04/14/2020 - Regular - PacketCity of Port Orchard Council Meeting Agenda
April 14, 2020
6:30 p.m.
Pursuant to the Governor’s “Stay Home - Stay Safe” Order, the City will take
actions on necessary and routine business items.
The City is prohibited from conducting meetings unless the meeting is NOT
conducted in-person and instead provides options for the public to attend
through telephone access, internet or other means of remote access, and also
provides the ability for persons attending the meeting (not in-person) to hear
each other at the same time. Therefore;
Remote access only
Zoom Meeting ID: 856 559 435
Password: 061981
Zoom Call-In: 1 253 215 8782
1.CALL TO ORDER
A.Pledge of Allegiance
2.APPROVAL OF AGENDA
3.CITIZENS COMMENTS
(Has been suspended until further notice. Written comments are welcomed and can be emailed
to cityclerk@cityofportorchard.us)
4.CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been distributed
to each Councilmember for reading and study. Consent Agenda items are not considered
separately unless a Councilmember so requests. In the event of such a request, the item is
returned to Business Items.)
A.Approval of Vouchers and Electronic Payments
B.Approval of Payroll and Direct Deposits
C.Approval of the March 10, 2020, Council Meeting Minutes Page 3
D.Approval of March 17, Special Council Meeting Minutes Page 8
5.PRESENTATION
6.PUBLIC HEARING
7.BUSINESS ITEMS
A.Adoption of an Ordinance Amending Port Orchard Municipal Code
Section 2.04.045 Remote Attendance (Archer) Page 12
B.Adoption of a Resolution Approving a Contract with the Washington State
Department of Commerce for the McCormick Woods Sanitary Sewer Lift
Station No. 2 Rebuild Project Grant (Dorsey) Page 16
Mayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Bek Ashby
Finance Committee
Economic Development & Tourism Committee
Transportation Committee
KRCC/KRCC PlanPol-alt /KRCC TransPol
PSRC-alt/PSRC TransPOL-Alt/PRTPO
Shawn Cucciardi
Finance Committee
Economic Development & Tourism Committee
Kitsap Economic Development Alliance
Fred Chang
Economic Development & Tourism Committee
Land Use Committee
Jay Rosapepe (Mayor Pro-Tempore)
Utilities/Sewer Advisory Committee
Land Use Committee
Transportation Committee
Lodging Tax Advisory Committee
KRCC-alt
John Clauson
Finance Committee
Utilities/Sewer Advisory Committee
Kitsap Public Health District-alt
Cindy Lucarelli
Festival of Chimes & Lights Committee
Utilities/Sewer Advisory Committee
Kitsap Economic Development Alliance
Scott Diener
Land Use Committee
Transportation Committee
Department Directors:
Nicholas Bond, AICP
Development Director
Mark Dorsey, P.E.
Director of Public Works/City Engineer
Tim Drury
Municipal Court Judge
Noah Crocker, M.B.A.
Finance Director
Matt Brown
Police Chief
Brandy Rinearson, MMC, CPRO
City Clerk
Contact us:
216 Prospect Street
Port Orchard, WA 98366
(360) 876-4407
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned.
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required.
Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407.
The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations.
April 14, 2020, Meeting Agenda Page 2 of 2
C. Adoption of a Resolution Authorizing the Use of Digital and Electronic Signature Technology and
Ratifying the Use of Electronic Signatures During Declared Emergency (Archer) Page 54
D. Adoption of a Resolution Approving a Contract with Northwest Cascade, Inc. for a Grinder Pump
Installation Project at 4330 Bethel Avenue and Documenting Procurement Procedures (Dorsey) Page 60
E. Adoption of a Resolution Approving Continuity of Operations (COOP) / Continuity of Government COG)
Plan (M. Brown) Page 89
F. Approval of a Contract with Hayter Industries, LLC for Public Relations, Marketing and Communications
(Rinearson) Page 158
8. DISCUSSION ITEMS (No Action to be Taken)
9. REPORTS OF COUNCIL COMMITTEES
10. REPORT OF MAYOR
11. REPORT OF DEPARTMENT HEADS
12. CITIZEN COMMENTS
(Has been suspended until further notice. Written comments are welcomed and can be emailed to
cityclerk@cityofportorchard.us)
13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the
session duration will be announced prior to the executive session.
14. ADJOURNMENT
COMMITTEE MEETINGS Date & Time Location
Finance April 14, 2020; 5:30pm - 2nd Tuesday of each month City Hall
Economic Development and
Tourism
TBD; 9:30am - 2nd Monday of each month City Hall
Utilities May 19, 2020; 5:00pm - 3rd Tuesday of each month City Hall
Sewer Advisory May 27, 2020; 6:30pm City Hall
Land Use TBD; 9:30am - 1st Monday of each month DCD*
Transportation April 28, 2020; 5:00pm - 4th Tuesday of each month City Hall
Lodging Tax Advisory October, 2020 City Hall
Festival of Chimes & Lights TBD; 3:30pm - 3rd Tuesday of each month City Hall
Outside Agency Committees Varies Varies
*DCD, Department of Community Development, 720 Prospect Street, Port Orchard
CITY COUNCIL GOOD OF THE ORDER
City of Port Orchard
Council Meeting Minutes
Regular Meeting of March 10, 2020
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Councilmember Ashby Present
Councilmember Chang Present
Councilmember Clauson Present
Councilmember Cucciardi Present
Councilmember Diener Present
Councilmember Lucarelli Present
Mayor Pro-Tem Rosapepe Present
Mayor Putaansuu Present
Staff present: Community Development Director Bond, City Attorney Archer, City Clerk Rinearson
and Deputy City Clerk Floyd.
A. PLEDGE OF ALLEGIANCE
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to approve the
agenda as presented.
The motion carried.
3. CITIZENS COMMENTS
There were no citizen comments.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 79038 through 79092, including bank drafts in the amount of
$649,081.43 and EFT’s in the amount of $958.70 totaling $650,040.13.
B. Approval of Payroll Check Nos. 79093 through 79095 including bank drafts and EFT’s in the
amount of $143,298.85; and Direct Deposits in the amount of $184,199.40 totaling $327,498.25.
C. Approval of the February 18, 2020, Council Work Study Session Meeting Minutes
Page 3 of 167
Minutes of March 10, 2020
Page 2 of 5
D. Approval of the February 25, 2020, Council Meeting Minutes
E. Adoption of an Ordinance Repealing and Replacing Port Orchard Municipal Code Chapter 2.16
Police Department (Ordinance No. 002-20)
MOTION: By Councilmember Ashby, seconded by Councilmember Cucciardi, to approve the consent
agenda as presented.
The motion carried.
5. PRESENTATION
A. South Kitsap Fire and Rescue Levy/Bond Presentation
Fire Chief Steve Wright discussed his agency and the August 4, 2020, ballot measure. He spoke about
the last Bond that passed a few years ago and the services it provided. This year’s Bond is to replace
3 fire stations, upgrade headquarters campus, and upgrade existing stations.
Mayor Putaansuu spoke briefly about the navigator program and how it benefits the community.
6. PUBLIC HEARING
There were no public hearings.
7. EXECUTIVE SESSION
Mayor Putaansuu noted there was an updated amendment No. 4 to the 640 Bay Street Purchase and
Sale agreement and asked Council if they were comfortable with what was included in their packet
and if they still wanted to go into executive session.
After brief deliberations, Council agreed they did not need an executive session.
8. BUSINESS ITEMS
A. Approval of Amendment No. 4 to Contract No. 053-18 with Waterman Investment Partners,
LLC for the 640 Bay Street Purchase and Sale Agreement
Councilmember Clauson announced the attorney representing the purchaser is also the attorney for
Kitsap Transit. He said if anyone has any objections, he will step aside.
There were no objections.
Councilmember Cucciardi pointed out an error in the Amendment No. 4 title and Community
Development Director Bond asked to have the table removed in the exhibit map.
Page 4 of 167
Minutes of March 10, 2020
Page 3 of 5
MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to approve Addendum
No. 4 to the real estate purchase and sale agreement for the City’s property at 640 Bay Street.
The motion carried.
B. Adoption of an Ordinance Authorizing a Civil Engineer II Position
MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt an
ordinance, approving the position and salary scale for a Civil Engineer II position in the Public
Works/Engineering Department thereon, as presented in Exhibit A.
The motion carried.
(Ordinance No. 003-20)
C. Approval of Change Order No. 1 to Contract No. 019-20 with Arken, Inc. for the 2020 Library
Leak Repair
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to authorize the
Mayor to execute Change Order No. 1 to Contract No. 019-20 with Arken, Inc. in the amount of
$14,068.85.
The motion carried.
D. Approval of the 2020 Comprehensive Plan Amendment Agenda
MOTION: By Councilmember Ashby, seconded by Councilmember Diener, to approve the 2020
Comprehensive Plan amendment agenda pursuant to POMC 20.04.060, as presented.
The motion carried.
9. DISCUSSION ITEMS (No Action to be Taken)
A. Remote Meeting Option
Mayor Putaansuu explained he has not been traveling to many meetings due to the virus, and one
of the tools he has used is Zoom. It allows him to attend meetings remotely. He asked Council and
staff to login into the software for testing.
Police Chief Brown and Finance Director Crocker remotely logged in to the Council meeting at 7:17
p.m.
10. REPORTS OF COUNCIL COMMITTEES
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Minutes of March 10, 2020
Page 4 of 5
Councilmember Cucciardi reported on the March 9th Economic Development and Tourism committee
meeting. The next meeting is scheduled for the second Monday in April [April 13th].
Mayor Putaansuu reported the Transportation committee is scheduled to meet March 24th.
Councilmember Lucarelli reported the Utilities committee meeting is scheduled for Monday [March
16th]. The Sewer Advisory Committee meeting is scheduled for May 27th. The Festival of Chimes and
Lights committee is scheduled for March 16th.
Councilmember Diener reported on the March 3rd Land Use committee meeting. The next meeting
is scheduled for April 6th.
Mayor Putaansuu reported on the Kitsap Public Health Board and City of Port Orchard personnel
policies and City Hall closures.
11. REPORT OF MAYOR
The Mayor reported on the following:
• Revised projects for the Community Service Day;
• Meeting with Port of Bremerton;
• Social media updates;
• Housing updates;
• Updates to Personnel Policies;
• Statewide single bag ban;
• Navigator position;
• Logging activity near Glenwood Road;
• Permit for Dutch Brothers;
• New building inspector position; and
• Salary survey and workforce study contract.
12. REPORT OF DEPARTMENT HEADS
Finance Director Crocker and Council discussed dates for the next Finance Committee meeting and
agreed upon April 14th at 5:30 p.m.
Community Development Director Bond reported on permitting including McCormick North, Kaiser
Permanente, and Stetson Heights.
Finance Director Crocker and Police Chief Brown logged out of the remote session at 7:30 p.m.
Mayor and Council spoke about the remote login process and electronic Council meeting packets.
Page 6 of 167
Minutes of March 10, 2020
Page 5 of 5
Councilmember Rosapepe had the opportunity to watch the processing of ballots at the County and
recommends others to do the same. He was very impressed with the operation and the seriousness
of the workers.
13. CITIZEN COMMENTS
There were no comments by the public.
14. ADJOURNMENT
The meeting adjourned at 8:04 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
Page 7 of 167
City of Port Orchard
Special Meeting/ Work Study Session
March 17, 2020
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Councilmember Ashby Present via Remote Access
Councilmember Chang Present
Councilmember Clauson Present via Remote Access
Councilmember Cucciardi Present
Councilmember Diener Present
Councilmember Lucarelli Present
Mayor Pro-Tem Rosapepe Present via Remote Access
Mayor Putaansuu Present
Staff present: City Clerk Rinearson and Office Assistant II Whisenant.
Staff present via remote access: City Attorney Archer and Public Works Director Dorsey.
A. PLEDGE OF ALLEGIANCE
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
Mayor Putaansuu noted per the Governor’s order, older adults and individuals with underlying
medical conditions are encouraged not to attend this meeting, including employees. We are
practicing social distancing here this evening.
MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to move Item No. 5 to
Item No. 1 tonight.
The motion carried.
MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to approve the
agenda as amended.
The motion carried.
2. CITIZENS COMMENTS
There were no citizen comments.
Page 8 of 167
Minutes of March 17, 2020
Page 2 of 4
3. ACTION ITEMS
1. Adoption of an Ordinance Amending Port Orchard Municipal Code Sections 2.04.010,
2.04.160, 2.04.210, Adopting POMC 2.04.045, Pertaining to Remote Meeting Policy
MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, to adopt an ordinance,
amending Port Orchard Municipal Code Sections 2.04.010, 2.04.160, 2.04.210, adopting POMC
2.04.045, pertaining to Remote Meeting Policy, as presented.
Upon request of Councilmember Cucciardi, Mayor Putaansuu read section 2.04.045 into record.
Councilmember Ashby said if the Mayor needs Councilmembers to attend remotely, she does not
want the Mayor in a position to where he can handpick who attends the meeting.
In response to Mayor Putaansuu, City Attorney Archer recommended the City create a one-sheet
policy that interprets section 2.040.45. The Ordinance can be adopted as it stands now and take the
policy interpretation step tomorrow.
In response to City Clerk Rinearson, City Attorney Archer noted this would be a management policy
or interpretation and would require no Council action.
Mayor Putaansuu explained he would be more comfortable bringing this policy amendment back to
Council next week.
The motion passed. Councilmember’s Diener, Chang, Cucciardi and Lucarelli voted yes.
Councilmember’s Ashby, Rosapepe and Clauson did not vote as they were attending via remote
access.
(Ordinance No. 005-20)
2. Approve and Ratify the Mayor’s Proclamation of Local Emergency Pursuant to RCW 38.52.070
MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to approve of and ratify
the Mayor’s Proclamation of Local Emergency, pursuant to RCW 38.52.070.
The motion passed. Councilmember’s Diener, Chang, Cucciardi and Lucarelli voted yes.
Councilmember’s Ashby, Rosapepe and Clauson did not vote as they were attending via remote
access.
3. Report on Revisions to Personnel Policies during Local Emergency
Mayor Putaansuu said he emailed an updated version of amended Personnel Policies regarding
unusual weather conditions, natural disasters or other states of emergency. He plans to institute
Page 9 of 167
Minutes of March 17, 2020
Page 3 of 4
another policy tomorrow morning regarding pandemic public health emergency response recovery
and policy regarding employees who have communicable illnesses or who are experiencing flu-like
symptoms as identified by health authorities are prohibited from going to work. Also, employees
required use of leave time if needed; altering business hours; implementing temporary emergency
procedures to minimize in-person contact between employees; reduced front counter services; and
work from home schedules.
4. Adoption of an Ordinance Ratifying Suspension of Utility Shut-off and Amending Port Orchard
Municipal Code Section 13.04.050
MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt an Ordinance
ratifying suspension of utility shut-off and amending Port Orchard Municipal Code section 13.04.050,
as presented.
The motion passed. Councilmember’s Diener, Chang, Cucciardi and Lucarelli voted yes.
Councilmember’s Ashby, Rosapepe and Clauson did not vote as they were attending via remote
access.
(Ordinance No. 004-20)
5. Adoption of an Ordinance Approval of an Ordinance Amending Port Orchard Municipal Code
Sections 2.50.010, and Adopting POMC 2.50.020, Pertaining to Hours of Operation and Closure
of City Facilities
MOTION: By Councilmember Chang, seconded by Councilmember Diener, to adopt an Ordinance
amending Port Orchard Municipal Code sections 2.50.010, and adopting POMC 2.50.020, pertaining
to hours of operation and closure of city facilities, as presented.
The motion passed. Councilmember’s Diener, Chang, Cucciardi and Lucarelli voted yes.
Councilmember’s Ashby, Rosapepe and Clauson did not vote as they were attending via remote
access.
(Ordinance No. 006-20)
6. GOOD OF THE ORDER
Mayor Putaansuu said he would like next week’s agenda to be very light. He spoke about the items
on the agenda and noted some of them will be moved to another night. Additionally, Community
Service Day has been postponed until further notice; spoke about attending an emergency Public
Health Board meeting; take personal responsibility if you are sick and stay home; City’s policies
regarding working from home; may need to help staff the Emergency Operation’s Center; Kitsap
County grant for $700,000; safety precautions staff is taking at City Hall; social distancing; and sales
tax revenues.
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Minutes of March 17, 2020
Page 4 of 4
7. ADJOURNMENT
The meeting adjourned at 7:16 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
Page 11 of 167
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7A Meeting Date: April 14, 2020
Subject: Adoption of an Ordinance Amending Port Prepared by: Charlotte Archer
Orchard Municipal Code Section 2.04.045 City Attorney
Remote Attendance Atty Routing No.: N/A
Atty Review Date: N/A
Summary: At the March 17, 2020, City Council meeting, discussion was held regarding remote meeting
attendance. The Council raised issues regarding the proposed new code section for remote attendance by
Councilmembers, including: (1) ensuring that the language was plural, so that multiple Councilmembers (or
employees) could attend, if necessary; and (2) ensuring that, in the event of an emergency necessitating
remote attendance, all Councilmembers are offered remote attendance to limit the Mayor’s (or Mayor Pro
Tem’s) discretion.
This Ordinance also includes a declaration of emergency, and if adopted, would be immediately effective.
Proposed ordinance has been provided for your consideration.
Recommendation: N/A
Relationship to Comprehensive Plan: N/A
Motion for consideration: “I move to adopt an Ordinance Amending Port Orchard Municipal Code Section
2.04.045, Pertaining to Remote Attendance, as presented.”
Fiscal Impact: Unknown
Alternatives: N/A
Attachments: Draft redline Ordinance.
Page 12 of 167
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
COUNCIL MEETINGS; AMENDING PORT ORCHARD MUNICIPAL CODE SECTION
2.04.045 FOR COUNCIL MEETING ATTENDANCE; DECLARING AN EMERGENCY;
PROVIDING FOR SEVERABILITY; ESTABLISHING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Chapter 35A.110 RCW, including but not limited to RCW 35A.12.110,
establishes the parameters for the conduct of council meetings, including notice and
attendance; and
WHEREAS, in compliance with Chapter 35A.110 RCW, the City Council by Ordinance
designated the date and time, location, and parameters for council meetings, codified at Port
Orchard Municipal Code (POMC) Chapter 2.04; and
WHEREAS, the City Council finds that amendments to POMC Section 2.04.045 pertaining
to the time and remote attendance of meetings by Council members and City staff are
necessary and appropriate to ensure the health and safety of the Council, public, and the City’s
employees;
WHEREAS, the Mayor issued a Proclamation of Local Emergency on March 16, 2020,
pertaining to the spread of the novel coronavirus known and COVID-19, and the City Council
ratified that Proclamation at an open meeting by motion on March 17, 2020 confirming the
existence of an emergency in the City; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Amendment. Port Orchard Municipal Code 2.04.045 is hereby amended to
read as follows:
2.04.045 Remote Attendance.
The Mayor, or in the Mayor’s absence the mayor pro tem (the “Presiding Officer”), may
approve Councilmembers or employees appearance at a regular, special or work study session
meeting via video conferencing or telephone ("remote attendance") under the following
circumstances:
a. When action on a measure to be voted on should not be delayed but rather requires
immediate action or remedy; and
b. The remote attendance is for the benefit of the City and not for the benefit of an
individual Councilmember; and
c. In the event of fire, flood, earthquake, or other emergency relating to public health
and safety.
Page 13 of 167
Ordinance No. _______
Page 2 of 3
If the above requirements are met, the Presiding Officer shall notify all Councilmembers in
advance of the meeting, and shall accommodate all requests by Councilmembers for remote
attendance.
SECTION 2. Declaration of Emergency. Pursuant to RCW 35A.12.130 and RCW
35A.13.190, this Ordinance, as a public emergency ordinance necessary for the protection of
the public health, public safety, public property, or public peace, shall take effect and be in full
force immediately upon its adoption. Pursuant to Matson v. Clark County Board of
Commissioners, 79 Wn. App. 641, 904 P.2d 317 (1995), underlying facts necessary to support
this emergency declaration are included in the recitals set forth above, which are adopted by
reference.
SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining parts of this ordinance.
SECTION 4. Effective Date. This ordinance shall be in full force and effect upon
adoption. The Clerk is authorized to post and publish this ordinance, as required by law. A
summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by
State Law.
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 14th __ day of March April
2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
Formatted: Superscript
Page 14 of 167
Ordinance No. _______
Page 3 of 3
Charlotte A. Archer, City Attorney Shawn Cucciardi, Councilmember
Page 15 of 167
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 7B Meeting Date: April 14, 2020
Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E.
Contract with the Washington State Public Works Director
Department of Commerce for the Atty Routing No.: Public Works – 9
McCormick Woods Sanitary Sewer Lift Atty Review Date: April 8, 2020
Station No. 2 Rebuild Project Grant
Summary: The City of Port Orchard has been awarded a Direct Appropriations Grant from the 2019-2020
Capital Budget managed by the State Department of Commerce for the McCormick Woods Sanitary
Sewer Lift Station No. 2 Rebuild Project. The application for this grant, the City’s receipt of this grant via
legislative allocation, and the project associated with this grant have been discussed at prior Council
meetings in 2019 and 2020, including a presentation on this project at the Council’s retreat in January
2020.
