered into a Memorandum of Understanding (MOU) allowing the City to offer an additional $5,000, plus40 hours of sick leave and 40 hours of vacation leave to lateral patrol officers who successfully complete their probationary period. Those original documents do not provide the incentives for Certified Peace Officers or Lateral Police Officers from out of state. Certified Peace Officers are defined in the Port Orchard Civil Service Rules as a person who has completed the Washington Basic Law Enforcement Academy but does not have the necessary experience to qualify as a Lateral Police Officer. The Port Orchard Police Department continues to have vacancies due to retirements. Certified and Lateral Officers do not need to attend the basic law enforcement academy and can work in a solo capacity much sooner than entry level officers. In addition to saving the cost of the entry level academy, the department is able to have staffing relief sooner when hiring certified or lateral officers. Therefore, the City and the Guild are proposing an expansion of the incentive program to include both certified peace officers, as well as qualified out of state lateral candidates. Currently, the City cannot recover the $10,000 initial payment if the officer leaves our employment. This agreement would require the recipient of the incentive to sign an agreement to pay back a pro-rata portion of the incentive if they voluntarily separate employment from the City within two years of employment. Ordinance No. 019-22 contains a clause that voids the Ordinance upon passage of a similar agreement with the union, so no further action to vacate Ord. No. 019-22 is required if Council adopts the MOU as proposed. Recommendation: Staff recommends the City Council authorize the Mayor to sign an Agreement with the Port Orchard Police Guild representing Patrol Officers regarding recruitment incentives for Certified and Lateral Peace Officers. Relationship to Comprehensive Plan: N/A Page 352 of 404 Back to Agenda Staff Report 8F Page 2 of 2 Motion for consideration: "I move to authorize the Mayor to sign an Agreement with the Port Orchard Police Guild representing the Patrol Officer Employees regarding recruitment incentives for Certified and Lateral Peace Officers." Fiscal Impact: None; this amount was included in the budget as authorized wages. Alternatives: None. Attachments: The Agreement under consideration tonight is a draft until approved by Council and signed by the parties, sent to Council by the City Attorney, Ordinance No. 019-22, MOU dated October 12, 2022. Page 353 of 404 DocuSign Envelope ID: 492CB3B6-8425-498A-9236-936A8A955E87 Back to Agenda ORDINANCE NO.019-22 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO A RECRUITMENT INCENTIVE FOR QUALIFIED LATERAL PEACE OFFICERS; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, at the February 22, 2022, the Port Orchard City Council authorized the Mayor to sign a Memorandum of Understanding (MOU) with the Police Guild representing Patrol Officers to provide for a recruitment incentive program for Lateral Peace Officers; and WHEREAS, the MOU provided for, amongst other things, a $5,000 recruitment incentive upon hire and an additional $10,000 after successful completion of probation; and WHEREAS, the MOU provided for repayment of the initial $5,000 if the lateral peace officer did not remain employed for one year; and WHEREAS, the MOU provided for the repayment of the additional $10,000 if the lateral peace officer did not remain employed for two years; and WHEREAS, to date the Police Guild representing Patrol Officers has not signed the MOU, preventing the City from implementing the lateral officer recruitment incentive program as adopted; and WHEREAS, the City of Port Orchard continues to look for options to be competitive in the market for qualified Lateral Peace Officers; and WHEREAS, the hiring of qualified Lateral Peace Officers would enable the City to fill vacant positions and limit mandatory overtime for existing employees, providing an improved work/life balance, as well as saving the City over $5,000 in charges that would otherwise be incurred to send an Entry Level Officer to the Basic Law Enforcement Academy; and WHEREAS, the City Council has the authority to authorize recruitment incentives for employees covered by a collective bargaining agreement provided that the incentive is not conditioned upon any action of the employee once employed; and WHEREAS, to avoid a duplication of recruitment incentive programs the Police Guild representing Patrol Officers has been appropriately notified that the previously approved MOU will be terminated as of May 31, 2022; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor is authorized to offer a $10,000 recruitment incentive to Lateral Police Officer candidates who have: a. Completed the Washington State Basic Law Enforcement Academy; Page 354 of 404 DocuSign Envelope ID: 492CB3B6-8425-498A-9236-936A8A955E87 Back to Agenda Ordinance No. 019-22 Page 2 of 2 b. Meet all other criteria to be eligible for consideration as a Lateral Police Officer Candidate under the City of Port Orchard's Police Civil Service Rules; and c. Been given an unconditional offer and accepted the position of Patrol Officer with the Port Orchard Police Department with a start date later than the effective date of this ordinance. SECTION 2. The recruitment incentive will be paid on the first available paycheck after date of hire, as determined by payroll. All payments are considered gross wages and subject to applicable payroll taxes and withholdings. SECTION 3. If the Police Guild representing Patrol Officers and the City sign any agreement or memorandum of understanding providing substantially the same recruitment incentive, this ordinance will be void. SECTION 4. 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 S. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 6. Effective Date. This ordinance shall be in full force and effect five (5) days after publication as required by law or June 1, 2022, whichever is later. 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 24th day of May 2022. DocuSigned by: jea�t,v�- �lnra�aln,iltiiti. Robert Putaansuu, Mayor Wigned by: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSO Y: DocuSigned by: Char otte A. Archer, City Attorney John Clauson, Councilmember PUBLISHED: May 27, 2022 EFFECTIVE DATE: June 1, 2022 Page 355 of 404 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ORCHARD AND THE PORT ORCHARD POLICE GUILD The City of Port Orchard ("City") and the Port Orchard Police Guild representing Patrol Officers ("Guild") enter into this Memorandum of Understanding ("MOU") regarding recruitment incentives for lateral police officer applicants. WHEREAS, the employment market for Lateral Police Officers is highly competitive; and WHEREAS, other jurisdictions in Kitsap County offer incentives to Lateral Police Officers; and WHEREAS, Lateral Police Officer candidates are able to work on their own within 3 to 4 months of hire, compared to 7 months or longer for entry level police officer candidates; and WHEREAS, entry level officers cost the City over $5,000 in charges from the Basic Law Enforcement Academy; WHEREAS, lateral candidates may forfeit large leave balances when departing their current law enforcement agencies; WHEREAS, on May 24, 2022, the Port Orchard City Council approved Ordinance number 019-22 providing a hiring incentive of $10,000 upon hire; and WHEREAS, both parties agree that an additional incentive of $5,000 upon completion of probation is warranted; NOW, THEREFORE, the City and the Guild agree as follows: The City may offer a $5,000 recruitment incentive to Lateral Police Officer candidates who have: a. Completed the Washington State Basic Law Enforcement Academy; b. Meet all other criteria to be eligible for consideration as a Lateral Police Officer Candidate under the City of Port Orchard's Police Civil Service Rules; and c. Successfully complete their probationary period as a Police Officer with the City of Port Orchard on or after June 1, 2022, or the effective date of this MOU, whichever is later. 