04/28/2020 - Regular - Packet
City of Port Orchard Council Meeting Agenda
April 28, 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
Link: https://zoom.us/j/94244135404?pwd=Zm8rMmpkZnBqcDFDenQ4Y1QxMTY1Zz09
Zoom Meeting ID: 942 4413 5404
Password: 838667
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. Adoption of an Ordinance Delegating Authority to the Mayor to Create and
Revise Job Descriptions for Positions Authorized by the City Council (Lund)
Page 3
D. Approval of an Interlocal Agreement with Kitsap Community Resources-
Housing Solutions Center for the Affordable and Supportive Housing Grant
Award (Crocker) Page 6
E. Approval to Excuse Councilmember Lucarelli from the April 14, 2020, City
Council Meeting
5. PRESENTATION
6. PUBLIC HEARING
7. BUSINESS ITEMS
A. Adoption of an Ordinance Delegating Authority to the Finance Director to
Waive Late Fees, Penalties and Make Payment Arrangements as Applicable
(Crocker) Page 24
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
E/D & Tourism Committee, Chair
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, Chair
KRCC-alt
John Clauson
Finance Committee
Utilities/Sewer Advisory Committee
Kitsap Public Health District-alt
Cindy Lucarelli
Festival of Chimes & Lights Committee, Chair
Utilities/Sewer Advisory Committee
Kitsap Economic Development Alliance
Scott Diener
Land Use Committee, Chair
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 28, 2020, Meeting Agenda Page 2 of 2
B. Adoption of an Ordinance Reclassifying the Property Located at 2843 Harold Drive SE from Commercial Mixed
Use to Business Professional Mixed Use (Bond) Page 33
C. Adoption of an Interim Ordinance Temporarily Suspending Approval and Permit Expiration and Tolling Procedural
Deadlines for Processing Land Use Applications (Archer/Bond) Page 48
D. Adoption of a Resolution Approving a Contract with American West Construction, LLC for the 2020 Library Water
Damage and Roof Repair (Dorsey) Page 54
E. Adoption of a Resolution Adopting the Continuity of Operations/ Continuity of Government (COOP/COG) Plan (M.
Brown) Page 88
F. Approval of a Contract with Summit Law for Legal Services in the Area of Labor Negotiations and Relations (Lund)
Page 156
G. Approval of an Addendum to Real Property Lease Agreement No. 042-15, with the South Kitsap Western Little
League to Lease Givens Field No. 1, No. 2, and No. 3 (Rinearson) Page 179
H. Approval of an Addendum to Real Property Lease Agreement No.043-15, with the South Kitsap Pee Wee
Association to Lease Givens Field No. 1 and No. 2 and the Basement of the Active Club Building (Rinearson) Page
191
I. Approval of the April 14, 2020, Council Meeting Minutes Page 203
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 TBD, 2020; 5:30pm - 2nd Tuesday of each month City Hall
Economic Development and
Tourism
May 18, 2020; 9:30am - 2nd Monday of each month (3rd Monday
in May)
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 Monday, June 1, 2020; 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
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4C Meeting Date: April 28, 2020
Subject: Adoption of an Ordinance Delegating Prepared by: Debbie Lund
Authority to the Mayor to Create and HR Coordinator
Revise Job Descriptions for Positions Atty Routing No.: N/A
Authorized by the City Council Atty Review Date: N/A
Summary: For the expediency of maintenance and creation of job descriptions, staff is proposing that
the Council delegate authority to the Mayor for the final creation of and editing of existing job
descriptions. Council will retain their authority to approve positions, determine the general purpose of
each position and set the salary range for each position. This ordinance will delegate to the Mayor the
authority to produce the final job description document and change job descriptions as necessary
provided that the Mayor notify the Council in much the same manner as is currently done for personnel
policies.
Governor Inslee’s Proclamation 20-28: This item is: ☒ COVID-19 related; ☒ necessary and routine, for
the following reasons: to increase the supervisory capacity of the police department, the department is
recruiting for a Police Sergeant and the current job description is out of date. This Ordinance also
memorializes the City’s current process of permitting the Mayor to modify job descriptions as needed.
Recommendation: Staff recommends the Council approve the Ordinance as presented.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt an Ordinance which delegates the authority to the Mayor
to create and revise job descriptions for positions authorized by the city council.
Fiscal Impact: None
Alternatives: Not approve this request and provide alternative guidance.
Attachments: Ordinance.
Page 3 of 207
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO PERSONNEL; DELEGATING AUTHORITY TO THE
MAYOR SET FORTH IN RCW 35A.11.020 FOR CREATION AND
MODIFICATION OF JOB DESCRIPTIONS; PROVIDING FOR
SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuant to RCW 35A.11.020 and 35A.12.020, the City Council has the
authority to define the functions, powers, and duties of the City’s appointive officers and
employees, and that this authority is delegable; and
WHEREAS, that power includes both the authority to create new positions for the City,
and to establish the duties for newly created positions; and
WHEREAS, new positions are created by the City Council through the budget process, or
by ordinance if created between budget cycles; and
WHEREAS, once created, pursuant to RCW 35A.12.090, the Mayor has the power of
appointment and removal of all appointive officers and employees, subject to Council
confirmation where required by ordinance; and
WHEREAS, the City Council finds that a limited delegation of its authority under RCW
35A.11.020 and 35A.12.020 is warranted as the Mayor’s administrative role is best suited to the
efficient development, approval and implementation of detailed job descriptions consistent with
the general duties for each appointive officer and employee of the City set by the Council; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and
incorporated as findings in support of this Ordinance.
SECTION 2. Delegation of Authority. The City Council hereby delegates authority to the
Mayor to establish and later amend as needed job descriptions for all appointive officers and
employment positions created by the City Council. All job descriptions shall be consistent with
the general qualifications and duties assigned by the City Council at the time the position is
created by the Council, including those duties assigned to appointive positions at Chapter 2.08 of
the Port Orchard Municipal Code. The Mayor shall report to the City Council when a job
description is created or altered, consistent with this delegation. That report shall occur within
ninety (90) days of the Mayor’s action.
Page 4 of 207
Ordinance No. _______
Page 2 of 2
SECTION 3. Ratification. The City Council hereby ratifies and affirms any act consistent
with the authority and prior to the effective date of this Ordinance.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener’s/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 5. 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 6. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect five (5) days after the date of publication. A summary
of this ordinance in the form of the ordinance title may be published in lieu of publishing the
ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 28th day of April 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
Charlotte A. Archer, City Attorney John Clauson, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 5 of 207
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4D Meeting Date: April 28, 2020
Subject: Approval of an Interlocal Agreement with Prepared by: Noah Crocker
Kitsap Community Resources-Housing Finance Director
Solutions Center for the Affordable Atty Routing No.: N/A
and Supportive Housing Grant Award Atty Review Date: N/A
Summary: During the 2019 Regular Session, the Washington State Legislature approved, and the Governor
signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) (“SHB 1406”).
SHB 1406 allows counties and cities the authority to “impose” a sales tax to fund various housing and services
for persons whose income is at or below 60% of the median income of the county or city. The tax is a
“transfer” of a portion of the State’s existing sales tax to the county or city. It is not a new or additional tax
and will not impact the consumer.
Per the SHB 1406, the City may only use the funds it receives through this program for the acquisition,
construction or rehabilitation of affordable housing or facilities providing supportive housing; for the
operations and maintenance costs of affordable or supportive housing; and/or for providing rental assistance
to tenants.
The City Council has taken the steps required by SHB 1406 by first adopting Resolution No. 023-19 on August
13, 2019, declaring the City’s intent to adopt legislation to levy the maximum capacity of the tax. The City
Council then adopted Ordinance No. 050-19, adopting legislation to levy the maximum capacity of the tax.
At the Oct. 8th City Council meeting the Mayor presented a proposal for the City to utilize the new revenue to
support affordable housing in the City of Port Orchard. He proposed for the City to enter into an interlocal
agreement with another local government or public housing authority to maximize the use of the (likely)
limited funding. This was the Council’s preferred suggestion as it allowed the City to partner with another
entity who already provides services to address affordable housing goals. Additionally, it would not be cost
effective for the City to create a new City-run program with the limited funding available.
The Mayor brought forth two entities, Kitsap Community Resources-Housing Solutions Center and Housing
Kitsap as entities to consider. These entities provide an affordable housing program in the City of Port
Orchard and would meet the requirements of the legislation. After much discussion, the City Council
requested more clarity on the organizations, the programs they offer and the cost to administer.
At the Oct. 22nd City Council meeting the Mayor invited representatives from the Kitsap Community
Resources-Housing Solutions Center and Housing Kitsap to present their programs to the City Council and to
Page 6 of 207
Consent Agenda 4D
Page 2 of 2
answer questions. Both presented their different programs and, after discussion, the City Council agreed
to enter into an Agreement with and grant funding to Kitsap Community Resources-Housing Solutions
Center.
The Finance Department has since worked with the Kitsap Community Resources on a contract to bring
back to the Mayor and Council for approval.
Governor Inslee’s Proclamation 20-28: This item is [check all that apply]: × COVID-19 related;
necessary and routine, for the following reasons: by this action, the Council would be authorizing the
Mayor to execute a contract that was previously authorized by the Council, in concept. The contract was
awarded to Kitsap Community Resources-Housing Solutions Center, and this action merely memorializes
that previous action. In addition, this action is necessary because spending the City’s resources to
address issues of affordable housing and ensuring residents have a safe and sanitary place to stay are
vital during a public health emergency.
Recommendation: Staff recommends approving the interlocal agreement between the City of Port
Orchard and the Kitsap Community Resources-Housing Solutions Center.
Relationship to Comprehensive Plan: N/A
Motion for consideration: “I move to adopt the attached agreement between the City of Port Orchard
and the Kitsap Community Resources-Housing Solutions Center for affordable and supportive housing
in accordance with SHB 1406.”
Fiscal Impact: Revenue from the Affordable and Supportive Housing Sales Tax will be used to fund the
grant.
Alternative: Do not approve agreement and provide alternative guidance.
Attachment: Contract.
Page 7 of 207
AFFORDABLE HOUSING SERVICES AGREEMENT
This Affordable Housing Services Agreement ("Agreement") is entered into by and between
Kitsap Community Resources, a Washington non-profit social services agency (hereinafter
.'KCR"), and the City of Port Orchard, a Washington State municipal corporation (hereinafter the
ucity" and collectively the "Parties").
I. RECITALS
A. KCR is a non-profit social services agency organized and existing under the laws of the State
of Washington; and
B. The City of Port Orchard is a Washington municipal corporation organized and existing
under the Washington State Constitution and the laws of the State of Washington, and
particularly those set forth at RCW Title 35A; and
C. In the 2019 legislative session, the Washington state legislature passed SHB 1406 (codified at
RCW 82.14.540), which created a sales tax revenue sharing program that allows the City to
access a portion of state sales tax revenue (hereinafter, the "Funds") to make local
investments in affordable housing over a 20-year term; and
D. The City has taken the necessary steps to take advantage of this funding source to assist the
citizens of Port Orchard by investing in housing assistance programs serving those below the
60% median income level; and
E. After reviewing applications from entities capable of providing affordable housing assistance
to the residents of Port Orchard, KCR was selected to utilize the Funds to effectively provide
housing assistance for low-income residents of the City through its existing Housing
Solutions Center, and KCR has demonstrated capability to operate such a program
effectively; and
F. The City desires to engage the services of KCR to perform the public services described
herein and undertake the proposed program;
NOW, THEREFORE, in consideration of the foregoing, and in consideration of the premises,
terms and conditions set forth below, it is hereby agreed as follows:
II. AGREEMENT
1. Affordable Housing Services. The City desires to engage KCR-through its existing
Housing Solutions Center-to administer an affordable housing program for the City,
AFFORDABLE HOUSING SERVICES AGREEMENT Page 1 of8
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utilizing the Funds allocated to the City pursuant to SHB 1406 to assist citizens of Port
Orchard with rental assistance (the "Program").
A. KCR's Duties. KCR shall administer the Program, and in administering the
Program, KCR shall comply with all applicable state and local laws, and shall
exclusively utilize the Funds to provide rental assistance (or rental and utilities
assistance if utilities are included in the rent payment), to those Port Orchard
residents with an 0-60yo of the Area Median lncome (AMI). Such rental
assistance may only be provided for housing located within the City of Port
Orchard, and the maximum per-household cap for assistance under the Program is
Two Thousand Dollars ($2,000.00). KCR shall confirm with the City the amount
of funds available prior to awarding funds to an applicant. Additional parameters
for the Program are attached hereto as Exhibit A and incorporated herein by this
reference.
Ciw's Duties. On a monthly basis, the City may provide to KCR the Funds the
City receives. The City shall have no additional payment obligations to KCR, and
if the City receives no Funds in a particular month, KCR shall receive no Funds.
Payment by the Cify of the Funds under this Agreement shall occur as follows:
i. Upon identiffing a qualified applicant for rental assistanceo KCR shall
contact the City to request a statement identifuing the available Funds.
Contact may occur via e-mail or phone to the City's Finance Director (or
designee), and the statement may be provided via e-mail or letter.
ii. Upon receipt of the City's statement of available Funds, KCR shall issue
an invoice to the City, which may be transmitted via e-mail or mail. The
invoice shall not exceed the amount of available Funds.
iii. Upon receipt of an invoice, the City shall issue payment for the invoiced
amount, provided the invoiced amount shall not exceed the amount of
available Funds. The City shall have no obligation whatsoever to pay to
KCR an amount exceeding the available Funds.
iv. Of the Funds provided to KCR, KCR will be entitled to retain Eight and
Eight Tenths Percent (8.8%) of the Funds provided by the City to pay for
the administrative services associated with the Program.
2. Duration. This Agreement will commence upon mutual execution of this Agreement, and will
expire on December 31,2020 unless terminated prior to the expiration date by one of the
Parties pursuant to this Agreement; provided, the parties may extend the Agreement for one
additional year term by execution of an addendum to this Agreement.
B
AFFORDABLE HOUSING SERVICES AGREEMENT Page 2 of 8
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3. Termination. Either party may terminate this Agreement with or without cause upon thirty
(30) days' advance written notice to the other party. In the event of termination, KCR will
perform such additional work as is necessary for the orderly closing out of the Program, and
will be entitled to use any remaining Funds transmitted by the City for the month in which
the termination is effective to provide affordable housing assistance and reimbursement of
the actual costs associated with closing out the Program. Upon expiration of the Agreement,
all unused Funds shall be returned to the City.
4. Insurance.
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representativeso or employees.
No Limitation. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the
coverage provided by such insurance, or otherwise limit the City's recourse to any
remedy available at law or in equity.
Minimum Scope of Insurance. Consultant 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.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01, or a substitute form providing equivalent
liability coverage and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named by endorsement as an additional insured
under the Consultant's Commercial General Liability insurance policy
with respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's profession
A
B
C
AFFORDABLE HOUSING SERVICES AGREEMENT Page 3 of8
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Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate.
3. Employer's Liability each accident $1,000,000, Employer's Liability
Disease each employee $1,000,000, and Employer's Liability Disease -
Policy Limit $1,000,000.
4. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
Other Insurance Provisions. The insurance policies are to containo 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 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
endorse to waive the right of subrogation against the City, or any self-
insurance, or insurance pool coverage maintained by the City.
3. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City. If the General Liability 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.
4. If the Professional Liability Coverage is written on a occutrence form. If the
Professional Liability coverage is only available on a'oclaims made" basis,
then 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
D.
E.
ATFORDABLE HOUSING SERVICES AGREEMENT Page 4 of8
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F
G
period provided to the City. If the Consultant is not able to purchase the
three (3) year extended reporting period endorsement then as an option the
Consultant shall agree that if the Consultant's firm is dissolved or merged,
then the Consultant shall purchase before the dissolution or merger of the
Consultant's company, the three (3) year extended reporting period
coverage for the Professional Liability coverage.
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. 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.
5. Indemnification
B.
c.
Indemnification - Citv. The City does hereby agree to save harmless and defend
KCR from all claims and liability due to the negligent acts, errors, or omissions of
the City, its agents and/or employees, except for claims caused by the sole
negligence of KCR. Such indemnity will include, but not be limited to all out-of-
pocket expenses incurred by KCR, including attorney's fees, in the event the City
fails or refuses to accept the tender of any claims brought against KCR, the basis
for which are negligent acts, effors or omissions of the City, its agents and/or
employees.
Indemnification - KCR. KCR does hereby agree to save harmless and defend the
City from all claims and liability due to the negligent acts, errors or omissions of
KCR, its agents and/or employees, except for claims caused by the sole
negligence of the City. Such indemnity will include, but not be limited to, all out-
of-pocket expenses incurred by the City, including attomey's fees, in the event
KCR fails or refuses to accept the tender of any claims brought against the City,
the basis for which are negligent acts, elrors or omissions of KCR, its agents
and/or employees.
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 KCR and the City, its officers, officials, employees, and
volunteers, KCR's liability, including the duty and cost to defend, hereunder shall
be only to the extent of the KCR's negligence.
A
AFFORDABLE HOUSING SERVICES AGREEMENT Page 5 of8
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D The foregoing indemnity is specifically and expressly intended to constitute a
waiver of each party's immunity under Washington's Industrial Insurance Act,
RCW Title 51, as respects the other party only, and only to the extent necessary to
provide the indemnified party with a full and complete indemnity of claims made
by the indemnitor's employees. The parties acknowledge that these provisions
were specifically negotiated and agreed upon by them.
6. Entire Agreement / Amendments. This Agreement, together with any attachments or
addenda, represents the entire and integrated Agreement between the Parties hereto, and
supersedes all prior negotiations, representations, or agreements, either written or oral. It is
mutually agreed and understood that no amendment of any of the terms of this Agreement
will be valid unless made by written instrument properly signed by both Parties.
7. Notices. Except as otherwise identified in this Agreement, any notices required to be given
by the City to KCR, or by KCR to the City, will be in writing and delivered to the Parties at
the following addresses :
KCR
John Koch, Director
Housing & Community Support Services
1201 Park Avenue
Bremerton, WA 98337
City of Port Orchard
Robert Putaansuuo Mayor
216 Prospect Street
Port Orchard, WA 98366
8. Compliance with Laws. KCR and the City will comply with all federal, state and local laws,
rules, regulations and ordinances applicable to the performance of this Agreement, including
without limitation all those pertaining to wages and hours, confidentiality, disabilities and
discrimination, including but not limited to the Americans with Disabilities Act and all
regulations interpreting or enforcing such Act.
9. Maintenance and Audit of Records. KCR will maintain books, records, documents and other
materials relevant to its performance under this Agreement, which sufficiently and accurately
reflect any and all direct and indirect costs and expenses incurred or paid in the course of
performing this Agreement. These records will be subject to inspection, review and audit by
the City, the Washington State Auditor's Office, and authorized federal agencies. Both
Parties will retain all such books, records, documents and other materials as required by the
Washington State Records Retention policy as established by the Secretary of State. In the
event the City receives a public records request for records pertaining to this Agreement
and/or the Program, KCR agrees to assist the City to meet the City's obligations under the
Public Records Act, Ch. 42.56 RCW, at KCR's sole cost.
10. Reporting. KCR will submit to the City on a quarterly basis a detailed accounting of the
costs of Program operations. KCR will assist the City by providing any information needed
AFFORDABLE HOUSING SERVICES AGREEMENT Page 6 of 8
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for the City to compile and submit the reports required to by the State of Washington under
RCW 82.14.s40(11).
1 l. Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and
signed by the waiving Party.Any express or implied waiver of a term or condition of this
Agreement will apply only to the specific act, occurrence or omission and will not constitute
a waiver as to any other term or condition or future acto occurrence or omission.
12. Default / Dispute Resolution. If either KCR or the City fails to perform any act or obligation
required to be performed by it hereunder, the other party will deliver written notice of such
failure to the non-performing party. The non-performing party will have thirty (30) days after
its receip of such notice in which to correct its failure to perform the act or obligation at
issue, after which time it will be in default ("Default") under this Agreement; provided,
however, that if the non-performance is of a type that could not reasonably be cured within
said thirty (30) day period, then the non-performing party will not be in Default if it
commences cure within said thirty (30) day period and thereafter diligently pursues cure to
completion.
In the event a default continues and/or any dispute arises (for anything other than non-
payment) between the Parties, either party may request in writing that the issue be resolved
by mediation. If the parties are unable to resolve the dispute within ninety (90) days, then
either party will have the right to exercise any or all rights and remedies available to it in law
or equity. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and
reasonable attorneys' fees from the other party .