The general terms of the Grant are as follows:
• Grant Amount: $800,000
• City Share: $784,000
• Start Date: 7/1/2019
• End Date: 6/30/2023
The Grant funding (Commerce Agreement No. 20-96627-155) will be added to the City’s current Sewer
Capital Fund No. 423 within the adopted 2019-2020 Biennial Budget. The McCormick Woods Sanitary
Sewer Lift Station No. 2 Rebuild Project Ad Ready Design was awarded to Stellar J. Corporation (Contract
No. 067-19) on December 10, 2019 and construction has already commenced.
The City finds that discussion on this item and possible action complies with Governor Inslee’s
Proclamation 20-28. Discussion and possible action are necessary for multiple reasons: this project is
essential to the City’s sanitary sewer system, which is a key component of the City’s essential services for
public health and safety; and this project and the acceptance of the grant funding is time-sensitive
because work has commenced at a substantial cost to the City. Discussion and possible action on this
item are routine for many reasons: taking action to accept a grant from DOC is a common occurrence
when grant funding is allocated to Port Orchard, like many cities in Washington; and this project has
been on the City’s agenda for over a year, acceptance of this grant has been discussed at many publicly-
noticed City Council meetings, and the public has been previously able and invited to comment on this
project and grant.
Page 16 of 167
Staff Report 7B
Page 2 of 2
Relationship to Comprehensive Plan: Chapter 7 - Utilities
Recommendation: Staff recommends that the City Council approve a Contract with the State
Department of Commerce, thereby accepting a Direct Appropriations Grant for the McCormick
Woods Sanitary Sewer Lift Station No. 2 Rebuild Project in the amount of $800,000.00.
Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute a Contract
with the State Department of Commerce accepting a Direct Appropriations Grant for the McCormick
Woods Sanitary Sewer Lift Station No. 2 Rebuild Project in the amount of $800,000.00.
Fiscal Impact: None
Alternative: None
Attachment: Resolution and Commerce Agreement No. 20-96627-155.
Page 17 of 167
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
ACCEPTING TERMS AND CONDITIONS ASSOCIATED WITH DEPARTMENT
OF COMMERCE GRANT NO. 20-96627-155, AND AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT WITH COMMERCE FOR THE
MCCORMICK WOODS SANITARY SEWER LIFT STATION NO. 2 REBUILD
PROJECT.
WHEREAS, on June 26, 2019, the City of Port Orchard was awarded an $800,000
direct appropriation state grant from the 2019-2020 Capital Budget for the McCormick
Woods Sanitary Sewer Lift Station No. 2 Rebuild Project; and
WHEREAS, on July 15, 2019, the City’s Public Works Department submitted the
required Contract Readiness Survey, Historic & Cultural Resources Review and the LEED
Certification Documentation to Commerce; and
WHEREAS, on March 17, 2020, the City’s Public Works Department received
concurrence of ‘No Cultural Resources Impact’ from the Department of Archaeological &
Historic Preservation; and
WHEREAS, on March 19, 2020, the City of Port Orchard received Direct
Appropriation Grant Agreement No. 20-96627-155; and
WHEREAS, the City Council has determined it to be in the best interests of the
City to enter into a Contract with Commerce for the McCormick Woods Sanitary Sewer
Lift Station No. 2 Rebuild Project; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
THAT: The Mayor or designee is hereby authorized to execute the contract with the
Department of Commerce for Grant Number 20-96627-155 for the McCormick Woods
Sanitary Sewer Lift Station No. 2 Rebuild Project attached hereto as Exhibit A.
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 14th day of April, 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 18 of 167
Washington State Department of Commerce
www.commerce.wa.gov
Grant to
City of Port Orchard
through
The Local and Community Projects Program
For
McCormick Woods Sewer Lift Station
Start date: July 1, 2019
Page 19 of 167
Page 20 of 167
i
TABLE OF CONTENTS
FACE SHEET ................................................................................................................................. 2
DECLARATIONS .......................................................................................................................... 4
SPECIAL TERMS AND CONDITIONS ....................................................................................... 6
1. GRANT MANAGEMENT .................................................................................................. 6
2. COMPENSATION .............................................................................................................. 6
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES ...................................... 6
4. PREVAILING WAGE LAW .............................................................................................. 7
5. DOCUMENTATION AND SECURITY ............................................................................ 7
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF
REAL PROPERTY PERFORMANCE MEASURES ................................................................ 7
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT ................................................. 7
8. BILLING PROCEDURES AND PAYMENT .................................................................... 8
9. SUBCONTRACTOR DATA COLLECTION .................................................................... 9
10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT ................. 9
11. INSURANCE ....................................................................................................................... 9
12. ORDER OF PRECEDENCE ............................................................................................. 11
13. REDUCTION IN FUNDS ................................................................................................. 11
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES .................................................... 11
15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY ........... 11
16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE ........... 12
17. SIGNAGE, MARKERS AND PUBLICATIONS ............................................................. 12
18. HISTORICAL AND CULTURAL ARTIFACTS ............................................................. 12
19. REAPPROPRIATION ....................................................................................................... 13
20. TERMINATION FOR FRAUD OR MISREPRESENTATION ....................................... 13
GENERAL TERMS AND CONDITIONS .................................................................................. 14
21. DEFINITIONS ................................................................................................................... 14
22. ACCESS TO DATA .......................................................................................................... 14
23. ADVANCE PAYMENTS PROHIBITED ......................................................................... 14
24. ALL WRITINGS CONTAINED HEREIN ....................................................................... 14
25. AMENDMENTS ............................................................................................................... 14
26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336,
ALSO REFERRED TO AS THE “ADA” 28 CFR PART 35 .................................................. 15
27. ASSIGNMENT .................................................................................................................. 15
28. ATTORNEYS’ FEES ........................................................................................................ 15
29. AUDIT ............................................................................................................................... 15
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30. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION .................................... 16
31. CONFLICT OF INTEREST .............................................................................................. 16
32. COPYRIGHT PROVISIONS ............................................................................................ 17
33. DISPUTES ......................................................................................................................... 17
34. DUPLICATE PAYMENT ................................................................................................. 18
35. GOVERNING LAW AND VENUE ................................................................................. 18
36. INDEMNIFICATION........................................................................................................ 18
37. INDEPENDENT CAPACITY OF THE GRANTEE ........................................................ 18
38. INDUSTRIAL INSURANCE COVERAGE ..................................................................... 18
39. LAWS ................................................................................................................................ 18
40. LICENSING, ACCREDITATION AND REGISTRATION ............................................ 18
41. LIMITATION OF AUTHORITY...................................................................................... 19
42. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ...................................... 19
43. PAY EQUITY .................................................................................................................... 19
44. POLITICAL ACTIVITIES ................................................................................................ 19
45. PUBLICITY ....................................................................................................................... 19
46. RECAPTURE .................................................................................................................... 19
47. RECORDS MAINTENANCE ........................................................................................... 20
48. REGISTRATION WITH DEPARTMENT OF REVENUE ............................................. 20
49. RIGHT OF INSPECTION ................................................................................................. 20
50. SAVINGS .......................................................................................................................... 20
51. SEVERABILITY ............................................................................................................... 20
52. SITE SECURITY............................................................................................................... 20
53. SUBGRANTING/SUBCONTRACTING ......................................................................... 20
54. SURVIVAL ....................................................................................................................... 21
55. TAXES ............................................................................................................................... 21
56. TERMINATION FOR CAUSE ......................................................................................... 21
57. TERMINATION FOR CONVENIENCE.......................................................................... 21
58. TERMINATION PROCEDURES ..................................................................................... 21
59. TREATMENT OF ASSETS .............................................................................................. 22
60. WAIVER............................................................................................................................ 22
ATTACHMENT A - SCOPE OF WORK .................................................................................... 24
ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO
COMPLETE THE PROJECT ....................................................................................................... 26
ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF
PREVAILING WAGES ............................................................................................................... 28
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iii
ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THELEADERSHIP IN
ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS .......... 30
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1
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2
FACE SHEET
Grant Number: 20-96627-155
Project Name: McCormick Woods Sewer Lift Station
Washington State Department of Commerce
Local Government Division
Community Assistance and Research Unit
1. GRANTEE 2. GRANTEE Doing Business As (optional)
City of Port Orchard
216 PROSPECT ST
PORT ORCHARD, WA 98366-5326
N/A
3. GRANTEE Representative 4. COMMERCE Representative
Heidi Draper,
(360) 876-4407
hdraper@cityofportorchard.us
Susan Butz, Grant Manager
PO Box 42525, Olympia, WA 98504
(360) 725-2741
susan.butz@commerce.wa.gov
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
$784,000.00 Federal: State:X Other: N/A: July 1, 2019 June 30, 2023
(subject to reappropriation)
9. Federal Funds (as applicable)
N/A
Federal Agency
N/A
CFDA Number
N/A
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
XXXXXXXXXXXXXX SWV0025665-00 182000005 N/A
14. Grant Purpose
The outcome of this performance-based Grant Agreement is to undertake a legislatively approved project that furthers the goals and
objectives of Washington State Direct Appropriations Program as referenced in Attachment A – Scope of Work.
COMMERCE, defined as the Washington State Department of Commerce, and the GRANTEE, as defined above, acknowledge and
accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year
referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other
documents incorporated by reference: Grant Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” –
Certification of Availability of Funds to Complete the Project, Attachment “C” – Certification of the Payment and Reporting of
Prevailing Wages, Attachment “D” – Certification of Intent to Enter LEED Process.
FOR GRANTEE FOR COMMERCE
Signature
Print Name
Title
Date
Mark K. Barkley, Assistant Director
Local Government Division
Date
APPROVED AS TO FORM
Luke Eaton, Assistant Attorney General
8/13/2019
Date
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4
DECLARATIONS
GRANTEE INFORMATION
GRANTEE Name: City of Port Orchard
Grant Number: 20-96627-155
State Wide Vendor Number: SWV0025665-00
PROJECT INFORMATION
Project Name: McCormick Woods Sewer Lift Station
Project City: PORT ORCHARD
Project State: Washington
Project Zip Code: 98366-5326
GRANT AGREEMENT INFORMATION
Grant Amount: $784,000.00
Appropriation Number: SHB 1102.PL Section 1042 (2019 Regular
Session)
Re-appropriation Number (if applicable): N/A
Grant End Date: June 30, 2023 (subject to reappropriation)
Biennium: 2019-2021
Biennium Close Date: June 30, 2021
Earliest Date for Construction Reimbursement: July 1, 2016
ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT
N/A
Page 27 of 167
5
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6
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS GRANT AGREEMENT, entered into by and between the GRANTEE and COMMERCE, as defined
on the Face Sheet of this Grant Agreement, WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate
with and provide assistance to local governments, businesses, and community-based
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has made an appropriation to support the Local
and Community Projects Program, and directed COMMERCE to administer those funds; and
WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive
funding for design, acquisition, construction, or rehabilitation (a venture hereinafter referred to as
the “Project”).
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
1. GRANT 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 Grant.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed the awarded Grant Amount as shown on the Face
Sheet of this Grant Agreement, for the capital costs necessary for or incidental to the performance of
work as set forth in the Scope of Work.
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE
certifying that it has expended or has access to funds from non-state sources as set forth in
ATTACHMENT B (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT), hereof. Such non-state sources may consist of a combination of any of the following:
i) Eligible Project expenditures prior to the execution of this Grant Agreement.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan commitment(s).
iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
vi) The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non-state matching fund credit.
vii) In-kind contributions, subject to COMMERCE’S approval.
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B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non-state sources, and shall make such records available for
COMMERCE’s review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12
RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department
of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations that
involve the expenditure of over $500,000 in state funds. Projects for which the grant award or
legislative intent documents specify that the state funding is to be used for design only are exempt
from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or other appropriate security instrument in favor of COMMERCE (the “Deed of Trust”). The
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety (90) days of Grant Agreement execution.
The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the Grant as set
forth on the Face Sheet, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten
(10) years following the final payment of state funds to the GRANTEE under this grant. Upon
satisfaction of the ten-year term requirement and all other grant terms and conditions,
COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey
the Deed of Trust.
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender’s policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty (30) days of receiving the
request.
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When the grant is used to fund the acquisition of real property, the value of the real property
eligible for reimbursement under this grant shall be established as follows:
A. GRANTEE purchases of real property from an independent third-party seller shall be evidenced
by a current appraisal prepared by a licensed Washington State commercial real estate
appraiser, or a current property tax statement.
B. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC,
shall be evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser or the prior purchase price of the property plus holding costs, whichever is
less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
Payments to the Grantee shall be made on a reimbursement basis only. Costs incurred on or after
the EARLIEST DATE FOR CONSTRUCTION REIMBURSEMENT as shown on the Declarations
page are eligible for reimbursement under this Grant Agreement. The GRANTEE may be reimbursed
for the following eligible costs related to the activities identified in the SCOPE OF WORK shown on
Attachment A.
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8
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
E. Other costs authorized through the legislation
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for eligible Project expenditures, up to the maximum
payable under this Grant Agreement. When requesting reimbursement for expenditures made, the
GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that
documents capitalized Project activity performed for the billing period. The GRANTEE can submit all
Invoice Vouchers and any required documentation electronically through COMMERCE’s Contracts
Management System (CMS), which is available through the Secure Access Washington (SAW)
portal.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the Grant Agreement. The
GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds
transfer, as applicable, that confirms that they have paid each expenditure being claimed. The
cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the
voucher is initially submitted, or within thirty (30) days thereafter.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the
completion of work or other termination of this Grant Agreement, or within fifteen (15) days following
the end of the state biennium unless Grant Agreement funds are reappropriated by the Legislature in
accordance with Section 19, hereof.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the Invoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
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
GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
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Duplication of Billed Costs
The GRANTEE shall not bill COMMERCE for services performed under this Grant Agreement, and
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. SUBCONTRACTOR DATA COLLECTION
GRANTEE 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 Grant performed by subcontractors and the
portion of Grant 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.
10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT
The GRANTEE shall complete a Certified Project Completion Report when activities identified in the
SCOPE OF WORK shown on Attachment A are complete.
The GRANTEE shall provide the following information to COMMERCE:
A. A certified statement that the Project, as described in the SCOPE OF WORK shown on Attachment
A, is complete and, if applicable, meets required standards.
B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the
project as described in the SCOPE OF WORK shown on Attachment A.
C. Certification that all costs associated with the Project have been incurred and accounted for. Costs
are incurred when goods and services are received and/or Grant work is performed.
D. A final voucher for the remaining eligible funds, including any required documentation.
The GRANTEE will submit the Certified Project Completion Report together with the last Invoice
Voucher for a sum not to exceed the balance of the Grant Amount.
11. INSURANCE
The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state of Washington should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the
GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
insureds under the insurance policy. All policies shall be primary to any other valid and collectable
insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty (30) calendar days
advance notice of any insurance cancellation or modification.
The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date,
a certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
The GRANTEE shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance
Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect
against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence.
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Additionally, the GRANTEE is responsible for ensuring that any Subgrantee/subcontractor provide
adequate insurance coverage for the activities arising out of subgrants/subcontracts.
Automobile Liability. In the event that performance pursuant to this Grant involves the use of
vehicles, owned or operated by the GRANTEE or its Subgrantee/subcontractor, automobile liability
insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence,
using a Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. The GRANTEE shall maintain
Professional Liability or Errors and Omissions Insurance. The GRANTEE shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the GRANTEE and licensed
staff employed or under contract to the GRANTEE. The state of Washington, its agents, officers, and
employees need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of
the GRANTEE for the purpose of receiving or depositing funds into program accounts or issuing
financial documents, checks, or other instruments of payment for program costs shall be insured to
provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest
of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured
pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this Grant
shall secure fidelity insurance as noted above. Fidelity insurance secured by
Subgrantees/subcontractors pursuant to this paragraph shall name the GRANTEE and the
GRANTEE’s fiscal agent as beneficiary.
C. The GRANTEE shall provide, at COMMERCE’s request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
GRANTEES and Local Governments that Participate in a Self-Insurance Program.
Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool or
self-insured risk management program. In order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or
letter of coverage that outlines coverage limits and deductibles. All self-insured risk management
programs or self-insured/liability pool financial reports must comply with Generally Accepted
Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental
Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the
Washington State Auditor’s annual instructions for financial reporting. GRANTEE’s participating in
joint risk pools shall maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The state of Washington, its agents, and employees need
not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited
from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE’s self-insured/liability pool or self-insured
risk management program. Such annual summary of coverage and letter of self insurance will be
provided on the anniversary of the start date of this Agreement.
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12. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Declarations page of this Grant Agreement
Special Terms and Conditions
General Terms and Conditions
Attachment A – Scope of Work
Attachment B – Certification of the Availability of Funds to Complete the Project
Attachment C – Certification of the Payment and Reporting of Prevailing Wages
Attachment D – Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
13. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this Grant Agreement are
withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during
the Grant Agreement period, the parties hereto shall be bound by any such revised funding limitations
as implemented at the discretion of COMMERCE, and shall meet and renegotiate the Grant
Agreement accordingly.
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the
capital facilities and/or equipment constructed or purchased with state funds under this Grant
Agreement; provided, however, that COMMERCE may be granted a security interest in real property,
to secure funds awarded under this Grant Agreement. This provision does not extend to claims that
COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this
Grant Agreement.
15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this Grant Agreement, shall be held and used by the GRANTEE for the purpose or
purposes stated elsewhere in this Grant Agreement for a period of at least ten (10) years from the
date the final payment is made hereunder.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this Grant Agreement.
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated on the Face Sheet,
hereof, plus interest calculated at the rate of interest on state of Washington general obligation
bonds issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 46 (Recapture provision).
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16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this Grant Agreement
shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant
Agreement for a period of at least ten (10) years from the date the final payment is made
hereunder.
B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated on the Face Sheet,
hereof, plus interest calculated at the rate of interest on state of Washington general obligation
bonds issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 46 (Recapture Provision).
17. SIGNAGE, MARKERS AND PUBLICATIONS
If, during the period covered by this Grant Agreement, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project,
any such communication or publication must identify “The Taxpayers of Washington State” as a
participant.
18. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Grant Agreement, GRANTEE
shall complete the requirements of Governor’s Executive Order 05-05, where applicable, or
GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if
applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance
with all laws, regulations, and agreements related to the preservation of historical or cultural
resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any
claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of
the project funded by this Grant Agreement.
In addition to the requirements set forth in this Grant Agreement, GRANTEE shall, in accordance with
Governor’s Executive Order 05-05, coordinate with COMMERCE and the Washington State
Department of Archaeology and Historic Preservation (“DAHP”), including any recommended
consultation with any affected tribe(s), during Project design and prior to construction to determine the
existence of any tribal cultural resources affected by the Project. GRANTEE agrees to avoid,
minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds
under this Grant Agreement.
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the
local historical preservation officer and the state's historical preservation officer at DAHP, and the
COMMERCE Representative identified on the Face Sheet. If human remains are uncovered, the
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The GRANTEE shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Grant Agreement, GRANTEE agrees to comply with
RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor’s Executive Order 05-05.
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In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may
be required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National
Historic Preservation Act.
19. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by the BIENNIUM
CLOSE DATE listed on the Declarations page will lapse on that date unless specifically
reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's
obligation under the terms of this Grant Agreement shall be contingent upon the terms of such
reappropriation.
B. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this Grant Agreement, COMMERCE reserves the
right to terminate or amend this Grant Agreement accordingly, including the right to recapture all
funds disbursed to the GRANTEE under the Grant.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
21. DEFINITIONS
As used throughout this Grant, 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 Department of Commerce.
C. "GRANTEE" shall mean the entity identified on the Face Sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
D. “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.
E. ”State” shall mean the state of Washington.
F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms “subgrantee/subcontractor” refers to any tier.
G. “Subrecipient” shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a beneficiary
of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or
services in the course of normal trade or commerce.
H. “Vendor” is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually determined
to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with
contractual penalties if the entity fails to meet program performance standards.
I. “Grant Agreement” or “Agreement” means the entire written agreement between COMMERCE
and the GRANTEE, including any Attachments, Exhibits, documents, or materials incorporated by
reference.
22. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE’s reports, including computer models and the
methodology for those models.
23. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant shall
be made by COMMERCE.
24. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
25. AMENDMENTS
This Grant 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.
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26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE “ADA” 28 CFR PART 35
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
27. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
28. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorney’s fees and costs.
29. AUDIT
A. General Requirements
COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit
services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
In any case, the GRANTEE’s records must be available for review by COMMERCE.
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than nine (9)
months after the end of the GRANTEE’s fiscal year(s) by sending a scanned copy to
comacctoffice@commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Accounting Services
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
Copy of the Management Letter.
If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
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30. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as “confidential” by
COMMERCE;
2. All material produced by the GRANTEE that is designated as “confidential” by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. “Personal information” includes but is not limited to information related to
a person’s name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver’s license number and other
identifying numbers, and “Protected Health Information” under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information
solely for the purposes of this Grant 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 GRANTEE 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 GRANTEE shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE 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.
31. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this Grant Agreement if it is
found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public
Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in
the procurement of, or performance under this Grant Agreement.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on this Grant, or any
matter related to the project funded under this Grant or any other state funded project, including but
not limited to formulating or drafting legislation, participating in grant procurement, planning and
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date
of this Grant. Identify the individual by name, the agency previously or currently employed by, job title
or position held, and separation date. If it is determined by COMMERCE that a conflict of interest
exists, the GRANTEE may be disqualified from further consideration for the award of a Grant.
In the event this Grant Agreement is terminated as provided above, COMMERCE shall be entitled to
pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the
Grant Agreement by the GRANTEE. The rights and remedies of COMMERCE provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
The existence of facts upon which COMMERCE makes any determination under this clause shall be
an issue and may be reviewed as provided in the “Disputes” clause of this Grant Agreement.
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32. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant 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 GRANTEE 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 Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE 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 GRANTEE warrants
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, 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 Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
33. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the GRANTEE's name, address, and Grant number; and
be mailed to the Director and the other party’s (respondent’s) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Director or the
Director’s designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties’ choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
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34. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the
same services or expenses.
35. GOVERNING LAW AND VENUE
This Grant 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.
36. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims. “Claim” as used in this Grant Agreement, means any financial
loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable
for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property
including loss of use resulting therefrom.
The GRANTEE’s obligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE’s agents, employees, representatives, or any subgrantee/subcontractor or its employees.
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE’S or any subgrantee’s/subcontractor’s performance or failure to
perform the Grant. GRANTEE’S obligation to indemnify, defend, and hold harmless the State shall
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
37. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Grant Agreement are not employees or
agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim
to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will
the GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
38. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Grant Agreement, and transmit the deducted amount to the Department of
Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s
rights to collect from the GRANTEE.
39. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended.
40. LICENSING, ACCREDITATION AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant Agreement.
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41. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Grant Agreement. Furthermore, any alteration,
amendment, modification, or waiver or any clause or condition of this Grant Agreement is not
effective or binding unless made in writing and signed by the Authorized Representative.
42. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the GRANTEE’s non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure
set forth herein.
43. PAY EQUITY
The GRANTEE agrees to ensure that “similarly employed” individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are “similarly employed” if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. GRANTEE may allow differentials in compensation for its workers if the differentials are based in
good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or quality
of production; a bona fide job-related factor or factors; or a bona fide regional difference in
compensation levels.
(ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived
from a gender-based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender-based differential; and account for the
entire differential.
This Grant Agreement may be terminated by COMMERCE, if COMMERCE or the Department of
Enterprise services determines that the GRANTEE is not in compliance with this provision.
44. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
45. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE’s name is mentioned, or language used from which the connection with
the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
46. RECAPTURE
In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, 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.
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Repayment by the GRANTEE 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 Grant.
47. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE 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 Grant, 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.
48. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
49. RIGHT OF INSPECTION
The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance
under this Grant.
50. 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 Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
51. SEVERABILITY
The provisions of this Grant 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 Grant.
52. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
53. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for
any of the work contemplated under this Grant Agreement without obtaining prior written approval of
COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce
the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE’s
duties. This clause does not include Grants of employment between the GRANTEE and personnel
assigned to work under this Grant.
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Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subgrants/subcontracts. GRANTEE
and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise
make known to unauthorized persons personal information without the express written consent of
COMMERCE or as provided by law.
54. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
55. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE’s
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
56. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination shall be deemed a “Termination for Convenience”
if it is determined that the GRANTEE: (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 Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
57. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
58. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE 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
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Grant. COMMERCE may withhold from any amounts due the GRANTEE 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 Grant Agreement.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not terminated;
3. 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 GRANTEE under the
orders and subgrants/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
subgrants/subcontracts;
4. 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 AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be final
for all the purposes of this clause;
5. 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 Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
7. 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 Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
59. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct
item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by
the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this
Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this Grant, or (ii) commencement of use of such property in the performance of this
Grant, 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 GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors.
60. 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 Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
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ATTACHMENT A - SCOPE OF WORK
Funds awarded under this grant will be used for capital expenditures related to the complete rebuild and
upgrade of the McCormick Woods Sanitary Sewer Lift Station #2, located at 3011 SW Old Clifton Road,
Port Orchard, WA 98367. Costs may include, but are not limited to, demolition and new construction.
This project began in May 2018, and is expected to be substantially complete by October 2020.
All project work completed with prior legislative approval. The “Copyright Provisions”, Section 32 of the
General Terms and Conditions, are not intended to apply to any architectural and engineering design
work funded by this grant.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body as of the date and year written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
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25
Page 48 of 167
26
ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO
COMPLETE THE PROJECT
Type of Funding Source Description Amount
Grant Washington State Department of Commerce $784,000.00
Other Grants
Grant #1 $
Grant #2 $
Total Other Grants $0.00
Other Loans
Loan #1 $
Loan #2 $
Total Loans $0.00
Other Local Revenue
Source #1 City of Port Orchard $3,448,500.00
Total Local Revenue $3.448,500.00
Other Funds
Source #1 $
Source #2 $
Total Other Funds $0.00
Total Project Funding $4,232,500.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by
this Grant Agreement and identified above has been reviewed and approved by the GRANTEE’s
governing body or board of directors, as applicable, and has either been expended for eligible Project
expenses, or is committed in writing and available and will remain committed and available solely and
specifically for carrying out the purposes of this Project as described in elsewhere in this Grant
Agreement, as of the date and year written below. The GRANTEE shall maintain records sufficient to
evidence that it has expended or has access to the funds needed to complete the Project, and shall make
such records available for COMMERCE’s review upon reasonable request.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
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27
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28
ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF
PREVAILING WAGES
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the
Project funded by this Grant Agreement, including but not limited to the filing of the “Statement of Intent to
Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The GRANTEE
shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such
records available for COMMERCE’s review upon request.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body as of the date and year written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
Page 51 of 167
29
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30
ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN
ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this Grant Agreement. The GRANTEE shall, upon receipt of LEED certification by the United
States Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year
written below.
EXEMPT: DO NOT SIGN
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
Page 53 of 167
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7C Meeting Date: April 14, 2020
Adoption of a Resolution Authorizing the Use of Prepared by: Charlotte Archer
Digital and Electronic Signature Technology, and City Attorney
Ratifying the Use of Electronic Signatures During Atty Routing No.: N/A
Declared Emergency Atty Review Date: N/A
Summary: This Resolution authorizes the use and receipt of electronic signatures by the City in lieu of
handwritten signatures, pursuant to state law.
By way of background, in 2015, the Washington legislature enacted Chapter 19.360 RCW, adopting
regulations for the use, acceptance and removal of barriers to the use and acceptance of electronic
signatures by public agencies. The legislation further authorized electronic dealings for governmental affairs
and transactions via electronic signature rather than a more traditional handwritten signature on documents
necessary for certain governmental transactions.
During its most recent session, the legislature enacted Engrossed Substitute Senate Bill 6028 (2020 Reg.
Sess.), effective June 2020, which adopts the provisions of the Uniform Electronic Transactions Act, an act
proffered by the Uniform Law Commission to establish standards for electronic signatures and electronic
records nationwide. In 2000, the Electronic Signatures in Global and National Commerce Act (ESIGN) was
enacted at the federal level to establish that non-UETA state enactments were federally preempted unless
they were consistent with ESIGN and UETA. During the 2020 session, the legislature responded to that
preemption by adopting UETA provisions, including that a record or signature may not be denied legal effect
or enforceability solely because it is in electronic form. Importantly, the directive to local agencies under Ch.
19.360 RCW (which has been repealed and replaced by ESSB 6028) remains the same under the new law:
Each governmental agency of this state shall determine whether, and the extent to which, a
governmental agency will create and retain electronic records and convert written records to
electronic records.
Both Ch. 19.360 and the new law effective June 2020 authorize public agencies to adopt policies as to the
manner and format in which electronic records must be created, generated, sent and stored, and the manner
and format in which the electronic signature must be affixed to an electronic record.
This Resolution would do two things. First, the City Council would authorize the use or receipt of an electronic
signature in lieu of a written signature, and establish policies for the implementation of this authorization by
staff. Second, the City Council would ratify the use of an electronic signature signed (or received)
electronically due to the COVID public health crisis.
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Business Item 7C
Page 2 of 2
Recommendation: Staff recommends the Council authorize the use and receipt of electronic signatures.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a Resolution authorizing the use of digital and electronic
signature technology, establishing an associated policy, and ratifying the use of electronic signatures during
the declared emergency.
Fiscal Impact: There is no fiscal impact.
Alternatives: Not approve the plan and provide additional guidance.
Attachments: Resolution and Exhibit A – Policy for Use and Receipt of Electronic Signatures
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RESOLUTION NO._____________
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE USE OF DIGITAL AND ELECTRONIC
SIGNATURE TECHNOLOGY, AND RATIFYING USE OF ELECTRONIC
SIGNATURES DURING DECLARED EMERGENCY
WHEREAS, RCW 19.360.020 authorizes municipalities in Washington to utilize electronic
signatures in the conduct of governmental affairs and other transactions where their use has
been authorized by the legislative body; and
WHEREAS, during the 2020 legislative session the Washington state legislature adopted
the Uniform Electronics Transactions Act, ESSB 6028, effective June 11, 2020, which repeals and
replaces Chapter 19.360 RCW but continues to allow municipalities to determine whether, and
the extent to which, the agency will send and accept electronic signatures in the conduct of its
business; and
WHEREAS, the use of electronic signature technologies can benefit the City of Port
Orchard by decreasing the City’s reliance on paper transactions and physical documents,
lessening administrative demands, improving efficiency, leveraging the City’s investments in
digital technology, and saving time and reducing costs associated with conducting City business;
and
WHEREAS, the City has the capability, in conjunction with its document management
service provider Laserfiche, to utilize various electronic signature technologies including
industry leader DocuSign; and
WHEREAS, the value of electronic signatures is heightened and apparent during a
declared state of emergency such as the current COVID-19 pandemic, when City business must
be conducted via remote technologies due to the Governor’s Stay Home, Stay Safe
Proclamation; and
WHEREAS, the City Council desires to authorize the use and receipt of electronic
signatures, and to adopt policies for the implementation of this authorization to provide
reasonable assurances for the integrity, authenticity, and nonrepudiation of electronic
documents when electronic signatures are used;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City Council finds it to be in the public interest to allow the use of electronic
signatures for City business to the fullest extent allowed by law. An electronic signature may be
used with the same force and effect as a signature affixed by hand, subject to the limitations in
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this section and under state and federal law. The City Council authorizes the Mayor, Mayor Pro
Tem, City Department Directors or their designees, and Councilmembers to affix electronic
signatures to electronic records, or accept such electronic signatures, provided that:
A. The electronic signature is affixed or accepted in accordance with the policy
attached hereto as Exhibit A, and incorporated herein by reference.
B. The individual is authorized to sign the document.
C. The electronic signature contains, at a minimum:
a. The signatory’s full first and last name, and for City employees, elected
officials, or representatives of an entity, the signatory’s title;
b. A representation of the individual’s signature or acknowledgment of digital
signature in lieu of physical signature (e.g., using an “I accept” or “I agree”
check box with an affirmation statement); and
c. The date and time of the signature, unless the electronic signature
technology is self-auditing.
THAT: An electronic signature may not be used on any record other than that shall not
be executed by electronic signature pursuant to a federal, state or local law.
THAT: The City Council directs the Mayor to adopt any necessary administrative
processes to implement the use of electronic signatures by the City consistent with this
resolution and attached policy, and in compliance with the provisions of state law.
THAT: The City Council hereby ratifies the City’s use and receipt of electronic signatures
that comply with the policy adopted herein for the time period between the Mayor’s
Proclamation of Emergency, dated March 16, 2020, and the date of this resolution.
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 14th day of April 2020.
Robert Putaansuu, Mayor
ATTEST:
City Clerk, Brandy Rinearson, MMC
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Exhibit A -
City of Port Orchard
Policy for Use and Receipt of Electronic Signatures
Purpose
This policy is designed to:
• Provide reasonable assurance for the integrity, authenticity, and non-repudiation of
electronic documents and records when electronic signatures and submissions are used
and accepted; and
• Promote the use of electronic signatures and submissions across the agency.
Definitions
Record. A record is defined as any paper, machine-readable material, completed form,
or other document, regardless of physical format, made or received by the City of Port Orchard
(City) in connection with the transaction of public business.
Electronic Signature. An electronic sound, symbol or process, attached to or logically
associated with an electronic record, and executed or adopted by a person with the intent to
sign the record. An electronic signature includes:
Digitized Signature. A digitized signature is a graphical image of a handwritten
signature.
Digital Signatures. A “digital signature,” which is a type of electronic signature, is
created when the signer uses their private signing key to create a unique mark
(called a “signed hash”) on an electronic document.
Personal Identification Number (PIN) or password. When using a PIN or
password for an e-signature, a person accessing an application is required to
enter identifying information, which may include an identification number.
Policy
A. The City encourages electronic transactions and recognizes electronic records and
signatures in all correspondence and transactions conducted by the City to the extent
allowed by law.
B. The specific method of electronic signature shall be approved in advance by the Mayor
or designee, and shall afford a reasonable assurance level as to the integrity of the
electronic signature, as determined by the Mayor or designee.
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C. At a minimum, Department Directors or their designee shall use the following criteria
when determining the applicability and appropriate method of electronic signatures:
1. Does the method of signing or the nature of the record adequately identify the
signer?
2. Does the method of signing adequately address the risks associated with the
particular type of transaction while minimizing the barriers to conducting
electronic transactions?
3. Does the electronic signature method need to preserve the integrity of the
electronic record being signed?
D. Approvals must be documented and address each of the approval criteria required by
this policy.
E. The use and acceptance of an electronic signature affirmed by an electronic record
notary public is permitted as long as the notarization complies with the Revised
Uniform Law on Notarial Acts, Chapter 42.45 RCW.
F. The use and acceptance of an electronic signature for electronic records utilized by
the Port Orchard Police Department shall comply with the applicable requirements for
CJIS records management, Washington State Court General Rule 30 and similar rules
of application for Washington’s courts, and the Department’s case management
software.
Page 59 of 167
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 7D Meeting Date:
April 14, 2020
Subject Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E.
Contract with Northwest Cascade, Inc. Public Works Director
for a Grinder Pump Installation Project at Atty Routing No: N/A
4330 Bethel Avenue and Documenting Atty Review Date: N/A
Procurement Procedures
Summary: On February 4, 2020, pursuant to the Hearing Examiner’s Conditions of the Andiaso
Preliminary Plat Decision, the City’s Public Works Department staff issued a Request for Proposal (RFP)
to three (3) qualified Contractor’s from the current MRSC Small Works Roister (see Resolution Exhibit A
attached) for the installation of a sewerage grinder pump to replace the existing onsite septic system
impacted by the reconstruction of Blueberry Road. By the February 28, 2020 deadline, only one (1)
Proposal was received. On March 18, 2020, staff confirmed the requirements of the Bidder’s Checklist
and determined that Northwest Cascade, Inc. was the lowest responsible bidder for the Project, with a
bid of $16,132.00 (applicable taxes included.)
Recommendation: Staff recommends adoption of Resolution No. 009-20, thereby approving Contract
No. C039-20 with Northwest Cascade, Inc. for the Grinder Pump Installation at 4330 Bethel Avenue in
the amount of $16,132.00 (applicable taxes included.) In addition, the Condition also stipulates that
the County, or their successor, pays the appropriate Sewer Connection Fees.
Relationship to Comprehensive Plan: Chapter 7 – Utilities (Sewer)
Motion for Consideration: I move to adopt Resolution No. 009-20, thereby approving Contract No.
C039-20 with Northwest Cascade, Inc. for the Grinder Pump Installation at 4330 Bethel Avenue in the
amount of $16,132.00 (applicable taxes included) and documenting the Professional Services
procurement procedures. In addition, this Motion allows for the City of Port Orchard to pay the
appropriate Sewer Connection Fees as required.
Fiscal Impact: No funding was allocated within the 2019-2020 Biennial Budget for this unforeseen
Project. A budget amendment from the Sewer Utility Fund will be required.
Attachments: Resolution No. 009-20 w/ Exhibit A and Contract No. C039-20.
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RESOLUTION NO. 009-20
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE CONTRACT NO. C039-20 WITH NORTHWEST CASCADE, INC.
FOR A GRINDER SYSTEM INSTALLATION AND DOCUMENTING PROCUREMENT
PROCEDURES.
WHEREAS, on April 24, 2009, as a Condition of the Blueberry Road reconstruction, Kitsap
County executed a Right of Way Deed for Blueberry Road SE with the abutting property owner at 4330
Bethel Rd. (AFN 200904300075); and
WHEREAS, there was a predetermined adverse impact to the abutting property owner’s
onsite septic system as a result of the proposed reconstruction; and
WHEREAS, Kitsap County became responsible for decommissioning the abutting property
owner’s existing onsite septic tank and for the installation of a new grinder system and associated
West Sound Utility District Connection Fees; and
WHEREAS, on November 22, 2011, the City of Port Orchard became the successor to this
deed (AFN 200904300075) through the Bethel Avenue North Annexation (Ordinance No. 019-11);
and
WHEREAS, on February 4, 2020, city staff followed procurement guidelines and issued an
Invitation To Bid to three (3) contractors selected off the MRSC Roster (see Exhibit A attached); and
WHEREAS, on February 28, 2020 the City received one (1) responsive low bid, whereby Staff
then confirmed the requirements of the Bidder’s Checklist; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: The Port Orchard City Council approves Contract No. C039-20 with Northwest
Cascade, Inc. for the conversion of the existing onsite septic system at 4330 Bethel Road to
a grinder system and the associated West Sound Utility District Connection Fees for this
connection.
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 14th day of April 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
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City of Port Orchard and
Public Works Project No. 2020-001
Small Works Contract No. C039-20 Rev 7/18/19
Page 1 of 23
CITY OF PORT ORCHARD SMALL WORKS 35K AND UNDER
CONSTRUCTION CONTRACT NO. C039-20
PUBLIC WORKS PROJECT NO. 2020-001
THIS Agreement is made effective as of the _15th__ day of __April___, 2020, by and
between
CITY OF PORT ORCHARD, WASHINGTON (“CITY”)
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
and
_Northwest Cascade, Inc.________ (“CONTRACTOR”)
_P.O. Box 73399_______________
_Puyallup, WA 98373___________
Contact: Zachary Tiegs Phone: 253.244.8646 Fax: 253.848.2399
for the following Project:
4330 Bethel Road Grinder Pump/Sewer Connection (“PROJECT”)
The City and Contractor agree as follows:
1. Contract Documents. The Contractor shall complete the Work described in the Contract
Documents for the Project. The following documents are collectively referred to as the
“Contract Documents”:
a. This Agreement signed by the City and the Contractor;
b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal
Construction, 2018 edition, together with APWA Supplement (1-99), subject to specific
provisions contained within the Public Works Terms and Conditions;
c. The attached Special Provisions, Plans and Specifications;
d. Written change orders or orders for minor changes in the Work issued after execution of
this Agreement;
e. Public Works Terms and Conditions;
f. Insurance and Bonding Requirements; and
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City of Port Orchard and
Public Works Project No. 2020-001
Small Works Contract No. C039-20 Rev 7/18/19
Page 2 of 23
g. The bid proposal submitted by the Contractor, except when inconsistent with Contract
Documents a-f.
The intent of the Contract Documents is to include all items necessary for the proper execution
and completion of the Work by the Contractor. These Contract Documents complement each
other in describing a complete work. Any requirement in one document binds as if stated in all.
The Contractor shall provide any work or materials clearly implied in the Contract even if the
Contract does not mention it specifically.
2. Date of Commencement and Substantial Completion Date. The date of commencement
shall be ___May 1, 2020____. The Contractor shall substantially complete the Work not later
than _May 31, 2020__, subject to adjustment by change order.
3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance
with the above described Construction Contract Documents. The Contractor shall provide and
bear the expense of all equipment, work, and labor of any sort whatsoever that may be required
for the transfer of materials and for constructing and completing of the work provided for in
these Construction Contract Documents, except those items mentioned therein to be furnished
by the City.
4. Subject to additions and deductions by change order, the construction Contract Sum is the base
bid amount of $16,132.00_ (applicable sales tax included.) The construction Contract Sum
shall include all items and services necessary for the proper execution and completion of the
work. The City hereby promises and agrees with the Contractor to employ, and does employ
the Contractor to provide the materials and to do and cause to be done the work described in
the Construction Contract Documents and to complete and finish the same according to the
plans and specifications and the terms and conditions herein contained; and hereby contracts
to pay for the same at the time and in the manner and upon the conditions provided for in this
Contract.
5. The Contractor agrees to comply with all state and federal laws relating to the employment of
labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and
in the amounts set forth in the Construction Contract Documents.
6. The Contractor agrees to repair and replace all property of the City and all property of others
damaged by himself, his employees, and sub-contractors.
7. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns,
does hereby agree to the full performance of all the covenants herein upon the part of the
Contractor.
8. It is further provided that no liability shall attach to the City of Port Orchard by reason of
entering into this Construction Contract, except as expressly provided herein.