2. The incentive will be paid on the first available paycheck, as determined by payroll, after successful completion of probation. 3. Lateral Police Officers completing probation or hired during the tern of this MOU, whichever is earlier, will receive 40 hours of sick leave and 40 hours of vacation leave Page 356 of 404 in their leave banks effective with the first available paycheck after date of hire, or completion of probation, whichever is applicable, as determined by paryroll. 4. Lateral Police Officers accepting the recruitment incentive will be required to sign an agreement agreeing to repay the incentive if they voluntarily separate or are removed from employment for cause after their one year anniversary but before reaching their two year anniversary. Repayment of each portion will be pro -rated based on the length of their employment. 5. The cash value, if any, of any accrued sick and vacation time will be reduced by 40 hours of sick and 40 hours of vacation, and those hours shall be forfeited, if a Lateral Police Officer receiving leave as provided for in section 3 of this MOU terminates employment for any reason within six months of receiving the additional leave, thereby allowing the City to recover the additional credit to the employee's leave banks. 6. All payments are considered gross wages and subject to applicable payroll taxes and withholdings. This MOU is effective when signed by both parties and will remain in effect until terminated by the City with ten (10) calendar days written notice to the Guild. No modification to this MOU is valid unless in writing and signed by the parties. The parties reserve the right to reevaluate this MOU no less frequently than every 30 calendar days to determine if its continuance is of mutual benefit to the City and the Guild. The City may terminate this MOU with ten (10) calendar days written notice to the Guild. CITY OF PORT ORCHARD Mayor Rob Putaansuu Date: t U 1 tz,t PORT ORCHARD POLICE GUILD An ew Brandon, President Date: �`f�Z' `Z- Page 357 of 404 Back to Agenda ;0 4 a 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 8G Approval of Amendment No. 8 to Contract No. 066-20 with Rice Fergus Miller, Inc. for the Design Development and Construction Drawings of the Port Orchard CEC-LEED Feasibility Meeting Date: December 13, 2022 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: The City, in partnership with the Kitsap Public Facilities District (KPFD), is in the design process for a Community Event Center. The City and KPFD executed an Agreement to identify this 8-phase Project (C082- 19), and to memorialize KPFD's committed funding. Following a qualifications -based selection process consistent with Chapter 39.80 RCW and the City's Procurement Policies, on July 29, 2020, the City executed a Professional Services Contract Agreement with the selected firm, Rice Fergus Miller, Inc., for the Project ("Underlying Agreement"). The City and Consultant executed Amendment Nos. 1 through 7 to the Underlying Agreement during 2021 and mid-2022. The proposed contract amendment before the City Council would add a task to the contract concerning evaluating the feasibility of meeting Leadership in Energy and Environmental Design (LEED) certification for the new CEC. LEED certification is a requirement of state funding that the City will be seeking for the construction of the CEC. This feasibility study is the first of two possible steps to achieve LEED Certification. This initial task under proposed Amendment #8 to the RFM contract would evaluate the feasibility of meeting LEED certification and would evaluate how close the existing design is to meeting the requirements of LEED. With this feasibility report, we would have better clarity on the steps that would need to be taken to certify the proposed building. A subsequent contract amendment will be required to pay for our consultant team to apply for LEED certification. This feasibility study will also help develop the cost estimates for the next phase of LEED certification, currently expected to cost as much as $250,000. Previous Contract Amendments to C066-20 are as follows: Amendment #1: Frontage Improvement/CEC Plaza Concept Planning - $210,943.00 Amendment #2: Materials Testing - $2,672.00 Amendment #3: Frontage and Access Improvements, Additional Cost - $109,153.28 Amendment #4: Borings and materials testing - $12,200.00 Amendment #5: Contract Term Extension - $0.00 Amendment #6: Tasks 4-5 completion under original City and KPFD Agreement - $1,389,500 total (covered by KPFD Contract C082-19 Amendment #3) Amendment #7: Seawall design, shoreline restoration, and permitting - $631,200 Relationship to Comprehensive Plan: This contract will provide plans and permits for a project identified in the City's Comprehensive Plan, Parks Plan, and Downtown Subarea Plan. Page 358 of 404 Back to Agenda Staff Report 8G Page 2of2 Recommendation: Staff recommends authorizing the Mayor to execute Amendment No. 8 to Contract No. C066-20 with Rice Fergus Miller, Inc. for the South Kitsap Community Event Center Project in an amount of $16,500. Motion for consideration: I move to authorize the Mayor to execute Amendment No. 8 to Contract No. C066-20 with Rice Fergus Miller, Inc. for the South Kitsap Community Event Center Project in an amount of $16,500. Fiscal Impact: This will be an additional unexpected General Fund expense. A subsequent unexpected expense of up to $250,000 is likely needed to achieve LEED certification. Alternatives: Revise the Scope of Work. Attachments: Contract C066-20, Amendment #8 to C066-20, Scope and Fee. Page 359 of 404 [Back to Agenda Amendment No. 8 to Contract No. C066-20 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH RICE FERGUS MILLER, INC. THIS AMENDMENT to Contract No. C066-20 ("Amendment") is made effective as of the day of December, 2022, by and between the City of Port Orchard ("City"), a municipal corporation, organized under the laws of the State of Washington, and Rice Fergus Miller, Inc., a corporation organized under the laws of the State of Washington, located and doing business at 275 5tn St., Bremerton, WA 98337 ("Consultant"). WHEREAS, on July 29, 2020, the City executed a Professional Services Agreement with Consultant for the South Kitsap Community Event Center Project (the "Project") ("Underlying Agreement"); and WHEREAS, on July 27, 2021, the City and Consultant executed Amendment No. 1 to the Underlying