13. Venue and Choice of Law. Any action at law, suit in equity, or other judicial proceedings for
the enforcement of this Agreement or any provision thereof will be instituted only in the
courts of the State of Washington, Kitsap County. It is mutually understood and agreed that
this Agreement shall be governed exclusively by the laws of the State of Washington, both as
to interpretation and performance.
14. Assignment and Subcontractine. KCR may not assign, transfer, delegate, 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 at the sole discretion of the
City.
15. Severability. If any term or provision of this Agreement should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
will not affect the validity or constitutionality of any other term or provision of this
Agreement, and this Agreement will be construed in all respects as if such invalid or
otherwise unenforceable term or provision was omitted.
AFFORDABLE HOUSING SERVICES AGREEMENT Page 7 of8
Page 14 of 207
16. Independent Contractor. KCR is and will be at all times during the term of this Agreement
an independent contractor. Nothing in this Agreement will create an employee/employer
relationship between the Parties.
17. Independent Parties. The Parties to this Agreement, in the performance of it, will be acting in
their individual capacities and not as agents, employees, partners, joint ventures, or associates
of one another. The employees or agents of one party will not be considered or construed to
be the employees or agents of the other party for any purpose whatsoever.
18. Counterparts. This Agreement may be executed by the Parties using duplicate counterparts.
FOR KITSAP COMMUNITY RESOURCES
of AiI 20Lo
Jeff
FOR THE CITY OF PORT ORCHARD
Adopted this _ day of _,20_
Robert Putaansuu, Mayor
ATTE S T/AUTIIENTICATED :
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
AFFORDABLE HOUSING SERVICES AGREEMENT Page 8 of8
Page 15 of 207
EXHIBIT A
Statement of Work
The contract award will provide funds for the administration of the City of Port Orchards
Affordable Housing Program utilizing the Funds allocated to the City pursuant to SHB 1406 to
assist citizens of Port Orchard with rental assistance based on the following criteria:
o Must be a resident of the City of Port Orchard, WA
o Housing must be within the city limits of Port Orchard, WA
o Must be a Senior over the age of 62 or a Military Veteran
o lncome Verification (Household must be under 60% AMI
o Must have pay or vacate notice or homeless verification
o Must provide lease or sample lease if moving in
o Use the HUD definition of homelessness (Living ion street, shelter, car, place not meant
for habitation, or fleeing DV
Funds awarded can be used for the following:
o Rent or rent/utilities if utilities are included with rent
o Limited to no more than 52,000.00 per household
Kitsap Community Resources will maintain data in the HMIS system on this program and
provide quarterly reports to the City on the use of the funds and number of households served.
Page 16 of 207
us[mg Sslutt*ns Cerxter
of Kitsap il*unty
nNc
FullName:
{srrent Address {or Last Permanent Address if homeless}
Today's Date:
Street Address:City State:_ Zip Code:
Phsne #'1 Phone Email;
{HOMElCrrLlMEssAG{}iH()M[lcELLlMr.ssAGE]
List ALL household members below, starting with yourself as Head af Household
Fullf{ame
{Fint, Middle, last}Age Date af Blrth Social Securlty *
L
n?caj(?
Race
{W = White, 3:
8lack, A = Asian,
N: Native
American,
P - Pacific lslanden|
zl\t>tg
t!
NL
.eI
a
l!
=E
Orl
L\o. >t
Relationship To
You
SELF
Where did you stay last night? {Check ONE only}
il Non-housing {car. street, tent, etc.} il Emergency Shelter I Staying with Farnily I Staying with Friends
n Rental {apartment, house, etc.} il Hr:me you Own I Hotelor Moiel n Hospital [J Psychiatric Facility
l]5ubstanceAbuseFacilityilJailorPrisoni]TransitionalHousingl]0ther{please5pecify):-
How long have you stayed there?Monthly Rent Amount: $
lf less than 90 days, rarhere did ycu stay ths night before?
Were you referred to HSC by a school district; schocl eounselcr; andfor learning speelalist? fl Yes Ll lto
DidyoureceiveapaYorvacat€notice?ilYesiltlolfyE'howmuchdoyouowe?$-
Are you living on the streets, in an emergency shelter, or safe haven? fl Yes il No fl Don't Know
lf ygt what is the approxirnate date you started living cn the streets, in shelter, sr safe haven? J _J _
llow many tinnes have you lived on the streets, in shelter or safe hauen in the past three {31 ygars?
How many total rngnlbE have you lived on the streets, in shelter or safe haven in the past three {3} years?
Page 17 of 207
usIng SotutionE Certter
of Kitsap {*unty
Ooes your household have any of the following disabilities or bariers to housing? {Please answer ALL}
Physical Disability il Yes lI ttto il Don't Kncw
lf y*s, which household nnember{s}?Long'term physicaldisability? fl Yes I tto
Developmental Disability I ves tr No f] Don'r Know
If yes, which household member{s}? Does it limit your independence? I Yes il tto
Chronic Health Condition n ves I ttto I Don'i Know
lf yes, which household member{s}?Long-term Chronic llealth Condition? I Yes l-l tto
Mental Health lssue I Yes fi No il Don't Know
lf yes, which household member{s}?long-term mental health issue? [ Yes Il no
Substance Use lssue n Yes fl rvo fl Don't Know Please sheck one il Drug fl Alcohol t noth
long-term Substance Use lssue? [3 Yes I tttolf yes, which household member{s}?
Have you been a victim of domestic or intimate partner violence? [ Yes l] lto lf YfS, how long ago?
Are you Lr{rre.ntlv fleeing donrestic violence? n yes I trtc I Don't Know
List ALL household incsme helow, Please list each p-ersoil with incorne, each source of incgnlg, and the monthlv S amount,
Examples: Enployment, SSl, SSDi, Retirement, TANF, Unemplayment, Child Suppart, ett
Name Source of lncome Monthly Arnount
$
$
$
$
$
(
$Household Total:
Page 18 of 207
t{s[ng Ss[utisms (enter
nf Kit*ap f,*ua:ty
What Non-Cash Eenefits are your household currently receiving? {Check ALL that applyl
il t\tor\ir il sNsp {F00D sTAMps) Ll wrc il rRrur childcare
I other TANF Funded Services I Sectian s t] Temporary Rental Assistance
n Other iplease specify):_
X TANF Transportation
Check each Health lnsuranc€ type your household is receiving, and write the name{s} of who receives it. Please account for
ALf, household members,even those without health insurance. lf "Other", write the type of insurance in the parentheses.
n ruor covER[D [ [mployer Provided
n cosRR:[J MEnrcgtDlApple
il UfntCAnt: I Private lnsurance
n scHrp:I State Health lnsuranee for Adults
[] vg Medical: __* n other
lf your last permanent residenc€ was OUTSIDE Kitsap County, what is the main reason you came to Kitsap? {Check ONE only}
fl Returning to the Area f1 lo Help FamilylFriends I To Get Help From FamilylFriends n Better Cost of Living
il €mployment Opportunities il Education OBpCIrtufiities il ll'tllitary Connection I Offer of public Housing
[l Seeking MedieallReeovery Treatmeni il To Accers Social Services il Found Kitrap on lnternet
[JFleeingDomesticViolence[lAssignedbyD'o,C,[]other{speeifyi:
Were you contact*d by an Outreach Sperialist olrtside of this office? Yes / No
lf Yes, Where? [J FerryTerrninal ll Library l].lait il Drug Court tr KRc [1 Otympic College n Community [vent L] Other
Do you have any pets? [J Yes [ ruc lf so, how many?And what kind(s)?
lsanyoneinyourhouseholdpregnant?[YesnruolfYE.l,whenistheduedate?-
ls anyone in your hsusehsld a veteran, or the child or spouse sf a veteran? il Yes il Htc
Have you or any member of your household ever been convicted of a criminal offense? [ Yes l] ruo fl Don't Know
lf you checked "Yes", please explain:
Page 19 of 207
using Solutisns Center
of Kltsap County
(REQUIREDI: ln your own werds, what brought you into the Housing Solutions Center today?
I certify that I have provided the above information, which is accurate and true. I understand that I may be subject to eriminal prosecution if I
have knowingly provided false information. I aiss give my permission for this ag€ncy tc request/relsase necessary information that may
result in my receiving benefits and for reporting purpos€s. I understand that provision of my Social Security Number is necessary to avoid
duplicate assigtance benefit paynnents to the same applicant household and may also be used for incorne verification. I hereby authori:e
Housing Solutions Center of Kilsap County staff to use my Social 5ecurity Number for lho:e purposes only. I understand that Housing
Solutions Center of Kitsap County may request a \lfashington State background investigation before considering my application. By signing, I
grant permission for that investigation.
Applicant Signature
HSC Representstive Signcture gEfe_
Page 20 of 207
Kitsap Client Belease of lnformation and lnformed Consent Form
Washington State Homeless Management hformation System {HM15}
Kitsap HMIS Collaborative Agencies
This agency participates in the l/rlashington State Homeless Management lnfarmation System {HMls} by collecting
information, over tirne, about the characteristics and seruice needs of people fucing homel€ssness. fCW 43.l8SC.1gO
and RCtll t$t.185C.030
r To provide the most €ffectlv€ services in moving people from homelessness to permanent housing, we need an atcurate
count of all people experiencing hofielessness in Washington State. ln orde r to insure that clients are not count€d twice, we
need to collect four pieces of personal infsrmetion. Specifically, we need: name, blrth date, race/ethnicity. you may also
choose to provide yaur social security number. However, slgning this form does not require you to do so. your infor;.nation
will be stored in our database for 7 years after the last date of servlee. lfyou have questions about collection of data or your
rights regardin8 your personally identifuing information, coiltact the HMls sy5tem Administrator at: {350} 7?s-30?s
r We use strlct security pollcles designed to protect your privacy. Our computer system is highly secure and uses up-to-date
protection features such as daia encryption, passwords, and two-factsr authentication required for each system user. There is
a small risk of a sacurity breach, and sorneone might obtain and use your infirmation inapproprlately. lf you ever suspect the
data in HMIS has been misused, immedlat*ly contact the HM15 System Administrator at: {360} ZZS4AZ|
r The data ysu provide rnay be combined with date frorn the Washington State Department ol Social and Health Services iDSHS)
and Fducation Research and Data Center for the purpose of further analysis. Youf name anC p*.h3:Lidentffuine information will
not be included in anv rerorts or nublications. only a llmited number of staff rnembers, whc have slgned confidentiality
agreements, will be able to see thls infsrmaiion. Your iniormetion will not be lsed to deterrnine eliglblllty for DSHS programs,
Washingtcn State HMIS sy$ten admlnlstratcrs have full aceess to all information in HMIS. Thls includes the Department of
Comm€fce staff, designated fiMlS sysiem administrators. and the software vendor.
r By slSnlng this forrn, you acknowledge and allow Department of eommeree staff to obtain addltlonal records of inforrnation
from other state agencies wlth whlch there is a data sharlng agrgement {DSA} *n lile between Commerce and the other
ageney, Our D$A guldes data transfer and storage security protocols. lf DSA$ are in place, Commerce is authorized by you to
obtair, add to HMIS, and use for evaluation purposes any other data you have provided to other Washington state agencles.
' Y$ur dec-r;ion to mrtlcipgtejilie,l.lMls wi! not qffefl the oqalily sr_sqantrtv Ef services vou are elieihlg toGseive frsm this
ageney, and will not be used to deny outreaeh, assistance. shelter or housing, Hswever, lf you rio choose to participate,
services ln the region may lmprove if we have aciurat€ information abcut homeless individual: and the services they need.
Furthermore, some funders MAY require that you consent to pravlde your personally identifying infornatisn ln llMlS in order
for you to r€c€ive services from that funding source.
I underfind the above stat€mentt ddd ctni€nt lo the lndusiorr of personally identllying inforrnatlon in HMIS Bbout ma and any dep€nd€nts
llsted below, and aulhor&e informrticn {olleded to be shared wllh pattner agendes, toth state agencier and organirarlons th31 parlicipaie inlie Kitsrp fiMl$ Collsboritlve. I {ndentand that my personally ldentifing lnformatlon will nqt he made publlc and wil} only be ueed wlth
ttrict confidentiallty- I also underrtand $at I m|y wlthdrar* my cons€nt at any tlme by llllng a '€llent Revocation ol Consent, form with this
agency. I {nderstand that I may obtain a copy ol rny rigned coasent ism from this fuency (induding lorm: signed electronlcally}.
li4tORTAlrJT: Do not .tltsr persrnally identlfYlns informatlon into HMIS for dlents urhs are: 1f in DV agerriec or; Zl ctrrenlly lleelng cr ln
danger fiom a domestlc vlolenc€, dating dolence, sexual assauh or stalklng rltuadon;3) are belng served in a program that requires di.Josure
of HlVlAlDg stalus {i.e.; }IOPWA}; ar 4f under 13 wtth no pareni or guardian avalleble to cons€nt to €nter the minods infcnraiior in HMIS,lf thls applies to you, SIOF:anddp twtEisnthk farUt.
Dependent{s} First & Last Name{s}i--
Client Name:Date of Birth:
Signatare: Date: _
, HM|S#
NNCStaff Name:Signature:Agency:
Reviss.i fr/2{} I :l
Page 21 of 207
g"u s i n s 5o I uti f,?il,fi?*,*i
CONSENT TO SHARE INFONMATION WTTH PART}TERSHIT' AGHNCTSS
rLIASE &EAD THF. FOTLOWING CAREFUILY
The FIOU$ING SOLUTIOI{S CENTER {HSC), administered. by KITSAP COMMUNITY
RESURCES (KCR), is requesting yorlr permission to share your confidential information ard
recordg in crder to provide you wtth outreach gervices that are provicled by other programs and
agency.
You are not required tcr give y$ur coruent to share this confidential anrl personal inforrnatioru
If you dc agree to share your confideniiai irdormation and personal tccords, this informatien
will be shared with parbrering agencies in the communily antl only un a need*lo-know basis.
The sale purpose of rcvcaling this infarmation will be to enable &e HSC staff, under the
administration of Kitsap CarnrnuniSr Resources, to provide yau with appropriate external and
intema.l services.
If you dr: not consent to share your confidcntial iRfi:rmation and records, those recorris will
only be shared to the extent ailowed by statc anrl federal liw.
Your eligibility to participate in HK pr$gtarns does not depend on your agreement to share
your confidential inJon:ration and personal records with outside agencies.
lf you choose not to share your ccrnJidential information and personai rec*rds, including your
SCIcial Security Number, you may not be eligible for further services that require irrter-ageney
cooperation.
The information disclosed tcr the HSC parhrering agencies will notbe further re-clisclosed by
those agencies withoutyour specific authorization and further censent"
I agSee thata photocopy of this authorization firay be used for the purpose $tated above.
Signnhrte Date
ffi"ffi-
Page 22 of 207
$.* ri ns Scl uti f,?:,g??j,$t Homeless Grant Funding Application
Hcad of Household ONLY:
First Name :l,ast Name:Dale
Any tamilv member over thr: agc- of 60?
An-v lamily member under lhe age of 5?
Any fanrily member rrregnant?
In the last year have you:
YES NO
Been released from an inpatient chemical deperrdency program? What Facility?
When?
Been released fi'om an inpatient mental health facility? What l;acility?
When?
Used crisis service, including crisis cenlers or suicide prevention hotlines?
Are you currently?
YES NO
Are ycu currently enrolled in an outpatient ch*mical dependency prograrn'l What
fhcilitv?
Are you currently receiving treatment f"or a serious mental illness?
Drinking or using drugs ailer cornpleting a treatmenl program?
Experiencing violence or tbar for your sati:t-v in your househc'ld?
Ei&cled br- a develor:mental or learning disability?
Receiving lreatment fbr a chr:onir: medical condition?
ll'yes, what is the conrJition?
Having experienced any em*tional, physical, ps_vcholi:gical. sexual or cther ty'pe of
atruse nr lrauma which you have not sought help fbr, andlor which has causecl
homelessness?
Flave a permanent rrhysical disability that lirnits mobiliqr?
Have you:
YES NO
Been cclnvicted of a fblony in lhe past 3 years?
Ever been homeless lor a -vear or more or been hrimeless fur 3 or mors times?
lf you do not receive assistanre today and are homeless, where will you sleep tonight?
Select one, if you know:
Emergency shelter
ln a vehicle
Site withaut water or electricitv
With sorneone who is abusing ms or anr:ther rnember af my lamily
Monthly Househald Income
Page 23 of 207
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 28, 2020
Subject: Adoption of an Ordinance Delegating Authority Prepared by: Noah Crocker
to the Finance Director to Waive Late Fees, Finance Director
Penalties and Make Payment Arrangements as Atty Routing No.: N/A
Applicable Atty Review Date: N/A
Summary: The Governor has mandated that municipal utilities waive penalties for delinquent accounts
during the COVID-19 pandemic, and this Ordinance authorizes the Finance Director to comply with the
Governor's Order. This Ordinance applies to the water, sewer, and storm utility accounts of the City. It also
grants discretion to Finance for waivers in other contexts--once we are outside of the emergency period, we
are currently under--and the parameters for that discretion will be set by policy set by the Council. That
policy is currently in development, due to the limited resources and staff time addressing essential functions
and will be submitted to the Utility and Finance Committee for review in regular course.
Governor Inslee’s Proclamation 20-28: This item is [check all that apply]: × COVID-19 related; necessary
and routine, for the following reasons: by this action, the Council would be adopting legislation to allow the
City’s Finance Director discretion to waive penalties and fees for delinquent utility customers who are
suffering due to the fiscal impacts of the COVID-19 declared public health emergency. In addition, this
legislation is routine as it piggybacks recent legislation adopted by the Council (prior to the declared
emergency) and has been discussed with Council previously. This legislation is necessary to provide a much
needed relief to utility customers due to the fiscal impacts of the current public health crisis.
Recommendation: Staff recommends the Council approve the Utility Waiver Ordinance attached.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt an Ordinance delegating authority to the Finance director to
waive late fees, penalties and make payment arrangements as applicable in the attached ordinance.
Fiscal Impact: N/A
Alternatives: Do not approve Ordinance and provide alternative guidance
Attachments: Redline Ordinance and Clean Ordinance.
Page 24 of 207
ORDINANCE NO. _____________________________
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDINGDDING NEW SECTIONS 13.04.056 (“WAIVER AUTHORITY”)
AND 13.06.121 (“WAIVER AUTHORITY”) TO OF THE PORT ORCHARD
MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND PUBLICATION;
AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City’s Finance Department receives a number of requests from utility
customers throughout the year for relief from late penalties or finance arrangements due to
financial hardships, now exacerbated by the current declared state of emergency due to COVID-
19; and
WHEREAS, the City Council desires to provide flexibility and delegate authority to the
Finance Director to make arrangements with utility customers relating to the payment of utility
bills, fees, and penalties during a declared emergency and when warranted; and
WHEREAS, in some circumstances it is more cost-effective for the City to offer a
payment plan as settlement for a long-term, uncollectable debt, than to pursue legal remedies
against the debtor; and
WHEREAS, the City Council finds it is in the best interests of the City and its
residents to authorize the Finance Director, or his/her designee, to waive utility late
fees, penalties, and disconnection charges under certain conditions; and the following
conditions, and to make alternative utility payment arrangements under the following
conditions:
Where a utility account has not received a waiver in the previous 12 months;
or
In the event of a local, state, or federally declared emergency
(a) Where a utility account has been active for a minimum of 12 months; and
(b) Where a utility account has not been delinquent in the previous 12 months; or
Where a utility account has met the requirements of both (a) and (b), above, and the utility
customer has made arrangements with the City, prior to the date the billing is due, for
deferral of the payment of the bill or other payment arrangements.WHEREAS, the City Council
finds it is in the best interests of the City and its residents to authorize the Finance Director, or
his/her designee, to make alternative utility payment arrangements under the following
conditions:
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Page 25 of 207
Ordinance No. 005-19_________
Page 2 of 5
Where a utility account has not received an alternative payment arrangement in
the previous 12 months; or
As a result of a local, state, or federally declared emergencycertain conditions;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. A new section 13.04.056 shall be added to the Port Orchard Municipal Code
section 13.04.056 is hereby amended, which shall read to read as followsas follows:
Chapter 13.04.056 Waiver Authority.