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City of Port Orchard and
Public Works Project No. 2020-001
Small Works Contract No. C039-20 Rev 7/18/19
Page 3 of 23
9. 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 Contractor, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Contractor 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 Contractor, 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 Contractor 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 Contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Contractor of the Contractor’s
obligations under this 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 Contractor will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Contractor is in the exclusive possession of
another who fails or refuses to furnish the information, the Contractor 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 Contractor’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 Contractor 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 Contractor 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 Contractor
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City of Port Orchard and
Public Works Project No. 2020-001
Small Works Contract No. C039-20 Rev 7/18/19
Page 4 of 23
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 Contractor becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Contractor may request the City to enter into any litigation
to protect the interests of the City. In addition, the Contractor may request the United States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed
on the date first written above.
CITY OF PORT ORCHARD CONTRACTOR
____________________________ ____________________________
Robert Putannsuu, Mayor
By:
Its:
ATTEST/AUTHENTICATE:
______________________________
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Charlotte A. Archer, City Attorney
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City of Port Orchard and
Public Works Project No. 2020-001
Small Works Contract No. C039-20 Rev 7/18/19
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I, ____________________________________ (Corporate Officer (Not Contract Signer))
certify that I am the _________________________________________ (Corporate Title) of the
corporation named as the Contractor in the Agreement attached hereto; that
_______________________________, (Contract Signer) who signed said Agreement on behalf
of the Contractor, was then __________________________ (Corporate Title) of said corporation;
that said Agreement was duly signed for and in behalf of said corporation by authority of its
governing body, and is within the scope of its corporate powers.
Corporate Seal
______________________________________
Corp. officer signature (not contract signer)
______________________________________
Printed
______________________________________
Title
State of ____________ )
County of __________ )
_____________________________________, (corporate officer (not contract signer)) being
duly sworn, deposes and says that he/she is _____________________________ (Corporate Title)
of ______________________________ (Name of Corporation)
Subscribed and sworn to before me this _______ day of _____________, 20______
______________________________
Notary Public (Signature)
______________________________
Notary Public (Print)
My commission expires____________
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City of Port Orchard and
Public Works Project No. 2020-001
Small Works Contract No. C039-20 Rev 7/18/19
Page 6 of 23
CITY OF PORT ORCHARD
PUBLIC WORK PROJECT TERMS AND CONDITIONS
The following terms and conditions shall be used in conjunction with the Standard Specifications
for Road, Bridge and Municipal Construction, 2018 edition, together with the APWA Supplement
(Section 1-99), as issued by the Washington State Department of Transportation and American
Public Works Association, Washington State Chapter, hereinafter referred to as the "standard
specifications". The standard specifications, except as they may be modified or superseded by
these provisions, shall govern all phases of work under this Contract, and they are by reference
made an integral part of these specifications and Contract as if herein fully set forth.
When the provisions of the standard specification conflict with the terms and conditions as
contained herein, the terms and conditions shall prevail.
1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor,
material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other
incidentals necessary to complete the work in a fully functional and operational state. All prices
including bid prices are in US funds.
2. DEFINITIONS: The term “City” means Port Orchard, Washington, “successful bidder” means
the apparent lowest and best responsible bidder to whom an award is made, and “Contractor”
means the successful bidder who has satisfied the requirements for the award and who receives a
contract executed by the City. “Bidder” means the person, firm or corporation that has made an
offer in response to the invitation to bid. “Work” means the construction and services required by
the Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor’s obligations.
3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate
of registration per chapter 18.27 RCW; a current state unified business identifier number; and if
applicable, industrial insurance coverage for the bidder's employees working in Washington, an
Employment Security Department number, and a state excise tax registration number. In addition,
the bidder must not be disqualified from bidding on any public works contracts under RCW
39.06.010 or 39.12.065(3).
4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law.
Bidders are warned to take into consideration statutory legal requirements, particularly, the
payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax
implications in making their bids. It is the sole responsibility of the bidder to insure that the
appropriate labor classification(s) are identified and that the applicable wage and benefit rates are
taken into consideration when preparing their bid according to these specifications. The Contractor
shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent
to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their
requirements. The Contractor shall also be responsible for and pay all costs pertaining to the
processing of these forms.
5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in
the Attachment entitled “Insurance Requirements.”
6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents
will be by written addenda only.
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City of Port Orchard and
Public Works Project No. 2020-001
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7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby
proposes to perform all work for this project in strict accordance with the Contract Documents, at
the Contract Sum, and within the time set forth herein with the understanding that time is of the
essence in the performance of this Contract.
8. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid
item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate,
when applicable.
9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error.
10. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees
required in the performance of this Contract, including those charged under RCW 39.12.070 by
the Department of Labor and Industries for the approval of statements of intent to pay prevailing
wages and the certification of affidavits of wages paid, etc. The Department may also charge fees
to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The
Contractor is responsible for all fees resulting from these statutes.
11. CONTRACT: The Contract, when properly signed, will be the only form that will be
recognized by the City as an award. The executed Contract supersedes all previous
communications and negotiations, except as referenced herein, and constitutes the entire
agreement between the City and Contractor (parties), except as provided herein. The Contractor
shall not make any changes, alterations, or variations in the terms of the Contract without the
written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the
City unless accepted in writing by the City. The successful bidder may not assign the Contract
resulting from this invitation to bid without the City’s prior written consent. No waiver by the City
of a breach of any provision of the terms and conditions outlined in the invitation to bid shall
constitute a waiver of any other breach of such provision or of any other provisions.
12. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either
party believes that a change is necessary, then the parties shall comply with the following
procedure to document and reflect a change in the Work: (a) The party requesting the change shall
write a description of the change and give the description to the other party (the “Change Notice”);
(b) Before proceeding with the change in Work, unless otherwise excused by emergency, the
Contractor shall provide the City with a fixed-price written estimate of the cost and time impact
of the change in Work; and (c) The City and the Contractor shall execute a Change Order
confirming their agreement as to the change in Work, the fixed-price cost, and the extension of the
Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed-price
basis, the Change Order shall identify the agreed method of compensation.
13. CHANGE DIRECTIVES: A “Change Directive” is a written order signed by the City,
directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or
Substantial Completion Date, or both. The City may by Change Directive, without invalidating the
Contract, order changes in the Work within the general scope of the Contract consisting of
additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being
adjusted accordingly. A Change Directive shall only be used in the absence of total agreement on
the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly
proceed with the change in the Work and advise the City of its agreement or disagreement with
the proposed method for determining the proposed adjustment in the Contract Sum and/or
Substantial Completion Date, if any, provided in the Change Directive. A Change Directive signed
by the Contractor indicates agreement with all terms set forth in the Change Directive. Such
agreement shall be effective immediately and shall be recorded as soon as practical with a Change
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Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial
Completion Date, if any, then either party may submit the matter for determination in accordance
with Section 21.
14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor
changes in the Work not involving adjustment in the Contract Sum or extension of the Substantial
Completion Date and not inconsistent with the Contract documents. The Contractor shall promptly
carry out such written orders for minor changes in the Work.
15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full
compliance with all applicable local, state or federal laws and regulations and agrees to indemnify
and defend the City against any loss, cost, liability or damage, including reasonable attorney’s
fees, by reason of successful bidder's violation of this paragraph.
16. INDEMNIFICATION: All services to be rendered or performed under this Contract will be
rendered or performed entirely at the Contractor’s own risk. The Contractor shall defend,
indemnify and hold the City, its officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in
connection with the performance of this Contract, except for injuries and damages caused by the
sole negligence of the City. Should a court of competent jurisdiction determine that this Contract
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
Contractor and the City, its officers, officials, employees and volunteers, the Contractor’s liability
hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and
expressly understood that the indemnification provided herein constitutes the Contractor’s waiver
of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this
section shall survive the expiration or termination of this Contract.
17. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under
the following conditions: 1) by mutual written agreement; 2) by the City for breach by the
Contractor of any of the obligations or requirements set forth in the Contract Documents which
would, at the option of the City, require the Contractor to assume liability for any and all damages,
including the excess of re-procuring similar products or services; 3) for convenience of the City;
or 4) by the City for non-appropriation of funds.
18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions
contained herein, the City, without cause, may terminate the Contract between the parties by
providing notice to the Contractor. Upon termination under this section: 1) All remaining
obligations of the parties are discharged, but any right based upon breach or performance occurring
prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor
prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the
City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City
to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by
the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such
excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or
3), above, shall constitute full payment and consideration for the services performed by the
Contractor prior to termination.
19. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with
these terms and conditions, not withstanding any previous custom, practice, or course of dealing
to the contrary.
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20. PAYMENT: Contractor shall maintain time and expense records and provide them to the City
along with monthly invoices in a format acceptable to the City for work performed to the date of
the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If
the services rendered to not meet the requirements of the Contract, Contractor will correct or
modify the work to comply with the Contract. City may withhold payment for such work until the
work meets the requirements of the Contract.
21. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties
agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to
resolve any dispute promptly through negotiation. Either party may give the other party written
notice that a dispute exists (a “Notice of Dispute”). The Notice of Dispute shall include a statement
of such party’s position. Within ten (10) days of the delivery of the Notice of Dispute, the parties
shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the
parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The
cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the
mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute,
the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation
Services (“JAMS”) in accordance with the then operative construction rules of JAMS. The parties
may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected
pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The
arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to
conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the
parties may agree after consulting with JAMS.
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CITY OF PORT ORCHARD
INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of the Contract with the City, 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 Contractor, their agents, representatives,
employees and subcontractors.
No Limitation. The Contractor’s maintenance of insurance, its scope of coverage and limits as
required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law
or in equity.
Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below:
• 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.
• Commercial General Liability insurance shall be written on ISO occurrence form CG 00
01 and shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products-completed operations, personal injury and advertising
injury and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form
CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or
modification of the Commercial General Liability Insurance for liability arising from
explosion, collapse or underground property damage. The City shall be named by
endorsement as an additional insured under the Contractor’s Commercial General Liability
insurance policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG or substitute endorsements providing equivalent coverage.
• Workers’ Compensation coverage as required by the Industrial Insurance laws of the State
of Washington.
• Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and
Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form
and shall insure against the perils of fire and extended coverage and physical loss or
damage including flood, earthquake, theft, vandalism, malicious mischief, collapse,
temporary buildings and debris removal. The Builders Risk insurance covering the work
will have a deductible of $5,000 for each occurrence, which will be the responsibility of
the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the
City upon written request by the Contractor and written acceptance by the City. Any
increased deductibles accepted by the City will remain the responsibility of the Contractor.
The Builders Risk insurance shall be maintained until final acceptance of the work by the
City.
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• Employer’s Liability insurance limit of $1,000,000 each accident, Employer’s Liability
Disease each employee $1,000,000 and Employer’s Liability Disease – Policy limit
$1,000.000.
Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits:
• Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000.000 per accident.
• Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-
completed operations aggregate limit.
• Builders Risk insurance shall be written in the amount of the completed value of the project
with no coinsurance provisions.
Other Insurance Provisions. The Contractor’s Automobile Liability, Commercial General
Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance as respects the City. Any insurance, self-insurance or insurance pool
coverage maintained by the City shall be excess of the Contractor’s insurance and shall not
contribute with it. If any coverage is written on a “claims made” basis, then a minimum of 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.
Contractor’s Insurance for Other Losses. The Contractor shall assume full responsibility for all
loss or damage from any cause whatsoever to any tools, including but not limited to the
Contractor’s employee-owned tools, machinery, equipment or motor vehicles owned or rented by
the Contractor, or the Contractor’s agents, suppliers or contractors as well as any temporary
structures, scaffolding and protective fences.
Waiver of Subrogation. The Contractor waives all rights against the City, any of its
Subcontractors, Sub-subcontractors, agents and employees, for damages caused by fire or other
perils to the extent covered by Builders Risk insurance or other property insurance obtained
pursuant to this Insurance Requirements Section of the Contract or other property insurance
applicable to the work. The Contractor’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. The City will not waive its right to subrogation against the Contractor. The Contractor’s
insurance shall be endorsed acknowledging that the City will not waive its right to subrogation.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A:VII.
Verification of Coverage. The Contractor 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 Automobile Liability and Commercial General Liability
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insurance of the Contractor before commencement of the work. Before any exposure to loss may
occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that
includes all applicable conditions, exclusions, definitions, terms and endorsements related to this
project.
Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of
such notice.
Failure to Maintain Insurance. The insurance required by this Section will not be canceled,
materially changed or altered without forty-five (45) days prior written notice submitted to the
City. Failure on the part of the Contractor to maintain insurance as required shall constitute a
material breach of contract, upon which the City may, after giving five business days’ notice to
the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset
against funds due the Contractor from the City.
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City of Port Orchard and
Public Works Project No. 2020-001
Small Works Contract No. C039-20 Rev 7/18/19
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CITY OF PORT ORCHARD
DECLARATION OF OPTION FOR PERFORMANCE
BOND OR ADDITIONAL RETAINAGE
(APPLICABLE TO CONTRACTS OF $150,000 OR LESS – RCW 39.08.010)
Note: This form must be submitted at the time the Contractor executes the Contract. The
Contractor shall designate the option desired by checking the appropriate space.
The Contractor elects to:
________(1) Furnish a performance bond in the amount of the total contract sum.
An executed performance bond on the required form is included with the executed
contract documents.
________(2) Have the City retain, in lieu of the performance and payment bonds,
ten percent (10%) of the total contract amount for a period of thirty days after date
of final acceptance, or until receipt of all necessary releases from the department of
revenue and the department of labor and industries and settlement of any liens filed
under chapter 60.28 RCW, whichever is later. RCW 39.08.010.
In choosing option 2, the Contractor agrees that if the Contractor, 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 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 the Contract that may hereafter be made, at the time and in the manner therein
specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, 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 her part, and shall defend, indemnify, and save harmless the
City of Port Orchard, Washington, its officers and agents from any claim for such payment, then
the funds retained in lieu of a performance bond shall be released at the time provided in said
option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations.
__________________________________
Contractor Signature, Date____________
Bond No. _______________________________
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PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
4330 BETHEL RD SEWER CONNECTION
CONTRACT NO. C039-20
Bond to City of Port Orchard, Washington
Bond No. _____________
We, ___________________________________, and _________________________________________,
(Principal) (Surety)
a _________________________________ Corporation, and as a surety corporation authorized to become
a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and
severally bound to the City of Port Orchard, Washington (“Owner”), in the penal sum of
_________________________________________________________ Dollars ($_________________),
the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators,
executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the
performance of Principal in connection with a contract dated_____________, 20___, between Principal and
Owner for a project entitled 4330 Bethel Rd Sewer Connection Contract No. C039-20 (“Contract”). The
initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the
Proposal submitted by Principal.
NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the
condition that Principal:
Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and
within the time specified as may be extended under the Contract;
Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other
persons or agents who supply labor, equipment, or materials to the Project; and
• Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on:
(A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is
conditioned on the payment of such taxes, increases and penalties.
The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss
resulting from the failure:
Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal)
to faithfully perform the contract, or
Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers,
mechanics, subcontractors, lower tier subcontractors, material person, or any other person who
provides supplies or provisions for carrying out the work.
The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.
Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection
with enforcement of this bond each shall pay the Owner reasonable attorney’s fees, whether or not suit is
commenced, in addition to the penal sum.
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No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be
performed under the Contract shall in any way affect Surety’s obligation on the Performance Bond. Surety
hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract
or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than
twenty percent (20%).
If any modification or change increases the total amount to be paid under the Contract, Surety’s obligation
under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase
shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond
without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and construed by the laws of the State of
Washington, and venue shall be in Kitsap County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this
_______ day of _________________, 20 ___.
________________________________________ _______________________________________
Principal Surety
________________________________________ _______________________________________
Signature of Authorized Official Signature of Authorized Official
________________________________________ By ____________________________________
Printed Name and Title Attorney in Fact (Attach Power of Attorney)
Name and address of local office of
Agent and/or Surety Company:
Surety companies executing bonds must appear on the current Authorized Insurance List in the State of
Washington per Section 1-02.7 of the Standard Specifications.
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ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF )
)ss.
COUNTY OF )
On this _____ day of____________, 20____, before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared________________________, to
me known to be the (check one of the following boxes):
_______________________ of __________________________________, the
corporation,
_______________________ of __________________________________, the
partnership,
individual,
that executed the foregoing instrument to be the free and voluntary act and deed of said corporation,
partnership, individual for the uses and purposes therein mentioned, and on oath stated that he
she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at
My Commission expires:
Notary Seal with Ink Stamp
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SURETY ACKNOWLEDGEMENT
STATE OF )
)ss.
COUNTY OF )
On this _______ day of________________, 20_____, before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared___________________,
to me known to be the _____________________________ of________________________________, the
corporation that executed the 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.
WITNESS my hand and official seal hereto affixed the day and year first above written.
_____________________________________________
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:____________________________________
My Commission expires: _______________________
Notary Seal with Ink Stamp
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CITY OF PORT ORCHARD
MAINTENANCE/WARRANTY BOND
(Note: Before the Performance Bond can be released the City must receive the two years Maintenance/Warranty Bond)
PROJECT #, PERMIT #,
CONTRACT #
SURETY BOND #:
DATE POSTED:
EXPIRATION DATE:
RE: Project Name:
Owner/Developer/Contractor:
Project Address:
KNOW ALL PERSONS BY THESE PRESENTS: That we, (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 dollars ($ ) 20%
Total Contract Amount, 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 constructed and installed certain improvements on public
property in connection with a project as described above within the City of Port Orchard; and
WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written
and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or
replace said improvements against defects in workmanship, materials or installation during the twenty-four
(24) months after written and final approval/acceptance of the same by the City;
NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City.
It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but
only after the Principal has performed and satisfied the following conditions:
A. The work or improvements installed by the Principal and subject to the terms and conditions of this
Bond are as follows: (insert complete description of work here)
B. The Principal and Surety agree that the work and improvements installed in the above-referenced
project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping,
shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and
approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the
state of the project or improvements as accepted by the City during the twenty-four (24) month period after
final and written acceptance, and includes, but is not limited to, repair or replacement of defective
workmanship, materials or installations.
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C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects
in workmanship, materials or installation to the City-owned real property on which improvements have been
installed, and leave the same in as good condition as it was before commencement of the work.
D. The Principal and the Surety agree that in the event any of the improvements or restoration work
installed or completed by the Principal as described herein, fail to remain free from defects in materials,
workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24)
months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the
same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall:
1. Within twenty (20) days of demand of the City, make 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 D(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 estimate, limited to the bond amount.
2. In the event the Principal fails to make repairs or provide maintenance within the time period
requested 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 repairing or
maintaining the improvements. This provision shall not be construed as creating an obligation
on the part of the City or its representatives to repair or maintain such improvements.
E. Corrections. Any corrections required by the City shall be commenced within ten (10) 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 D above.
F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be
performed by the Principal shall 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.
G. 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
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agrees that this bond shall be governed by the laws of the State of Washington. Venue of any litigation
arising out of this bond shall be in Kitsap County Superior Court.
H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby
have been fully performed and until released in writing by the City at the request of the Surety or
Principal.
DATED this day of , 20__.
SURETY COMPANY DEVELOPER/OWNER
(Signature must be notarized) (Signature must be notarized)
By: By
Its Its
Business Name: Business Name:
Business Address: Business Address:
City/State/Zip Code: City/State/Zip Code:
Telephone Number: Telephone Number:
CITY OF PORT ORCHARD
By: Date: _________________________
Its Public Works Director/City Engineer
CHECK FOR ATTACHED NOTARY SIGNATURE
____ Individual (Form P-1)
____ Corporation (Form P-2)
____ Surety Company (Form P-2)
Page 84 of 167
City of Port Orchard and
Public Works Project No. 2020-001
Small Works Contract No. C039-20 Rev 7/18/19
Page 21 of 23
FORM P-1 / NOTARY BLOCK
(Use For Individual/Sole Proprietor Only)
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 (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:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires: _______________
Page 85 of 167
City of Port Orchard and
Public Works Project No. 2020-001
Small Works Contract No. C039-20 Rev 7/18/19
Page 22 of 23
FORM P-2 / NOTARY BLOCK
(Use For Partnership or Corporation Only)
(Developer/Owner)
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: ______________________________
___________________________________
___________________________________
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at: _________________________________
My Commission expires: _____________
(Surety Company)
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: _____________________________
___________________________________
____________________________________
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at: _________________________________
My Commission expires: ______________
Page 86 of 167
City of Port Orchard and
Public Works Project No. 2020-001
Small Works Contract No. C039-20 Rev 7/18/19
Page 23 of 23
APPENDIX A
During the performance of this Agreement, the Contractor, 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).
Page 87 of 167
Page 88 of 167
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 7E Meeting Date: April 14, 2020
Subject: Adoption of a Resolution Approving Continuity Prepared by: Matt Brown
of Operations (COOP) / Continuity of Chief of Police
Government (COG) Plan Atty Routing No.: Police - 12
Atty Review Date: April 3, 2020
Summary: As part of the City’s emergency management planning, the department directors and the Mayor
have developed a Continuity of Operations/Continuity of Government (COOP/COG) Plan. This plan is a
roadmap to ensure Primary Mission Essential Functions (PMEF) continue to be performed during a wide
range of emergencies, to include localized acts of nature, accidents, epidemics, and technological or attack-
related emergencies. Any event that makes it impossible for employees to work in their regular facility could
result in the activation of the Continuity Plan. The Plan was developed in accordance with the Federal
Emergency Management Agency (FEMA) guidance for non-federal entities.