Agreement, increasing the contract amount and adding additional scope of work (work within the scope of the initial Request for Qualifications); and WHEREAS, on September 17, 2021, the City and Consultant executed Amendment No. 2 to the Underlying Agreement, adding additional scope of work (work within the scope of the initial Request for Qualifications); and WHEREAS, on October 12, 2021, the City and Consultant executed Amendment No. 3 to the Underlying Agreement, increasing the contract amount and adding additional scope of work (work within the scope of the initial Request for Qualifications); and WHEREAS, on January 25, 2022, the City and Consultant executed Amendment No. 4 to the Underlying Agreement, increasing the contract amount and adding additional scope of work due to unforeseen on -site conditions; and WHEREAS, on March 21, 2022, the City and Consultant executed Amendment No. 5 to the Underlying Agreement, extending the contract term to accommodate the scope of work; and WHEREAS, on April 12, 2022, the City and Consultant executed Amendment No. 6 to the Underlying Agreement, updating the scope and fee for tasks 4 and 5 of C082-19; and WHEREAS, on September 13, 2022, the City and the Consultant executed Amendment No. 7 to the Underlaying Agreement, adding additional design work related to shoreline improvements and permitting; and WHEREAS, the City received funding from the Kitsap Public Facilities District ("KPFD") via an Agreement between the City and the PFD (C082-19) for this 8-phase Project, which will result in a Community Event Center; and WHEREAS, the Consultant was selected as the most qualified firm to perform all phases of the Project, and to date the Consultant and City and have completed phases 1-3 as set out in C082-19; and Page 360 of 404 WHEREAS, the City has learned that a condition of funding building and library construction from state funds is LEED certification; and WHEREAS, the City wishes to evaluate the feasibility of meeting the LEED requirements and has prepared amendment No. 8 to Contract No. C066-20 for this purpose; and WHEREAS, the Parties wish to memorialize their agreement to so amend the Underlying Agreement; NOW, THEREFORE, In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement, including previous Amendments Nos. 1-7, is amended as follows (amendment shown in legislative marks): a. The Scope of Work is amended to add the tasks as set out on Attachment 1 hereto (Amendment #8 Request). b. The total contract cost is increased by $16,500 plus reimbursable expenses and applicable taxes as set out on Attachment 1 hereto (Amendment #8 Request). c. The contract term remains with a termination date of December 31, 2024, unless extended or earlier terminated in accordance with the terms of the Underlying Agreement. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Signature Printed Name and Title Page 361 of 404 Back to Agenda RIC§CeYgusmILLER 275 Fifth St. Suite 100 Bremerton, WA 98337 ARauTFCTURF INTERIORS RIANNING v¢lAB 360-377-8773 rfmarch.com December 8, 2022 Nick Bond Development Director City of Port Orchard 216 Prospect St Port Orchard, WA 98366 Re: South Kitsap Community Events Center Amendment 08 Request LEED Feasibility Study RFM Project: 2020002.00 Dear Nick, Rice Fergus Miller (RFM) is pleased to present the following Letter of Proposal to amend our contract for the above referenced project to evaluate our completed Design Development documents for LEED Certification. I. Project Description The City of Port Orchard is seeking funds for this project that now require LEED Silver Certification. Since we recently completed the Design Development phase, an initial LEED feasibility study is needed to determine where the current design stands on LEED credits and how much redesign may be needed to achieve minimum Silver certification. II. Scope of Services The following are included in this LEED Feasibility Study scope: • Evaluate current design • Draft preliminary LEED v4 BD+C scorecard • Conduct design coordination meetings via virtual platform • Determine additional design options needed to achieve Silver credits • Present recommendations to City of Port Orchard and City Council via virtual platform The following disciplines are included in this scope of work to provide the deliverables listed above: • LEED Specialty Consultant • Structural Engineer • Civil Engineer • MEP Engineer • Landscape Architect Page 362 of 404 Back to Agenda South Kitsap Community Events Center LEED Feasibility Study December 8, 2022 III. Exclusions and Additional Services This proposal excludes design revisions and LEED documentation and submittal. Once this feasibility phase is complete and we determine the extents of design revisions needed for additional LEED credits, we will submit another contract amendment to complete that work through design, documentation, and LEED submittal. Also, we are currently not under contract for Bid and Construction Administration phases. LEED related tasks for those phases that will be necessary to secure final determination of LEED certification shall also be submitted at a later date for a contract amendment. IV. Owner Responsibilities It is our understanding that City of Port Orchard will provide full information, including a program, setting forth its design objectives, constraints, and criteria; and, the services of other consultants not included here when such services are deemed to be necessary. V. Schedule We can start this evaluation as soon as a contract amendment is executed. VI. Compensation For the Scope of Services outlined above, compensation shall be a Fixed Fee of Sixteen Thousand Five Hundred Dollars ($16,500.00); plus, reimbursable expenses and any applicable taxes. Consultant fees include RFM standard markup of 12%. Additional Services, when requested, will be billed on an hourly basis at our standard hourly rates, as listed in the attached Hourly Billing Rates or as agreed to prior to commencement of the Additional Services. VII. Terms of Agreement Please provide an amendment to our South Kitsap Community Events Center contract upon accepting this proposal. Page 363 of 404 Back to Agenda South Kitsap Community Events Center LEED Feasibility Study December 8, 2022 Vill. Summary Thank you for the opportunity to propose on your project. We look forward to discussing our proposal further and working with you. Please contact me if you have any questions. Sincerely, Rice Fergus Miller, Inc. 0e— V& Dean Kelly, Pr ncipa Architect Attachment: Hourly Billing Rates Page 364 of 404 Back to Agenda RafergusmILLER ARCHITECTURE INTERIORS PLANNING VIZLAB 275 Fifth Street, Suite 100 Bremerton, WA 98337 Phone: (360) 377-8773 rfmarch.com 2022 Hourly Billing Rates Date of Proposal: December 8, 2022 Project: South Kitsap Community Events Center Project No.: 2020002.00 The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: $ 190.00 - $ 275.00 Senior Planner: $ 175.00 - $ 275.00 Project Manager: $ 130.00 - $ 250.00 Project Architect: $ 120.00 - $ 190.00 Staff Architect: $ 125.00 - $ 160.00 Project Designer: $ 115.00 - $ 190.00 Staff Designer: $ 115.00 - $ 155.00 Interior Designer: $ 100.00 - $ 170.00 Technical Designer: $ 95.00 - $ 155.00 Production Support: $ 85.00 - $ 155.00 Graphics Visualization: $ 120.00 - $ 140.00 Project Coordinator: $ 140.00 Administrative Support Staff: $ 90.00 - $ 140.00 Page 365 of 404 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 29th day of July 2020, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Rice Fergus Miller, Inc., a corporation, organized under the laws of the State of Washington, doing business at: 275 Fifth Street, Suite 100 Bremerton, WA 98337 (hereinafter the "CONSULTANT") Contact: Steven M. Rice Phone: 360-377-3778 Fax: for professional services in connection with the following Project: The Port Orchard Downtown Community Event Center Project TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "B." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. In performing such services, the Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to the performance of such services. The Consultant shall perform the services diligently and completely in accordance with professional standards of conduct and performance for Consultant's profession. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit `B" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.docx Rev 7/18/2019 1 of 10 Page 366 of 404 B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on July 29, 2020 ("Commencement Date") and shall terminate March 31, 2022 unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. Compensation. LUMP SUM. Compensation for these services shall be a Lump Sum of $400,000.00. 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.docx Rev 7/18/2019 2of10 Page 367 of 404 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 term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights . Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.docx Rev 7/18/2019 3of10 Page 368 of 404 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at 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. City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.docx Rev 7/18/2019 4of10 Page 369 of 404 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.docx Rev 7/18/2019 5of10 Page 370 of 404 Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability (as to Sections C.2 and CA), and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage 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. City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.doex Rev 7/18/2019 6of10 Page 371 of 404 Back to Agenda F. Personal Liability: Owner further agrees that, to the fullest extent permitted by law, no shareholder, officer, director, partner, principal or employee of Rice Fergus Miller shall have personal liability under this Indemnification provision, under any provision of the Agreement, or for any matter in connection with the services provided in connection with the Project. 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT Steve Rice, Principal Rice Fergus Miller, Inc. 275 5th Street, Suite 100 Bremerton, WA 98337 Phone: 360-377-8773 Fax: 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. City of Port Orchard and Rice Fergus Miller Public Works Project No. n/a 066-20 Professional Service Agreement Contract No. SA2020002 South Kitsap Community Event Center\2-Admiu\Contract\RFM Agreement\MASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FINAL. docx Rev 7/18/2019 7of10 Page 372 of 404 B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. 3. 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 City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FINAL.doex Rev 7/18/2019 8of10 Page 373 of 404 Back to Agenda obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of 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. 5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the. United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON � By: By: Robert Putaansuu, Mayor Name: Steven M. Rice ATTEST/AUmrsotL ell Title: Principal By: r C City Clerk. APPP, V� FORM: By: Otte A. Archer, CityAttorney-,--__ City nf'Port Orchard and Kice i-ergus iwiier Public Works Project No. N A PrgfessionalService Agreement Contract No. 066-20 S:12020002 South Kitsap Community Evmt Cmtart2-AdmndC'ontractVtfAf AgrarnerAWASTER 2018 Prof Svcs Agreemaa SEC 129.18 (%ith SEC wile) 7 18,19 - STAN EDITS (Charlotte A. Archer) PENAL. docz Rev 7/ 18/2019 9of10 Page 374 of 404 APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FINAL.docx Rev 7/18/2019 10 of 10 Page 375 of 404 Back to Agenda RIC(ergusmILLER 275 Fifth Street, Suite 100 Bremerton, WA 98337 (360) 377-8773 rfmarch.com ARCHITECTURE INTERIORS PLANNING VIZLAB EXHIBIT B - REVISED 7/29/20 SOUTH KITSAP COMMUNITY EVENT CENTER DRAFT SCOPE OF WORK PREPARED BY RFM PRESENTED TO CITY OF PORT ORCHARD JULY 1, 2020 This document is in response to TASK 1 and TASK 2 of the "PFD ILA Third Draft (with NB and SEC edits) 10.30.19 (2). ILA TASK 1 + ILA TASK 2 = "PHASE I" SCOPE OF WORK PER RFQ RFM PHASE 1A RFM PHASE 1B • Provides road map for logical sequence of scope pieces -- site selection, programming for space needs, and concept building design • Identifies logical midpoint of combined consultant -supplied design services in response to City's desire to proceed sequentially. • Provides the ability to explore and potentially augment space needs with beneficial uses not currently identified in ILA. • Tailors public outreach and acknowledges need for outreach to master plan stakeholders • Adds activities and deliverables desired by the City now: o Test multiple site options (up to three) with conceptual design for suitability and quality of outcomes at each site o Produce one schematic design (not three) based on agreed upon space program at selected site o Provide Preliminary CEC Monetary Operational Feasibility Report o Coordinate project attributes to City of Port Orchard's consultant performing Downtown Subarea Plan This draft scope does not (yet) address required deliverables for the purposes of this discussion but assumes they are pursuant to how activities are split between RFM Phase 1A and Phase 1 B 1of5 Page 376 of 404 Back to Agenda South Kitsap Community Center RFM Scope of Work -DRAFT July 2, 2020 RFM PHASE 1A: CONCEPTUAL DESIGN EXHIBIT B - REVISED 7/29/20 DEFINE THE PROJECT IN BASIC TERMS & REACH PRELIMINARY DESIGN PACKAGE (APPROX. 15% OVERALL; APPROX 30% SCHEMATIC DESIGN) Draft Management Plan • Assist City to produce Draft Management Plan. • Determine design team level of responsibility for project management; fit for City • Discuss preliminary project budget creation and responsibility for maintenance. • Discuss project timeline and milestone deliverables • Determine frequency of meetings and get them scheduled ahead on calendars Establish Goals and Objectives • City of Port Orchard (COPO) • Kitsap Regional Library (KRL) • Kitsap Public Facilities District (KPFD) • Other Key Stakeholders (Kitsap Bank, Port Of Bremerton, Sound West Group, Kitsap Transit, etc.) Public Outreach & Communication Initiate public outreach for site attributes and for space needs Restart continuous communication platforms Get public outreach meetings scheduled ahead on calendars Space Programming/Needs Assessment • Conduct space & site programming o With Kitsap Regional Library for library o With Columbia Hospitality for event center o With other identified key stakeholders (Kitsap Bank, City Of Port Orchard, etc.) o With public and user groups via outreach o For other uses the design team may promote Prepare Draft Space Programming Report Site Analysis & Selection • Identify approximately three sites for consideration • Conduct factfinding: utilities, preliminary geotechnical, preliminary environmental, zoning, shorelines, etc. Prepare comparison matrix: ownership, opportunities and restrictions, attributes for CEC program, developable envelope, ability to catalyze other development, ability to boost property values and merchant business, parking, access and transportation, etc. 2 of 5 Page 377 of 404 Back to Agenda South Kitsap Community Center RFM Scope of Work -DRAFT July 2, 2020 EXHIBIT B - REVISED 7/29/20 • Develop preliminary design scheme (building and site concept) in order to test each site; describe and contrast outcomes (performance vs. goals and objectives, layout, function, other benefits); determine preferred alternative. 