WAIVER AUTHORITY
The Finance Director, or his/her designee, at his/her discretion, shall have the authority to
adjust or waive utility late fees, penalties, and/or disconnection charges u during a local, state
or federally declared emergency; or in the case of errors or other similar extenuating
circumstances, as long as thender the following conditions:
Wher e a utilityutility account has not received a waiver in the previous twelve (12) months. ; or
In the event of a local, state, or federally declared emergency
The Finance Director, or his/her designee, at his/her discretion, shall have the authority
to make alternative utility payment arrangements during a local, state or federally declared
emergency; or in the case of errors or other similar extenuating circumstances, as long as the
utility account has not received an alternative utility payment arrangement in the previous
twelve (12) months. under the following conditions:
, and to make alternative utility payment arrangements under the following conditions:
(1) Where a utility account has been active for a minimum of 12 months; and
(2) Where a utility account has not been delinquent in the previous 12 months; or
(3) Where a utility account has met the requirements of both (a) and (b), above, and the utility
customer has made arrangements with the City, prior to the date the billing is due, for deferral
of the payment of the bill or other payment arrangements.
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Page 26 of 207
Ordinance No. 005-19_________
Page 3 of 5
SECTION 2. A new section 13.06.121 shall be added to the Port Orchard Municipal Code, which
shall read as follows:
Chapter 13.06.121
WAIVER AUTHORITY
The Finance Director, or his/her designee, at his/her discretion, shall have the authority to
waive utility late fees, penalties, and/or disconnection charges, and to make alternative utility
payment arrangements under the following conditions:
Where a utility account has not received an alternative payment arrangement in the previous
12 months; or
As a result of a local, state, or federally declared emergency
(1) Where a utility account has been active for a minimum of 12 months; and
(2) Where a utility account has not been delinquent in the previous 12 months; or
(3) Where a utility account has met the requirements of both (a) and (b), above, and the
utility customer has made arrangements with the City, prior to the date the billing is due, for
deferral of the payment of the bill or other payment arrangements.
nNow, therefore,
SECTION 2. A new sectionPort Orchard Municipal Code section 13.06.121 shall be
added to the Port Orchard Municipal Code, which shallmended to read as follows:
Chapter 13.06.121 Waiver Authority.
T
he Finance Director, or his/her designee, at his/her discretion, shall have the authority
to adjust or waive utility late fees, penalties, and/or disconnection charges during a local, state
or federally declared emergency; or in the case of errors or other similar extenuating
circumstances, as long as the utility account has not received a waiver in the previous twelve
(12) months.
The Finance Director, or his/her designee, at his/her discretion, shall have the authority
to make alternative utility payment arrangements during a local, state or federally declared
emergency; or in the case of errors or other similar extenuating circumstances, as long as the
utility account has not received an alternative utility payment arrangement in the previous
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Ordinance No. 005-19_________
Page 4 of 5
twelve (12) months.The Finance Director, or his/her designee, at his/her discretion, shall have
the authority to waive utility late fees, penalties, and/or disconnection charges under the
following conditions:
Where a utility account has not received a waiver in the previous 12 months; or
In the event of a local, state, or federally declared emergency
The Finance Director, or his/her designee, at his/her discretion, shall have the authority to
make alternative utility payment arrangements under the following conditions:
Where a utility account has not received an alternative payment arrangement in the
previous 12 months; or
As a result of a local, state, or federally declared emergency
The Finance Director, or his/her designee, at his/her discretion, shall have the authority to
waive utility late fees, penalties, and/or disconnection charges, and to make alternative utility
payment arrangements under the following conditions:
Where a utility account has been active for a minimum of 12 months; and
Where a utility account has not been delinquent in the previous 12 months; or
Where a utility account has met the requirements of both (a) and (b), above, and the
utility customer has made arrangements with the City, prior to the date the billing is due, for
deferral of the payment of the bill or other payment arrangements.
SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
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Page 28 of 207
Ordinance No. 005-19_________
Page 5 of 5
SECTION 4. Ratification. The City Council hereby ratifies and affirms any act consistent
with the authority and prior to the effective date of this Ordinance.
SECTION 54. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 65. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 22nd 28th__ day of January April
202019.
Robert Putaansuu, Mayor
ATTEST: SPONSOR:
Brandy Rinearson, MMC, City Clerk John Clauson, Councilmember
APPROVED AS TO FORM:
Sharon CatesCharlotte A. Archer, City Attorney
PUBLISHED: FebruaryApril 21, 201920
EFFECTIVE DATE: FebruaryApril 286, 201920
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Page 29 of 207
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING SECTIONS 13.04.056 (“WAIVER AUTHORITY”) AND
13.06.121 (“WAIVER AUTHORITY”) OF THE PORT ORCHARD MUNICIPAL
CODE; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING
AN EFFECTIVE DATE.
WHEREAS, the City’s Finance Department receives a number of requests from utility
customers throughout the year for relief from late penalties or finance arrangements due to
financial hardships, now exacerbated by the current declared state of emergency due to COVID-
19; and
WHEREAS, the City Council desires to provide flexibility and delegate authority to the
Finance Director to make arrangements with utility customers relating to the payment of utility
bills, fees, and penalties during a declared emergency and when warranted; and
WHEREAS, in some circumstances it is more cost-effective for the City to offer a
payment plan as settlement for a long-term, uncollectable debt, than to pursue legal remedies
against the debtor; and
WHEREAS, the City Council finds it is in the best interests of the City and its residents to
authorize the Finance Director, or his/her designee, to waive utility late fees, penalties, and
disconnection charges under certain conditions; and
WHEREAS, the City Council finds it is in the best interests of the City and its residents to
authorize the Finance Director, or his/her designee, to make alternative utility payment
arrangements under certain conditions; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Port Orchard Municipal Code section 13.04.056 is hereby amended to read
as follows:
Chapter 13.04.056 Waiver Authority.
The Finance Director, or his/her designee, at his/her discretion, shall have the authority
to adjust or waive utility late fees, penalties, and/or disconnection charges during a local, state
or federally declared emergency; or in the case of errors or other similar extenuating
circumstances, as long as the utility account has not received a waiver in the previous twelve
(12) months.
Page 30 of 207
Ordinance No.
Page 2 of 3
The Finance Director, or his/her designee, at his/her discretion, shall have the authority
to make alternative utility payment arrangements during a local, state or federally declared
emergency; or in the case of errors or other similar extenuating circumstances, as long as the
utility account has not received an alternative utility payment arrangement in the previous
twelve (12) months.
SECTION 2. Port Orchard Municipal Code section 13.06.121 shall be amended to read as
follows:
Chapter 13.06.121 Waiver Authority.
The Finance Director, or his/her designee, at his/her discretion, shall have the authority
to adjust or waive utility late fees, penalties, and/or disconnection charges during a local, state
or federally declared emergency; or in the case of errors or other similar extenuating
circumstances, as long as the utility account has not received a waiver in the previous twelve
(12) months.
The Finance Director, or his/her designee, at his/her discretion, shall have the authority
to make alternative utility payment arrangements during a local, state or federally declared
emergency; or in the case of errors or other similar extenuating circumstances, as long as the
utility account has not received an alternative utility payment arrangement in the previous
twelve (12) months.
SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 4. Ratification. The City Council hereby ratifies and affirms any act consistent
with the authority and prior to the effective date of this Ordinance.
SECTION 5. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 28th day of April 2020.
Robert Putaansuu, Mayor
Page 31 of 207
Ordinance No.
Page 3 of 3
ATTEST: SPONSOR:
Brandy Rinearson, MMC, City Clerk John Clauson, Councilmember
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Page 32 of 207
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 28, 2020
Subject: Adoption of an Ordinance Reclassifying the Prepared by: Nick Bond, AICP
Property Located at 2843 Harold Drive SE DCD Director
from Commercial Mixed Use to Business to Atty Routing No.: N/A
Professional Mixed Use Atty Review Date: N/A
Summary: The City received an application for a site-specific rezone for the property addressed as 2843 Harold
Drive SE to change from Commercial Mixed Use (CMU) to Business Professional Mixed Use (BPMU). The City of
Port Orchard Hearing Examiner held a public hearing consistent with the requirements of POMC 20.22.060 on
January 30, 2020 and issued a Recommendation for consideration by the City Council on February 13, 2020. The
proposed rezone will correct a non-conforming use and building type that would prevent the current resident of
the home from rebuilding in the event of a total loss.
Background: The subject property addressed as 2843 Harold Drive SE is comprised of one tax parcel located at the
northeast corner of the intersection of Harold Drive SE and SE Lundberg Road. The proposal consists of a site-
specific rezone of the subject property from Commercial Mixed Use (CMU) to Business Professional Mixed Use
(BPMU). The subject property is currently developed with a single-family detached house which is not a permitted
use in the CMU district. The BPMU designation allows detached houses as a permitted use and office uses but
does not allow certain more intense uses otherwise permitted in the CMU district.
Prior to annexation in April 2012 while in Kitsap County’s jurisdiction, the subject property was designated with
Commercial zoning. Upon the April 2012 annexation, the City of Port Orchard City Council adopted zoning which
most closely resembled Kitsap County zoning designations prior to annexation. The City Council attempted not to
reclassify annexed properties with dissimilar zoning that they previously possessed. The subject property was
designated Commercial on the City of Port Orchard Zoning map and was subject to the standards found in Port
Orchard Municipal Code (POMC) Title 16. It is important to note that single-family residential was not a permitted
use in the Commercial zone under POMC Title 16. However, non-conforming properties may continue under
certain conditions generally related to the limitation of increasing degrees of non-conformity.
On March 27, 2019 the City of Port Orchard revised zoning classifications and added additional zones which fall
under the Residential, Commercial and Industrial Comprehensive Plan land use designations. Similar to the
process taken upon annexation, the City of Port Orchard attempted to match the previous zones with the new
classifications while being mindful of the ultimate urban form and land use patterns derived through the new
zoning designations in implementation of the City’s Comprehensive Plan. In this instance, the subject property
was designated as CMU which allows for multi-family development as well as certain commercial uses, but still
does not allow the development of single-family detached houses which creates a non-conforming use of the
property.
Page 33 of 207
Staff Report 7B
Page 2 of 2
The March 27, 2019 Port Orchard Municipal Code is a form-based code which addresses permitted building
types in addition to permissible land uses. The CMU designation does not permit detached houses as an
allowed building type nor single-family detached residential as a permitted use as described in POMC
20.35.030(2) and 20. 20.39.040 respectively.
The primary issue of concern for the applicant is the ability to reconstruct and continue the use of the non-
conforming structure in the event of destruction. In the event of destruction which exceeds 50% of the
replacement cost of the structure, the structure shall only be reconstructed in conformity with the POMC. As
described above, the owner would not be able to reconstruct a detached house as it is not a permitted
building type nor a permitted use in the CMU district in the event of destruction exceeding 50% of the its
replacement cost.
The BPMU district allows the development of detached houses and single-family detached residential as an
allowable building type and permitted use. The site-specific rezone would allow the development of a
detached house in the event of destruction greater than 50% of the replacement cost as it would be a
conforming use. While certain commercial uses are still permitted in the BPMU district, those commercial
uses are generally less intensive, consisting mostly of office uses, than those found in the CMU zone.
The City’s State Environmental Policy Act Responsible Official issued a Determination of Nonsignificance for
the proposal on December 23, 2019.
Governor Inslee’s Proclamation 20-28: This item is necessary and routine, for the following reasons: First,
applications for site-specific rezones are subject to Port Orchard Municipal Code (POMC) 20.24.110(3) which
requires the City to issue a Notice of Decision within 120 days of the issuance of a determination of complete
application. In this instance, the site-specific rezone application was deemed complete on December 3, 2019
and beyond 120 days of complete application. Accordingly, it is necessary to issue a Notice of Decision at this
time. Second, the public hearing on this application was held prior to the COVID-19 crisis, and prior to
Governor Inslee’s issuance of Proclamation 20-28. The public had the opportunity to publicly comment on
this application in an open meeting noticed to the public. Third, it is common and routine for the City to
receive and consider the recommendations of the City’s Hearing Examiner on site-specific rezone requests.
Recommendation: Adoption of an ordinance, granting approval of the site-specific rezone from Commercial
Mixed Use to Business Professional Mixed Use.
Motion for consideration: I move to adopt an ordinance, as presented, granting approval of the site-
specific rezone from Commercial Mixed Use to Business Professional Mixed Use for the property addressed
as 2843 Harold Drive SE.
Fiscal Impact: Potential redevelopment of the property will allow for a variety of residential structures which
may yield income from building permit fees.
Alternatives: Approval with added conditions.
Attachments: Ordinance, Hearing Examiner Recommendation, Zoning Map.
Page 34 of 207
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
THE OFFICIAL ZONING MAP OF THE CITY OF PORT ORCHARD; RECLASSIFYING
THE PROPERTY LOCATED AT 2843 HAROLD DRIVE SE FROM COMMERCIAL MIXED
USE TO BUSINESS PROFESSIONAL MIXED USE ZONING DESIGNATION, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Kenneth and Tara Snook (the “Applicants”) are the owners of 1.05-acre
parcel located at 2843 Harold Drive SE in the City of Port Orchard (the “Property”); and
WHEREAS, Applicants submitted a complete application for reclassification of their
Property from the zoning designation “Commercial Mixed Use” to “Business Professional Mixed
Use” in order to rectify an existing non-conforming use; and
WHEREAS, the Business Professional Mixed Use zoning designation is appropriate in
areas designated as Commercial within the City of Port Orchard Comprehensive Plan Land Use
Element; and
WHEREAS, the request to reclassify the Property has been reviewed and processed
pursuant to Port Orchard Municipal Code Chapter 20.42; and
WHEREAS, on January 30, 2020, the Hearing Examiner held a public hearing on the
request; and
WHEREAS, on February 13, 2020, the Hearing Examiner issued his Findings, Conclusions
and Recommendation to the City Council, recommending approval of the request for
reclassification; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Adoption of Recommendation. The City Council adopts the Findings and
Conclusions, and Recommendation issued by the Hearing Examiner in “In Matter of the
Application of Kenneth and Tara Snook for Approval of a Site-Specific Rezone,” No. LU19-
REZONE-1, attached to this Ordinance as Exhibit A (“Hearing Examiner’s Recommendation”).
The City Council further accepts the recommendation of the Hearing Examiner’s
Recommendation, which is to grant a zone reclassification of the property located at 2843
Harold Drive SE (“Property”), from “Commercial Mixed Use” to “Business Professional Mixed
Use.” The Property and its new approved zone designation is shown on Exhibit B attached to
this Ordinance.
SECTION 2. Zone Reclassification. Pursuant to POMC 20.42.040, and consistent with
Section 1 of this Ordinance, the City Council amends the “Official Zoning Map of the City of Port
Page 35 of 207
Ordinance No. _______
Page 2 of 2
Orchard” by changing the zone designation for the Property from “Commercial Mixed Use” to
“Business Professional Mixed Use.”
SECTION 3. No Expiration. Pursuant to POMC 20.42.050(1)(b), it is the intent of the City
Council that this approval shall not expire.
SECTION 4. 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 5. Effective Date. This ordinance shall be in full force and effect five (5) days
after posting and publication 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 28th day of April 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
Not Applicable
Charlotte A. Archer, City Attorney Councilmember
PUBLISHED DATE:
EFFECTIVE DATE:
Page 36 of 207
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Harold Drive House Rezone, No. LU19-REZONE-1
Page 1 of 10
BEFORE THE HEARING EXAMINER
FOR THE CITY OF PORT ORCHARD
In the Matter of the Application of ) No. LU19-REZONE-1
)
Kenneth and Tara Snook ) Harold Drive House Rezone
)
) FINDINGS, CONCLUSIONS,
For Approval of a Site-Specific Rezone ) AND RECOMMENDATION
SUMMARY OF RECOMMENDATION
The Hearing Examiner recommends that the City Council APPROVE the request to rezone the
1.05-acre residential property at 2843 Harold Drive SE from the “Commercial Mixed Use”
zoning designation to the “Business Professional Mixed Use” zoning designation.
SUMMARY OF RECORD
Hearing Date:
The Hearing Examiner held an open record hearing on the request on January 30, 2020.
Testimony:
The following individuals presented testimony under oath at the open record hearing:
James Fisk, City Associate Planner
Kenneth Snook, Applicant
Tara Snook, Applicant
Exhibits:
The following exhibits were admitted into the record:
1. Application Materials:
A. Master Permit Application Form, received November 4, 2019
B. Site-Specific Rezone Application, received November 4, 2019
C. Project Narrative, received November 4, 2019
D. Aerial Site Map, undated
E. SEPA Environmental Checklist Application Form, received November 4, 2019
F. Comprehensive Plan Map, dated June 26, 2018
2. Transmittal Letter, dated November 5, 2019
3. Revised Application Materials:
A. Revised Master Permit Application Form, received November 20, 2019
B. Title Report, No. E2019-403741, dated November 18, 2019
4. Transmittal Letter, dated November 22, 2019
5. Determination of Technical Completeness, dated December 3, 2019
6 Notice of Application, dated December 6, 2019
7. Affidavit of Mailing (Notice of Application), dated December 6, 2019
Page 37 of 207
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Harold Drive House Rezone, No. LU19-REZONE-1
Page 2 of 10
8. Affidavit of Posting (Notice of Application) dated December 6, 2019
9. Affidavit of Publication (Notice of Application), Port Orchard Independent, dated
December 6, 2019, with Classified Proof, published December 6, 2019
10. Determination of Nonsignificance, issued December 23, 2019
11. Statutory Warranty Deed (No. 201911180208), recorded November 18, 2019, with
Homeowner’s Title Insurance Policy, dated November 18, 2019
12. Affidavit of Posting (Notice of Hearing), dated January 9, 2020
13. Notice of Public Hearing, undated
14. Affidavit of Mailing (Notice of Hearing), dated January 10, 2020
15. Affidavit of Publication, dated January 10, 2020; Classified Proof, Peninsula Daily News,
published January 10, 2020
16. Staff Report, dated January 16, 2020
The Hearing Examiner enters the following findings and conclusions based upon the testimony
and exhibits admitted at the open record hearing:
FINDINGS
Background
1. The subject property is approximately 1.05-acres and contains a single-family residence
constructed in 1948. The property was zoned “Commercial” by Kitsap County prior to
its annexation by the City of Port Orchard (City) in April 2012. With annexation, the
City Council adopted zoning for the project site which most closely resembled the
associated zoning designation under Kitsap County. Accordingly, the property was
zoned “Commercial” at that time – a zoning classification that prohibits single-family
residential development. As a preexisting, nonconforming use, however, the single-
family residence on the property was allowed to remain. On March 27, 2019, the City
revised its zoning classifications for the area and added additional zoning classifications
which would fall under the Residential, Commercial, or Industrial designations of the
City’s Comprehensive Plan. Again, the City attempted to match previously zoned
properties in the impacted area with the new classifications. This led to the subject
property being rezoned as “Commercial Mixed Use” (CMU), a zoning designation which
does not allow for single-family residential development. Again, however, as a
preexisting, nonconforming use, the single-family residence on the property was allowed
to remain following the rezone. Exhibit 16, Staff Report, page 3.
Application and Notice
2. Kenneth and Tara Snook (Applicant) request a site-specific reclassification (rezone) of a
1.05-acre parcel from the “Commercial Mixed Use” (CMU) zone to the “Business
Professional Mixed Use” (BPMU) zone. The property is located at 2843 Harold Drive
SE.1 Exhibit 1.B; Exhibit 3.A; Exhibit 16, Staff Report, page 1.
1 The subject property is identified by tax parcel number 4625-000-004-0102. Exhibit 13; Exhibit 16, Staff
Report, page 1. A legal description is included with the project narrative. Exhibit 1.C.
Page 38 of 207
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Harold Drive House Rezone, No. LU19-REZONE-1
Page 3 of 10
3. The City determined that the site-specific rezone application was complete on December
3, 2019. On December 6, 2019, the City mailed notice of the application to owners of
property surrounding the subject property and published notice of the application in the
Port Orchard Independent. On the same day the Applicant had notice posted on the
subject property. On January 9, 2020, the Applicant had notice posted on the property.
The next day the City mailed or emailed notice of the public hearing associated with the
application to surrounding property holders in accordance with City ordinances and
published notice of the hearing in the Port Orchard Independent. The City received no
public comments or comments from reviewing government departments and agencies in
response to its notice materials. Exhibits 5 through 9; Exhibits 12 through 15; Exhibit 16,
Staff Report, pages 1 and 15.
State Environmental Policy Act
4. The City acted as lead agency and analyzed the environmental impacts of the proposed
rezone, as required by the State Environmental Policy Act (SEPA), Chapter 43.21C
RCW. The City reviewed information submitted by the Applicant and other information
on file and determined that the project would not have a probable significant adverse
impact on the environment and that an environmental impact statement was not required.