Recommendation: Staff recommends the Council approve the proposed Continuity of Operations /
Continuity of Government Plan.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a Resolution adopting the Continuity of Operations/Continuity
of Government Plan.
Fiscal Impact: There is no fiscal impact.
Alternatives: Not approve the plan and provide additional guidance.
Attachments: Resolution and Exhibit A - Continuity of Operations / Continuity of Government Plan.
Page 89 of 167
RESOLUTION NO.____
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING THE CONTINUITY OF OPERATIONS (COOP) AND
CONTINUITY OF GOVERNMENT (COG) PLAN.
WHEREAS, the City of Port Orchard, led by the department directors and Mayor
developed a Continuity of Operations (“COOP”) and Continuity of Government (“COG”) Plan
(hereinafter, the “Plan”) to help the City maintain delivery of essential functions to the
residents of the City during and following an emergency or disaster; and
WHEREAS, the Plan was developed in accordance with the Federal Emergency
Management Agency (“FEMA”) guidance for non-federal entities; and
WHEREAS, the Plan takes an integrated approach to service delivery, decision making,
and resource management to facilitate the City’s ability to best serve the residents of Port
Orchard during and following an emergency or disaster; and
WHEREAS, the City Council desires to adopt the Plan on behalf of the City, and authorize
the Mayor to update the document overtime in accordance with changes in staffing and needs;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City Council hereby adopts the Continuity of Operations (COOP) and
Continuity of Government (COG) Plan, attached hereto as Exhibit A and incorporated
herein by reference, for the City of Port Orchard. The Mayor is hereby authorized and
directed to take the administrative steps necessary to ensure the successful implement
of the Plan. The Mayor may make updates to the Plan, without further Council
approval, when necessary due to changes in staffing and administrative needs, as
determined in the Mayor’s discretion.
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 14 day of April, 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 90 of 167
TBD 2020
CONTINUITY OF OPERATIONS
(COOP) &
CONTINUITY OF GOVERNMENT
(COG)
PLAN
CITY OF PORT ORCHARD, WA
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THIS PAGE LEFT INTENTIONALLY BLANK
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COOP/COG PLAN
CONFIDENTIAL FOR INTERNAL USE ONLY
This document contains confidential information which, if made public
or disclosed, could violate the personal or privacy interests of others or
compromise the security of essential equipment, services or systems of the
City of Port Orchard. The document is intended for internal City of Port
Orchard use only.
All or some portions of this document may be exempt from disclosure
under the Washington Public Records Act, Chapter 42.56 RCW, or the
Freedom of Information Act, United States Code §552, 41 Code of Federal
Regulations Part 105-60.
The City Attorney must be consulted prior to the release of any or all of
this document.
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PROMULGATION STATEMENT
This Continuity of Operations & Continuity of Government Plan (hereafter referred to as
the COOP Plan) was prepared to develop, implement and maintain viable continuity. This
COOP Plan was prepared in accordance with direction from Homeland Security Presidential
Directive 20, National Security Presidential Directive 51 and subsequent Continuity Guidance
Circulars 1 & 2 (CGC 1, 2). This plan supersedes any previous COOP Plan. This plan has been
distributed internally and with external agencies that might be affected by its implementation. It
will be reviewed annually. Recipients are requested to advise emergency management of any
changes which might result in its improvement or an increase in its usefulness.
Approved: _______________________________ Date: ____________
Robert Putaansuu, Mayor
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REVISION RECORD
It is the responsibility of the holder of the plan to ensure that all changes and updates are made.
The Plan Holder must:
• Remove and destroy obsolete pages
• Replace obsolete pages with the updated pages
REVISION RECORD
Date Affected Page
Numbers
Description of Changes
(Reason, Authorization, Approval)
All Initial distribution
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DISTRIBUTION LIST
Distribution of the full version of this COOP Plan, which may contain sensitive information, will
be restricted to essential personnel governed by a need-to-know basis.
All COOP Plans are considered internal decisional documents with national and domestic
security protections afforded under applicable U.S. statutes. Additionally, due to the inclusion of
personal information about City employees, this COOP Plan shall be protected by the Freedom
of Information Act, Exemption 3, 4, and 6.
DISTRIBUTION LIST
Plan Holder
1. City Council
2. South Kitsap Fire Rescue
3. Kitsap County Department of Emergency Management
4. State of WA Emergency Management Division
5. City of Bremerton
6. City of Gig Harbor
7. City of Poulsbo
8. Kitsap County
9.
10.
11.
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Table of Contents
1.0 Introduction……………………………………………………………………………………………………………………….8
1.1 Purpose…………………………………………………………………………………………………………………..9
1.2 Applicability and Scope……………………………………………………………………………………………9
1.3 Authorities and References……………………………………………………………………………………10
1.4 Planning Assumptions………………………………………………………………………………..………….10
1.5 Planning Responsibilities………………………………………………………………………………………..10
Table 1 (COOP/COG) Program Management
Team…………………………………………………11
2.0 Concept of Operations…………..………………………………………………………………………………………….13
2.1 Objectives…………………………………..………………………………………………………………………….13
2.2 Planning Considerations…………………………………………………………………………………………13
2.3 (COOP/COG)
Execution……………………………………………………………………………………………………13
3.0 Plan Implementation…..…………………………………………………………………………………………………….15
3.1 Time-Phased Implementation…………………………………………………………………………………15
3.1.1 Phase 1: Readiness and Preparation……………………………………………..………15
3.1.2 Phase 2: Relocation and Activation (0-12 hours)…………………………………...15
3.1.3 Phase 3: Continuity of Operations…………………………………………………………15
3.1.4 Phase 4: Reconstitution………………………………………………………………………..15
4.0 Essential Functions…………………………………………………………………………………………………………….17
Table 2 Essential Functions, Dependencies, and Recovery Time Objective…………………..18
5.0 Human Capital Management..…………………………………………………………………………………………..23
5.1 Employee Dismissal or Building Closure Procedures……………………………………………….23
5.2 Established Methods of Employee Communications………………………………………………23
5.3 Procedures for Making Media Announcements………………………………………………………23
5.4 Pay and Benefit Issues…………………………………………………………………………………………….23
6.0 Key Personnel………..………………………………………………………………………………………………………….23
Table 3 Key (COOP/COG)
Personnel………………………………………………………………………………………24
7.0 Orders of Succession………………………………………………………………………………………………………….27
Table 4 (COOP/COG) Orders of
Succession……………………………………………………………….…………..27
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8.0 Delegation of Authority…………………….………………………………………………………………………………28
9.0 Devolution of Direction and Control…….…………………………………………………………………………..29
Table 5 Devolution of Direction and Control…………………………………………………………………30
10.0 Vital Records and Databases…………………….…………………………………………………………………30
11.0 Vital Systems or Equipment…………………………….………………………………………………………….31
12.0 Critical Vendors……………..…………………………………………………………………………………………….31
13.0 Continuity Facilities……………..………………………………………………………………………………………31
13.1 Continuity Facilities – Logistics………………………………………………………………………….31
13.2 Continuity Facilities and Work Sites………………………………………………………………….31
13.3 Continuity Facilities Information……………………………………………………………………….32
Table 6 Continuity Facility………………………………………………………………………………32
14.0 Interoperable Communications……..……………………………………………………………………………32
Table 7 Interoperable Communications……………………………………………………………………….33
15.0 Maintaining (COOP/COG)
Readiness………………………………………..………………………………………….34
15.1 Training Plan…………………………………………………………………………………………………….34
15.2 Testing and Exercising the Plan…………………………………………………………………………34
15.3 Multi-Year Strategy and Program Management Plan……………………….……………….34
15.4 (COOP) Plan Maintenance…………………………………………………………………………………34
APPENDIX A: Threat and Hazard Identification and Risk Assessment…………………………………….36
ANNEX 1: CITY COUNCIL
ANNEX 2: MAYOR
ANNEX 3: CITY CLERK
ANNEX 4: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
ANNEX 5: FINANCE DEPARTMENT
ANNEX 6: HUMAN RESOURCES DEPARTMENT
ANNEX 7: LEGAL DEPARTMENT
ANNEX 8: MUNICIPAL COURT
ANNEX 9: PARKS AND RECREATION/OPERATIONS & MAINTENANCE DEPARTMENT
ANNEX 10: POLICE DEPARTMENT
ANNEX 11: PUBLIC WORKS DEPARTMENT
ANNEX 12: INFORMATION TECHNOLOGY
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1.0 INTRODUCTION
1.1 PURPOSE
This City of Port Orchard Continuity of Operations & Continuity of Government Plan (hereafter
referred to as the COOP Plan) establishes policy, guidance and a management framework to
establish operational procedures to sustain essential activities if normal operations are not
feasible in the event an emergency threatens or incapacitates operations, and the potential
relocation of selected personnel and functions is required. Specifically, this document is
designed to:
• Ensure the City is prepared to respond to emergencies, recover from them and mitigate
against their impacts
• Ensure the City is prepared to provide critical services in an environment that is
threatened, diminished, or incapacitated
• Provide timely direction, control, and coordination before, during, and after an event or
upon notification of a credible threat
• Establish and enact time-phased implementation procedures to activate various
components
• Facilitate the return to normal operating conditions as soon as practical, based on
circumstances and the threat environment
• Ensure the (COOP) is viable, operational and compliant with all guidance documents
• Ensure the (COOP) is fully capable of addressing all types of all hazards and ensures
mission-essential functions are able to continue with minimal or no disruptions during
large scale incidents.
The COOP Plan characteristics are:
• Capable of being maintained at a high level of readiness
• Capable of implementation with or without warning
• Able to achieve operational status no later than 12 hours after activation
• Designed to take maximum advantage of existing department infrastructures
• Designed to ensure citizens that when a disaster strikes, the City will continue critical
functions using available facilities, resources and personnel
Mission essential functions must be continued throughout or resumed rapidly after a disruption
of normal activities.
1.2 APPLICABILITY AND SCOPE
The COOP applies to all City departments and personnel. COOP activities may be initiated at
any time as determined necessary by City leadership. The COOP describes capabilities and
resources and establishes mission essential functions and responsibilities of departments,
employees, and policy makers. The scope does not apply to temporary disruptions of service
during short-term building evacuations or other situations where services are anticipated to be
restored quickly. The Mayor or designee will determine situations requiring implementation of
the COOP.
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The emergency conditions, events, and situations under which this COOP Plan would be
implemented include:
● A City facility is down but the rest of the facilities are functioning normally
● City facilities are down, and other critical services are down (e.g., electricity, water,
etc.)
● All facilities are compromised down due to natural causes and/or man-made events
(e.g., a terrorist or cyber-attack)
1.3 AUTHORITIES AND REFERENCES
This COOP Plan was written under the authority of and to support the implementation of
the following authorities and documents:
● Port Orchard Municipal Code Chapter 2.80, Emergency Management Organization
● Chapter RCW 38.52
● Chapter RCW 42.15
● Title 119-30 WAC
● City of Port Orchard Personnel Policy Manual
● City Comprehensive Emergency Management Plan, Dec. 2014
● Homeland Security Presidential Directive 20
● National Security Presidential Directive 51
● Federal Continuity Directives 1 and 2
● Continuity Guidance Circular 1
● Homeland Security Act of 2002, Pub. L. 107-296, 116 Stat. 2135
● U.S. Code Title 42, Chapter 68, Robert T. Stafford Disaster Relief and Emergency
Assistance Act P. L. 93-288, as amended by Public Law 107-136, January 24, 2002;
1.4 PLANNING ASSUMPTIONS
Planning assumptions for the City and its departments include:
• Because City assets and systems may be damaged, destroyed, or overwhelmed during
an extreme emergency, the City will make reasonable efforts to respond based on the
situation and the information and resources available at the time.
• During a disaster the combined expertise and cooperation of public safety, government
at all levels, the private sector, and nongovernmental organizations will be required.
• The City will retain the authority and responsibility for direction and control of their own
incident operations, use of resources and application of mutual aid.
• Incident management activities will be initiated and conducted using the principles
contained in the National Incident Management System.
• The City’s goal is to provide operational capability within 12 hours of the event and to
continue essential functions for at least 30 days or until termination of the event,
whichever is earlier.
• In an emergency, outside assistance could be interrupted or unavailable.
• Emergencies or threatened emergencies may adversely affect some department’s ability
to continue to support essential functions and to provide services to customers or
support to external agencies.
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1.5 PLANNING RESPONSIBILITIES
Responsibility for COOP planning resides with the Port Orchard Police Department. The Mayor
is ultimately responsible for the continuation of essential services in an emergency and,
consequently, for the related planning.
The Police Chief, as the Director of Emergency Management, has several COOP planning
responsibilities including, but not limited to, the following:
● Appointing a COOP Coordinator (EM Deputy Director)
● Developing a COOP Multi-Year Strategy and Program Management Plan
● Developing, approving, and maintaining COOP Plans
● Coordinating COOP planning efforts and initiatives with policies, plans, and
activities related to critical infrastructure protection
● Training city staff for their COOP responsibilities
● Participating in periodic COOP exercises
● Notifying appropriate outside parties (e.g., WA State EMD) when COOP Plans
are activated
The COOP Coordinator may delegate tasks but will continue to regularly monitor and be
updated on COOP efforts. There will be close coordination between the City Executive
Leadership and the team responsible for COOP planning.
Table 1 lists the designated positions and the responsibilities of the personnel who are
responsible for COOP planning.
Table 1 COOP Program Management Team
COOP PROGRAM MANAGEMENT TEAM
Name and Designated Position General Responsibilities
Mayor Approving authority of COOP Program.
Police Chief, Director of EM Back-up approving authority of the COOP Program
and direction as needed.
Asst. Chief, Deputy Director of EM
Serves as task manager for plan components and
procedure development. Also serves as a liaison
for team members preparing/writing COOP Plan
components and procedures. Solicits “buy-in” and
markets the COOP Program to the Executive
Leadership Team.
Monitors and administers compliance activities for
all identified essential functions, leadership
positions, and all associated authorities.
Emergency Management Coordinator
Develops the Multi-Year Strategy and Program for
Plan Maintenance; schedules and coordinates
training of all key personnel identified as “first
responders” for the department. Schedules,
coordinates, and documents the results (and
lessons learned) of the exercising and testing of the
COOP Plan to maintain viability. Establishes a
review cycle for the COOP Plan to maintain
readiness and currency.
Communications Manager/PIO
Responsible for disseminating accurate and
precise information to the public, managing media
contacts, and preparing press releases.
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COOP PROGRAM MANAGEMENT TEAM
Name and Designated Position General Responsibilities
Department Directors
Based on essential functions identified, order,
assemble and pre-position necessary resources,
documents, and equipment to ready emergency
operations site.
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2.0 CONCEPT OF OPERATIONS (CONOP)
2.1 OBJECTIVES
The objective of this COOP is to ensure a viable capability exists to continue essential
City functions across a wide range of potential emergencies, specifically when City
facilities are either threatened or inaccessible. The objectives of this document include:
• Ensure the continuous performance of mission essential functions during an emergency;
• Protect essential facilities, equipment, records and other assets;
• Reduce or mitigate disruptions to operations;
• Reduce loss of life, minimize damage and losses;
• Identify and designate principals and support staff to be relocated;
• Facilitate decision-making for execution of the Plan and the subsequent conduct of
operations; and
• Achieve a timely and orderly recovery from the emergency and resumption of full
services.
The City provides comprehensive governmental functions and services focused on the creation,
growth, and livelihood of critical infrastructure, economy, and community. Through inter- and
intra-departmental relationships, the City will strive to provide critical and/or essential functions
and services to ensure that lives, property, and economy are protected during and after a
natural, man-made, or technical disruption or disaster.
2.2 PLANNING CONSIDERATIONS AND ASSUMPTIONS
In accordance with state guidance and emergency management principles/best
practices, a viable COOP capability:
• Must be maintained at a high-level of readiness;
• Must be capable of implementation both with and without warning;
• Must be operational no later than 12 hours after activation;
• Must maintain sustained operations for up to 30 days; and
• Should take maximum advantage of existing state or federal and county
government infrastructures.
2.3 COOP EXECUTION
Emergencies, or potential emergencies, may affect the ability of the City to perform its
mission essential functions from its primary facilities (City Hall, Public Works Shops,
South Kitsap Water Reclamation Facility, & Police Dept.). The following are scenarios
that could mandate the activation of the COOP.
• The primary City facilities are closed to normal business activities as a result of an event
or credible threats of an event that would preclude access or use of the facilities and the
surrounding area.
• The primary City facilities are closed to normal business activities as a result of
widespread utility failure, natural disaster, significant hazardous material incident, civil
disturbance, terrorist or military attacks. Under this scenario there could be uncertainty
whether additional events such as secondary explosions, or cascading utility failures
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could occur.
In an event so severe that normal operations are interrupted, or if such an incident appears
imminent and it would be prudent to evacuate as a precaution, the Mayor or designee may
activate the COOP. A relevant alternate facility (see appendix) will be activated, if necessary, at
the discretion of the Mayor.
The Mayor or designee will gather at the alternate facility and will ensure the mission essential
functions are maintained and capable of being performed there until the assumption of full
operations is re-established at the primary facility(s).
The city will form a team of primary COOP personnel with the Emergency Response Planning
Group and the Executive Leadership Team.
This COOP team may be supplemented by other selected staff as determined by the Mayor.
The COOP team will serve as an initial relocation team for COOP activation or potential
activation. The COOP team will either relocate temporarily to an alternate facility, if necessary,
or operate remotely from a designated assembly site. The COOP team will be responsible to
continue the mission essential functions of the City of Port Orchard.
All staff necessary to perform the mission essential functions will need to be contacted and
advised to report to either the alternate facility, predetermined secure location, or other location
as determined by the Mayor. Clear instructions as to the actions necessary to be performed by
each of the staff should be predetermined.
It is possible that in some cases, the City of Port Orchard will receive a warning of at least a few
hours prior to an incident. Under these circumstances, the process of activation would normally
enable the partial, limited or full activation of the COOP with a complete and orderly alert,
notification of all personnel, and activation of the EOC.
In no warning events, the process becomes less routine, and potentially more serious and
difficult. The ability to execute the COOP following an incident that occurs with little or no
warning will depend on 1) the severity of the incident's impact on the physical facilities; 2)
whether City personnel are present in the affected facility or surrounding area and 3) the
necessity for an immediate evacuation.
Positive personnel accountability throughout all phases of emergencies, including COOP
activation, is of utmost concern, especially if the emergency occurs without warning. The City
has administrative plans for staff accountability using various methods via email, phone, and
messaging.
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3.0 PLAN IMPLEMENTATION
3.1 TIME-PHASED IMPLEMENTATION
In order to maximize the preservation of life and property in the event of any natural or
man-made disaster or threat, time-phased implementation may be applied. Time-
phased implementation is used to prepare and respond to current threat levels, to
anticipate escalation of those threat levels and, accordingly, plan for increased
response efforts and ultimately full COOP activation and potential facility relocation. The
extent to which time-phased implementation will be applied will depend upon the
emergency.
Phase 1: Readiness and Preparation
Readiness is the ability of each department or office to respond to a continuity incident or event.
Readiness is the ability of each department to respond to an incident or event requiring
utilization of the Continuity of Operations Plan. It also includes review and revision of
plans and tabletop exercises.
Phase 2: Relocation and Activation (0-12 hours)
During this phase the determination to transition to an alternate facility is made to
ensure minimal disruption to mission essential functions. The transition should be
completed within 12 hours of activation.
Phase 2 includes the following activities:
● The occurrence of an event or the threat of an event
● Review, analysis, and decision to activate the continuity plan
● Alert and notification of continuity personnel
● Relocation, if necessary, to continuity facilities
● An accountability analysis of COOP personnel
● Identification of available leadership
● Determination and reporting of operational capabilities
● Evaluation of facilities, and equipment
● Ensuring that mission essential functions with a recovery time of 12 hours or less
are reestablished
The decision process and procedures for physically activating the COOP Plan
encompass the following Incident Command System (ICS) functions, which are
consistent with the City’s Emergency Operations Plan:
● Incident Command — Determine objectives and establish priorities based on the
nature of the incident
● Planning Section — Develop the Incident Action Plan (IAP) to accomplish these
objectives; collect and evaluate information and maintain status of assigned
resources
● Operations Section — Develop the tactical organization and direct all resources
to carry out the incident action plan
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● Logistics Section — Provide resources and all other services needed for support,
including transportation, food and lodging requirements
● Finance/Administrative Section — Monitor costs related to the incident, providing
cost analysis and overall fiscal guidance to include procurement and time
recording
● Legal - Provide guidance on the legal and liability implications with COOP and
Continuity of Government Plan activation
Phase 3: Continuity of Operations
This phase includes the following activities to continue essential functions:
● Account for all city personnel
● Conduct essential functions (which depend on the situation)
● Establish communications with supporting departments/agencies/municipality
● Conduct recovery activities as needed, coordinated through the EOC and/or
other departments with the required personnel expertise, (e.g. Port Orchard
Police Department, Public Works.), etc.