3 of 5 Page 378 of 404 Back to Agenda South Kitsap Community Center RFM Scope of Work -DRAFT July 2, 2020 EXHIBIT B - REVISED 7/29/20 RFM PHASE 113: SCHEMATIC DESIGN FURTHER DEFINE THE PROJECT, PROVIDE PRELIMINARY OPERATIONAL FEASIBILITY & REACH SCHEMATIC DESIGN PACKAGE (APPROX. 25% OVERALL; xx% SCHEMATIC DESIGN) Market Analysis, Financial Viability, and Risk Assessment • Conduct event center analysis with market information and preliminary operational feasibility report • Produce City Of Port Orchard portion of the feasibility study report. Public Outreach & Communication • Continue public outreach for preferred alternative • Maintain continuous communication platforms Space Programming/Needs Assessment • Review Kitsap Public Facilities District feasibility study report findings; finalize space programing as needed. • Verify/confirm space needs and shared use scenarios with building users and key stakeholders. • Provide Preliminary CEC Monetary Operational Feasibility Report Site Analysis • Prepare technical report to inform architectural and site design. o Final geotechnical, final utilities capacity, preliminary storm drainage report o Level 2 environmental, if needed o Biological Evaluation o Topographic Survey o Archeological and Cultural Resources Report including inadvertent discovery plan • Provide shorelines mitigation and preliminary engineering report. Property Ownership/Master Plan • Assist City to work with public and private entities to determine ownership of the CEC property and proposed building. • Update proposed Master Plan (?) • Coordinate project attributes to City Of Port Orchard's consultant performing Downtown Subarea Plan. Schematic Design • Based on updated program information and feedback from the public and City Council, further develop preferred alternative preliminary design scheme (building and site) to approximate __% schematic level 4 of 5 Page 379 of 404 Back to Agenda South Kitsap Community Center RFM Scope of Work -DRAFT July 2, 2020 EXHIBIT B - REVISED 7/29/20 • Provide schematic level cost estimate and present to the City Council. Task 2 City Council Action. City to review preferred alternative with public entities and decide whether to accept additional $600,000 (estimated) for Task 3. Notes: Design Team fees support inherent management responsibilities, including meetings. 5 of 5 Page 380 of 404 Back to Agenda EXHIBIT B SOUTH KITSAP COMMUNITY EVENT CENTER FEES PER KPFD-CPO INTERLOCAL AGREEMENT JULY 10, 2020 ILA RFQ RIM PROPOSED CONSULTANTS DURATION TASKS DELIVERABLES TASK TASK PHASE FEE CONCEPTUAL DESIGN ARCH TRANSPORTATION PROJECT PLANNING STRUCTURAL ESTABLISH GOALS AND OBJECTIVES PROFESSIONAL SERVICE CONTRACT CIVIL COORDINATE EXISTING MASTER DRAFT MANAGEMENT PLAN SURVEY PER ILA/RFQ PLANNING EFFORTS PUBLIC OUTREACH REPORT 1.1 SHORELINE 9-12 MONTHS REVIEW HISTORICAL PUBLIC INPUT SPACE PROGRAMMING REPORT 1 1.2.1 1A GEOTECH $200 000 PUBLIC OUTREACH (3) SITE ASSESSMENT ALTERNATIVES WITH 1.2.2 ENVIRONMENTAL PROPOSED SPACE PROGRAMMING DESIGN CONCEPT FOR EACH NEEDS ASSESSMENT HIGH LEVEL TRAFFIC, GEOTECH, STRUCTURAL, BIOLOGIST 7 MONTHS CONCEPT PLANNING SURVEY, SHORELINE, GEOTECH, HOSPITALITY HIGH LEVEL SITE ASSESSMENT ENVIRONMENTAL AND BIOLOGIST NARRATIVES FOR EACH SITE ALTERNATIVE 1.4 1.2.3 CITY COUNCIL & KPFD SITE SELECTION: MARKET ANALYSIS, FINANCIAL VIABILITY & RISK ASSESSMENT SCHEMATIC DESIGN ARCH INVESTIGATIVE REPORTS FOR SELECTED SITE: LANDSCAPE ENVIRONMENTAL ASSESSMENT STREETSCAPE PRELIM STORMWATER DRAINAGE REPORT TRANSPORTATION PRELIM GEOTECH REPORT STRUCTURAL BIOLOGICAL EVALUATION CIVIL TOPOGRAPHICAL SURVEY & CRITICAL AREAS SURVEY REVIEW KPFD'S FEASIBILITY REPORT SHORELINE CODE ANALYSIS 1.2.4 SHORELINE PER ILA/RFQ PUBLIC OUTREACH ARCHAEOLOGICAL & CULTURAL RESOURCES SPACE PROGRAMMING REPORT (INCLUDING INADVERTENT 1.2.5 GEOTECH 6-9 MONTHS 2 1.2.6 1 B HOSPITALITY $200 00� NEEDS ASSESSMENT DISCOVERY PLAN) 1.2.7 MECHANICAL PROPOSED INVESTIGATION OF SELECTED SITE PROPERTY OWNERSHIP/MASTER PLAN UTILITIES CAPACITY EVALUATION (WATER/SEWER) 1.2.8 ELECTRICAL 9 MONTHS SCHEMATIC DESIGN TRAFFIC REPORT ENVIRONMENTAL DETERMINE SCOPE FOR ILA TASK 3 PRELIMINARY SCHEMATIC DESIGN BIOLOGIST CONCEPT PLANS ARCHAEOLOGICAL COST ESTIMATE CULTURAL SPACE PROGRAMMING & PUBLIC OUTREACH COST ESTIMATING REPORT SCHEMATIC DESIGN AND SITE PLAN DRAFT SCOPE FOR ILA TASK 3 2 1.2.9 CITY COUNCIL ACTION: FEASIBILITY STUDY TO START ILA TASK 3 Page 381 of 404 Back to Agenda EXHIBIT B RIC eYgusmILLER ARCHITECTURE INTERIORS PLANNING VIZLAB 275 Fifth Street, Suite 100 Bremerton, WA 98337 Phone: (360) 377-8773 rfmarch.com 2020 Hourly Billing Rates Date of Proposal: Project: Project No.: The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: $ 275.00 Senior Planner: $ 175.00 - $ 275.00 Project Manager: $ 130.00 - $ 190.00 Project Architect: $ 120.00 - $ 190.00 Staff Architect: $ 125.00 - $ 160.00 Project Designer: $ 115.00 - $ 190.00 Staff Designer: $ 115.00 - $ 155.00 Interior Designer: $ 90.00 - $ 160.00 Technical Designer: $ 95.00 - $ 155.00 Production Support: $ 85.00 - $ 155.00 Graphics Visualization: $ 115.00 - $ 125.00 Project Coordinator: $ 80.00 - $ 120.00 Administrative Support Staff: $ 80.00 - $ 120.00 Page 382 of 404 Back to Agenda SOUTH KITSAP COMMUNITY EVENTS CENTER PHASE 1 PROPOSED SCHEDULE YEAR 2020 20: MONTH JUL AUG �SEPOCT NOV DEC JA WEEK STARTING DATE 6 13 20 21 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 z3 30 7 14 21 28 4 • MV- ILA RFQ RFM TASK TASK PHASE 1.1 PROJECT PLANNING 7/21 CITY STUDY SESSION -CONTRACT AMENDMENTS 7/28 CITY BUSINESS SESSION - CONTRACT APPROVAL 1 1A PUBLIC OUTREACH & 1.2.1 PROGRAMMING SITE ASSESSMENT & 12 2 CONCEPT PLAN 12/15 CONCEPT DESIGN PRESENTATION 1.4 1.2.3 CITY/KPFD SITE SELECTION F REVIEW KPFD L 1.2.4 FEASIBILITY REPORT L F ASSESS SITE c 1.2.5 ALTERNATIVES FOR L OWNERSHIP C 2 1.2.6 1B FINAL SITE INVESTIGATION PRELIMINARY 12 7 SCHEMATIC DESIGN COST ESTIMATES PUBLIC OUTREACH 1.2.8 SCHEMATIC DESIGN 2 1.2.9 CITY FEASIBILITY STUDY TO START ILA TASK 3 DESIGN MEETINGS EXHIBIT B Page 383 of 404 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of November 8, 2022 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Lucarelli Absent 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, Police Chief Brown, City Attorney Archer, City Clerk Wallace and Deputy City Clerk Floyd. The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 00:32) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 00:50) MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to add to the Consent Agenda the excusal of Councilmember Lucarelli. The motion carried. MOTION: By Councilmember Cucciardi, seconded by Councilmember Rosapepe, to approve the agenda as amended. The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 01:52) Page 384 of 404 Back to Agenda Minutes of November 8, 2022 PaRe2of5 Matt Murphy with the Port Orchard South Kitsap Chamber of Commerce, spoke to lodging tax and asked Council to approve the lodging tax recommendations as presented. 