The City used the optional Determination of Nonsignificance (DNS) process, under
Washington Administrative Code (WAC) 197-11-355, and provided notice of the
threshold determination with the notice of application, which noted that the City expected
to issue a DNS. The City issued the DNS on December 23, 2019, with an appeal
deadline of January 6, 2020. No appeals were filed. Exhibit 1.E; Exhibit 6; Exhibit 10;
Exhibit 16, Staff Report, page 15.
5. The site contains and is adjacent to areas with potential for wetlands. Because approval
of the site-specific rezone does not involve any development, the City determined that a
wetland report is not required at this time. Critical areas would be reviewed at the time of
any proposed development. Exhibit 16, Staff Report, page 14.
Comprehensive Plan and Zoning
6. The City revised its Comprehensive Plan in November 2019. The City designates the
subject property and surrounding properties to the north, east, and south as Commercial.
Properties to the west are designated Medium Density Residential. Uses within the
Commercial designation include retail, office, mixed-use commercial/residential, and
professional services. Comprehensive Plan, Sec. 2.4, Table 1 (Revised November 2019).
Exhibit 1.F; Exhibit 16, Staff Report, pages 2 and 4.
7. City staff reviewed the proposal and identified several Comprehensive Plan goals and
policies as applicable to the rezone, including:
Retaining the City’s small town commercial and residential character while
accommodating allocated growth citywide. [Land Use Goal 1]
Page 39 of 207
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Harold Drive House Rezone, No. LU19-REZONE-1
Page 4 of 10
Ensuring that sufficient land is available for development to accommodate
allocated growth in population and employment. [Land Use Goal 2]
Protecting, enhancing, and maintaining the values and functions of the City’s
natural areas, open spaces, and critical areas. [Land Use Goal 5]
Encouraging the development of active, vibrant, and attractive destinations
throughout the community. [Land Use Goal 7]
Ensuring that the City’s housing stock responds to changes in desired housing
types based on demographic trends and population growth. [Housing Goal 1]
Ensuring that housing is affordable and available to all socioeconomic levels of
the City’s residents. [Housing Goal 2]
Promoting the efficient use of residential land in order to maximize development
potential. [Housing Goal 5]
Supporting a diversified economy that provides primary living wage jobs for
residents, supported by adequate land for a range of employment uses, and which
encourages accomplishment of local economic development goals. [Economic
Development Goal 1]
Exhibit 16, Staff Report, pages 4 through 6.
8. The property is currently zoned Commercial Mixed Use (CMU), as are surrounding
properties to the north, east, and south. Properties to the west are zoned Residential 3
(R3). The CMU zone is “intended to accommodate a broader range of residential and
nonresidential activity than neighborhood mixed use” and auto-oriented uses are
restricted to promote walkability. Port Orchard Municipal Code (POMC) 20.35.030(1).
The types of buildings allowed in the CMU zone include: townhouses, apartments, live-
work buildings, shopfront homes, single-story shopfronts, mixed use shopfronts and
general commercial buildings. POMC 20.35.030(1). Commercial mixed use should be
applied in areas where the existing or proposed land use pattern promotes mixed use and
pedestrian-oriented activity and may be applied in areas designated commercial in the
comprehensive plan. POMC 20.35.030(1). Exhibit 16, Staff Report, pages 1 through 4.
9. Chapter 36.70A Revised Code of Washington (RCW) mandates that zoning
classifications should be consistent with Comprehensive Plan designations. The City’s
Comprehensive Plan Commercial designation includes both the CMU and Business
Professional Mixed Use (BPMU) zoning districts. The BPMU zone is intended to
accommodate mixed use development as well as a mix of uses that are oriented around
the existing areas of medical, business professional, and residential uses and structures.
POMC 20.35.025(1). Development in this zone is sought at a scale appropriate for uses
ranging from single-family detached to large medical buildings with larger buildings to
be designed to be more compatible with smaller structures. POMC 20.35.025(1). Exhibit
1.C; Exhibit 16, Staff Report, pages 2 and 4.
Page 40 of 207
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Harold Drive House Rezone, No. LU19-REZONE-1
Page 5 of 10
Existing and Surrounding Property
10. The existing property contains a non-conforming detached historic residence constructed
in 1948 on one of the original Port Orchard homesteads. Access is from Harold Drive
SE. A detached house is not listed as an allowed use in the CMU zone. POMC
20.35.030(2). As an existing non-conforming structure in the CMU, it could not be
rebuilt if destruction exceeded 50 percent of its replacement cost. The Applicant
submitted a project narrative describing surrounding property as purchased by a public
entity and that the change to BPMU zoning would allow more redevelopment potential in
the future for the subject property. Exhibit 1.C; Exhibit 16, Staff Report, pages 2 and 4.
11. The developed portion of the site is buffered by a natural critical area located to the east.
Property to the south contains a self-storage facility. The single-family residence located
on the property faces a single-family residential development to the west. Both are
separated from the subject property by improved roads. Properties to the north are zoned
CMU and undeveloped. Exhibit 16, Staff Report, page 12.
Rezone Criteria
12. City staff reviewed the proposed site-specific rezone request against the required criteria
for a rezone in POMC 20.42.030 and determined:
The proposed rezone would be consistent with the Comprehensive Plan and
purpose of the proposed zoning district.
The zoning history includes Commercial zoning by Kitsap County prior to
annexation.
The proposed rezone would allow uses that are less intense than in the CMU
zone.
Unless additional development occurs, no additional buffering is required.
No new parcel boundaries would be created.
The proposed rezone would have no significant impacts on housing or public
services.
No additional environmental factors were identified.
There is no change in land use that would impact pedestrian safety.
Although the rezone would reduce employment intensity, this is not considered a
significant impact.
With the rezone, the character of the property would not change, whereas if the
zone remained CMU, reconstruction of the non-conforming single-family
residence would not be allowed if more than 50 percent of the home were
destroyed. The structure is not a registered historical site, nor is it located in a
shoreline view area.
No additional impact on service capacities was identified.
The City determined that Kitsap County has acquired bordering property limiting
the opportunity for consolidation and large-scale development on-site. The City
Page 41 of 207
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Harold Drive House Rezone, No. LU19-REZONE-1
Page 6 of 10
determined that the BPMU zone is more compatible with the surrounding
properties and future development of the site.
The proposed rezone would not have an adverse impact on the critical area
wetlands located on the property. Any future proposed development would
address any impacts and would be subject to the critical areas ordinance in effect
at the time of development application.
Exhibit 16, Staff Report, pages 10 through 13.
13. The City staff determined that that proposed rezone would be consistent with the
Comprehensive Plan goals and policies, and with the City’s long-term Comprehensive
Plan direction. No other site-specific rezone applications have been requested in the
immediate area. Exhibit 16, Staff Report, pages 4, 12, and 15.
Testimony
14. City Associate Planner James Fisk testified generally about the proposal, the history of
the project site, and why a rezone would be necessary to ensure that future redevelopment
of the site as a residential property is necessary in case of significant damage or
destruction. Testimony of Mr. Fisk.
15. Applicant Kenneth Snook testified that the existing residence is one of the original Port
Orchard homesteads and, because of this, the commercial designation and zoning for the
property have never made sense. He testified that he and his wife are seeking the site-
specific rezone to protect their investment in the property. Applicant Tara Snook concurred
with Mr. Snook’s testimony. Testimony of Mr. Snook; Testimony of Mrs. Snook.
Staff Recommendation
16. Mr. Fisk testified that the City recommends approval of the proposed site-specific rezone
without conditions. Exhibit 16, Staff Report, page 16; Testimony of Mr. Fisk.
CONCLUSIONS
Jurisdiction
The City of Port Orchard Hearing Examiner has jurisdiction to hold a hearing on rezone
applications that are not part of the Comprehensive Plan Amendment process. Based on the
evidence in the record, the Hearing Examiner shall make a recommendation to the City Council as
to whether the proposed rezone meets the criteria in POMC 20.42.030. POMC 2.76.080; POMC
2.76.100; POMC 2.76.110; POMC Table 20.22.020, -.060(5); POMC 20.42.010(2), - 040(5).
When reviewing a rezone application, the Hearing Examiner does not review development
proposals. Rather, the role of the Hearing Examiner is to review the rezone request to ensure
compliance with the site-specific rezone criteria found in POMC 20.42.030. The City Council
then reviews the Hearing Examiner’s recommendation and may hold an additional hearing on the
site-specific rezone application at its discretion. The City Council’s approval, modification,
deferral, or denial of a site-specific rezone application shall be based on the criteria set forth in
Page 42 of 207
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Harold Drive House Rezone, No. LU19-REZONE-1
Page 7 of 10
POMC 20.42.030. If a quasi-judicial rezone is approved, the city council will subsequently
adopt an ordinance amending the city’s official zoning map to be consistent with their final
decision on the rezone application. POMC 20.42.040(6).
Criteria for Review
POMC 20.42.030 sets forth general provisions and criteria the Hearing Examiner must use to
evaluate a request for a site-specific rezone. A request for a rezone shall only be approved upon
compliance with the following review criteria:
(1) The following general provisions shall apply to review of all site-specific rezone
applications:
(a) There is no presumption of validity favoring the action of rezoning;
(b) The proponents of the rezone have the burden of proof to demonstrate that conditions
have changed since the original zoning; and
(c) The rezone must bear a substantial relationship to the public health, safety, morals or
welfare.
(2) Criteria for Review. In addition to the general criteria in subsection (1) of this section, the
city shall review applications for site-specific rezone applications and issue approval of
said applications pursuant to the following criteria:
(a) Consistency with the existing comprehensive plan (the comprehensive plan that
has been approved and is in place at the time the application was submitted);
(b) Consistency with the purpose of the proposed zoning district;
(c) Consistency between zone criteria and area characteristics;
(d) Zoning history and precedential effect. Previous and potential zoning changes
both in and around the area identified in the application shall be examined;
(e) The impact of more intense zones on less intense zones or industrial and
commercial zones on other zones shall be minimized by the use of transitions or
buffers in the more intense zone, if possible. A gradual transition between zoning
categories, including height limits, is preferred;
(f) Physical buffers may provide an effective separation between different uses and
intensities of development. The following elements may be considered as buffers:
(i) Natural features such as topographical breaks, lakes, rivers, streams,
ravines and shorelines;
(ii) Freeways, other major traffic arterials and railroad tracks;
(iii) Distinct change in street layout and block orientation;
(iv) Open space and greenspaces suitable in area to mitigate against more
intense uses;
(v) Zone boundaries;
(g) In establishing boundaries, the following elements shall be considered:
(i) Physical buffers as described in subsection (2)(f) of this section; and
(ii) Platted lot lines;
Page 43 of 207
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Harold Drive House Rezone, No. LU19-REZONE-1
Page 8 of 10
(h) Boundaries between commercial and residential areas shall generally be
established so that commercial uses face each other across the street on which
they are located, and face away from adjacent residential areas. An exception may
be made when physical buffers can provide a more effective separation between
uses;
(i) Impact Evaluation. The evaluation of the changes that would result from approval
of the application shall consider the possible negative and positive impacts on the
affected area and its surroundings. Factors to be examined include, but are not
limited to, the following:
(i) Housing;
(ii) Public services;
(iii) Environmental factors, such as noise, air and water quality, terrestrial and
aquatic flora and fauna, glare, odor, shadows and energy conservation;
(iv) Pedestrian safety;
(v) Manufacturing activity;
(vi) Employment activity;
(vii) Character of areas recognized for architectural or historic value;
(viii) Shoreline view, public access and recreation;
(ix) Service Capacities. Development which can be reasonably anticipated
based on the proposed development potential shall not exceed the service
capacities which can reasonably be anticipated in the area, including:
street access to the area; street capacity in the area; transit service; parking
capacity; utility and sewer capacity; shoreline navigation;
(x) Population and employment allocations as established through the
countywide planning policies;
(xi) Changed Circumstances. Consideration of changed circumstances shall be
limited to elements or conditions included in the criteria for the relevant
zone designations in the zoning code;
(xii) Critical Areas. If the area is located in or adjacent to a critical area, the
effect of the rezone on the critical area shall be considered.
POMC 20.42.030.
Conclusions
1. The rezone would meet the general site-specific rezone provisions of POMC
20.42.030(1) and rezone criteria of POMC 20.030(2)(a)-(c). The City provided
reasonable notice of the application and hearing. No public comments or comments from
reviewing government departments or agencies were received in response to the City’s
notice materials. The property was zoned Commercial by Kitsap County and annexed
into the City. In 2019, the City rezoned the property to CMU, resulting in the ongoing
non-conforming status of the existing residential structure on the property. The
Applicant requested that the property be rezoned to BPMU, a zoning district consistent
with the City’s Comprehensive Plan Commercial designation for this area that would also
Page 44 of 207
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Harold Drive House Rezone, No. LU19-REZONE-1
Page 9 of 10
allow ongoing (or future) single-family residential development on the property.
Findings 1 – 16.
2. The rezone would meet the rezone criteria of POMC 20.030(2)(d) and (e). No other
site-specific rezones have been applied for in the immediate area. The proposed rezone
would not set a precedent, as the purpose is to allow the non-conforming single-family
residence to be rebuilt in the event of destruction of over 50 percent. Permitted uses in
the BPMU zone are less intensive than in the CMP zone. Findings 1, 2, 9, 11, and 12.
3. The rezone would meet the rezone criteria of POMC 20.030(2)(f). The developed
portion of the site is buffered by a natural critical area located to the east. No additional
buffering was identified, as properties to the west and south are separated by roadways.
Properties to the north are zoned CMU and undeveloped. Findings 2, 4, 5, 11, and 12.
4. The rezone would meet the rezone criteria of POMC 20.030(2)(g) and (h). The
proposed rezone would apply to the entire parcel and existing platted lot lines. The
existing single-family residence faces residential properties to the west of the subject
properties. The developed portion of the site is buffered by a natural critical area located
to the east. Findings 1, 2, 10, 11 and 12.
5. The rezone would meet the rezone criteria of POMC 20.030(2)(i). The proposed
rezone would have no significant impacts on housing or public services. The proposed
rezone would allow uses that are less intense than in the CMU zone. The City reviewed
the proposal’s environmental impacts and issued a Determination of Nonsignificance,
which was not appealed. There is no change in land use that would impact pedestrian
safety. Although the rezone would reduce employment intensity, this is not considered a
significant impact. With the rezone, the character of the property would not change,
whereas if the property remained zoned CMU, reconstruction of the non-conforming
single-family residence would not be allowed if more than 50 percent of the replacement
cost were destroyed. The City determined that Kitsap County has acquired bordering
property limiting the opportunity for consolidation and large-scale development in the
immediate vicinity. The City determined that the BPMU zone is more compatible with
the surrounding properties and future development of the site. The proposed rezone
would not have an adverse impact on the critical area wetlands located on the property.
Any future proposed development would address any impacts and would be subject to the
critical areas ordinance in effect at the time of development application. Findings 1 – 16.
RECOMMENDATION
Based on the above findings and conclusions, the Hearing Examiner recommends that the City
Council APPROVE the request for a site-specific rezone from Commercial Mixed Use to
Page 45 of 207
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Harold Drive House Rezone, No. LU19-REZONE-1
Page 10 of 10
Business Professional Mixed Use for the 1.05-acre parcel located at 2843 Harold Drive SE.
RECOMMENDED this 13th day of February 2020.
ANDREW M. REEVES
Hearing Examiner
Sound Law Center
Page 46 of 207
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GARFIELD PL SESEIFORD AVE SEHO
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EMITCHELL AVEJOSLIN AVE SEGREENDALE DR SESE BECK STTACOMA AVESPOKANE AVECATHIE AVE SEBILL AVEMELCHER ST
SE SHELTON LN
HOOVER AVE SECity of Port OrchardSite-Specific RezoneLU19-REZONE-01
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City of Port Orchard Department of Community Development216 Prospect Street, Port Orchard, WA 98366Phone: (360) 874-5533 Fax: (360) 876-4980www.cityofportorchard.us
This map was created from existing map sources,
not from field surveys. While great care was taken
in using the most current map sources available,
no warranties of any sort, including accuracy, fitness,
or merchantability accompany this product. The user
of this map assumes responsibility for determining its
suitability for its intended use.
This map is not a substitute for field survey.
Greenbelt (GB)
Residential 1 (R1)
Residential 2 (R2)
Residential 3 (R3)
Residential 3 (R4)
Residential 6 (R6)
Business Professional Mixed Use (BPMU)
Commercial Mixed Use (CMU)
Downtown Mixed Use (DMU)
Gateway Mixed Use (GMU)
Neighborhood Mixed Use (NMU)
Commercial Corridor (CC)
Commercial Heavy (CH)
Civic and Institutional (CI)
Light Industrial (LI)
Parks and Recreation (PR)
Public Facilities (PF)
EXHIBIT B
0 0.15 0.3 0.45 0.60.075 Miles
Page 47 of 207
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 28, 2020
Subject: Adoption of an Interim Ordinance Temporarily Prepared by: Charlotte Archer, City
Suspending Approval and Permit Expiration and Attorney; Nick Bond,
Tolling Procedural Deadlines for Processing Land AICP DCD Director
Use Applications Atty Routing No.: N/A
Atty Review Date: N/A
Summary: By this Ordinance the City Council would take action to temporarily suspend timelines related to
development applications and permits as currently identified in the Port Orchard Municipal Code, Title 15,
Building and Structures, and Title 20, Unified Development Code.
Background: During the previous recession, many cities in Washington extended the life of all active
development projects that were stalled due to the economic downturn in the construction industry.
Currently, due to the COVID-19 pandemic, the construction industry is facing a similar situation. Governor
Inslee issued Proclamation 20-25 and subsequent clarifying memoranda requiring the suspension of all non-
essential activities, including most construction and construction related services, with limited exceptions. As
a result, construction applications and projects are facing delays due to the Governor’s orders and the
economic crisis created by the impacts of COVID-19. This delay – for an indeterminate period of time – will
cause applications and/or permits to lapse due to inactivity and the expiration of deadlines set by state
statute and the Port Orchard Municipal Code (POMC).
In particular, the POMC sets out timelines for the processing of land use applications, including time limits on
staff review and the amount of time for applicants to respond to review comments and provide additional
documentation in support of an application. If certain benchmarks aren’t timely accomplished, the
application may become inactive or expire. Again, construction related activities are deemed non-essential—
as a result, City staff are unable to travel to City Hall to perform permit review and are working remotely on
these items, while the Planning Commission, Hearing Examiner and City Council are unable to take necessary
actions on permits due to the Governor’s Proclamation No. 20-28, limiting meetings to items that are
“necessary and routine” or COVID-19 related and most land use decisions do not meet those criteria.
Additionally, permits and approvals that have been issued are subject to expiration if the applicants are
unable to move forward on a project.
The timelines at issue are set out in Titles 15 and 20 of the Port Orchard Municipal Code. Chapter 36.70B
RCW, Local Project Review, authorizes a local government to establish and implement these timelines, and
cautions that such time periods “should not exceed one hundred twenty days, unless the local government
makes written findings that a specified amount of additional time is needed to process specific complete
project permit applications or project types.” RCW 36.70B.080(1). By this action, the Council would be
Page 48 of 207
Staff Report 7C
Page 2 of 2
temporarily suspending the expiration of applications and permits that will toll internal deadlines due to
the pandemic, as well as the expiration of applicants and permits that require additional time for
application processing by the City.
Pursuant to RCW 36.70A.390, this Ordinance is an emergency interim ordinance that would last for a
period of six months. Within 60 days from adoption the City Council would hold a public hearing on this
Ordinance. The sixty day period is designed to allow staff the necessary time to evaluate the proposed
amendments; the Ordinance can be extended by the Council for an additional six months, if needed.
Council may also repeal or revise this Ordinance at any time during its duration. As the economic crisis
resulting from COVID-19 is expected to continue into the summer, applicants and permittees will likely
need permit extensions to complete projects.
This Ordinance is exempt from the requirements for a threshold determination under the State
Environmental Policy Act (SEPA).
Governor Inslee’s Proclamation 20-28: This item is COVID-19 related, as it is intended to respond to
issues created by the COVID-19 pandemic, the orders issued by state officials related to the pandemic,
and to the economic crisis arising from the pandemic. In addition, the public will have the opportunity to
comment on this item at a public hearing to be held within sixty (60) days of adoption of this interim
ordinance.
Recommendation: Adoption of an ordinance temporarily suspending approval and permit expiration
and tolling procedural deadlines for processing land use applications.