Plans or procedures include:
● Guidance for non-essential COOP personnel
● Identification of replacement personnel and augmenters, as necessary
● Execution of all mission essential functions at the alternate facility
● Activation of processes and procedures to acquire the resources necessary to
continue mission essential functions
● Communication with the community of status of events
● Redeployment plans for phasing down continuity facility operations and returning
essential functions, personnel, records, and equipment to the primary or other
operating facility.
Phase 4: Reconstitution
Reconstitution is conducted using a priority-based, phased approach. All
personnel will be informed that the necessity for COOP no longer exists.
Instructions for resumption of normal operations include supervising an orderly
return to the normal operating facility, moving to another temporary facility, or
moving to a new permanent facility. The process of reconstitution will generally
start immediately after an event concludes and can run concurrently with the
recovery process. Some of the activities involved with reconstitution include, but
are not limited to:
● Assessing the status of affected facilities with the appropriate department and
personnel
● Determining how much time is needed to repair the affected facility and/or to
acquire a new facility
● Supervising facility repairs with the appropriate department and personnel
● Notifying decision makers of the status of repairs, including estimates of when
the repairs will be completed
● Implementing a priority-based, phased approach to reconstitution
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There will be an after action review of the effectiveness of COOP Plans and procedures
as soon as possible, including an identification of aspects of the plans and procedures
that need to be corrected, followed by lessons learned and the development of a
Corrective Action Plan (CAP). A CAP is the plan of action and schedule for correcting a
process or procedure, thus eliminating the causes of an identified problem from
recurring.
4.0 ESSENTIAL FUNCTIONS
The City has identified the essential functions that enable it to provide vital services, exercise
civil authority, maintain the safety and well-being of the general population, and sustain the
industrial and economic base in an emergency. Essential functions provide the basis for COOP
planning. Any task not deemed mission essential is deferred until additional personnel, time, or
resources become available.
Essential functions are prioritized according to those activities that are pivotal to resuming
operations when a catastrophic event occurs. Prioritization is determined by the following:
● Urgency of each essential function
● Sequence for recovery of essential functions and their critical processes
Note: An essential function’s urgency is related to the amount of time the function can be
suspended before it adversely affects the community. Urgency can be measured by either
Recovery Time Objectives (RTO) or Recovery Point Objectives (RPO). The Recovery Point
Objective (RPO) is more specific to information systems. It is the amount of data that can be lost
measured by a time index. Not all processes have RPOs, and some processes can have both
an RPO and an RTO.
Essential functions and their supporting processes and services are intricately connected. Each
essential function has unique characteristics and resource requirements, without which the
function could not be sustained. Those processes and services that are necessary to assure
continuance of an essential function are considered critical. Often, the processes and services
deemed critical vary depending upon the emergency or if they have a time or calendar
component.
Table 2 is a prioritized order of the essential functions within the city’s departments. For each
essential function listed, their critical dependencies (supportive processes or services) are
provided.
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Table 2 Essential Functions, Dependencies and Recovery Time Objective
ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Priority Essential Function Critical Steps Supporting
Department(s)
Recovery
Time
Objective
(RTO)
1.
CITY COUNCIL
• Provide policy
direction to the
Mayor
• Consider and
approve
resolutions,
proclamations,
laws, and other
legislative
decisions
• Hold City Council
meetings to take
action as needed.
• Provide policy
direction to the
Manager as needed.
• Keep records of
meetings and
actions.
• Ratify an emergency
● Mayor
● Legal
● City Clerk
12 hours
2.
MAYOR
• Administer and
direct all City
personnel
• Manage overall
City operations
• Inform elected
officials and
seek their
direction
• Develop and
administer
emergency
management plan
• Proclaim an
emergency
• Notify Council of
situation and actions
as soon as is
practical
• Determine level of
emergency and
staffing necessary to
respond
• Retain records of
actions taken
• Call special
meeting(s) of City
Council as needed
• Determine need for
alternate location for
City Hall operations
● All
2 hours
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ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Priority Essential Function Critical Steps Supporting
Department(s)
Recovery
Time
Objective
(RTO)
3.
CITY CLERK
• Provide
legislative
support to the
City Council
• Maintains all
official City
records and the
municipal code
• Oversees the
City’s records
management
program
• Oversees the
City’s Public
Records
Requests
• Notify City Council of
emergency special
meetings
• Manage and keep
record of actions
taken by the Council
(24-hr meeting
notice not required)
• Assist with
restoration and
protection of
essential records
• Manage civil claims
against the City
● Mayor
● Legal
12 hours
4.
COMMUNITY
DEVELOPMENT
• Ensure the
health and
safety of the city
through
enforcement of
applicable
building or
environmental
laws
• Provide long
range planning
services
• Ensure
businesses are
operating
properly and
within state and
local codes
• Perform building
inspections and
identify hazardous
structures
• Coordination of
inspections
• Issuance of notices
and orders for
compliance
purposes
• Issuance of
emergency measure
orders
• Assist public
institutions
● City Council
● Legal
● Police
Department
6 hours
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ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Priority Essential Function Critical Steps Supporting
Department(s)
Recovery
Time
Objective
(RTO)
5.
FINANCE
• General
accounting for
the City
• Payroll
• Accounts
Payable
• Utility Billing
• Receipting and
Cash
Management
● Internal Control of
Assets and Cash
● Payroll
● Accounts Payable, Bill
Paying
● Tracking Expenditures
● All
Immediately
for Police
and EOC
Critical Steps
12 hours for
remaining
Critical Steps
6.
HUMAN
RESOURCES
• Manage
employee
relations
• Safety and risk
management
• Employee
benefits
• Volunteer
management
● Track and report status
of all employees
● Activate
employee/family
assistance center
● Investigate and
document all employee
injuries
● Coordinate the
Employee Assistance
Program (EAP) to
assist employees
● Finance
● Legal
● All
24 hours
7.
LEGAL
● Provide legal
advice to
decision-makers
● Draft policies,
procedures,
proclamations,
laws
● Review contracts
and legal
agreements
● Draft emergency legal
documents for City
Council review
● Provide legal advice
and review for City
emergency operations
● Review emergency
contracts with vendors
● Mayor
● City Clerk
● Community
Development
12 hours
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ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Priority Essential Function Critical Steps Supporting
Department(s)
Recovery
Time
Objective
(RTO)
8.
MUNICIPAL
COURT
● Preside over
essential
authorized cases
● Conduct hearings
and court
proceedings as
necessary
● Coordinate staff and
judges to process
newly arrested
defendants w/in 24-48
hours
● Review all pending
matters w/in 7-30 days
● Notify public of courts
status as soon as
possible
● Prosecuting
Attorney’s Office
● City-contracted
Public Defense
● Police
● Finance
12 hours
9.
POLICE
● Coordinate all
Emergency
Management
functions
● Provide public
safety and
emergency
response
● Provide security
for public facilities
and critical
infrastructure
● Manage the EOC
● Respond to and
resolve emergencies
and public safety
incidents within the
city
● Provide security at city
facilities and critical
infrastructure
● Intelligence
gathering/sharing,
● Investigations
● City Council
● Mayor
● Legal
● Finance
● Municipal Court
2 hours
10.
PUBLIC WORKS
ENGINEERING
● Restore and
maintain City
infrastructure
including potable
water, sanitary
sewer, streets,
bridges, storm
drainage
systems, and
traffic control
systems
● Coordinate repairs of
street & bridge
systems
● Coordinate repairs
with water & sewer
utilities
● Restore and maintain
City facilities
● Correct storm water
flooding issues
● Provide engineering
services to City staff
● Police
● Parks &
Recreation
● Finance/IT
● Community
Development
● WSDOT
● WSUD
● COB
12 hours –
30 days
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ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Priority Essential Function Critical Steps Supporting
Department(s)
Recovery
Time
Objective
(RTO)
11. INFORMATION
TECHNOLOGY
• Provide
Information
&Technology
(IT) services
to City staff
• Technology
maintenance –
email, intranet,
Finance
programs, Police
CAD programs,
phone
maintenance
• All
Immediately
for Police
and EOC
critical steps
12 hours for
remaining
critical steps
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5.0 HUMAN CAPITAL MANAGEMENT
5.1 Employee Dismissal or Building Closure Procedures
The Mayor or designee will decide if employees can be dismissed to go home. COOP
team member will remain at designated work site. Emergency Response Planning
Group staff may be needed to activate the Emergency Operations Center (EOC) if
feasible.
5.2 Established Methods of Employee Communications
Communication is maintained via email, cellular phones, radios, ham radios, and linkage
to multiple agencies including KCDEM & the military.
5.3 Procedures for Making Media Announcements
The City Clerk is responsible for all traditional and social media announcements.
Announcements may also be made by the Public Information Officer in the EOC
or at the alternate facility site if one is utilized.
5.4 Pay and Benefit Issues
The Mayor and Finance Director will determine all pay and benefit issues for
department employees.
6.0 KEY PERSONNEL
All City personnel are considered essential; however, each essential function has associated
key personnel and positions that are necessary to the COOP. They represent strategically vital
points in management and authority and underscore the essential functions of the departments
that must be carried out. If these positions are left unattended, the City may be unable to meet
customer needs or fulfill its essential functions.
Table 3 lists the key personnel that perform essential COOP functions, including supporting
process and procedures. Also provided are the key personnel's current title and their role once
operating under the COOP Plan.
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Table 3 Key COOP Personnel
Role/Section Title Location
Policy Mayor City Hall
Policy City Attorney City Hall
Policy Mayor Pro Tempore City Hall
EOC IC Police Chief Police
EOC IC Deputy Chief of Police Police
IC Support Office Manager Police
EOC Deputy IC TBD TBD
EOC Manager Operations Manager City Hall or Public Works Shop
PIO City Clerk City Hall
PIO TBD TBD
Liaison TBD TBD
Operations Chief Sergeant Police
Operations Chief Sergeant Police
Operations Section Public Works Director /
City Engineer
City Hall
Operations Section TBD TBD
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Role/Section Title Location
Planning Section
Chief
Community Development
Director
City Hall
Planning Section
Chief
Sergeant Police
Planning Section TBD TBD
Planning Section
Planning Section
Planning
Section/GIS
TBD TBD
Planning Section
Support
Logistics Section
Chief
IT Manager City Hall
Logistics Section
Chief
Logistics Section TBD TBD
Logistics Section IT TBD TBD
Logistics Section TBD TBD
Logistics Section TBD TBD
Logistics Section IT TBD TBD
Logistics Section
HR
Human Resources
Coordinator
City Hall
Finance Section
Chief
Finance Director City Hall
Finance Section TBD TBD
Finance Section TBD TBD
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Role/Section Title Location
EOC Support Records/Evidence
Specialist
Police
EOC Support Records/Evidence
Specialist
Police
EOC Support Records/Evidence
Specialist
Police
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7.0 ORDERS OF SUCCESSION
If the Mayor, Council Members, or Department Heads are unavailable during an emergency, the
City has and established Orders of Succession and when appropriate Delegations of Authority
to support continuation of City government. The City recognizes the importance of leadership in
the delivery of essential functions and thus has identified the following Order of Succession,
based on position, to support operations during and emergency or disaster.
Table 4 COOP Orders of Succession
Essential Function Order of Succession
Mayor
1. Mayor
2. Mayor Pro Tempore
3. Councilmember chosen by council in
absence of the above
4. Police Chief
Essential Function Order of Succession
City Clerk 1. City Clerk
2. Deputy City Clerk
Essential Function Order of Succession
Department of Community
Development Director
1. DCD Director
2. Building Inspector
3. Code Enforcement Officer
Essential Function Order of Succession
Finance Director 1. Finance Director
2. Assistant Finance Director
3. Accounting Assistant II
Essential Function Order of Succession
Human Resources Coordinator 1. HR Coordinator
2. Finance Director
Essential Function Order of Succession
City Attorney 1. City Attorney
2. Deputy City Attorney
Essential Function Order of Succession
Court Administrator 1. Court Administrator
2. Lead Court Clerk
3. Court Clerk
Judge 1. Presiding Judge
2. Judge Pro tem, including Kitsap
District Court judges
3. Appointed Judge
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Essential Function Order of Succession
Police Chief/
Emergency Management Director
1. Police Chief
2. Deputy Chief of Police
3. Designated Sergeant
4. Designated Sergeant
Essential Function Order of Succession
Public Works Director / City Engineer 1. Public Works Director / City Engineer
2. Assistant City Engineer
3. Utility Manager
4. Operations Manager
Essential Function Order of Succession
Information Technology Manager 1. IT Manager
2. IT Specialist / Finance Clerk
3. Assistant Director of Finance
4. Seitel Systems (outside consultant)
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8.0 DELEGATION OF AUTHORITY
Should a primary position incumbent be unable to serve, a delegation may be implemented.
The types of authority that are addressed are emergency authority and administrative authority
Emergency Authority refers to the ability to make decisions related to an emergency, such as
deciding whether to activate a COOP Plan, deciding whether to evacuate a building, or
determining which personnel should report for their duties.
Administrative Authority refers to the ability to make decisions that have effects beyond the
duration of the emergency. Unlike emergency authority, administrative authority does not have a
built-in expiration date. Such decisions involve policy determinations and include hiring and
dismissal of employees and allocation of fiscal and non-monetary resources.
A successor’s authority is either full or limited.
Full – Successor will assume full responsibility for essential function(s) during a COOP event.
Limited – Successor will assume limited responsibility for essential function(s) during a COOP
event. If a successor’s responsibility is limited the limitations need to be defined.
All positions that may have to delegate authority are as follows:
• Mayor
• Mayor Pro Tempore
• Police Chief
• Deputy Chief of Police
• Public Works Director/City Engineer
• Public Works Operations Manager
• Community Development Director
• Finance Director
All successors will have full emergency authority if delegation should occur. Such a
delegation can be triggered by the activation of the COOP or if the incumbent is
unavailable. Procedures to be utilized for delegating authority are either face to face,
through a phone call or a text. The delegation of authority will be for the duration of a
COOP activation or incident or until a successor is appointed.
9.0 DEVOLUTION OF DIRECTION AND CONTROL
Devolution planning supports overall COOP planning and addresses catastrophic and other
disasters or events that render leadership and staff unavailable to, or incapable of, supporting
the execution of its essential functions from either its primary or continuity location(s).
In Table 4, the department that each essential function will be transferred to is identified.
In addition, the following information is also provided:
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Continuity of Operations Plan FOUO 4/10/2020
● Trigger points for each essential function that are used to define a devolution event
● Equipment and supplies that will be needed for a specific essential function, if feasible
and/or applicable
● Procedures for acquiring supplies that will be needed to maintain essential functions, if
feasible and/or applicable
● Triggering events that will signal reconstitution of essential functions back to their
originating department
Table 5 Devolution of Direction and Control
Essential
Function
Department
or Agency to
Transfer
Essential
Function
Trigger for
Devolution
Equipment
and
Supplies
Needed
Procedures
for
Acquiring
Supplies
Trigger for
Reconstitution
City
Departments
Management
Incident
Management
Team, WA
State
Incapacitation On Premises Credit Cards
Purchase
Orders,
Established
Accounts
Recovery
Police
Department
Kitsap Co.
Sheriff, WA
State Patrol
Incapacitation On Premises Credit Cards
Purchase
Orders,
Established
Accounts
Recovery
10.0 VITAL RECORDS AND DATABASES
COOP Plans account for identification and protection of vital records and databases (including
classified or sensitive data) that are needed to perform essential functions and activities and to
reconstitute normal operations following an emergency. Each department has identified vital
records and/or databases that are needed to support the maintenance of the essential
functions. In addition, the following information is also provided:
● Current status of the vital record(s) or database
● Whether the vital record(s) or database is pre-positioned at or is to be hand carried to
the continuity facility
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11.0 VITAL SYSTEMS AND EQUIPMENT
A system or equipment is vital if it is essential to emergency operations and/or to the
continuance of essential functions during a crisis for a minimum of thirty days. COOP planning
for vital systems and equipment proceeds in the same way as planning for vital records, (i.e., to
the greatest extent possible, back-up electronic systems, pre-position duplicate systems and
equipment at a separate facility, and update vital systems and equipment on a regular basis.)
Each department has identified the system and equipment that are essential to the continued
function of the department and its mission, as well as:
● Current status of the system and equipment (stand-alone or stored on the network)
● Whether the system and equipment are pre-positioned at the continuity facility
● Whether the system and equipment will be hand carried to the continuity facility
● The specific current location of the system and equipment
12.0 CRITICAL VENDORS
Each essential function and its supporting dependencies, processes, and services that are
necessary to assure continuance may have critical vendors. All departments have identified
their critical vendors.
13.0 CONTINUITY FACILITIES
Emergencies or potential emergencies, whether anticipated or unanticipated, may affect the
ability to perform mission-essential functions from the primary locations.
13.1 Continuity Facilities – Logistics
Transportation, Lodging, and Food
In the event the city must move to a continuity facility, the needs of staff operating at the
facility must be met. This includes provision for logistical support and lodging through
arrangement with vendors for transportation, hotels, catering, etc.
Security and Access
Not only does the continuity work site need to be identified and the care of staff
arranged, but the security of and access to both the primary and continuity facilities
during emergency and non-emergency situations also need to be arranged. The security
procedures should accommodate all hazards and include provisions for identifying
access restrictions.
13.2 Continuity Facilities and Work Sites
The continuity facility and work site allow the department’s key personnel to perform
essential functions when an emergency renders the primary facility unusable.
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13.3 Continuity Facilities Information
Table 6 lists the requirements for each essential function at the continuity facility and
work site. In addition, the following information is also provided:
● Essential functions to be performed at each continuity facility and work site
● Number of employees needed at the continuity facility
● Logistical support requirements
● Resource and infrastructure requirements
Table 6 Continuity Facility
CONTINUITY FACILITY
Essential
Function Continuity Facility
(Name & Address)
Number of
Employees
Required
Logistical
Supports
Required
Resources and
Infrastructure
Required
Emergency
response
(PW & Police)
KCSO Mobile Command
Center if available
4-5 Established Established
Emergency
Operations Center
1. Station 31
200 Tremont
St. Port
Orchard
2. KCDEM
911 Carver St.,
Bremerton
15 Phone Support
Technology
Radios
Established
14.0 INTEROPERABLE COMMUNICATIONS
The city strives to maintain communications capabilities commensurate with the city’s essential
functions at all times. The COOP Plan facilitates communication between the department’s
Point of Contact COOP Program Management Team, management, and department personnel
and provides for communication with other departments or agencies, as well as emergency
personnel. The plan also provides a means for notifying the community of the relocation and
procedures for contacting the departments and conduction of business in an emergency.
Interoperable communications provide the following:
● Communications capability that adequately supports the city’s essential functions and
activities
● Ability to communicate with COOP contingency staff, management, and other
organizational components
● Ability to communicate with other agencies and with emergency personnel
● Access to other data and systems necessary to conduct essential activities and
functions
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Table 7 lists:
● The current service’s provider along with the representative’s name and contact
information
● An alternate service provider if primary source becomes unavailable
● Alternate methods or modes of communication if primary and alternate sources are
unavailable
Table 7 Interoperable Communications
INTEROPERABLE COMMUNICATIONS
Communication
System Needed in
Continuity Facilities
Current Provider Alternative
Provider
Alternative
Mode 1
Alternative
Mode 2
Voice Line Wave Broadband Cell phones
Fax Lines Granite/Century Link
Data Lines / Network
Connectivity
Kitsap County Wave
Broadband
Cell Phones Verizon
E-mail Microsoft (Office
365) Exchange
Various
personal email
providers
Internet Access Kitsap County
Text Messaging Verizon Various
personal email
providers
Radio Communication
Systems
Kitsap-911
VHF
Mobile Command
Centers
Kitsap County
Sheriff’s Office Other Kitsap
County
Resources
(KCSO, BPD,
PPD)
Satellite Phone
Personal Cell Phones Standard
providers/varies by
individual
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15.0 MAINTAINING COOP READINESS
Major components of the maintenance program are the training of personnel in the performance
of their COOP responsibilities; the conducting of periodic exercises to test and improve COOP
Plans and procedures, systems, and equipment; and the institution of a multi-year process to
ensure that the plan continues to be updated in response to changing conditions.
15.1 Training Plan
All personnel who will be involved in COOP activities will be trained and equipped to
perform their emergency duties. Consideration will be given to “cross-training” team
members to ensure that the team is prepared to deal with the unusual demands that
may arise when emergency conditions must be faced by a reduced staff. COOP training
will include the following:
● Individual and team training of COOP Team members and emergency personnel
to ensure currency of knowledge and integration of skills necessary to implement
the COOP Plan and carry out essential functions; team training will be conducted
at least annually to ensure that COOP Team members are current on their
respective COOP responsibilities
● Refresher orientation for the COOP Team as it arrives at a continuity operating
facility; the orientation will cover the support and services available at the facility,
including communications and information systems, and administrative matters,
including supervision, security, and personnel policies
● Training courses and materials designed to improve knowledge and skills related
to carrying out COOP responsibilities
15.2 Testing and Exercising the Plan
Testing and exercising of COOP capabilities are essential to demonstrate and improve
the ability of the department to execute its COOP Plan. They serve to validate, or identify
for subsequent correction, specific aspects of COOP Plans, policies, procedures,
systems, and facilities.