4. CONSENT AGENDA (Time Stamp: 05:00) A. Approval of Voucher Nos. 84973 through 85030 including bank drafts in the amount of $457,428.98 and EFT's in the amount of $133,992.77 totaling $591,421.75. B. Approval of Payroll Check Nos. 84967 through 84972 including bank drafts and EFT's in the amount of $223,070.72 and Direct Deposits in the amount of $210,389.96 totaling $433,460.68. C. Approval of Amendment No. 2 to Contract No. 016-21 with LaCross & Murphy, PLLC for Public Defender Services D. Adoption of a Resolution Declaring Certain Personal Property as Surplus and Authorizing its Disposition Thereof (Resolution No. 113-22) E. Approval of the October 18, 2022, City Council Work Study Meeting Minutes F. Approval of the October 25, 2022, City Council Meeting Minutes G. New: Excusal of Councilmember Lucarelli MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to approve the Consent Agenda as amended. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING There were no public hearings. 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 (Time Stamp 05:42) MOTION: By Councilmember Trenary, seconded by Councilmember Clauson, to 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. Councilmember Chang noted he is an employee of WSDOT and would recuse himself if anyone had any concerns. No once voiced any concerns. Page 385 of 404 Back to Agenda Minutes of November 8, 2022 PaRe3of5 The motion carried. B. Adoption of a Resolution Approving a Contract with Commonstreet Consulting, LLC for On Call Right of Way Services (Time Stamp: 09:44) MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, 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. The motion carried. C. Adoption of a Resolution Approving the Lodging Tax Committee 2023 Funding Allocations (Time Stamp 12:14) MOTION: By Councilmember Cucciardi, seconded by Councilmember Trenary, to adopt a resolution, adopting the Lodging Tax Advisory Committee's recommendation for the 2023 funding allocation, as presented. The motion carried. (Resolution No. 114-22) D. Approval of a Memorandum of Understanding with the Police Guild Patrol Representing Patrol Officers Relating to Vacation Leave (Time Stamp 22:48) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to authorize the Mayor to sign a Memorandum of Understanding with the Police Guild representing Patrol Officers relating to vacation leave. The motion carried. (MOU No. 3 to Contract No. 086-22) E. Approval of a Memorandum of Understanding with the Police Guild Representing Sergeants Relating to Vacation Leave (Time Stamp 26:30) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to authorize the Mayor to sign a Memorandum of Understanding with the Police Guild representing Sergeants relating to vacation leave. The motion carried. (MOU No. 3 to Contract No. 087-22) 8. DISCUSSION ITEMS (No Action to be Taken) Page 386 of 404 Back to Agenda Minutes of November 8, 2022 Page 4 of 5 A. 2023/2024 Biennial Budget (Time Stamp 27:48) Mayor Putaansuu said this discussion was a placeholder in case anyone had any further questions on the budget. The budget will also be discussed during next week's City Council work study meeting. Councilmember Cucciardi would like Finance Director Crocker to look at the lodging tax funds for 2023-2024. Council Direction: No direction was given to staff. B. Shoreline Restoration Related to the Community Center (Time Stamp 30:07) Mayor Putaansuu said they had a kickoff meeting last week for the shoreline restoration project. He spoke about the existing seawall that will be removed, deck options for the community Event Center, and a path that is built into the natural vegetation. Additionally, he explained how the seawall is being held up by the building. They thought they could maintain the seawall, but they learned they could not. Council Direction: No direction was given to staff. 9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 34:21) Mayor Putaansuu reported the Economic Development and Tourism Committee is scheduled to meet November 21st Councilmember Clauson reported on the November 8th Sewer Advisory Committee meeting. 10. REPORT OF MAYOR (Time Stamp: 37:35) The Mayor reported on the following: • Upcoming KRCC Legislative Reception; and • Read a portion of the minutes from 1927, 1947 and 1972. 11. REPORT OF DEPARTMENT HEADS (Time Stamp 39:38) Public Works Director Lang reported on the new Public Works Operations Manager. HR Manager Lund thanked the HR specialist for putting on a great benefits fair for city employees. City Attorney Archer reported on the Grants Pass case, which expanded the Boise decision limiting cities abilities to regulate the use of their parks and other public spaces. Page 387 of 404 Back to Agenda Minutes of November 8, 2022 Page 5 of 5 Police Chief Brown thanked the City Council for their support and reported the new deputy chief has integrated very well with staff in the Police Department. Also reported the busiest months within the last 12 years have been within the last three months. In response to Mayor Putaansuu, City Clerk Wallace reported road paving updates and ADA transition plan updates are on the agenda for next week's work study meeting. She also reminded the Council that up to three Councilmembers can decorate the tree at the same time. 12. CITIZEN COMMENTS (Time Stamp: 46:09) There were no citizen comments. 13. EXECUTIVE SESSION There was no executive session. 14. GOOD OF THE ORDER Councilmember Rosapepe asked if staff could conduct a Council salary survey. Councilmember Chang said the severe weather shelter is now open. 15. ADJOURNMENT The meeting adjourned at 7:20 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 388 of 404 Back to Agenda City of Port Orchard Council Meeting Minutes Work Study Session Meeting of November 15, 2022 CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Lucarelli Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Trenary Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present Present Absent Absent Absent Present Present Staff present: Finance Director Crocker, Public Works Director Lang, City Engineer Hammer, and City Clerk Wallace. Staff present via Zoom: City Attorney Archer. The meeting streamed live on YouTube. Pledge of Allegiance (Time Stamp 00:56) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 1. 