Motion for consideration: I move to adopt an interim ordinance, as presented, temporarily
suspending approval and permit expiration and tolling procedural deadlines for processing land use
applications.
Fiscal Impact: None.
Alternatives: Make modifications to the Ordinance (expiration date, etc.), or take no action.
Attachments: Ordinance.
Page 49 of 207
ORDINANCE NO. ___
AN INTERIM ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, RELATING TO THE COVID-19 PANDEMIC;
TEMPORARILY SUSPENDING APPROVAL AND PERMIT EXPIRATION
AND TOLLING PROCESSING PROCEDURAL DEADLINES;
AUTHORIZING ADMINISTRATIVE ACTION AND INTERPRETATIONS;
DECLARING A PUBLIC EMERGENCY; ESTABLISHING AN EXPIRATOIN
DATE CONSISTENT WITH RCW 36.70A.390; PROVIDING FOR
SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the World Health Organization has determined that a global pandemic exists
due to the novel coronavirus known as COVID-19; and
WHEREAS, on February 29, 2020, the Governor of the State of Washington issued
Proclamation 20-25, proclaiming the existence of a State of Emergency due to COVID-19 and
restricted the conduct of non-essential business and activities by Washington’s residents; and
WHEREAS, on March 25, 2020, the Governor provided direction that construction
activities are not considered essential under Proclamation 20-25, except in limited
circumstances; and
WHEREAS, on March 24, 2020, the Governor issued Proclamation 20-28, prohibiting in-
person meetings by local government agencies but authorizing meetings by telephone or
videoconferencing during the pendency of Proclamation 20-25, but restricting legislative bodies
from taking action on any item that is not routine and necessary or related to the COVID-19
response during this time period; and
WHEREAS, the Governor’s Proclamation 20-25 and the general financial impact from the
COVID-19 crisis have impacted the construction industry and created delays for an indeterminate
period of time in the construction, inspection and review of development projects with an active
application with the City and will cause delays for projects or applications filed during the state
of emergency; and
WHEREAS, a number of land use and permit review statutes and provisions in the Port
Orchard Municipal Code, including chapter 36.70B RCW and Title 20 of the Port Orchard
Municipal Code, impose certain time limitations and process requirements, such as action by the
City Council on items and public hearings, on development permit applications that are not
achievable under the restrictions imposed by the Governor; and
WHEREAS, the City Council desires to ensure staff are compliant with the Governor’s
restrictions on non-essential activities, but acknowledges that processing deadlines set by statute
or the municipal code have not been tolled by action of the Governor; and
Page 50 of 207
Ordinance No. _______
Page 2 of 4
WHEREAS, in order to prevent the expiration of development related permits, approvals
and completed applications during this time of economic downturn, the City Council finds that
extensions of the expiration dates for certain permits and land use actions are warranted; and
WHEREAS, RCW 36.70A.390 the City Council may adopt an emergency interim zoning
ordinance for a period of up to six months if a public hearing on the proposal is held within at
least sixty (60) days; and
WHEREAS, the City Council finds that the COVID-19 crisis creates a time-sensitive
emergency necessitating an interim zoning ordinance temporarily extending development
application and permit expiration periods during this emergency; and
WHEREAS, pursuant to RCW 36.70B.080(1), the City Council finds that an extension of the
deadlines identified herein is necessary to process project applications currently pending with
the City and those that will be submitted during the pandemic, due to the public health
emergency and economic crisis; and
WHEREAS, pursuant to WAC 197-11-880, the adoption of this Ordinance is exempt from
the requirements for a threshold determination under the State Environmental Policy Act (SEPA);
and
WHEREAS, the City Council finds that the proposed interim regulations to temporarily
grant extensions to certain deadlines are consistent with the City’s Comprehensive Plan and
development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the
amendments herein are in the best interests of the residents of the City and further advance the
public health, safety and welfare; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and
incorporated as findings of fact in support of this Ordinance, in accordance with RCW 36.70A.390.
SECTION 2. Extensions of Development Applications and Permits. This Ordinance
relates to the all development project applications and permits, including those under Titles 15
and 20 of the Port Orchard Municipal Code.
A. Pre-existing Approvals and Permits. A permit or development approval (for
example, a preliminary subdivision plat or preliminary PUD) that was active and valid as of
January 1, 2020, shall not lapse, terminate or otherwise expire prior to the expiration of this
interim Ordinance, and the expiration date of the permit or development approval or time period
for meeting a deadline or for performance of a condition of the permit or development approval
shall be either the time currently provided by the Port Orchard Municipal Code or the expiration
Page 51 of 207
Ordinance No. _______
Page 3 of 4
of this interim Ordinance, which date is later, unless the specific time is required by state law and
cannot be waived or altered by this action.
B. Approvals and Permits in Process or Later Received. Any application that the City
is currently processing or that was determined to be complete while this interim Ordinance is
effective shall not lapse, terminate or otherwise expire prior to the expiration of this Ordinance.
The time period for meeting a deadline or for the performance of a condition of the application
(including deadlines for obtaining permits that are ready for issuance) shall be either the time
currently provided for by the Port Orchard Municipal Code or the expiration of this interim
Ordinance, whichever date is later, unless the specific time period is required by state law and
cannot be waived.
C. Internal Processing Deadlines. Application processing deadlines and timelines
relating to project permit applications processed under Title 20 POMC, including but not limited
to requirements for issuance of a notice of decision, are suspended and will be tolled for the
duration of the Governor’s Proclamation 20-25 or the expiration of this interim Ordinance,
whichever date is later.
D. Authorization. The Director of the Department of Community Development is
hereby authorized to issue temporary procedural interpretations to address deadlines or other
requirements related to development activities that are not specifically addressed in this
Ordinance, provided such interpretations are in effect for the duration of this Ordinance and are
consistent with the intent and purpose of this Ordinance.
SECTION 3. Public Hearing. Pursuant to RCW 36.70A.390, a public hearing on the
interim official controls established by this ordinance shall be held within sixty (60) days of the
adoption of this ordinance to hear and consider public comment.
SECTION 4. Expiration. The City Council adopts this interim regulation under the
authority of RCW 36.70A.390. Therefore, the interim controls adopted herein shall be in effect
for a period of six (6) months from the effective date of this Ordinance and shall automatically
expire after six months, unless extended as provided by statute or otherwise superseded by
action of Council, whichever occurs first.
SECTION 5. Ordinance to be Transmitted to Commerce. Pursuant to RCW 36.70A.106,
a copy of this interim Ordinance shall be transmitted to the Washington State Department of
Commerce.
SECTION 6. 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, is passed by at least a majority of
plus one of the whole membership of the City Council, and shall take effect and be in full force
Page 52 of 207
Ordinance No. _______
Page 4 of 4
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 7. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener’s/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 8. 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 9. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect immediately upon passage. A summary of this
ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance
in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 28th day of April 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
N/A
Charlotte A. Archer, City Attorney Councilmember
PUBLISHED DATE:
EFFECTIVE DATE:
Page 53 of 207
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 28, 2020
Subject Adoption of a Resolution Approving a Contract Prepared by: Mark Dorsey, P.E.
With American West Construction, LLC for the Public Works Director
2020 Library Water Damage and Roof Repair Atty Routing No: N/A
Atty Review Date: N/A
Summary: On March 27,2020, the City established a list of qualified contractors from the 2020 MRSC Small
Works Roster (see Resolution - Exhibit A attached) for the Main Category; Facility Construction, Repair, and
Maintenance, Hazardous Material Abatement and Sub-Category; Carpentry - Interior, Carpentry - Rough,
Gutters and Downspouts Installation, Cleaning, and Repair, Insulation, Painting - Exterior, Painting -
Interior, Roofing Construction, Repair, and Maintenance, Wallboard, Water Damage Restoration, Mold
Remediation/Removal to perform the 2020 Library Water Damage and Roof Repair. On March 27, 2020,
and pursuant to Resolution No. 019-17 (Section 5 – Bid Procedures), the City’s Public Works Department
emailed a Request for Proposal (RFP) for the 2020 Library Water Damage and Roof Repair from all MRSC
Small Works Roster Contractors. Six (6) bids (including applicable taxes, labor, equipment, material, and
fees) were received prior to the April 14th, 2020 proposal deadline as follows:
Name of Contractor Bid Total
American West Construction, LLC $61,952.70
Reliant Construction $67,876.06
Talakai Construction $86,110.00
Transblue LLC $72,618.91
Westmark Construction, Inc $70,724.49
BJC Group- Late Bid $89,282.99
On April 15, 2020, the City’s Public Works Department Staff completed the MRSC Mandatory Bidder
Responsibility Checklist and determined that the American West Construction, LLC bid of $61,952.70 was
the lowest qualified bid. The Public Works Department has confirmed that the bidding requirements for
Public Work have been followed.
Governor Inslee’s Proclamation 20-28: This item is [check all that apply]: COVID-19 related; necessary
and routine, for the following reasons: This project is necessary to preserve the city’s critical facility as it has
existing leaks in multiple areas that continue to degrade the structural integrity of this section of the
building.
Page 54 of 207
Staff Report 7D
Page 2 of 2
Recommendation: Staff recommends that the City Council adopt Resolution No. 012-20, thereby
approving Contract No. C041-20 with American West Construction, LLC for the 2020 Library Water
Damage and Roof Repair Contract in the amount of $61,952.70, with the contract term beginning
May 4th, 2020, and ending June 5th, 2020.
Relationship to Comprehensive Plan: N/A
Motion for Consideration: I move to adopt Resolution No. 012-20, thereby approving Contract No.
C041-20 with American West Construction, LLC for the 2020 Library Water Damage and Roof Repair
Contract in the amount not to exceed $61,952.70 (applicable sales included).
Fiscal Impact: A budget amendment may be required.
Alternatives: None
Attachments: Resolution w/ Exhibit A and Small Works Contract No. C041-20.
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RESOLUTION NO. 012-20
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
SMALL WORKS CONTRACT NO. C041-20 WITH AMERCIAN WEST
CONSTRUCTION, LLC FOR THE 2020 LIBRARY WATER DAMAGE AND ROOF
REPAIR PROJECT AND DOCUMENTING THE SMALL PUBLIC WORKS ROSTER
PROCUREMENT PROCEDURES.
WHEREAS, and as performed annually since 2013, the Municipal Research and Services
Center of Washington (MRSC) advertised on behalf of participating local government agencies
within Washington State (including the City of Port Orchard), for the 2020 MRSC Small Public
Works Roster; and
WHEREAS, on March 27, 2020, pursuant to RCW 39.04.155, the City’s Public Works
Department established a list of qualified contractors from the 2020 Small Works Roster (see
Resolution Exhibit A attached) for the Main Category – Facility Construction, Repair, and
Maintenance, Hazardous Material Abatement and Sub-Category –Carpentry - Interior,
Carpentry - Rough, Gutters and Downspouts Installation, Cleaning, and Repair, Insulation,
Painting - Exterior, Painting - Interior, Roofing Construction, Repair, and Maintenance,
Wallboard, Water Damage Restoration, Mold Remediation/Removal; and
WHEREAS, on March 27, 2020, and pursuant to Resolution No. 019-17, Section 5.0 Bid
Procedures the City’s Public Works Department performed email Invitation to Bid for the 2020
Library Water Damage and Roof Repair Project from all MRSC Small Works Roster Contractors;
and
WHEREAS, on April 14, 2020, the City’s Public Works Department received six (6) bids,
whereby American West Construction, LLC provided the lowest qualified and responsive
Proposal for the 2020 Library Water Damage and Roof Repair; and
WHEREAS, on April 15, 2020, the City’s Public Works Department completed the MRSC
Mandatory Bidder Responsibility Checklist on American West Construction, LLC; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their selection/procurement process as described above
for this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
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Resolution No. 012-20
Page 2 of 2
THAT: The City Council approves Contract No. C041-20 with American West
Construction, LLC for the 2020 Library Water Damage and Roof Repair and adopts the
“Whereas” statements contained herein, as findings in support of the City’s selection/
procurement procedures.
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 on this 28th day of April 2020.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Rinearson, MMC, City Clerk
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CITY OF PORT ORCHARD SMALL WORKS OVER 35K
CONSTRUCTION CONTRACT NO. C041-20
PUBLIC WORKS PROJECT NO. PW2020-006
THIS Agreement is made effective as of the _28th_ 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
_American West Construction, LLC_ (“CONTRACTOR”)
_25228 Baker St. #287__________
_Black Diamond, WA_98010_____
Contact: Bryan Sutton Phone: (760)403-5737 Email: bryan@americanwc.com
for the following Project:
2020 Library Water Damage and Roof Repair (“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. 2015 International Building Code (IBC) and 2015 Energy Code Compliance;
e. Written change orders or orders for minor changes in the Work issued after execution of
this Agreement;
f. Public Works Terms and Conditions;
g. Insurance and Bonding Requirements;
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h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when
inconsistent with Contract Documents a-g; and
i. City of Port Orchard Development Guidelines.
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 4th, 2020__. The Contractor shall substantially complete the Work not later
than __June 5th, 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 $__61,952.70__ (including applicable sales tax.) 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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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,
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unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor
will take action with respect to any subcontract or procurement as the 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 Putaansuu, Mayor
By:
Its:
ATTEST/AUTHENTICATE:
______________________________
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Charlotte A. Archer, City Attorney
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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
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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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 Documents (“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 to the
City, 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.
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19. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with
these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to
the contrary.
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.
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The Builders Risk insurance shall be maintained until final acceptance of the work by the
City.
• 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 (as applicable to each line of coverage). 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 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.
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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
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 Consultant shall provide thirty (30) days written notice by certified
mail, return receipt requested, to the City prior to the cancellation or alteration of coverage. 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
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
CONTRACT NO. C041-20
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 Library Water Damage and Roof Repair Contract No. C041-20 (“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.
Dated: ___________________________________
_________________________________________
_____________________________________________
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.
Dated: ___________________________________
_________________________________________
_____________________________________________
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 #, PW2020-006
CONTRACT # C041-20
SURETY BOND #:
DATE POSTED:
EXPIRATION DATE:
RE: Project Name: 2020 Library Water Damage and Roof Repair
Owner/Developer/Contractor:
Project Address: 87 Sidney Avenue, Port Orchard, WA 98366
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
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workmanship, materials or installations.
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
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any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered
a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable
by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as
a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby
agrees that this 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
FORM P-1 / NOTARY
BLOCK
(Use For Individual/Sole Proprietor Only)
STATE OF WASHINGTON )
CHECK FOR ATTACHED NOTARY SIGNATURE
____ Individual (Form P-1)
____ Corporation (Form P-2)
____ Surety Company (Form P-2)
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) 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: _______________
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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: ______________
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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 86 of 207
Page 87 of 207
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 28, 2020
Subject: Adoption of a Resolution Adopting the Prepared by: Matt Brown
Continuity of Operations/Continuity of Chief of Police
Government (COOP/COG) Plan Atty Routing No.: Police - 12
Atty Review Date: April 16, 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 full or partial activation of the Continuity Plan. The Plan was developed in accordance with
Federal Emergency Management Agency (FEMA) guidance for non-federal entities.
Governor Inslee’s Proclamation 20-28: This item is [check all that apply]: COVID-19 related; necessary
and routine, for the following reasons:
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 88 of 207
RESOLUTION NO. -20
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;
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. The Mayor shall report to the City Council whenever an update is made
consistent with this authoriation. That report shall occur within ninety (90) days of the Mayor’s
action.
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 ____ day of April, 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
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TBD 2020
CONTINUITY OF OPERATIONS
(COOP)
&
CONTINUITY OF GOVERNMENT
(COG)
PLAN
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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 at least biennially. 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……………………………………………………………………………………………………….…………..8
1.2 Applicability and Scope………………………………………………………………………………….…………8
1.3 Authorities and References…………………………………………………………………………………..…9
1.4 Planning Assumptions………………………………………………………………………………..………..….9
1.5 Planning Responsibilities………………………………………………………………………………………..10
Table 1 (COOP/COG) Program Management Team ……………………………….……...11
2.0 Concept of Operations…………..………………………………………………………………………………………….12
2.1 Objectives…………………………………..………………………………………………………………………….12
2.2 Planning Considerations…………………………………………………………………………………………12
2.3 (COOP/COG) Execution…………………………………………………………………………………………..12
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……………………………………………………………………………………………………………16
Table 2 Essential Functions, Dependencies, and Recovery Time Objective…………………..17
5.0 Human Capital Management..…………………………………………………………………………………………..22
5.1 Employee Dismissal or Building Closure Procedures……………………………………………….22
5.2 Established Methods of Employee Communications………………………………………………22
5.3 Procedures for Making Media Announcements………………………………………………………22
5.4 Pay and Benefit Issues…………………………………………………………………………………………….22
6.0 Key Personnel………..………………………………………………………………………………………………………….22
Table 3 Key (COOP/COG) Personnel……………………………………………………………………………..23
7.0 Orders of Succession………………………………………………………………………………………………..……….25
Table 4 (COOP/COG) Orders of Succession…………………………………………………………………..25
8.0 Delegation of Authority…………………….………………………………………………………………………………27
9.0 Devolution of Direction and Control…….…………………………………………………………………………..27
Table 5 Devolution of Direction and Control………………………………………………………………..28
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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: CITY EXECUTIVE
ANNEX 3: CLERK
ANNEX 4: COMMUNITY DEVELOPMENT
ANNEX 5: FINANCE
ANNEX 6: HUMAN RESOURCES
ANNEX 7: LEGAL
ANNEX 8: MUNICIPAL COURT
ANNEX 9: POLICE DEPARTMENT
ANNEX 10: PUBLIC WORKS ENGINEERING
ANNEX 11: 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 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, DCD, & 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
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whether additional events such as secondary explosions, or cascading utility failures
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
● Logistics Section — Provide resources and all other services needed for support,
including transportation, food and lodging requirements
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● 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
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
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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
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
Mayor as needed.
• Keep records of
meetings and
actions.
● City Executive
● Legal
● Clerk
● Community
Development
12 hours
2.
CITY EXECUTIVE
• 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
• Maintain all
official City
records and the
municipal code
• Oversee the
City’s records
management
program
• Oversee 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, safety,
and general
welfare of the
city through
enforcement of
applicable
building, land
use, nuisance,
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
• Coordinate
inspections
• Issue notices and
orders for
compliance
purposes
• Issue emergency
measure orders
• Assist public
institutions
● City Council
● Legal
● Police
● Public Works
● Clerk
● Finance
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
● 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
● 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
● Police
● Finance
● IT
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
● Finance
● Community
Development
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
DCD
Planning Section
Chief
Sergeant Police
Planning Section Long Range Planner DCD
Planning Section Associate Planner DCD
Planning
Section/GIS
Associate Planner DCD
Planning Section
Support
TBD TBD
Logistics Section
Chief
IT Manager City Hall
Logistics Section
Chief
TBD TBD
Logistics Section TBD TBD
Logistics Section IT TBD TBD
Logistics Section 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
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
The Mayor is ultimately responsible for the continuation of essential services in an emergency
and, consequently, for related planning in conjunction with the Director of Emergency
Management. In the event the Mayor is rendered incapable or unavailable to fulfill their duties
as Chief Executive, successors have been identified to ensure there is no lapse in decision-
making authority.
Successors to Department Heads have also been identified to provide similar continuity within
their staff.
Table 4 Departmental Orders of Succession
Department (Alphabetical) Order of Succession
City Executive
1. Mayor
2. Mayor Pro Tempore
3. Finance Committee Chair
4. Utility Committee Chair
Clerk 1. City Clerk
2. Deputy City Clerk
Community Development 1. DCD Director
2. Long Range Planner
3. Associate Planner (seniority-based)
Finance 1. Finance Director
2. Assistant Finance Director
3. Accounting Assistant II
Human Resources 1. HR Coordinator
2. Finance Director
Information Technology 1. IT Manager
2. IT Specialist / Finance Clerk
3. Assistant Director of Finance
4. Seitel Systems (outside consultant)
Judge 1. Presiding Judge
2. Judge Pro tem, including Kitsap
District Court judges
3. Appointed Judge
Legal 1. City Attorney
2. Alternate attorney from contract firm
Municipal Court 1. Court Administrator
2. Lead Court Clerk
3. Designated Court Clerk
Police / Emergency Management 1. Police Chief
2. Deputy Chief of Police
3. Designated Sergeant
4. Designated Sergeant
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Public Works 1. Public Works Director / City Engineer
2. Assistant City Engineer
3. Public Works Operations Manager
4. Public Works Utility Manager
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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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● 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
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
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● 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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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
Mayor as
needed.