Scope of Exercises
An effective program will include a variety of exercise types, including tabletops, drills,
and full-scale exercises. Full-scale exercises will simulate actual emergency conditions,
and exercises may include the phase-down of continuity facility operations and return to
normal operations. Following an exercise, a comprehensive debriefing and after-action
report will be completed.
The City will conduct COOP awareness campaigns and seminars throughout the fiscal
year. The City acting as the facilitator, will also conduct the following exercises:
● Year 1: Workshop
● Year 2: Tabletop
● Year 3: Functional
● Year 4: Full Scale
Each annual exercise will build upon the previous year’s exercise, resulting in a full-scale
exercise. Emergency management will facilitate the After Action Report (AAR) meeting
and publish the AAR.
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Continuity of Operations Plan FOUO
Exercise Schedule
Testing and exercise plans for COOP will include:
● Internal testing/exercising of COOP Plans and procedures
● Testing of alert and notification procedures and systems for any type of
emergency at least quarterly
● Joint agency exercising of COOP Plans, where applicable and feasible
15.3 Multi-Year Strategy and Program Management Plan
It’s effective to maintain COOP capabilities using a multi-year strategy and program
management plan. Such a management plan outlines the process(es) to be followed in
designating essential functions and resources, forecasts budgetary requirements,
anticipates and addresses issues and potential obstacles, and establishes planning
milestones.
15.4 COOP Plan Maintenance
The plan will be reviewed and updated at least every two years, or whenever necessary,
to reflect changes in essential functions, procedures, or contact information. Changes to
the plan will be noted in the Revision Record provided in the Foreword. The COOP
Program Management Team (Table 1) is responsible for ensuring that the plan is
reviewed and updated.
The COOP Program Management Team is also responsible for the following:
● Addressing and resolving COOP Plan policy issues
● Advising the Executive Leadership Team on COOP-related matters
● Coordinating among related plans
● Conducting training, testing, and exercises
● Updating plans to incorporate lessons learned from testing and exercises as well
as any actual events that occurred during the year
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APPENDIX A: THREAT AND HAZARD IDENTIFICATION AND
RISK ASSESMENT
Vulnerability Assessment
RISK / VULNERABILITY ASSESSMENT
Priority Hazards
Probability
of
Occurrence
Capabilities/Resources/
Mitigation Efforts
Essential
Functions
Affected
Risk
% Overall
Impact
1. Severe Storms High ● Additional snow
capable vehicles,
deicer fluid, trained
employees, road
closures
● Trim trees, build
natural wind barriers
Emergency
services,
employees,
utilities,
hospitals
TBD Citizens
unable to
move around
town safely,
possible roof
collapse,
injuries
2. Flooding Medium ● Land-use
management,
improved storm water
discharge systems
Emergency
services,
utilities,
employees
TBD Citizens
unable to
move around
town safely,
contaminated
drinking water,
water-borne
disease
3. Land shifts Medium ● Hardening of
infrastructure, all
resources available will
be necessary
Roads,
airports,
emergency
services,
utilities,
hospitals
TBD Mass
casualties,
economy,
housing, lack
of water &
food
4. Hazardous
Materials spill
Medium ● Protection of HazMat
facilities, HazMat
teams and equipment,
detailed response
plans and evacuation
routes
Emergency
services,
citizens,
hospitals,
ecology
TBD Evacuations,
contamination,
health, clean
up
5. Communication
Failure
Moderate ● Harden infrastructure,
redundant systems
Emergency
services,
citizens,
hospitals, all
facilities
within the city
TBD Potential for
deaths, other
utility outages,
terrorism
6. Aircraft
Accident
Low ● Move citizens out of
flight path Emergency
services,
military,
utilities,
citizens,
hospitals
TBD Loss of life,
evacuations
7. Pandemic Low ● PPE, training, EOC
management Emergency
services,
employees,
hospitals
TBD Loss of life,
contamination,
economy
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ANNEX 1: CITY COUNCIL
Introduction
During a Continuity of Operations COOP scenario, the Port Orchard City Council (City
Council) has a role in the City of Port Orchard (City) leadership, legislation, and
outreach functions. The City Council provides direction and support to the incident
through legislative actions and interjurisdictional interactions. The City Council is flexible
and adaptable and has limited resource requirements to perform essential functions.
Essential Functions
Essential functions for the City Council during a COOP incident include leadership,
legislation, and outreach to other jurisdictions and the public. Below is a high-level
summary for each function.
ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Essential Function Critical Steps Supporting
Department(s) Recovery Time
Objective (RTO)
CITY COUNCIL
• Provide
direction to the
Mayor
• Consider and
approve
resolutions,
proclamations,
laws, and other
legislative
decisions
• Hold City
Council
meetings to
take action as
needed.
• Provide policy
direction to the
Manager as
needed.
• Keep records
of meetings
and actions.
● Mayor
● Legal
● City Clerk
12 hours
Key Personnel
In the event of a COOP scenario, the City Council performs essential leadership,
legislative and outreach functions. The City Council performs such essential functions in
part by taking formal action through the affirmative vote of a majority of the entire
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membership of the City Council. In matters not requiring formal action, the City Council
is represented by its Mayor or, in the absence of the Mayor, by its Mayor Pro Tempore.
In the absence of both the Mayor and the Mayor Pro Tempore, the City Council is
represented by a Councilmember chosen by the affirmative vote of the membership of
the City Council.
Department Relocation
Incident impacts and operational needs will dictate the safe options for relocation;
therefore, the City Council does not have a designated alternate location. The City
Council location serves as the seat of government so whenever possible, the City
Council will remain at City Hall. If there is a requirement to relocate, efforts will be made
to remain within the city limits and near the Mayor’s Office, wherever then located, and
the Emergency Operations Center.
Communications
The City Council does not have any unique communication requirements, but does rely
heavily on internet connectivity, computers and other normal operational systems. The
intent is to use normal operational systems, or as many of them as are possible,
including but not limited to desk phones, cell phones, Outlook email, and text
messaging for communication during a COOP scenario.
Vital Records, Files, and Databases
The City Council has identified vital records to include documents representing Council
procedures, decisions, and actions related to City operations. Council files are
maintained by the City Clerk.
Critical Systems
Access to the intranet and internet is not necessary but desired to support the City
Council essential functions.
Critical Equipment
The City Council does not have any specific critical equipment requirements for the
delivery of essential functions. It is preferred that access to computer resources and the
internet are available but are not required.
External Contacts
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The City Council is not dependent on external agencies for delivery of essential
functions. However, the City Council does acknowledge the support jurisdictional
partners at local, state, and federal levels of government and private entities can
provide and intends to engage with these agencies and entities as appropriate.
Return to Operations
The City Council will have continual, but possibly limited, operations during a COOP
incident. Return to operations includes the relocation back to the original facility or a
new facility in the City Council is working from an alternate location. The City Council
will resume normal business activities, in addition to any incident or COOP activities, as
able based on resource availability.
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ANNEX 2: MAYOR
Introduction
During a Continuity of Operations COOP scenario, the Mayor is responsible for the
overall incident management, City of Port Orchard (“City”) leadership, public
information, and intergovernmental relations. The Mayor provides direction and
guidance and thus is flexible and adaptable and has limited resource requirements to
perform essential functions.
Essential Functions
Essential functions of the Mayor during a COOP incident include managing overall city
operations, informing elected officials, and intergovernmental relations. Below is a high-
level summary for each function.
ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Essential Function Critical Steps Supporting
Department(s) Recovery Time
Objective (RTO)
MAYOR
• Lead and direct
all City
personnel
• Manage overall
City operations
• Inform elected
officials and seek
their direction
• Develop and
administer emergency
management plan
• Proclaim an
emergency
• Notify Council of
situation and actions
as soon as is practical
• Determine level of
emergency and
staffing necessary to
respond
• Retain records of
actions taken
• Call special meeting(s)
of City Council as
needed
• Determine need for
alternate location for
City Hall operations
All
2 hours
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Key Personnel
The Mayor has established the following order of succession for his position:
Essential Function Order of Succession
Mayor 1. Mayor
2. Mayor Pro Tempore
3. Councilmember chosen by council in
absence of the above
4. Police Chief
Department Relocation
Incident impacts and operational needs will dictate the safe options for relocation.
However, the primary relocation site shall be at the Emergency Operations Center.
Communications
The Mayor does not have any unique communication requirements, but does rely
heavily on internet connectivity, computers and normal operational systems. The intent
is to use normal operational systems, or as many of them as are possible, including but
not limited to desk phones, cell phones, Outlook email, and text messaging for
communications during a COOP scenario.
Vital Records, Files, and Databases
The Mayor has identified vital records to include contact lists for internal and external
leaders and documents generated by City Council actions. These are maintained
primarily with the City Clerk and on City IT systems.
Critical Systems
The Mayor has identified critical systems to support essential functions as the intranet
and internet, specifically those related to public information digital media tools, such as
website content management and Facebook.
Critical Equipment
The Mayor has identified communication resources as critical to support essential
functions. These resources include but are not limited to mobile phones, computers,
and printers.
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External Contacts
The Mayor is not dependent on external agencies for delivery of essential functions.
However, the Mayor does acknowledge the support partners at local, state, and federal
levels of government can provide and intends to engage with these agencies, as
appropriate.
Return to Operations
The Mayor will have continual, but possibly limited, operations during a COOP incident.
Return to operations includes the relocation back to the original facility or a new facility if
the Mayor is working from an alternate location. The Mayor will resume normal business
activities, in addition to any incident or COOP activities, as able based on resources
available.
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ANNEX 3: CITY CLERK
Introduction
During a Continuity of Operations COOP scenario, the City Clerk is responsible for
providing legislative support to the City Council, risk management, and
maintaining/preserving all official records and the municipal code for the City of Port
Orchard (“City”).
Essential Functions
Essential functions of the City Clerk during a COOP incident include providing
legislative support to the City Council and maintaining/preserving all official City records.
Below is a high-level summary for each function.
ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Essential Function Critical Steps Supporting
Department(s) Recovery Time
Objective (RTO)
CITY CLERK
• Provide
legislative
support to the
City Council
• Maintains all
official City
records and the
municipal code
• Oversees the
City’s records
management
program
• Oversees the
City’s Public
Records
Requests
• Notify City
Council of
emergency
special
meetings
• Manage and
keep record of
actions taken
by the Council
(24-hr meeting
notice not
required)
• Assist with
restoration and
protection of
essential
records
• Manage civil
claims against
the City
● Mayor
● Legal
12 hours
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Key Personnel
The City Clerk has established the following order of succession for his position:
Essential Function Order of Succession
City Clerk 1. City Clerk
2. Deputy City Clerk
Department Relocation
Incident impacts and operational needs will dictate the safe options for relocation,
however, whenever possible, the City Clerk will relocate within the city limits and near
the Mayor’s Office and City Council locations.
Communications
The City Clerk does not have any unique communication requirements, but does rely
heavily on internet connectivity, computers and other normal operational systems. The
intent is to use normal operational systems, or as many of them as are possible,
including but not limited to desk phones, cell phones, Outlook email, and text
messaging for communication during a COOP scenario.
Vital Records, Files, and Databases
The City Clerk has identified vital records to include documents generated by City
Council actions, contracts, and the Municipal Code.
Critical Systems
The City Clerk has identified the need to access the City IT system as well as non-
electronic files stored at City Hall as a critical system necessary to perform essential
function tasks.
Critical Equipment
The City Clerk has identified technology resources as critical to support essential
function tasks. These resources include but are not limited to telephones, computers,
and printers.
External Contacts
The City Clerk is not dependent on external agencies for delivery of essential functions.
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Return to Operations
The City Clerk will have continual, but possibly limited, operations during a COOP
incident. Return to operations includes the relocation back to the original facility or a
new facility if the City Clerk is working from an alternate site. The City Clerk will resume
normal business activities, in addition to incident, COOP, or recovery activities, as able
based on resources.
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ANNEX 4: COMMUNITY DEVELOPMENT
Introduction
During a Continuity of Operations COOP scenario, the Department of Community
Development (DCD) is responsible for performing emergency building inspections within
city boundaries in support of incident and COOP operations. The DCD will perform this
essential function in coordination with the Emergency Operations Center and as
infrastructure, such as roadways, allow movement to sites.
Essential Functions
The essential function of the DCD during a (COOP) incident is to perform emergency
building inspection of structures for potential or identified use for incident operations,
(COOP) activities, or community needs. Below is a high-level summary for each
function.
ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Essential Function Critical Steps Supporting
Department(s) Recovery Time
Objective (RTO)
COMMUNITY
DEVELOPMENT
• Ensure the
health and
safety of the
city through
enforcement of
applicable
building or
environmental
laws
• Provide long
range planning
services
• Ensure
businesses are
operating
properly and
within state and
local codes
• Perform
building
inspections and
identify
hazardous
structures
• Coordination of
inspections
• Issuance of
notices and
orders for
compliance
purposes
• Issuance of
emergency
measure orders
• Assist public
institutions
● City Council
● Legal
● Police
Department
6 hours
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Key Personnel
The DCD has identified the Order of Succession for leadership as key roles in
facilitating the process of building inspections:
Essential Function Order of Succession
Community Development (DCD)
Director
1. DCD Director
2. Building Inspector
3. Code Enforcement Officer
Department Relocation
The incident impacts and operational needs will dictate the safe options for relocation;
however, the DCD is not dependent on any specific location or facility to perform
building inspections. Inspections are done in the field and the administrative aspect can
be performed at any site with adequate infrastructure, thus the DCD does not have a
designated alternate site. The (COOP) Facilities Team will identify a safe location for
the DCD to work, if relocation is needed.
Communications
The DCD does not have any unique communication requirements. The intent is to use
operational systems, including but not limited to, desk phone, cell phones, Outlook
email, and text messaging for communications during a (COOP) scenario.
Vital Records, Files, and Databases
The DCD has identified vital records as the SmartGOV Permitting System, documents
stored on the City “Permit Center – P” Drive, and rapid evaluation safety assessment
forms.
Critical Systems
Access to the intranet and internet is critical to support the DCD performance of building
inspections and other essential functions. Specifically, DCD needs access to the
Permitting System, city shared drive, GIS, WA L&I website and WA Department of
Revenue website.
Critical Equipment
The DCD has identified vehicles, forms and posting tools, flashlights, spray paint,
personal protective gear, and communication equipment as key for supporting
emergency building inspections. If available, computers would assist the process as
well, but are not required for the onsite inspection process.
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External Contacts
The DCD is not dependent on external agencies for support of emergency building
inspections; however, vendors that supply personal protective equipment and inspection
supplies are critical to safe and effective inspections.
Return to Operations
The DCD will have continual, but limited, operations during a (COOP) incident. Return
to operations includes the relocation back to the original facility or a new facility if the
DCD is working from an alternate location. The DCD will resume normal business as
able based on available resources, priorities of city leadership, recovery priorities,
economic opportunities, and the adjusted timeline of projects placed on hold due to the
incident.
ANNEX 5: FINANCE DEPARTMENT
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Introduction
During a Continuity of Operations (COOP) scenario, the Finance Department is
responsible for the accounting, tracking, and facilitation of the financial operations of the
City of Port Orchard (“City”).The Finance Department requires coordination with city
departments and of resources to perform essential functions.
Essential Functions
Essential functions for the Finance Department during a (COOP) incident include
financial management, procurement, and record preservation. Below is a high-level
summary for each function.
ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Essential Function Critical Steps Supporting
Department(s) Recovery Time
Objective (RTO)
FINANCE MANAGER
• General accounting
for the City
• Payroll
• Accounts Payable
• Utility Billing
• Receipting and
Cash Management
● Internal Control of
Assets and Cash
● Payroll
● Accounts
Payable, Bill
Paying
● Tracking
Expenditures
All
24 hours
Key Personnel
The Finance Department has identified the Order of Succession for leadership as key
roles in facilitating the delivery of essential functions:
Essential Function Order of Succession
Finance Director 1. Finance Director
2. Assistant Finance Director
3. Accounting Assistant II
Department Relocation
Incident impacts and operational needs will dictate the safe options for relocation;
however, the essential functions of the Finance Department are not dependent on any
specific location or facility. Functions can be performed at any site with adequate
infrastructure, thus the Finance Department does not have a designated alternate site.
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The (COOP) Facilities Team will identify a safe location for the Finance Department to
work, if relocation is needed.
Communications
The Finance Department does not have any unique communication requirements, but
does rely heavily on internet connectivity, computers, and other normal operational
systems. The intent is to use normal operational systems, or as many of them as are
possible, including but not limited to, desk phones, cell phones, Outlook email, and text
messaging for communications during a (COOP) scenario.
Vital Records, Files, and Databases
The Finance Department has identified vital records such as financial tracking and
distribution documents. Essential functions require the use of the accounting system
along with other task specific software.
Critical Systems
Access to the intranet and internet is necessary for the Finance Department to perform
most essential functions. The use of accounting software along with other task specific
software facilitates the delivery of Finance Department services.
Critical Equipment
The Finance Department has identified technology and communication equipment as
key for delivery of essential functions. In addition to telephones, computers, and basic
printers the Finance Department also requires specialized printers, purchase cards, a
safe, and hand receipts to support (COOP) tasks.
External Contacts
The Finance Department partners with several vendors for the delivery of essential
functions. Most of the vendors are financial institutions that are required to have
(COOP) programs and capabilities, thus reducing the risk of failure to support City
essential functions.
Return to Operations
The Finance Department will have continual, but possibly limited, operations during a
(COOP) incident. Return to operations includes relocation to the original facility or a new
facility if the Finance Department is working from an alternate location. The Finance
Department will resume normal business activities based on available resources,
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Continuity of Operations Plan FOUO
priorities of city leadership, and timelines of financial activities. Priority will be given to
delivery of services that reduce the risk of financial penalties, undue hardship to
employees or the public, and requirements for maintaining a positive financial standing
for the city.
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ANNEX 6: HUMAN RESOURCES COORDINATOR
Introduction
During a Continuity of Operations (COOP) scenario, the Human Resource Coordinator
(HR) is responsible for employee relations, management support, compensation, and
policy/contract interpretation and guidance. HR’s primary focus is employees during an
incident and requires coordination with city departments to perform essential functions.
Essential Functions
Essential functions for HR during a (COOP) incident include employee relations,
compensation, training and assignments, accountability, risk management, and
compliance with labor and regulatory requirements. Below is a high-level summary for
each function:
ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Essential Function Critical Steps Supporting
Department(s) Recovery Time
Objective (RTO)
HUMAN
RESOURCES
• Manage
employee
relations
• Safety and risk
management
• Employee
benefits
• Volunteer
management
● Track and report
status of all
employees
● Activate
employee/family
assistance center
● Investigate and
document all
employee injuries
● Coordinate the
Employee
Assistance
Program (EAP) to
assist employees
● Finance
● Legal
● All
24 hours
Key Personnel
HR has identified the Order of Succession for leadership as key roles in facilitating the
delivery of essential functions:
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Essential Function Order of Succession
Human Resources Coordinator 1. HR Coordinator
2. Finance Director
Department Relocation
The incident impacts and operational needs will dictate the safe options for relocation;
however, the essential functions of HR are not dependent on any specific location or
facility. Functions can be performed at any site with adequate infrastructure, thus HR
does not have a designated alternate site. The (COOP) Facilities Team will identify a
safe location for HR to work, if relocation is needed.
Communications
HR does not have any unique communication requirements. The intent is to use
operational systems, including but not limited to, desk phones, cell phones, Outlook
email, and text messaging for communications during a (COOP) scenario.
Vital Records, Files, and Databases
HR has identified vital records to include employee personnel files, claim files, partner
contact information, and training rosters. In addition to these files, HR uses the payroll
software to access critical employee information.
Critical Systems
Access to the intranet and internet is necessary for HR to perform essential functions.
The use of the payroll system and intranet facilitates delivery of services.
Critical Equipment
HR has identified technology and communication equipment as key for delivery of
essential functions. These resources include but are not limited to phones, computers,
and printers.
External Contacts
HR is not dependent on external agencies for delivery of essential functions. However,
there are partner agencies related to health, labor, and compliance that HR may work
with to facilitate delivery of service.
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Return to Operations
HR will have continual, but possibly limited, operations during a (COOP) incident.
Return to operations includes the relocation back to the original facility or a new facility if
HR is working from an alternate location. HR will resume normal business activities, in
addition to any incident or (COOP) activities, as able and based on resources. Priority
will be given to services that support employee recovery, retention, and, if needed,
replacement.
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ANNEX 7: LEGAL DEPARTMENT
Introduction
During a Continuity of Operations (COOP) scenario, the City Attorney is responsible for
advising City of Port Orchard (“City”) leadership on legal issues and developing legal
documents related to the incident. The City Attorney is flexible and adaptable and has
limited resource requirements for the delivery of essential function tasks.
Essential Functions
The City Attorney has identified its essential function during (COOP) activities as
guidance and advice.
ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Essential Function Critical Steps Supporting
Department(s) Recovery Time
Objective (RTO)
CITY ATTORNEY
• Provide legal
advice to
decision-
makers
• Draft policies,
procedures,
proclamations,
laws
• Review
contracts and
legal
agreements
• Draft
emergency
legal
documents for
City Council
review
• Provide legal
advice and
review for City
emergency
operations
• Review
emergency
contracts with
vendors
● Mayor
● City Clerk
● Community
Development
12 hours
Key Personnel
The City Attorney has established the following order of succession for this position:
Essential Function Order of Succession
City Attorney 1. City Attorney
2. Deputy City Attorney
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Department Relocation
Incident impacts and operational needs will dictate the safe options for relocation;
therefore, the City Attorney does not have a designated alternate location. Whenever
possible, the City Attorney will relocate within the city limits and near the Mayor’s Office
and City Council locations.