2023/2024 Biennial Budget Proposed Final (Time Stamp 01:26) Finance Director Crocker provided a presentation on amending the 2021/2022 biennial budget which included current expense, real estate excise tax, capital construction, street capital construction, water utility operating, water capital, water debt service, storm drainage operating, and storm drainage capital facility. Additional discussion was held regarding the Bay Street Pedestrian Pathway Project. Mr. Crocker also provided a presentation on the 2023/2024 biennial budget which included property tax revenue, insurance expenses, on -call right of way survey services, hotel/motel revenue, tourism expense, Pottery Road, Old Clifton Road, highway safety grant revenue, state utility tax expense, and fund summary. Page 389 of 404 Back to Agenda Minutes of November 15, 2022 Paee 2 of 3 Additional discussion was held on the Pottery Road and Old Clifton projects. Lastly, he provided a presentation on capital projects which included capital construction, street capital construction, water capital construction, storm drainage capital, sewer capital construction, community event center design work, City Hall design, McCormick splash pad construction, public works shop charging station improvements, Bay Street pathway, Bethel Lincoln design, Salmonberry and Blueberry, Lippert sidewalk improvements, SR166, highway safety street light improvements, on- call surveying, Well #11, Melcher booster completion, 390 zone low pressure, water main-SR166 Bay water design, water main replacement-Sroufe, and annual water main replacement. Council Direction: No direction was given to staff. 2. Road Paving Update (Time Stamp 25:07) City Engineer Hammer provided a presentation on pavement repair updates which included the locations and hierarchy of City streets, asphalt overlay, grind and patch, crack sealing, sidewalk repairs, work by city crews which is better suited for locations with less intensive traffic control, pothole filling, limited patching, overview of the 2021/2022 budget which included the Sidney sewer repair, Lippert Road, Citywide asphalt repair, supplies, and overview of the 2023/2024 budget which included Pottery Road, road preservation, sidewalk preservation, and supplies. Additional discussion was held regarding the Bethel Road overlay, utility work, sinkholes, flashing beacons, and Clifton Road overlay. Council Direction: No direction given to staff. 3. ADA Transition Plan Update (Time Stamp 36:02) City Engineer Hammer provided a presentation which included the history of the ADATransition Plan, goals of limited update, new sidewalks that have been constructed from 2016 to 2021, progress update from 2016 to 2021, ADA ramp upgrades from 2016 to 2021, driveway entrances from 2016 to 2021, planned work which includes Lippert Road and sidewalk project, Pottery non -motorized project, transit routes serving ferries, city crew sidewalk repairs, and pavement preservation program. Additional discussion was held regarding compliant and non -compliant ramps. Council Direction: No direction was given to staff. GOOD OF THE ORDER (Time Stamp 51:56) Mayor Putaansuu, Councilmembers, and staff spoke about the timeline and bids for the City Hall project, office space leases, heating system upgrades, charging stations, and hybrid vehicles. Page 390 of 404 Back to Agenda Minutes of November 15, 2022 Page 3 of 3 ADJOURNMENT The meeting adjourned at 7:36 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 391 of 404 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of November 22, 2022 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Lucarelli Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Councilmember Diener Present Councilmember Trenary Absent Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Public Works Director Lang, Finance Director Crocker, HR Manager Lund, City Attorney Archer, IT Manager Dunham, City Clerk Wallace, and Deputy City Clerk Floyd. The meeting streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 00:32) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. Sean Dunham, the City's the new IT Manager, introduced himself to the Mayor and Council. 2. APPROVAL OF AGENDA (Time Stamp: 02:11) MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to add an item, 4E to the Consent Agenda, the excusal of Councilmember Trenary for personal reasons. The motion carried. MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the agenda as modified. The motion carried. Page 392 of 404 Back to Agenda Minutes of November 22, 2022 Page 2 of 6 3. CITIZENS COMMENTS (Time Stamp: 03:15) Stanley Smith explained his comments do not relate to anything on the agenda and asked Council to allow him to speak during the beginning of the meeting citing ADA [Americans with Disabilities Act] and difficulty speaking at the end of the meeting. MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to suspend the rules and allow him to comment. The motion carried. Stanley Smith spoke to homeless issues near his business on Bay Street; bike trail [Bay Street Pedestrian Pathway] and raising the bank because of flooding issues; and asked the City what they are going to do regarding homeless camps. 4. CONSENT AGENDA (Time Stamp: 08:29) A. Approval of Voucher Nos. 85038 through 85133 including bank drafts in the amount of $420,512.53 and EFT's in the amount of $153,246.54 totaling $573,759.07. B. Approval of Payroll Check Nos. 85031 through 85037 including bank drafts and EFT's in the amount of $226,285.29 and Direct Deposits in the amount of $215,055.23 totaling $441,340.52. C. Adoption of a Resolution Authorizing Amendment No. 1 to Contract No. C018-20 with Coastal Custodial for Janitorial Services (Resolution No. 116-22) D. Adoption of a Resolution Declaring Certain Personal Property as Surplus and Authorizing its Disposition Thereof (Resolution No. 117-22) E. New: Excusal of Councilmember Trenary for Personal Reasons MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the Consent Agenda as amended. The motion carried. 5. PRESENTATION (Time Stamp 08:53) A. 2023 Legislative Agenda Josh Weiss with Gordon Thomas Honeywell Governmental Affairs provided a presentation which included whatto expect in the 2023 legislative session, draft 2023 legislative priorities, and next steps and key dates. Additional discussion was held regarding the community events center, supporting the additional funding request from the Port of Bremerton to the state to replace the downtown breakwater project, public records reform, and housing affordability. B. City of Port Orchard Development Activity (Time Stamp 27:45) Page 393 of 404 Back to Agenda Minutes of November 22, 2022 PaRe3of6 Community Development Director Bond provided a presentation which included development activity on the following projects; McCormick Village, McCormick Trails (McCormick West), Stetson Heights/Stetson Ridge, Sinclair Apartments Phase Two, Haven Apartments, Haven Townhomes, Magnolia Ridge, Geiger Plat, Meyer's Sedgwick, the Ramsey Apartments, Pottery Creek Apartments, Blueberry Apartments, Hidden Hills Apartments, Salmonberry Apartments, Thimbleberry Townhomes, Riverstone Plat, Bridgeview Apartments, Plisko Apartments, Payseno Apartments, Heronsview Mixed -Use, and 429 Bay Street. In response to Councilmember Cucciardi, Community Development Director Bond estimates this will add an additional 4,000 people to Port Orchard. 