• Keep records
of meetings
and actions.
● Mayor
● Legal
● City Clerk
● Community
Development
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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Continuity of Operations Plan FOUO
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 order of succession
will be the Finance Committee Chair followed by the Utility Committee Chair. Should
this line of succession be exhausted, the City Council will be 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. 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.
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Continuity of Operations Plan FOUO
External Contacts
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: CITY EXECUTIVE
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)
CITY EXECUTIVE
• 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
City Executive 1. Mayor
2. Mayor Pro Tempore
3. Finance Committee Chair
4. Utility Committee Chair
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: 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
• Maintain all
official City
records and the
municipal code
• Oversee the
City’s records
management
program
• Oversee 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, Community Development is
responsible for performing emergency inspections and assessments of buildings, land,
homes, and businesses within city boundaries in support of the incident and COOP
operations. Community Development 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 Community Development during a (COOP) incident is to apply
the building, land use, and/or environmental laws applicable to the City, provide long
range planning services, and ensure that businesses are operating within state or local
laws.
ESSENTIAL FUNCTIONS, DEPENDENCIES AND RECOVERY TIME OBJECTIVES
Essential Function Critical Steps Supporting
Department(s) Recovery Time
Objective (RTO)
COMMUNITY
DEVELOPMENT
• Ensure the
health, safety,
and general
welfare of the
city through
enforcement of
applicable
building, land
use, nuisance,
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
• Coordinate
inspections
• Issue notices
and orders for
compliance
purposes
• Issue
emergency
measure orders
• Assist public
institutions
● City Council
● Legal
● Police
● Public Works
● Clerk
● Finance
6 hours
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Key Personnel
Community Development 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 1. DCD Director
2. Long Range Planner
3. Associate Planner (seniority-based)
Department Relocation
The incident impacts and operational needs will dictate the safe options for relocation;
however, Community Development 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 Community
Development does not have a designated alternate site. The (COOP) Facilities Team
will identify a safe location for Community Development to work, if relocation is needed.
Communications
Community Development 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
Community Development has identified vital records as the SmartGOV Permitting
System, documents stored within shared City data systems, and rapid evaluation safety
assessment forms.
Critical Systems
Access to the intranet and internet is critical to support Community Development
performance of building inspections and other essential functions. Specifically,
Community Development needs access to the SmartGov Permitting System, city shared
drive, GIS, WA L&I website and WA Department of Revenue website.
Critical Equipment
Community Development has identified vehicles, forms and posting tools, flashlights,
spray paint, personal protective gear, and communication equipment as key for
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supporting emergency building inspections. Computers and printers would assist the
process of posting public safety notices.
External Contacts
Community Development may be dependent upon outside agencies or consultants for
assistance with essential functions at the onset of a crisis. Vendors that supply personal
protective equipment and inspection supplies are critical to safe and effective
inspections.
Return to Operations
Community Development 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 Community Development is working from an alternate location.
Community Development 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.
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ANNEX 5: FINANCE
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
• 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 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
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infrastructure thus the Finance Department does not have a designated alternate site.
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
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Department will resume normal business activities based on available resources,
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
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
● All
24 hours
Key Personnel
HR has identified the Order of Succession for leadership as key roles in facilitating the
delivery of essential functions:
Essential Function Order of Succession
Human Resources 1. HR Coordinator
2. Finance Director
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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.
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
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will be given to services that support employee recovery, retention, and, if needed,
replacement.
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ANNEX 7: LEGAL
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
● Finance
12 hours
Key Personnel
The City Attorney has established the following order of succession for this position:
Essential Function Order of Succession
Legal 1. City Attorney
2. Alternate attorney from contract firm
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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
● Police
● Finance
● IT
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 Administration 1. Court Administrator
2. Lead Court Clerk
3. Designated 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
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
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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 / Emergency Management 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.
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ANNEX 10: PUBLIC WORKS ENGINEERING
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
● Community
Development
12 hours-30 Days
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Key Personnel
The Mayor has established the following order of succession for his position:
Essential Function Order of Succession
Public Works 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.
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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.
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ANNEX 11: INFORMATION TECHNOLOGY
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
1. IT Manager
2. IT Specialist / Finance Clerk
3. Asst. Director of Finance
4. Seitel Systems (outside consultant)
Page 154 of 207
City of Port Orchard 65
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 155 of 207
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 28, 2020
Subject: Approval of a Contract with Summit Law Prepared by: Debbie Lund
for Legal Services in the Area of Labor HR Coordinator
Negotiations and Relations Atty Routing No.: N/A
Atty Review Date: N/A
Summary: COVID-19 has presented opportunities and challenges for the City to adopt, implement and interpret
policies and union contracts in situations never dreamt of at the time of negotiations. Labor is a specialized area
of law due to complexities of negotiations and union relationships as well as the long-term effects and liabilities
should a problem develop.
Staff desires, and our general counsel concurs, that the City should engage the services of a labor attorney for the
purpose of negotiations. Although our union contracts are in place until December 31, 2021, the City has received
grievances due to COVID-19 and desires specialized guidance in this area. In addition, by formalizing a relationship
now with a labor attorney it will give the City and the attorney time to get familiar with the approaches and goals
of each party. The City is not required to request bids or proposals for these services. Both staff and legal counsel
have agreed that the recommended firm and attorney are best suited to meet the needs of the City.
Staff, in coordination with the City Attorney and the labor attorney, will determine which matters are handled by
our general counsel and which matters are handled by the labor attorney.
Governor Inslee’s Proclamation 20-28: This item is: ☒ COVID-19 related; ☒ necessary and routine, for the
following reasons: grievance provisions in union contracts have very specific timelines that must be met, even
during times of crisis. As outlined above, these are unprecedented times in the area of labor relations and human
resources policies.
Recommendation: Staff recommends the Council authorize the mayor to sign a contract to engage the services
of Sofia Mabee of Summit Law for labor law services.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to authorize the mayor to execute an agreement with Summit Law to provide
labor law services as needed.
Fiscal Impact: Expenses will be part of the legal services budget. Additional funds will be needed in years with
active negotiations.
Alternatives: Not approve this request and provide alternative guidance.
Attachments: Contract and resume for Sofia Mabee.
Page 156 of 207
- 1 -
CITY OF PORT ORCHARD
CONTRACT FOR PROFESSIONAL SERVICES
Contract No. ____
This Agreement is entered into by and between the City of Port Orchard, a Washington municipal
corporation (“City”), and Summit Law Group (“Consultant”) whose principal office is located at 315
5th Ave. South, Suite 1000, Seattle, Washington 98104.
WHEREAS, the City has determined the need to have certain services performed for the residents
of the City of Port Orchard, requiring specific expertise, and
WHEREAS, the City desires to have the Consultant perform such services pursuant to certain
terms and conditions,
NOW THEREFORE, in consideration of the mutual benefits and conditions hereinafter
contained, the parties hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Consultant. The Consultant shall
perform those services described in Exhibit “A” of this Agreement. In performing such services, the
Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to
the performance of such services. The Consultant shall perform the services diligently and completely
and in accordance with professional standards of conduct and performance. The Consultant shall request
and obtain prior written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The Consultant shall request payment for work performed
The City shall pay Consultant [Check applicable method of payment]:
X According to the rates set forth in Exhibit “A.” Rates may be adjusted on an annual
basis by written agreement of the parties as an addendum to this Agreement.
The Consultant shall complete and return to the City Exhibit “B,” federal tax Form W-9, prior
to or along with the first billing invoice. The City shall pay the Consultant for services rendered within
ten (10) days after City Council voucher approval.
3. Duration of Agreement. This Agreement shall commence upon mutual execution and
shall terminate on December 31, 2021 (“Termination Date’), unless terminated sooner by either Party as
provided herein, provided the City shall have the right to extend the Agreement beyond the Termination
Date for an additional two (2) years by written notice to the Consultant in advance of the Termination
Date. Time is of the essence of this agreement in each and all of its provisions in which performance is
required.
4. Ownership and Use of Documents. Any records, files, documents, drawings,
specifications, data or information, regardless of form or format, and all other materials produced by the
Consultant and submitted to the City in connection with the services provided to the City, shall be the
property of the City, whether the project for which they were created is executed or not.
5. Independent Consultant. The Consultant and the City agree that the Consultant is an
Page 157 of 207
- 2 -
independent Consultant with respect to the services provided pursuant to this Agreement. The
Consultant will be solely responsible for its acts and for the acts of its agents, employees, subconsultants
or representatives during the performance of this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties. Neither Consultant
nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of
the services provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant.
6. Indemnification.
A. Consultant shall protect, defend, indemnify and hold harmless the City, its officers,
officials, employees, agents and volunteers from any and all costs, claims, injuries, damages, suits, losses
or liabilities of any nature, including attorneys’ fees, arising out of or in connection with the acts, errors
or omissions of the Consultant, its officers, employees and agents in performing this Agreement.
B. Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant and the
City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and
cost to defend, hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER
SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER
INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE
PARTIES.
C. The provisions of this section shall survive the expiration or termination of this
Agreement.
7. Insurance. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent Consultants and personal injury and advertising
injury. The City shall be named as an additional insured under the Consultant’s
Page 158 of 207
- 3 -
Commercial General Liability insurance policy with respect to the work
performed for the City.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provision. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial
General Liability insurance (as applicable to each line of coverage):
1. The Consultant’s insurance coverage shall be primary insurance as
respects the City. Any insurance, self-insurance or insurance pool coverage maintained
by the City shall be in excess of the Consultant’s insurance and shall not contribute with
it.
2. The Consultant shall provide thirty (30) days written notice by certified
mail, return receipt requested, to the City prior to the cancellation or alteration of
coverage.
3. The City will not waive its right to subrogation against the Consultant.
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 coverage is written on a “claims made” basis, then a minimum of a three
(3) year extended reporting period shall be included with the claims made policy, and
proof of this extended reporting period provided by the City.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A:VII.
E. Verification of Coverage. The Consultant shall furnish the City with original
certificates for all policies and a copy of the amendatory endorsements, including but not necessarily
limited to, the additional insured endorsement for Automobile Liability and Commercial General
Liability, evidencing the insurance requirements of the Consultant before commencement of the work.
Page 159 of 207
- 4 -
8. Record Keeping and Reporting.
A. The Consultant shall maintain accounts and records, including personnel,
property, financial and programmatic records which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed pursuant to this Agreement. The
Consultant shall also maintain other such records as may be deemed necessary by the City to ensure
proper accounting of all funds contributed by the City to the performance of this Agreement.
B. The foregoing records shall be maintained for a period of seven (7) years after the
termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist
in accordance with RCW Chapter 40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered
by this Agreement shall be subject at all times to inspection, review or audit by the City during the
performance of this Agreement.
10. Termination. This Agreement may at any time be terminated as follows:
A. The City reserves the right to terminate or suspend this Agreement at any time,
with or without cause, upon thirty (30) days prior written notice.
B. In the event of termination or suspension, all finished or unfinished documents,
data, studies, worksheets, models, reports or other materials prepared by the Consultant pursuant to this
Agreement shall promptly be submitted to the City.
B. In the event this Agreement is terminated or suspended, the Consultant shall be
entitled to payment for all services performed and reimbursable expenses incurred to the date of
termination.
C. This Agreement may be canceled immediately if the Consultant’s insurance
coverage is canceled for any reason, or if the Consultant is unable to perform the services called for by
this Agreement.
D. The Consultant reserves the right to terminate this Agreement on thirty (30) days
prior written notice in the event that outstanding invoices are not paid within sixty (60) days.
E. This provision shall not prevent the City from seeking any legal remedies it may
otherwise have for the violation or nonperformance of any provisions of this Agreement.
11. Business License. The Consultant shall obtain a City of Port Orchard business license
before commencing work under this Agreement.
12. Discrimination Prohibited. The Consultant shall not discriminate against any employee,
applicant for employment, or any person seeking the services of the Consultant under this Agreement,
on the basis of race, color, religion, creed, sex, sexual orientation, age, national origin, marital status,
presence of any sensory, mental or physical disability, or other circumstance prohibited by federal, State
or local law or ordinance, except for a bona fide occupational qualification.
13. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion
Page 160 of 207
- 5 -
of the services contemplated by this Agreement without the written consent of the City.
14. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest
in performing any of the services set forth in Exhibit “A.” In the event that the Consultant is asked to
perform services for a project with which it may have a conflict, Consultant will immediately disclose
such conflict to the City.
15. Confidentiality. All information regarding the City obtained by the Consultant in
performance of this Agreement shall be considered confidential. Breach of confidentiality by the
Consultant shall be grounds for immediate termination.
16. Employment of State Retirees. The City is a “DRS-covered employer” which is an
organization that employs one or more members of any retirement system administered by the
Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC
415-02-325(1), the City is required to elicit on a written form if any of Consultant’s employees providing
services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Consultant is owned
by an individual who retired using the 2008 ERFs, and whether the nature of the service and
compensation would result in a retirement benefit being suspended. Failure to make this determination
exposes the City to significant liability for pension overpayments. As a result, before commencing work
under this Agreement, Consultant shall determine whether any of its employees providing services to
the City or its owners retired using the 2008 ERFs, and shall immediately notify the City using the form
attached hereto as Exhibit “C”. This notification to DRS could impact the payment of retirement benefits
to the employee or owners of Consultant. Consultant shall indemnify, defend, and hold harmless the City
from any and all claims, damages, or other liability, including attorneys’ fees and costs, relating to a
claim by DRS of a pension overpayment caused by or resulting from Consultant’s failure to comply with
the terms of this provision. This provision shall survive the termination of this Agreement.
17. Non-appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City will so notify the Consultant and
shall not be obligated to make payments for services or amounts incurred after the end of the current
fiscal period. This Agreement will terminate upon the completion of all remaining services for which
funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the
provisions are effectuated.
18. Entire Agreement. This Agreement contains the entire agreement between the parties,
and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of
this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail
over the exhibits. Either party may request changes to the Agreement. Changes which are mutually
agreed upon shall be incorporated by written amendments to this Agreement.
19. Notices. Notices to the City shall be sent to the following address:
City of Port Orchard Debbie Lund
Human Resources Coordinator
216 Prospect Street
Port Orchard, WA 98366
Page 161 of 207
- 6 -
Notices to the Consultant shall be sent to the following address:
Summit Law Group
Sofia Mabee
315 5th Ave. S. Suite 1000
Seattle, WA 98104
sofiam@SummitLaw.com
206-676-7112
20. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or
other proceeding instituted to enforce any term of this Agreement, the parties specifically understand
and agree that venue shall be exclusively in Kitsap County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit, which shall be fixed by the judge
hearing the case, and such fee shall be included in the judgment.
21. Severability. Any provision or part of this Agreement held to be void or unenforceable
under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to
replace such stricken provision or part with a valid and enforceable provision that comes as close as
reasonably possible to expressing the intent of the stricken provision.
IN WITNESS WHEREOF, the parties have executed this Agreement on this __ day of April
2020.
CITY OF PORT ORCHARD, WASHINGTON
By: _______________________________
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATE:
By: _______________________________
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
By: _______________________________
Charlotte A. Archer, City Attorney
SUMMIT LAW GROUP
By: _______________________________
Sofia Mabee, Partner
Page 162 of 207
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LAW G R 0 U P 3i5FirthAvenuesouth,suiteloo0seattre.washinstone8lo4
Snfia il Mabss
Labor/Employment
(206) 676-7112
sofiam@summitlaw.com
Profile lntroduction
Sofia represents public and private entities in a wide range of labor and employment matters,
including collective bargaining, federal ahd state employment law compliance, grievances, unfair
labor practice complaints, wage and hot.ir claims, and wrongful termination. Sofia appears before
federal and state agencies, including theiWashington State Public Employment Relations
Commission, the National Labor Relations Board, the United States Equal Employment Oppodunity
Commission, and in state and federal courts. Sofia began her practice as an Assistant City Attorney
in Central Washington and she continues to assist her public sector clients with general municipal
matters.
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Publications & Speaking Engagements
Page 163 of 207
SUMr\llIT
LAW 6ROUP 315 Fifth Avenue Soulh, Suite 1000 Seatlle, Washington 98104
' Speaker, WSBA Labor & Employment Section Mini-CLE, "Advising Unions and Employers on Washington's
Sick Leave Law," February 2018
' Speaker, Labor Relations lnstitute, "Basics of Bargaining," & "The Public RecordsAct, Personnel and
Bargaining Records," May 2017
' Speaker, WAPELRA Presentation, "Washington State Family Medical Leave Law and Mandated Paid Sick
Leave," October 2017
' Speaker, WAPRO Fall Conference Panel, "HR/Personnel/Collective Bargaining Records and the PRA,"
October 2017
' Speaker, WAPELRA Presentation, "The Do's and Don'ts of Conducting Performance Evaluations,"
November 201 6
' Speaker, NPELRA Webinar, "Are Your Fitness for Duty Practices Fit for Duty?," October 2016
. Speaker, Labor Relations lnstitute, "Help Wanted: Recruiting and Hiring Employees," May 20'16
' Speaker, Labor and Employment Relations Association 39th Annual Collective Bargaining & Arbitration
Conference, "Consult a Labor Lawyer," March 2016
' Speaker, Washington Association of Public Records Officers (WAPRO) Fall Conference, "social
Media/Texting," October 201 5
' Speaker, Washington Public Employer Labor Relations Association (WAPELRA) Fall Conference,
"Defending Your Camp: Countering Union Negotiating Tactics," September 2015
' Speaker, Association of Washington Cities Labor Relations lnstitute, "Recruitment and Selection in the
Changing World," May 2015
' Speaker, Association of Washington Cities Labor Relations lnstitute, "FLSA Refresher - Overview of
Troublesome Overtime lssues for Public Employers," May 20'14
' Speaker, Association of Washington Cities Labor Relations lnstitute, "lnierest Arbitration from A to 2: May
2014
' Speaker, Labor and Employment Relations Association, "Every Move You Make: Security Cameras at the
Workplace," April 2014
' Speaker, NPELRA Labor Relations Academy ll, "Role of Arbitration in Union/Management Relations and
Responding to Grievances Before Arbitration," September 2013
' Speaker, NPELRA Labor Relations Academy l, "Duty to Bargain and the Scope of Bargaining," September
201 3
' Speaker, Association of Washington Cities (AWC) Labor Relations lnstitute, "Fitness-for-Duty: Walking the
Medical-Legal Tightrope," May 201 3
' Speaker, Washington Association of Public Records Officers (WAPRO) Spring Conference, "Personnel
Records: Hot lssues and Practical Solutions," April 2013
' Panelist, Washington Public Employer Labor Relations Association (WAPELRA) Spring Conference, "Clear
Contract Language," March 2013
' Speaker, Association of Washington Cities (AWC) Labor Relations lnstitute, "Employee lnformation and
Page 164 of 207
StJMt\/lIT
LAW 6ROUP 315 Fifth Avenue South, Suite 1000 Seatlle, Washington 98104
Public Records Disclosure Obligations," April 2012
' Panelist, Washington Association of Public Records Officers (WAPRO) Spring Training, "Public Records
Requests and Personnel Records," April2012
' Speaker, Washington Public Employer Labor Relations Association (WAPELRA) Fall Conference, "Are
your Fitness for Duty Practices Fit for Duty?," September 2011
' Speaker, National Business lnstitute, "Current Challenges in Local Government Law: Human Resources
lssues," November 2010
' Panelist, Washington Association of Public Records Officers (WAPRO) Fall Training, "Personnel Records,"
October 2010
' Speaker, Association of Washington Cities (AWC) Labor Relations lnstitute, "Legal Ramifications of the
Social Media Explosion: An Employer's Guide" April 2010
' Speaker, Washington State Transit lnsurance Pool (WSTIP) webinar, "Curbing Absenteeism: Using Recent
Change to the FMLA to the Employer's Advantage," December 2009
' Speaker, Washington Public Employer Labor Relations Association (WAPELRA) Fall Conference, "FLSA
Hot Topics: Donning and Doffing, Furloughs, Take Home Vehicles & Training," September 2009
. Panelist, MAMAS Brown Bag Luncheon, "Perceptions of Women in the Legal Profession," May 2009
Memberships
' American Bar Association
. Washington State Bar Association
' King County Bar Association
. Washington State Association of Municipal Attorneys (WSAMA)
. WSAMA Amicus Committee
Page 165 of 207
SLJ1\ll[\llIT
LAW 6ROUP 315 Fifth Avenue South, Suite 1000 Seattle, Washington 98104
Honors
. Ranked in Chambers USA (2018)
' Seattle University School of Law Presidential Scholarship
' Seattle University School of Law Dean's List honors
. Four CALLI awards for first in class at Seattle University School of Law
' Georgetown University Dean's List honor
Community Service
' Yakima YWCA (board member,2004-2008, Treasurer 2005-2007)
. Seattle Repertory Theatre Crew (board member,2009-2010)
Education
. Seattle University School of Law (J.D., 20Q1 , summa cum laude)
' Georgetown University (8.A., history and philosophy, 1996)
Bar Admissions
. Washington State
' United States District Court, Western District of Washington
. United States District Courl, Eastern District of Washington
. United Staies Court of Appeals for the Ninth Circuit
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Page 166 of 207
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Via email: dlund@cityofportorchard.us
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Page 171 of 207
w-g Request for Taxpayer
ldentification Number and Certification
) Go to www.irs.govlFormW9lor instructions and the latest information,
Give Form to the
requester. Eo not
send to the lRS.