Communications
The City Attorney does not have any unique communication requirements, but does rely
heavily on internet connectivity, computers and other normal operational systems. The
intent is to use normal operational systems, or as many of them as are possible,
including but not limited to desk phones, cell phones, Outlook email, and text
messaging for communication during a (COOP) scenario.
Vital Records, Files, and Databases
The City Attorney has identified vital records to include City Council documents and the
City’s policies, regulations, and Municipal Code.
Critical Systems
The City Attorney identified the need to access the internet as a critical system for
research and development of essential function tasks.
Critical Equipment
The City Attorney has identified technology resources as critical to support essential
function tasks. These resources include but are not limited to telephones, computers,
and printers.
External Contacts
The City Attorney has identified the Municipal Attorney’s Listserve, Washington State
Municipal Research & Services Center (MRSC), and legal advisors at state and federal
levels of government as external contacts during (COOP) activities.
Return to Operations
The City Attorney will have continual, but possibly limited, operations during a (COOP)
incident. Return to operations includes the relocation back to the original facility or a
new facility if the City Attorney is working from an alternate site. The City Attorney will
resume normal business activities, in addition to incident, (COOP), or recovery
activities, as able based on resources.
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ANNEX 8: MUNICIPAL COURT
Introduction
During a Continuity of Operations (COOP) scenario, the Port Orchard Municipal Court
(POMC) is responsible for holding court proceedings related to misdemeanor violations,
infraction processing and related hearings, and parking ticket enforcement processing
and related hearings. For individuals that are being held in-custody there is an
expedited hearing requirement. Court proceedings are required by law and in support of
the rights of individuals. The POMC recognizes that during a significant emergency or
disaster situation some or all court proceedings may need to be adjusted or delayed
until such a time that resources are available to support the delivery of identified
essential functions.
Essential Functions
The essential function of the POMC during a (COOP) incident is to hold court
proceedings. Below is a high-level summary for each function.
ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Essential Function Critical Steps Supporting
Department(s) Recovery Time
Objective (RTO)
MUNICIPAL
COURT
● Preside over
essential
authorized cases
● Conduct
hearings and
court
proceedings as
necessary
● Coordinate staff
and judges to
process newly
arrested
defendants w/in
24-48 hours
● Review all
pending matters
w/in 7-30 days
● Notify public of
courts status as
soon as possible
● Prosecuting
Attorney’s Office
● City-contracted
Public Defense
● City clerk
● Police
● Finance
12 hours
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Key Personnel
The POMC has identified the Order of Succession for leadership as key roles in
facilitating the delivery of essential functions:
Essential Function Order of Succession
Court Administrator 1. Court Administrator
2. Lead Court Clerk
3. Court Clerk
Judge 1. Presiding Judge
2. Judge Pro tem, including Kitsap
District Court judges
3. Appointed Judge
Department Relocation
Incident impacts and operational needs will dictate the safe options for relocation;
however, the essential functions of the POMC do require some unique aspects of
location, thus if relocation is required, attention will be given to ability to access the
video conference link to the jail location and public access to the site. Although most
conference rooms could support a court proceeding, preference will be given to a
location with security measures in place (secure doors, metal detectors), private side
room availability for counsel and client holding, and ease of ingress and egress for
transportation of clients.
Communications
The POMC has one unique communication requirement – for video conference
capabilities to the Kitsap County Jail. Other than that requirement, the intent is to use
operational systems, including but not limited to, desk phones, cell phones, Outlook
email, and text messaging for communications during a (COOP) scenario.
Vital Records, Files, and Databases
The POMC has identified case files as being vital records for the support of court
proceedings. The partner contact information list is also a critical record for
communication with attorneys, advocates, and supporting agencies to operations. In
addition to hard copy case files, the POMC uses the Washington State Judicial
Information System (JIS) database to support operations.
Critical Systems
The POMC has identified critical systems to support court proceedings as access to the
intranet and internet for access to the JIS database. There is also a requirement for the
in-court video conference link to the jail for in-custody defendant’s criminal hearings.
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Critical Equipment
The POMC has identified technology and communication equipment as key for the
delivery of court hearings, including the in-court video conference link to the jail. In
addition to phones, computers, and printers the ability to capture audio recordings of the
proceeding is required.
External Contacts
The POMC partners with several external individuals and organizations for support of
court proceedings. Partners include roles such as Prosecutor, Defense Attorney, Victim
Advocate, and others as determined by the proceeding.
Return to Operations
The POMC may have limited operations during a (COOP) incident or may suspend
some or all court operations depending on the extent and impacts of the incident. If the
court proceedings have been relocated, return to operations will involve the return to the
original facility or a new facility. If operations were suspended return to operations will
involve the planning and reestablishment of proceedings at the designated facility. It is
expected that if suspension occurred, return to operations may involve scheduling of
resources and participants, as well as notification to the public, which could extend the
timeline for resumption of hearings.
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ANNEX 9: POLICE DEPARTMENT
Introduction
During a Continuity of Operations (COOP) scenario, the Police Department (PD) is
responsible for providing emergency services to the community including patrol and
investigations. The PD operates 24 hours a day, seven days a week 365 days a year.
The PD supports and partners with city departments and resources to perform essential
functions.
Essential Functions
Essential functions for the PD during a (COOP) incident includes response to
emergency calls, traffic control, felony investigations, and incident security support.
Below is a high-level summary for each function.
ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Essential Function Critical Steps Supporting
Department(s) Recovery Time
Objective (RTO)
POLICE
• Coordinate all
Emergency
Management
functions
• Provide public
safety and
emergency
response
• Provide security
for public
facilities and
critical
infrastructure
● Manage the EOC
● Respond to and
resolve
emergencies and
public safety
incidents within
the city
● Provide security
at city facilities
and critical
infrastructure
● Intelligence
gathering/sharing
● Investigations
● City Council
● Mayor
● Legal
● Finance
● Municipal Court
2 hours
Page 150 of 167
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Key Personnel
The PD has identified the Order of Succession for leadership as key roles in facilitating
the delivery of essential services:
Essential Function Order of Succession
Police Chief/
Emergency Management Director
1. Police Chief
2. Deputy Chief of Police
3. Designated Sergeant
4. Designated Sergeant
Department Relocation
Incident impacts and operational needs will dictate the safe options for relocation;
therefore, the PD does not have designated alternate locations for most essential
functions. Patrol and investigations are flexible and adaptable operations that can be
relocated if needed. Ideally relocation would be within the city limits and will provide
adequate work and vehicle space for regular and special operations staff and
equipment.
Communications
The PD has several methods of communication in support of delivery of essential
functions. The intent is to use operational systems, including but not limited to desk and
mobile phones, Outlook email, VHF radios, and social media accounts such as
Facebook for communication during a (COOP) scenario.
The PD is dependent on a Public Safety Alerting Point (PSAP) a.k.a. Kitsap-911 for
notification and assignment of public calls for assistance. The PSAP system has
redundancy established to support delivery of response information.
Vital Records, Files, and Databases
The PD has identified vital records to include incident response reports, map books,
partner contact lists, subject background reports, investigative case files, and inmate
records. Databases used for essential functions include Geographical Information
Services (GIS) for mapping, National Crime Information Center (NCIC), Department of
Licensing (DOL), and Washington Crime Information Center (WACIC).
Critical Systems
Access to the intranet and internet is necessary for the PD to perform most essential
functions.
The PD uses computer aided dispatch via Kitsap-911 GIS, National Crime Information
Center (NCIC), Department of Licensing (DOL), Washington Crime Information Center
(WACIC), and Records Management System (RMS).
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Critical Equipment
The PD has identified that there are extensive and unique critical equipment
requirements for the delivery of essential functions. In addition to technology resources
such as phones, radios, computers, and printers the PD relies on specialized vehicles,
protective gear, tactical gear, and a variety of task specific tools.
External Contacts
The PD partners with several external response organizations for delivery of essential
functions. The PD has established mutual aid agreements facilitated through the PSAP
system. The Public Safety Alerting Point (PSAP) or dispatch center is an external
agency delivering services to the PD as a consortium member.
Return to Operations
The PD will have additional and continual, but possibly limited in scope, operations
during a (COOP) incident. Return to operations may mean relocation back to an original
facility or new facility if alternate work sites were established. Primarily return to
operations will consist of resuming all services normally performed by the PD during
non-disaster times, such as training, community policing, school resources support, and
investigations beyond felonies. For all areas of the PD return to operations includes
thoroughly checking the condition and status of equipment and supplies. In addition,
consideration and attention will be given to the physical and emotional health of
responders with critical incident stress management resources being provided as
needed.
Page 152 of 167
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Continuity of Operations Plan FOUO
ANNEX 10: PUBLIC WORKS ENGINEERING DEPARTMENT
Introduction
During a Continuity of Operations (COOP) scenario, the Public Works & Engineering
Department (PWE) is responsible for the sustainment and operations of several critical
infrastructure systems including potable water, sanitary sewer, storm drainage systems,
traffic signals, streetlights, bridges, and streets.
Essential Functions
Essential functions for PWE during a COOP incident include operation of critical
infrastructure and resources support to departments, operations, and COOP activities.
Although, there is no legal mandate for delivery of these services, it is understood that
there is a need and public expectation of these operations. Below is a high-level
summary for each function.
ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Essential Function Critical Steps Supporting
Department(s) Recovery Time
Objective (RTO)
PUBLIC WORKS
ENGINEERING
• Restore and
maintain City
infrastructure
including potable
water, sanitary
sewer, streets,
bridges, storm
drainage
systems, and
traffic control
systems
● Coordinate
repairs of street
& bridge systems
● Coordinate
repairs with
water & sewer
utilities
● Coordinate the
restoration and
maintain City
facilities
● Correct
stormwater
flooding issues
● Provide
engineering
services to City
staff
● Police
● Finance/IT
● Community
Development
● WSDOT
● WSUD
● COB
12 hours-30 Days
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Continuity of Operations Plan FOUO
Key Personnel
The Mayor has established the following order of succession for his position:
Essential Function Order of Succession
Public Works Director
1. Public Works Director / City Engineer
2. Assistant City Engineer
3. Public Works Operations Manager
4. Public Works Utility Manager
Department Relocation
The incident impacts and operational needs will dictate the safe options for relocation;
however, the essential functions of PWE are dependent on a location or facility with
power and network connectivity. Although not required, PW would ideally be relocated
within the City limits to facilitate essential functions.
Communications
Public Works Engineering has several methods of communication in support of
essential functions. The intent is to use normal operational systems, or as many of them
as are possible, including but not limited to desk and cell phones, and Outlook email
during a COOP scenario.
Vital Records, Files, and Databases
PWE has identified vital records to include Geographic Information Systems (GIS),
traffic signal inventory, as built records, and the department phone tree as critical to the
delivery of essential functions.
Critical Systems
Access to the sewer, water, streets, and bridges.
Critical Equipment
PW has identified technology and communication equipment as critical equipment for
delivery of essential functions.
External Contacts
PWE partners with several external agencies as some city systems are inter-dependent
on partner systems. Partnerships include local, state, and private sector organizations.
Page 154 of 167
City of Port Orchard 64
Continuity of Operations Plan FOUO
Return to Operations
PW will have continual, COOP and incident response, operations during an incident.
Return to operations may include relocation to an original or new facility, or the
resumption of normal business activities that were suspended while focus was placed
on incident support. Priority will be given to delivery of services as directed by city
leadership that supports incident operations and recovery, provides infrastructure
services to residents and businesses, and partners with adjacent jurisdictions. Due to
the nature and complexity of critical infrastructure systems, a full return to operations
may take a significant amount of time and resources to accomplish. PW may be
functioning in a COOP mode longer than other departments if the incident causes
significant disruption to PW operating facilities or systems.
Page 155 of 167
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Continuity of Operations Plan FOUO
ANNEX 11: INFORMATION TECHNOLOGY DIVISION
Introduction
During a Continuity of Operations (COOP) scenario, the Information Technology
Division (IT) is responsible for supporting the access to and use of operational and
communication technology and hardware. All city departments have identified a
dependency on information technology for the delivery of their essential functions. IT is
dependent on external critical infrastructure systems being operational and available for
delivery of all essential functions.
Essential Functions
Essential functions for IT during a (COOP) incident include user technology support and
data system management. Although the services of IT are not legally mandated, it is
understood that technology access and support is vital to the ability of the city to
operate during and following an emergency or disaster incident. Below is a high-level
summary for each function.
ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Essential Function Critical Steps Supporting
Department(s) Recovery Time
Objective (RTO)
Information
Technology
• Provide
Information &
Technology (IT)
services to City
staff
● Technology
maintenance –
email, internet,
intranet, Finance
programs, Police
CAD programs,
phone
maintenance
All
Immediately for Police
and EOC Critical
Steps
12 hours for
remaining Critical
Steps
Key Personnel
IT has identified the Order of Succession for leadership as key roles in facilitating the
delivery of
essential functions:
Essential Function Order of Succession
Information Technology Manager
1. IT Manager
2. IT Specialist / Finance Clerk
3. Asst. Director of Finance
4. Seitel Systems (outside consultant)
Page 156 of 167
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Continuity of Operations Plan FOUO
Department Relocation
The incident impacts and operational needs will dictate the safe options for relocation;
however, the essential functions of IT are dependent on a location or facility with power
and network connectivity. These resources can be provided by temporary or mobile
capability but must exist to support service delivery by IT.
Communications
IT does not have any unique communication requirements. The intent is to use
operational systems, including but not limited to, desk phones, cell phones, Outlook
email, and text messaging for communications during a (COOP) scenario.
Vital Records, Files, and Databases
IT has identified vital records to include various tracking logs and data files associated
with City electronic records.
Critical Systems
Access to intranet and internet is necessary for IT to perform most essential functions.
Critical Equipment
IT has identified several types of critical equipment for the delivery of essential
functions. In addition to phones, IT requires computer and connectivity hardware,
servers, and technical devices to support (COOP) tasks. IT depends on the fiber optic
connection to the data center making it a critical equipment resource.
External Contacts
IT partners with and is dependent on several vendors for delivery of essential functions.
Most vendors are in the technology industry and thus have disaster recovery programs
and redundancies in place to support the sustainment of service to the city.
Return to Operations
IT will have continual, but possibly limited, operations during a (COOP) incident. Return
to operations includes relocation to the original facility or a new facility if IT is working
from an alternate location. IT will resume normal business activities based on available
resources, priorities of city leadership, and restoration and recovery tasks necessary to
return all departments to normal operations. Depending on the nature of the incident
that created the need for (COOP) activities, IT may have a complex extended return to
normal operations while staff address incident impacts.
Page 157 of 167
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 7F Meeting Date: April 14, 2020
Subject: Approval of a Contract with Hayter Prepared by: Brandy Rinearson, MMC
Industries, LLC for Public Relations, City Clerk
Marketing and Communications Atty Routing No.: N/A
Atty Review Date: N/A
Summary: As the City grows and the population increases, there is a need for a dedicated public relations
and communications specialist to keep the community updated on City projects, expand on the City’s current
social media outreach and help the City to develop strategy’s to communicate with staff.
On February 27, 2020, the Finance Director sent the Request for Statement of Qualifications to 6 firms listed
on the MRSC (Municipal Research & Services Center) small works roster. The City received one bid from
Hayter Industries, LLC.
Recommendation: Staff recommends approval of a contract with Hayter Industries, LLC for Public Relations,
Marketing and Communications.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to approve a contract with Hayter Industries, LLC for Public Relations,
Marketing, and Communications, as presented.
Fiscal Impact: Contract cost not to exceed $25,000.
Alternatives: Do not approve contract.
Attachments: Contract.
Page 158 of 167
CITY OF PORT ORCHARD PERSONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the flldry of M arfcAn 2020,byand between the
City of Port Orciard, a municipal corporation, organiEd'-unOei tt e talililitf," St te of Washington, whose
address is:
CITY OF PORT ORCI{ARD, WASHINGTON (hereinafterthe "CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: MayorRobertPutaansuu Phone: 360.876.4407 Fax: 360.895.9029
And TIAYTER INDUSTRIES, LLC, a corporation, organized under the laws of the State of
Washington, doing business at:
7805 Broadstone Place SW
Port Orchard, WA 98367
(hereinafter the "CONSULTANT")
Contact: Ryan Hayter Phone: (360) 981-2929
for personal services in connection with the following Project:
P ub I i c Re I at i on s, M ar l<e t i ng, and C o mmuni c at i o ns c o ns ult ant
TERMS AND COI\DITIONS
1. Services by Consultant.
A. The Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work
without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services described in the Scope of Work in accordance
with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
City of Port Orchard and
Public Worl<s Project lt{o.
Personal Services Agreement Contract No.
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Page 159 of 167
3.
4.
T
I
T
Terms. This Agreement shall commence on Aoril 1. 2020 ("Commencement Date") and shall
terminate December 31.2020 unless extended or terminated in writing as provided herein.
Compensation.
LIIMP SUM. Compensation for these services shall be a Lump Sum of $
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$25J00 without written authorization and will be based on an hourly rate of $100.
TIME AND MATERIALS. Compensation forthese services shall be on atime and materials basis
according to the list of billing rates and reimbursable expenses attached hereto as Exhibit ('
.))
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 notiff 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. For the duration of this Agreement, 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 modiff 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 stafus, 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
City of Port Orchard and
Public Worl<s Project I{o.
Personal Services Agreement Contract No.
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Rev 1/5/2020
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Page 160 of 167
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 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 Clty 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 Clty, 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 foade 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 ofcreditors.
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 ttre 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 perfbrmed 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 af Port Orchard and
Public Worlu Project l{o.
Personal Services Agreement Contract No.
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Rev 1/5/2020
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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 CtE 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 Crty'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 forttr 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 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 submiued by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant's possession or known to it, or is rightfully
obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent
required by law, subpoena or other court order.
11. Work Performed at the Consultant's Risk The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents and sub-consultants in the performance of
the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at
City of Port Orchard and
Public Works Project I{o.
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Page 162 of 167
the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held by the Consultant for use in connection with the work.
12. Indemnification. The Consultant shall defend, indemniff 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 negligent acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by
the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTIIER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT TTM
INDEMNIFICATION PROVTDED }IEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR T}IE PURPOSES
OF THIS INDEMMFICATION. TTM PARTIES FURTTIER 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 Liabilitv 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 Liabilitv insurance shall be written on ISO occuffence 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 Liabilitv insurance appropriate to the Consultant's profession.
City of Port Orchard and
Public Worlrs Project No. _
Personal Services Agreement Contract No.
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Page 163 of 167
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liabilitv insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liabilitv insurance shall be written with limits no less than
S 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 Liabilitv 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 thiffy (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
3. The City will not waive its right to subrogation against the Consultant. The
Consultant's insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant's insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
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 Worlcs Project I,{o. _
Personal Services Agreement Contract No.
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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
2L6 Prospect Street
Port Orchard, WA 98366
Ryan Hayter, CONSIILTANT
President
7805 Broadstone Place SW
Port Orchard, WA 98367
Phone: 3 60.87 6.4407
Fax: 360.895 .9029
Phone : (360) 981-2929
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 frst 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 acfual services provided or to the sufficiency of the perfoflnance 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 afforneys'
fees from the other party.
17. General Provisions.
A. Non-waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
C. Severabilitv. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
City of Port Orchard and
Public Works Project Jt{o. _
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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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth
above.
CITY OF PORT ORCFIARD,
WASHINGTON
CONSIILTAI{T
By:
Robert Putaansuu, Mayor
ATTE S T/AI]THE,NTI C ATE :
Title :
Brandy Rinearson, MMC
City Clerk
APPROVED AS TO FORM:
By:
Charlotte Archer, City Attorney
By
N
By:
City of Port Orchard and
Public Worlrs Project lr{o. _
Personal Services Agreement Contract No.
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EXHIBIT A
SCOPE OF SERVICES TO CONTRACT NO.
Project Description:
The consultant will perform the work described herein, at the direction of the Mayor and
staff, to create website content, and draft social media posts, press releases, and public
notices. Specifically, the consultant may be directed to perform the following:
Social Media:
Assist the City in expanding on a social media strategy that provides timely and relevant
information about City projects and activities. The communications consultant task
includes:
. Develop an annual calendar with anticipated announcement dates and updates
around key projects and initiatives. Craft messaging with Mayor and senior staff as appropriate. Collaborate with community pages
Public Relations:
. Develop and maintain relationships with local news and media outlets including
Kitsap, King and Pierce counties. Draft and disseminate City news stories on a timely basis. Coordinate interviews and articles with local journalists. Develop guidelines for City employees to communicate with public
Internal Communications :
. Develop tools and strategy for City to communicate with staff. Develop messaging for City to communicate with staff
Community Events:
. Identiff opportunities for city officials to participate in community activities.. Develop and execute events/activities for city officials to interact with constituents
outside of City Hall.
City af Port Orchard and
Public Worlcs Project No.
Personal Services Agreement Contract No.
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