6. PUBLIC HEARING A. Second and Final Public Hearing on Proposed 2023-2024 Biennial Budget (Time Stamp 45:26) Mayor Putaansuu opened the public hearing, and there be no testimony, closed the public hearing at 7:18pm. 7. BUSINESS ITEMS A. Adoption of an Ordinance Adopting the 2023-2024 Biennial Budget (Time Stamp 48:54) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve an ordinance adopting the 2023-2024 Biennial Budget and 2023 Salary Schedule. The motion carried. (Ordinance No. 046-22) B. Adoption of an Ordinance Authorizing the Positions of Deputy Finance Director, Human Resources Director, and Permit Center Assistant and Establishing General Duties and Qualifications (Time Stamp: 52:10) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt an ordinance establishing the positions of Deputy Finance Director, Human Resources Director and Permit Center Assistant and establishing general qualifications and duties for these positions. The motion carried. (Ordinance No. 047-22) C. Adoption of an Ordinance Amending the 2021-2022 Biennial Budget (Time Stamp 54:52) Page 394 of 404 Back to Agenda Minutes of November 22, 2022 Page 4 of 6 MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt an ordinance amending the 2021-2022 Biennial Budget, as adopted by Ordinance No. 035-20 and as previously amended. The motion carried. (Ordinance No. 048-22) D. Approval of a Contract with Gordon Thomas Honeywell -Governmental Affairs for Lobbying Services (Time Stamp 56:41) MOTION: By Councilmember Diener, seconded by Councilmember Chang, to approve the contract and authorize the Mayor to execute an agreement for lobbying services with Gordon Thomas Honeywell- Governmental Affairs for the period of January 1, 2023 through December 31, 2024 as presented. The motion carried. (Contract No. 001-23) E. Adoption of a Resolution Approving the 2023 Legislative Agenda (Time Stamp 59:03) MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt a Resolution, thereby approving the 2023 Legislative Agenda, as presented. AMENDED MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to amend the attached legislative priorities to include a section that would support the Port of Bremerton's request to the state for assistance on the breakwater project. The amended motion carried. The main motion carried. (Resolution No. 118-22) F. Adoption of a Resolution Authorizing the Purchase of Kitsap County Tax Parcel No. 4027-023- 017-0004 (Williams) for the Bay Street Pedestrian Pathway Project (Time Stamp 1:01:56) MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to adopt a Resolution, authorizing the purchase of Kitsap County Tax Parcel No. 4027-023-017-0004 for the Bay Street Pedestrian Pathway Project. The motion carried. (Resolution No. 119-22) Page 395 of 404 Back to Agenda Minutes of November 22, 2022 PaRe5of6 G. Adoption of a Resolution Approving a Contract with Skillings, Inc., for the Bay Street Pedestrian Pathway Project (Time Stamp 1:05:55) MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt Resolution No. 056-22, approving and authorizing the Mayor to execute Contract No. C080-22 with Skillings, Inc. for the Bay Street Pedestrian Pathway Project in an amount of $450,705 and documenting the Professional Services procurement procedures. Councilmember Chang noted he is an employee of WSDOT [Washington State Department of Transportation] and would recuse himself if anyone had any concerns. No once voiced any concerns. The motion carried. 8. DISCUSSION ITEMS (No Action to be Taken) There were no discussion items. 9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:10:55) Councilmember Lucarelli reported on the upcoming Festival of Chimes and Light event. Councilmember Diener reported on the November 161h Land Use Committee meeting. 10. REPORT OF MAYOR (Time Stamp: 1:16:41) The Mayor reported on the following: • RV's parking in the City rights -of -way; • Legislative Reception; • In accordance with Ordinance 008-20 'Delegating Authority to the Mayor for Creating and Modification of Job Descriptions', he reported on approval of the revised job descriptions for the City Engineer and Assistant City Engineer; and • Opioid settlement. 11. REPORT OF DEPARTMENT HEADS (Time Stamp 1:19:16) Public Works Director Lang reported each Councilmember has been given a water bottle, the new Operations Manager started working on Monday, upcoming king tides, and provided an update on the Lippert Street project. Finance Director Crocker reported on the budget and the City's new IT manager. Page 396 of 404 Back to Agenda Minutes of November 22, 2022 Page 6 of 6 HR Manager Lund reported on the Councilmember salary survey and asked Council if they would like to bring this before the Finance Committee, or if they would like a different next step. Also, she asked Council if they would like to lift the COVID vaccination requirements for new employees. After a brief discussion, Council agreed to have the salary survey go before the Finance Committee in January and agreed to not change the COVID vaccination requirements at this time for new employees. 12. GOOD OF THE ORDER (Time Stamp: 1:26:43) Councilmember Clauson asked the City Attorney to research the salary survey timeline and when it would take effect and provide the information back to the Finance Committee. Councilmember Diener asked to get an average salary of councilmembers without using the City of Bainbridge Island example. 13. EXECUTIVE SESSION There was no executive session. 14. CITIZEN COMMENTS (Time Stamp 1:28:48) There were no citizen comments. Community Development Director Bond said the new development will accommodate an additional 7,000 people in the City. 15. ADJOURNMENT The meeting adjourned at 8:00 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 397 of 404 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 Discussion Item 9A Discussion of Latest Concepts for CEC Shoreline Design Back to Agenda Meeting Date: December 13, 2022 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: The City's consultant has been working on shoreline designs in conjunction with the planned Community Event Center project. The latest concepts are provided to the City Council for discussion purposes. Relationship to Comprehensive Plan: The CEC and shoreline restoration and improvements are projects identified in the City's Comprehensive Plan and Parks Plan. Recommendation: The City Council should review and discuss the latest concepts. Motion for consideration: N/A Fiscal Impact: N/A Alternatives: Various. Attachments: Concept drawings Page 398 of 404 Back to Agenda ¢ ti 0 N CV O N N N 6 w z a w w 0 DECK ALIGNMENT — OPT 1—A Nrs 275 FIFTH STREET, SUITE 100 BREMERTON, WA 98337 360-377-8773 RFMARCH.COM w W Z W V t) z W W Z O00 -ry ~ Q 0-3 � Q= � O U 0 Q ry Q U C W F-- O W 0:� 0:� Lu O 0 Z n J Li- O w Lu Lu O F- m = U PROJECT # 2020002.A7 CONSTRUCTION DOCUMENTS ISSUE DATE JUNE XY, 2023 REVISION SCHEDULE AHJ APPROVAL STAMP Unnamed SHEET # POCEC shl oreine improvements i i i M Waterfront Promenade Path 20x4O event tents - ' J --Ap 1 rJP a J -00 �. I 1 -TF f } J ----- IC) ' P -0 t f f• k � f 1 f 1 J * i v F� Page 400 of 404 POCEC shl oreine improvements r Tidal median fluctuations i Upper Shore Zone 1 Upper Shore Zone 2 Path moll J f -r+ f r� ________1-------------- ___ ________ �__....____ INA Deck & Path railing Proposed Waterfront Deck Deck pillars Retaining wall & Deck abutment v F� Page 401 of 404 oreinel POCEC shimprovements AL. ILLUSTRATIONS Page 402 of 404 -Back to Agenda IL J_ - 44 S.- IC I 00� 6—� -1111"811, IL 1114 %71�& le Page 403 of 404 Mari bor'l A imm --N!S;m