4 Exemptions (codes apply f,nly to
certain entities, not individu€ls; see
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA repcrting
code (if any)
(Applles to accounts malntalred oulsldethe U.s)
Requester's name and address (optional)
Employer identification number
Form
(Rev. October 201 8)
Department of the Treasury
lnternal Revenue Service
(9
0)o)(d
o.
co
.QcrccLo>rEsi)
oi
,o
Go
'6
oo
at,
oo
@
on your tax on
2 Business name,
7 List account here
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part l, later. For other
entities, it is your employer identification number (ElN). lf you do not have a number, see How to get a
I/M later.
Note: lf the account is in more than one name, see the instructions for line 1. Also see What Name and
Number To Give the Requester for guidelines on whose number to enter.
Signature ol
U.S. person )Date >
or
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the lnternal Revenue
Service (lRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me tl-at I am
no longer subiect to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding recause
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retiremeni arrangement (lRA), and generally, paynEnts
other than interest and dividends, you are not required to sign the cenification, but you must provide your correct TlN. See the instructions for Part ll, later.
Sign
Here
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 . Check only one of the
following seven boxes.
n lndividual/soteproprietoror n COorporation n Scorporation n partnership E Trust/estate
single-member LLC
I fimiteO liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Pannership) >
is disregarded from the owner should check the appropriate box for the tax classification of its owner
Oiher
theCheckNote:
ifLLC LLCthe ts
thatLLCanother
street, and apt. or suite no,) See instructions.5
6 City, state, and ZIP code
Social number
Part I
lt
Part ll
General lnstructions
Section references are to the lnternal Revenue Code unless otheruise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published , go lo www.irs.govlFormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (l-lN) which may be your social security number
(SSN), individual taxpayer identification number (lTlN), adoption
taxpayer identification number (ATIN), or employer identification number
(ElN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
. Form 1099-lNT (interest earned or paid)
. Form 1099-DlV (dividends, including those from stocks or mutual
funds)
. Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
. Form 1099-8 (stock or mutual fund sales and certain other
transactions by brokers)
. Form 1 099-5 (proceeds from real estate transactions)
. Form 1 099-K (merchant card and third party network transactions)
. Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
. Form 1099-C (canceled debt)
. Form 1 099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your conect TlN.
lf you do not return Form W-9 to the requester with a TlN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X rorm W-9 (Rev. 10-2018)
Page 172 of 207
Form W-9 (Rev. 10-2018)Page2
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. lf applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business
is not subject to the withholding tax on foreign partners' share of
effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating
that you are exempt from the FATCA reporting, is correct. See What ls
FATCA repofting, later, for further information.
Note: lf you are a U.S. person and a requester gives you a form other
than Form W-9 to request your TlN, you must use the requester's form if
it is substantially similar to this Form W-9.
Definition of a U,S, person. For federal tax purposes, you are
considered a U.S. person if you are:
o An individual who is a U.S. citizen or U.S. resident alien;
. A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States;
. An estate (other than a foreign estate); or
. A domestic trust (as defined in Regulations section 301 .7701-7).
Special rules for partnerships, Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax under section 1446 on any foreign partners'share of effectively
connected taxable income from such business. Further, in certain cases
where a Form W-9 has not been received, the rules under section 1446
require a partnership to presume that a partner is a foreign person, and
pay the section 1446 withholding tax. Therefore, if you are a U.S. person
that is a partner in a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to establish your
U.S. status and avoid section 1446 withholding on your share of
partnership income.
ln the cases below, the following person must give Form W-9 to the
partnership for purposes of establishing its U.S. status and avoiding
withholding on its allocable share of net income from the par.tnership
conducting a trade or business in the United States.
. ln the case of a disregarded entity with a U.S. owner, the U.S. owner
of the disregarded entity and not the entity;
r ln the case of a grantor trust with a U.S. grantor or other U.S. owner,
generally, the U.S. grantor or other U.S. owner of the grantor trust and
not the trust; and
. ln the case of a U.S. trust (other than a grantor trust), the U.S. trust
(other than a grantor trust) and not the beneficiaries of the trust.
Foreign person. lf you are a foreign person or the U.S. branch of a
foreign bank that has elected to be treated as a U.S. person, do not use
Form W-9. lnstead, use the appropriate Form W-8 or Form 8233 (see
Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign
Entities).
Nonresident alien who becomes a resident alien. Generally, only a
nonresident alien individual may use the terms of a tax treaty to reduce
or eliminate U.S. tax on certain types of income. However, most tax
treaties contain a provision known as a "saving clause." Exceptions
specified in the saving clause may permit an exemption from tax to
continue for certain types of income even after the payee has otherwise
become a U.S. resident alien for tax purposes.
lf you are a U.S. resident alien who is relying on an exception
contained in the saving clause of a tax treaty to claim an exemption
from U.S. tax on certain types of income, you must attach a statement
to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under
which you claimed exemption from tax as a nonresident alien.'
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the
saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption
from tax.
5. Sufficient facts to iustify the exemption from tax under the terms of
the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an
exemption from tax for scholarship income received by a Chinese
student temporarily present in the United States. Under U.S. law, this
student will become a resident alien for tax purposes if his or her stay in
the United States exceeds 5 calendar years. However, paragraph 2 of
the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows
the provisions of Article 20 to continue to apply even after the Chinese
student becomes a resident alien of the United States. A Chinese
student who qualifies for this exception (under paragraph 2 of the first
protocol) and is relying on this exception to claim an exemption from tax
on his or her scholarship or fellowship income would attach to Form
W-9 a statement that includes the information described above to
support that exemption.
lf you are a nonresident alien or a foreign entity, give the requester the
appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you
must under certain conditions withhold and pay to the IRS 24%o ot such
payments. This is called "backup withholding." Payments that may be
subject to backup withholding include interest, tax-exempt interest,
dividends, broker and barter exchange transactions, rents, royalties,
nonemployee pay, payments made in settlement of payment card and
third party network transactions, and certain payments from fishing boat
operators. Real estate transactions are not subiect to backup
withholding.
You will not be subject to backup withholding on payments you
receive if you give the requester your correct TlN, make the proper
certifications, and report all your taxable interest and dividends on your
tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the instructions for
Pad ll for details),
3. The IRS tells the requester that you furnished an incorrect TlN,
4. The IRS tells you that you are subiect to backup withholding
because you did not reporl all your interest and dividends on your tax
return (for reportable interest and dividends only), or
5. You do not cedify to the requester that you are not subiect to
backup withholding under 4 above (for reportable interest and dividend
accounts opened after'1983 only).
Certain payees and payments are exempt from backup withholding.
See Exempt payee code, later, and the separate lnstructions for the
Requester of Form W-9 for more information.
Also see Special rules for partnerships, earlier.
What is FATGA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a
participating foreign financial institution to report all United States
account holders that are specified United States persons. Certain
payees are exempt from FATCA reporting. See Exempfion trom FATCA
reporting code, later, and the lnstructions for the Requester of Form
W-9 for more information.
Updating Your lnformation
You must provide updated information to any person to whom you
claimed to be an exempt payee if you are no longer an exempt payee
and anticipate receiving reportable payments in the future from this
person. For example, you may need to provide updated information if
you are a C corporation that elects to be an S corporation, or if you no
longer are tax exempt. ln addition, you must furnish a new Form W-g if
the name or TIN changes for the account; for example, if the grantor of a
grantor trust dies.
Penalties
Failure to furnish TlN, lf you fail to furnish your correct TIN to a
requester, you are subject to a penalty of $50 for each such failure
unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. lf you
make a false statement with no reasonable basis that results in no
backup withholding, you are subject to a $500 penalty.
Page 173 of 207
Form W-9 (Rev. 10-2018)Page 3
Criminal penalty for falsifying information. Willfully falsifying
certifications or atfirmations may subject you to criminal penalties
including fines and/or imprisonment.
Misuse of TlNs, lf the requester discloses or uses TlNs in violation of
federal law, the requester may be subject to civil and criminal penalties.
Specific lnstructions
Line 1
You must enter one of the following on this line; do not leave this line
blank. The name should match the name on your tax return.
lf this Form W-9 is for a joint account (other than an account
maintained by a foreign financial institution (FFl)), list first, and then
circle, the name of the person or entity whose number you entered in
Part I of Form W-9. lf you are providing Form W-9 to an FFI to document
a joint account, each holder of the account that is a U.S. person must
provide a Form W-9.
a. lndividual, Generally, enter the name shown on your tax return. lf
you have changed your last name without informing the Social Security
Administration (SSA) of the name change, enter your first name, the last
name as shown on your social security card, and your new last name.
Note: lTlN applicant: Enter your individual name as it was entered on
your Form W-7 application, line 1a. This should also be the same as the
nameyou entered on the Form 1040/1040A/1040Ezyou filed with your
application.
b. Sole proprietor or single-member LLC, Enter your individual
name as shown on your 1040/1040 N1040EZ on line 1. You may enter
your business, trade, or "doing business as" (DBA) name on line 2.
c. Partnership, LLC that is not a single-member LLC, C
corporation, or S corporation, Enter the entity's name as shown on the
entity's tax return on line 1 and any business, trade, or DBA name on
line 2.
d. Other entities, Enter your name as shown on required U.S. federal
tax documents on line 1. This name should match the name shown on the
charter or other legal document creating the entity. You may enter any
business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is
disregarded as an entity separate from its owner is treated as a
"disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter
the owner's name on line 1. The name of the entity entered on line 1
should never be a disregarded entity. The name on line 1 should be the
name shown on the income tax return on which the income should be
reported. For example, if a foreign LLC that is treated as a disregarded
entity for U.S. federal tax purposes has a single owner that is a U.S.
person, the U.S. owner's name is required to be provided on line 1. lf
the direct owner of the entity is also a disregarded entity, enter the first
owner that is not disregarded for federal tax purposes. Enter the
disregarded entity's name on line 2, "Business name/disregarded entity
name." lf the owner of the disregarded entity is a foreign person, the
owner must complete an appropriate Form W-8 instead of a Form W-9.
This is the case even if the foreign person has a U.S. TlN.
Line 2
lf you have a business name, trade name, DBA name, or disregarded
entity name, you may enter it on line 2.
Line 3
Check the appropriate box on line 3 for the U.S. federal tax
classification of the person whose name is entered on line 1. Check only
one box on line 3.
Line 4, Exemptions
lf you are exempt from backup withholding and/or FATCA report ng,
enter in the appropriate space on line 4 any code(s) that may apply to
you.
Exempt payee code.
. Generally, individuals (including sole proprietors) are not exemrt from
backup withholding.
. Except as provided below, corporations are exempt from bachup
withholding for certain payments, including interest and dividenG.
. Corporations are not exempt from backup withholding for payments
made in settlement of payment card or third party network transactions.
. Corporations are not exempt from backup withholding with respect to
attorneys' fees or gross proceeds paid to attorneys, and corporeaions
that provide medical or health care services are not exempt with respect
to payments reportable on Form 1099-M|SC.
The following codes identify payees that are exempt from bacl:up
withholding. Enter the appropriate code in the space in line 4.
1 -An organization exempt from tax under section 501(a), any RA, or
a custodial account under section 403(bX7) if the account satisfies the
requirements of section 401(0(2)
2-The United States or any of its agencies or instrumentalities
3-A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions or instrumentalities
4-A foreign government or any of its political subdivisions, agencies,
or instrumentalities
5-A corporation
6-A dealer in securities or commodities required to register in the
United States, the District of Columbia, or a U.S. commonwealth or
possession
7-A futures commission merchant registered with the Commodity
Futures Trading Commission
B-A real estate investment trust
g-An entity registered at all times during the tax year under the
lnvestment Company Act of 1 940
10-A common trust fund operated by a bank under section 584(a)
11 -A financial institution
12-A middleman known in the investment community as a noninee or
custodian
13-A trust exempt from tax under section 664 or described in section
4947
lF the entity/person on line 1 is
a(n)' ' .
THEN check the box for
. Corporation Corporation
. lndividual
. Sole proprietorship, or
. Single-member limited liability
company (LLC) owned by an
individual and disregarded for U.S.
federal tax purposes.
lndividual/sole proprietor or single-
member LLC
r LLC treated as a partnership for
U.S. federal tax purposes,
. LLC that has filed Form 8832 or
2553 to be taxed as a corporation,
or. LLC that is disregarded as an
entity separate from its owner but
the owner is another LLC that is
not disregarded for U.S. federal tax
purposes.
Limited liability company and enter
the appropriate tax classific,ation.
(P= Partnership; C= C corprration;
or S= S corporation)
o Partnership Padnership
o TrusVestate TrusVestate
Page 174 of 207
Form W-9 (Bev. 10-2018)Page 4
The following chart shows types of payments that may be exempt
from backup withholding. The chart applies to the exempt payees listed
above, 1 through 13.
lF the payment is for THEN the payment is exempt
for,,.
lnterest and dividend payments All exempt payees except
for 7
Broker transactions Exempt payees 1 through 4 and 6
through 1 1 and all C corporations.
S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
Wior to 2012.
Barter exchange transactions and
patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be Generally, exempt payees
reported and direct sales over
$5,000'
1 through 52
Payments made in settlement of Exempt payees 1 through 4
payment card or third party
transactions
l See Form 1099-M|SC, Miscellaneous lncome, and its instructions.
2 Howeuer, the followino pavments made to a corDoration and
reportable on Form 10PE-MISC are not exempt fiom backup
withholding: medical and health care payments, attorneys' fees, gross
proceeds paid to an attorney reportable under section 6045(f), and
payments for services paid by a federal executive agency.
Exemption from FATCA reponing code. The following codes identify
payees that are exempt from reporting under FATCA. These codes
apply to persons submitting this form for accounts maintained outside
of the United States by certain foreign financial institutions. Therefore, if
you are only submitting this form for an account you hold in the United
States, you may leave this field blank. Consult with the person
requesting this form if you are uncertain if the financial institution is
subject to these requirements. A requester may indicate that a code is
not required by providing you with a Form W-9 with "Not Applicable" (or
any similar indication) written or printed on the line for a FATCA
exemption code.
A-An organization exempt from tax under section 501(a) or any
individual retirement plan as defined in section 7701(a)(37)
B-The United States or any of its agencies or instrumentalities
C-A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions or instrumentalities
D-A corporation the stock of which is regularly traded on one or
more established securities markets, as described in Regulations
section 1 .1472-1 (c)(1)(i)
E-A corporation that is a member of the same expanded affiliated
group as a corporation described in Regulations section 1.1472-1(cX1XD
F-A dealer in securities, commodities, or derivative financial
instruments (including notional principal contracts, futures, forwards,
and options) that is registered as such under the laws of the United
States or any state
G-A real estate investment trust
H-A regulated investment company as defined in section 851 or an
entity registered at all times during the tax year under the lnvestment
Company Act of 1 940
l-A common trust fund as defined in section 584(a)
J-A bank as defined in section 5Bl
K-A broker
L-A trust exempt from tax under section 664 or described in section
aeaT@)(1)
M-A tax exempt trust under a section 403(b) plan or section 457(9)
plan
Note: You may wish to consult with the financial institution requesting
this form to determine whether the FATCA code and/or exempt payee
code should be completed.
Line 5
Enter your address (number, street, and apartment or suite number).
This is where the requester of this Form W-9 will mail your information
returns. lfthis address differs from the one the requester already has on
file, write NEW at the top. lf a new address is provided, there is still a
chance the old address will be used until the payor changes your
address in their records.
Line 6
Enter your city, state, and ZIP code.
Part l. Taxpayer ldentification Number (TlN)
Enter your TIN in the appropriate box. lf you are a resident alien and
you do not have and are not eligible to get an SSN, your TIN is your IRS
individual taxpayer identification number (lTlN). Enter it in the social
security number box. lf you do not have an lTlN, see How to get a TIN
below.
lf you are a sole proprietor and you have an ElN, you may enter either
your SSN or ElN.
lf you are a single-member LLC that is disregarded as an entity
separate from its owner, enter the owner's SSN (or ElN, if the owner has
one). Do not enter the disregarded entity's ElN. lf the LLC is classified as
a corporation or partnership, enter the entity's ElN.
Note: See What Name and Number To Give the Fequesfer, later, for
further clarification of name and TIN combinations.
How to get a TlN, lf you do not have a TlN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security
Card, from your local SSA office or get this form online at
www.SSA.gov. You may also get this form by calling 1-800-772-1213.
Use Form W-7, Application for IRS lndividual Taxpayer ldentification
Number, to apply for an lTlN, or Form SS-4, Application for Employer
ldentification Number, to apply for an ElN. You can apply for an EIN
online by accessing the IRS website al www.irs.gov/Busrnesses and
clicking on Employer ldentification Number (ElN) under Starting a
Business. Go to www.irs.gov/Forms to view, download, or print Form
\N-7 and/or Form SS-4. Or, you can go lo www.irs.gov/OrderForms lo
place an order and have Form W-7 and/or SS-4 mailed to you within 10
business days.
lf you are asked to complete Form W-9 but do not have a TlN, apply
for a TIN and write "Applied For" in the space for the TlN, sign and date
the form, and give it to the requester. For interest and dividend
payments, and cedain payments made with respect to readily tradable
instruments, generally you will have 60 days to get a TIN and give it to
the requester before you are subject to backup withholding on
payments. The 60-day rule does not apply to other types of payments.
You will be sublect to backup withholding on all such payments until
you provide your TIN to the requester.
Note: Entering "Applied For" means that you have already applied for a
TIN or that you intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use
the appropriate Form W-8.
Part ll. Certification
To establish to the withholding agent that you are a U.S. person, or
resident alien, sign Form W-9. You may be requested to sign by the
withholding agent even if item 1, 4, or 5 below indicates otherwise.
For a joint account, only the person whose TIN is shown in Part I
should sign (when required). ln the case of a disregarded entity, the
person identified on line 1 must sign. Exempt payees, see Exempt payee
code, earlier.
Signature requirements, Complete the certification as indicated in
itemsl through5below.
Page 175 of 207
Form W-9 (Rev. 10-2018)Page 5
1. lnterest, dividend, and barter exchange accounts opened
before 1984 and broker accounts considered active during 1983.
You must give your correct TlN, but you do not have to sign the
certification.
2, lnterest, dividend, broker, and barter exchange accounts
opened after 1983 and broker accounts considered inactive during
198i!. You must sign the certification or backup withholding will apply. lf
you are subject to backup withholding and you are merely providing
your correct TIN to the requester, you must cross out item 2 in the
certification before signing the form.
3, Real estate transactions. You must sign the certification. You may
cross out item 2 of the cerlification.
4. Other payments. You must give your correct TlN, but you do not
have to sign the certification unless you have been notified that you
have previously given an incorrect TlN. "Other payments" include
payments made in the course of the requester's trade or business for
rents, royalties, goods (other than bills for merchandise), medical and
health care services (including payments to corporations), payments to
a nonemployee for services, payments made in settlement of payment
card and third party network transactions, payments to certain fishing
boat crew members and fishermen, and gross proceeds paid to
attorneys (including payments to corporations).
5. Mongage interest paid by you, acquisition or abandonment of
secured property, cancellation of debt, qualified tuition program
payments (under section 529), ABLE accounts (under section 529A),
lRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions, You must give your correct
TlN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account:Give name and SSN of:
For this type of account:Give name and EIN of:
the Department of The public entity
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
1 5. Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1 .671 -4(b)(2XiXB))
The trust
1 List first and circle the name of the person whose number you furnish.
lf only one person on a joint account has an SSN, that person's number
must be furnished.
2 Circle the minor's name and furnish the minor's SSN.
3 You must show your individual name and you may also enter your
business or DBA name on the "Business name/disregarded entity"
name line. You may use either your SSN or EIN (if you have one), but the
IRS encourages you to use your SSN.
4 List first and circle the name of the trust, estate, or pension trust. (Do
not furnish the TIN of the personal representative or trustee unless the
legal entity itself is not designated in the account title.) Also see Spec,a/
rules for partnershps, earlier.
*Note: The grantor also must provide a Form W-9 to trustee of trust.
Note: lf no name is circled when more than one name is listed, the
number will be considered to be that of the first name listed.
Secure Your Tax Records From ldentity Theft
ldentity theft occurs when someone uses your personal information
such as your name, SSN, or other identifying information, without your
permission, to commit fraud or other crimes. An identity thief may use
your SSN to get a job or may file a tax return using your SSN to receive
a refund.
To reduce your risk:
. Protect your SSN,
. Ensure your employer is protecting your SSN, and
. Be careful when choosing a tax preparer.
lf your tax records are affected by identity theft and you receive a
notice from the lRS, respond right away to the name and phone number
printed on the IRS notice or letter.
lf your tax records are not currently affected by identity theft but you
think you are at risk due to a lost or stolen purse or wallet, questionable
credit card activity or credit report, contact the IRS ldentity Theft Hotline
at 1 -800-908-4490 or submit Form 1 4039.
For more information, see Pub. 5027, ldentity Theft lnformation for
Taxpayers.
Victims of identity theft who are experiencing economic harm or a
systemic problem, or are seeking help in resolving tax problems that
have not been resolved through normal channels, may be eligible for
Taxpayer Advocate Service [AS) assistance. You can reach TAS by
calling the TAS toll{ree case intake line at 1-877-777-4778 orTTY/TDD
1 -800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and websites designed to
mimic legitimate business emails and websites. The most common act
is sending an email to a user falsely claiming to be an established
legitimate enterprise in an attempt to scam the user into surrendering
private information that will be used for identity theft.
1. lndividual
2. Two or more individuals (loint
account) other than an account
maintained by an FFI
3. Two or more U.S. persons
(oint account maintained by an FFI)
The individual
The actual owner of the account or, if
combined funds, the first individual on
the accountl
Each holder of the account
4. Custodial account of a minor
(Uniform Gift to Minors Act)
5. a. The usual revocable savings trust
(grantor is also trustee)
b. So-called trust account that is not
a legal or valid trust under state law
6. Sole proprietorship or disregarded
entity owned by an individual
7. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1.671 -4(bX2Xi)
(A))
For this type of account:
8. Disregarded entity not owned by an
individual
9. A valid trust, estate, or pension trust
1 0. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
11 . Association, club, religious,
charitable, educational, or other tax-
exempt organization
12. Partnership or multi-member LLC
1 3. A broker or registered nominee
2
I ne mtnor
The grantor-trusteel
The actual ownerl
-,3I ne owner
The grantor"
The owner
Legal entitya
The corporation
The organization
The partnership
Give name and EIN of:
The broker or nominee
Page 176 of 207
Form W-9 (Rev, 10-2018)Page 6
The IRS does not initiate contacts with taxpayers via emails. Also, the
IRS does not request personal detailed information through email or ask
taxpayers for the PIN numbers, passwords, or similar secret access
information for their credit card, bank, or other financial accounts.
lf you receive an unsolicited email claiming to be from the lRS,
forward this message to phishing@irs.gov. You may also report misuse
of the IRS name, logo, or other IRS property to the Treasury lnspector
General for Tax Administration fllGTA) at 1-800-366-4484. You can
forward suspicious emails to the Federal Trade Commission at
spam@uce.gov or report them at www.ftc.gov/complaint You can
contact the FTC al www.ftc.govlidtheft or 877-IDTHEFT (877-438-4338).
lf you have been the victim of identity theft, see www.ldentityTheft.gov
and Pub. 5027.
Visit www.irs.gov/ldentityTheft lo learn more about identity theft and
how to reduce your risk.
Privacy Act Notice
Section 61 09 of the lnternal Revenue Code requires you to provide your
correct TIN to persons (including federal agencies) who are required to
file information returns with the IRS to report interest, dividends, or
certain other income paid to you; mortgage interest you paid; the
acquisition or abandonment of secured propedy; the cancellation of
debt; or contributions you made to an lRA, Archer MSA, or HSA. The
person collecting this form uses the information on the form to file
information returns with the lRS, reporting the above information.
Routine uses of this information include giving it to the Department of
Justice for civil and criminal litigation and to cities, states, the District of
Columbia, and U.S. commonwealths and possessions for use in
administering their laws. The information also may be disclosed to other
countries under a treaty, to federal and state agencies to enforce civil
and criminal laws, or to federal law enforcement and intelligence
agencies to combat terrorism. You must provide your TIN whether or
not you are required to file a tax return. Under section 3406, payers
must generally withhold a percentage of taxable interest, dividend, and
certain other payments to a payee who does not give a TIN to the payer.
Certain penalties may also apply for providing false or fraudulent
information.
Page 177 of 207
,fr^Contractor or Third-Party Worker
Retirement Status Verification
.^d;oili#ri'Ji' This form is for employers to use to verify the retirement status
RetirementSystems of a worker paid through accounts payable or a third party.
Contact Information for
DRS Employer Support Services
360.664.7200, option 2
800.547.6657, option 6, option 2
e m p I oye r s u p p o rt@ d r s.w a.g ov
Employer Information
Failure to report a retiree to DRS can result in a significant liability to the employer for pension overpayments
Some workers are considered to be employees of both your agency and the third party (dual employers).
A retiree who is in an employee/employer relationship with your agency is subject to the same
retiree-return-to-work (RRTW) rules as an employee paid through payroll.
Additionally, workers under age 65 who retired using the 2008 Early Retirement Factors (ERF) are subject to
stricter return-to-work rules and cannot perform services in any capacity for a DRS-covered employer and
continue to receive a benefit.
Employer Instructions
Use Member Reporting Verification (MRV) to review the worker's retirement status.
Did the worker retire from a DRS-covered plan? ! Ves I No
If yes and in an employee/employer relationship with your agency, report using RRTW rules.
Did the worker retire using the 2008 ERF? [ Yes n No
If yes, contact Employer Support Services (ESS) immediately.
Sign and date this form.
Retain this form for three years beyond your relationship with the worker.
Worker Name (Last, First, Middle)Social Security Number
If your agency doesn't directly pay the worker, name the company or contractor paying the worker
Identify the Type of Worker (Check Only One)
I Employee Hired Through a Third Party (Staffing Agency, Temp Agency, Etc.)
! Independent Contractor
! Worker Provided by Company or Contractor Your Agency Hired to Perform Services
Worker Information
Employer Signature
I have verified the information above using MRV or by contacting a DRS representative. I acknowledge that failure to properly report
a 2008 ERF retiree to DRS can result in a liability to the employer.
Employer Signature Date
DRS MS 346 4/18
I llllruilu ilru illl|ru ruilru!uill llll
Page 178 of 207
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 7G Meeting Date: April 28, 2020
Subject: Approval of an Addendum to Real Property Prepared by: Brandy Rinearson
Lease Agreement No. 042-15, with the City Clerk
South Kitsap Western Little League to Atty Routing No: Matter No. 5
Lease Givens Field No. 1, No. 2 and No. 3 Atty Review Date: April 16, 2020
Summary: The current Real Property Lease Agreement with the South Kitsap Western Little League
(SKWLL), being a non-profit organization, will expire on April 30, 2020. The Lease Agreement is for
Givens Field No. 1, No. 2, and No. 3, behind the Active Club building located at 1025 Tacoma Avenue.
The lease is for one (1) year term commencing on May 1, 2020 and ending April 30, 2021, with an
automatic renewal for four (4) additional periods of one (1) year.
In addition, the addendum reflects changes, approved by both organizations, to update the possession of
the fields. SKWLL possesses Givens Field 1 and Givens Field 2 from November 17 through July 14 during
the term of this lease. The South Kitsap Pee Wee Association shall have sole possession of the Givens
Field 1 and Givens Field 2 from July 15 through November 16 during the term of this lease.
Governor Inslee’s Proclamation 20-28: This item is [check all that apply]: COVID-19 related;
necessary and routine, for the following reasons: The contract will expire and the end of the month.
Recommendation: Staff recommends approval of the lease addendum as presented.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to authorize the Mayor to execute an Addendum to Lease agreement
no. 042-15 with the South Kitsap Western Little League, thereby leasing Givens Fields No. 1, No. 2, and
No. 3 for an one (1) year term, with automatic renewals outlined in the contract as presented.
Fiscal Impact: Annual rent payment to the City of $1.00.
Alternatives: Do not execute Lease Agreement
Attachments: Contract No. 042-15 and Addendum to Real Property Lease Agreement - South Kitsap
Western Little League
Page 179 of 207
City of Port Orchard
Attn: Brandy Rinearson
216 Prospect Street
Port Orchard, WA 98366
ADDENDUM TO REAL PROPERTY LEASE AGREEMENT
CONTRACT NO. 042-15
LESSOR: CITY OF PORT ORCHARD, a municipal corporation
LESSEE: SOUTH KITSAP WESTERN LITTLE LEAGUE, INC., a nonprofit corporation
RELATED DOCUMENT RECORDING NO.: _________
ABBREVIATED LEGAL DESCRIPTION OF LEASED PREMISES:
NE 1/4 Sec. 35, T.24 N, R 1E
ASSESSOR’S TAX PARCEL NO. OF LEASED PREMISES: 4046-003-001-0001
THIS ADDENDUM amends the Lease Agreement dated March 25, 2015, between City of
Port Orchard, a Washington municipal corporation as Lessor, and South Kitsap Western Little
League, Inc., a nonprofit corporation as Lessee for those Premises described in the Lease
Agreement and commonly described as a portion of Kitsap County Tax Parcel No. 4046-003-001-
0001 and legally described on the Lease Agreement (hereinafter the “Lease”). This Addendum
shall be in full force and effect as of May 1, 2020. Where the terms of this Addendum differ from
the terms of the Lease, it is the intent of the Lessor and Lessee that the terms of this Addendum
shall control.
WHEREAS, the Lessor and Lessee entered into a Lease for the use of certain real property
owned by Lessor; and
WHEREAS, the Lease extended a renewal right to Lessee so long as written notice was
provided to Lessor of Lessee’s intent to renew no later than 90 days before the expiration of the
lease term, and no such notice was timely provided; and
WHEREAS, however, the parties desire to continue the Lease arrangement for a modified
period, and on revised terms that are in the best interest of the parties;
NOW THEREFORE, the Lessor and Lessee agree to the following amendments to the
Lease:
1. Section 2 – TERM. Section 2 of the Lease shall be deleted and replaced with the
following provisions:
The Lessee is currently in possession of the Property. The initial term of the lease shall be
for one (1) year commencing on May 1, 2020, and ending on April 30, 2021 (the “Initial Term”),
if not sooner terminated in the manner provided in this Section, or in Section 5 or 8. Following
Page 180 of 207
the Initial Term, this Agreement shall renew automatically for four (4) additional periods of one
(1) year (each a “Renewal Term”), unless the Lessor or Lessee give the other party written notice
of termination at least thirty (30) days prior to the end of the Initial Term or any Renewal Term.
Notwithstanding anything in the foregoing to the contrary, Lessor shall have the right at
any time during the Initial Term or any Renewal Term to terminate this Lease and Lessee’s use of
the property on sixty (60) days’ prior written notice to the Lessee. The Lease shall automatically
terminate on the date specified in the Lessor’s notice.
2. Section 4 – CONDITIONS OF USE, Subsection E. Section 4(E) of the Lease shall
be deleted and replaced with the following provisions:
E. Lessee acknowledges that the portion of the premises described in this lease
as Givens Field 1 and Givens Field 2 is subject to an overlapping lease with the South Kitsap Pee
Wee Association. Lessee shall have sole possession of Givens Field 1 and Givens Field 2 from
November 17 through July 14 during the term of this lease. The South Kitsap Pee Wee Association
shall have sole possession of the Givens Field 1 and Givens Field 2 from July 15 through
November 16 during the term of this lease. Lessee shall be responsible for appropriately storing
personal property on or before July 14 of each calendar year. Lessee and South Kitsap Pee Wee
Association shall coordinate the use and annual transfer of possession of the Givens Field 1 and
Givens Field 2 in a manner that is respectful of the purpose and intent of both organizations.
3. No Other Modifications. The terms of the Lease shall bind except as set forth in
this Addendum.
IN WITNESS WHEREOF, the parties hereto have signed and sealed this lease the __ of
______, 2020.
LESSOR: LESSEE:
City of Port Orchard South Kitsap Western Little League, Inc.
By: __________________________ By: ________________________
It’s: __________________________ It’s: ________________________
Page 181 of 207
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, on oath, stated
that he/she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Port
Orchard to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED: ___________________.
______________________________
NOTARY PUBLIC
Print Name: _________________
My appointment expires: _____________
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, on oath, stated that
he/she was authorized to execute the instrument and acknowledged it as the ______________________
of the South Kitsap Western Little League, Inc. to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
DATED: ___________________.
______________________________
NOTARY PUBLIC
Print Name: _________________
My appointment expires: _______
Page 182 of 207
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Page 190 of 207
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 7H Meeting Date: April 28, 2020
Subject: Approval of an Addendum to Real Property Prepared by: Brandy Rinearson
Lease Agreement No. 043-15, with the City Clerk
South Kitsap Pee Wee Association to Atty Routing No: Matter No. 5
Lease Givens Field No. 1 and No. 2, and the Atty Review Date: April 16, 2020
Basement of the Active Club Building
Summary: The current Real Property Lease Agreement with the South Kitsap Pee Wee Association
(SKPW), being a non-profit organization, will expire on April 30, 2020. The Lease Agreement is for Givens
Field No. 1 and No. 2, and the basement of the Active Club Building located at 1025 Tacoma Avenue. The
lease is for one (1) year term commencing on May 1, 2020 and ending April 30, 2021, with an automatic
renewal for four (4) additional periods of one (1) year.
In addition, the addendum reflects changes, approved by both organizations, to update the possession of
the fields. South Kitsap Little League possesses Givens Field 1 and Givens Field 2 from November 17
through July 14 during the term of this lease. The South Kitsap Pee Wee Association shall have sole
possession of the Givens Field 1 and Givens Field 2 from July 15 through November 16 during the term of
this lease.
Governor Inslee’s Proclamation 20-28: This item is [check all that apply]: COVID-19 related;
necessary and routine, for the following reasons: The contract will expire and the end of the month.
Recommendation: Staff recommends approval of the lease addendum as presented.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to authorize the Mayor to execute an Addendum to Lease agreement
no. 043-15 with the South Kitsap Pee Wee Association, thereby leasing Fields No. 1 and No. 2, and the
basement of the Active Club Building for a one (1) year term, with automatic renewals outlined in the
contract as presented.
Fiscal Impact: Annual rent payment to the City of $1.00.
Alternatives: Do not execute Lease Agreement
Attachments: Contract No. 043-15 and Addendum to Real Property Lease Agreement - South Kitsap
Pee Wee Association
Page 191 of 207
City of Port Orchard
Attn: Brandy Rinearson
216 Prospect Street
Port Orchard, WA 98366
ADDENDUM TO REAL PROPERTY LEASE AGREEMENT
CONTRACT NO. 043-15
LESSOR: CITY OF PORT ORCHARD, a municipal corporation
LESSEE: SOUTH KITSAP PEE WEE ASSOCIATION, a non-profit corporation
RELATED DOCUMENT RECORDING NO.: _________
ABBREVIATED LEGAL DESCRIPTION OF LEASED PREMISES:
NE 1/4 Sec. 35, T.24 N, R 1E
ASSESSOR’S TAX PARCEL NO. OF LEASED PREMISES: 4046-003-001-0001
THIS ADDENDUM amends the Lease Agreement dated March 25, 2015, between City of
Port Orchard, a Washington municipal corporation as Lessor, and South Kitsap Pee Wee
Association, a nonprofit corporation as Lessee for those Premises described in the Lease
Agreement and commonly described as a portion of Kitsap County Tax Parcel No. 4046-003-001-
0001 and legally described on the Lease Agreement (hereinafter the “Lease”). This Addendum
shall be in full force and effect as of May 1, 2020. Where the terms of this Addendum differ from
the terms of the Lease, it is the intent of the Lessor and Lessee that the terms of this Addendum
shall control.
WHEREAS, the Lessor and Lessee entered into a Lease for the use of certain real property
owned by Lessor; and
WHEREAS, the Lease extended a renewal right to Lessee so long as written notice was
provided to Lessor of Lessee’s intent to renew no later than 90 days before the expiration of the
lease term, and no such notice was timely provided; and
WHEREAS, however, the parties desire to continue the Lease arrangement for a modified
period, and on revised terms that are in the best interest of the parties;
NOW THEREFORE, the Lessor and Lessee agree to the following amendments to the
Lease:
Page 192 of 207
1. Section 2 – TERM. Section 2 of the Lease shall be deleted and replaced with the
following provisions:
The Lessee is currently in possession of the Property. The initial term of the lease shall be
for one (1) year commencing on May 1, 2020, and ending on April 30, 2021 (the “Initial Term”),
if not sooner terminated in the manner provided in this Section or in Section 5 or 8. Following the
Initial Term, this Agreement shall renew automatically for four (4) additional periods of one (1)
year (each a “Renewal Term”), unless the Lessor or Lessee give the other party written notice of
termination at least thirty (30) days prior to the end of the Initial Term or any Renewal Term.
Notwithstanding anything in the foregoing to the contrary, Lessor shall have the right at
any time during the Initial Term or any Renewal Term to terminate this Lease and Lessee’s use of
the property on sixty (60) days’ prior written notice to the Lessee. The Lease shall automatically
terminate on the date specified in the Lessor’s notice.
2. Section 4 – CONDITIONS OF USE, Subsection E. Section 4(E) of the Lease shall
be deleted and replaced with the following provisions:
E. Lessee acknowledges that Premises described in this lease as Givens Field
1 and Givens Field 2 is subject to an overlapping lease with the South Kitsap Western Little
League, Inc. Lessee shall have sole possession of Givens Field 1 and Givens Field 2 from July 15
through November 16 during the term of this lease. The South Kitsap Wester Little League, Inc.
shall have sole possession of the Givens Field 1 and Givens Field 2 from November 17 through
July 14 during the term of this lease. Lessee shall be responsible for appropriately storing personal
property on or before November 16 of each calendar year. Lessee and South Kitsap Western Little
League, Inc., shall coordinate the use and annual transfer of possession of the Givens Field 1 and
Givens Field 2 in a manner that is respectful of the purpose and intent of both organizations.
3. No Other Modifications. The terms of the Lease shall bind except as set forth in
this Addendum.
IN WITNESS WHEREOF, the parties hereto have signed and sealed this lease the __ of
______, 2020.
LESSOR: LESSEE:
City of Port Orchard South Kitsap Pee Wee Association
By: ________________________ By: ________________________
It’s: ________________________ It’s: ________________________
Page 193 of 207
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, on oath, stated that he/she was
authorized to execute the instrument and acknowledged it as the Mayor of the City of Port Orchard to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED: ___________________.
______________________________
NOTARY PUBLIC
Print Name: _________________
My appointment expires: ______
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, on oath, stated that he/she was
authorized to execute the instrument and acknowledged it as the ______________________ of the South
Kitsap Pee Wee Association to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
DATED: ___________________.
______________________________
NOTARY PUBLIC
Print Name: _________________
My appointment expires: ______
Page 194 of 207
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Contract No. 043-15
REAL PROPERTY LEASE AGREEMENT
LESSOR: CITY OF PORT ORCHARD, a municipal corporation
LESSEE: SOUTH KITSAP PEE WEE ASSOCIATION
LEGAL DESCRIPTION: NEl /4 Sec. 35 , T. 24 N , R IE
Complete legal description is below
ASSESSOR'S TAX PARCEL ID#: Portion of tax parcel #4046-003-001-0001
This Lease is made and entered into by and between the CITY OF PORT ORCHARD, a
municipal corporation organized and existing under the laws of the State of Washington,
herein referred to as Lessor or the City, and the SOUTH KITSAP PEE WEE
ASSOCIATION, a non-profit corporation herein referred to as Lessee. This Lease supersedes
the lease executed by the parties on April 27 , 2010, as well as the Application to Use City
Facility and Hold Harmless Agreement dated April 3, 1965, both of which are null and void
as of the effective date of this Lease.
Section 1 -PREMISES
A. For and in consideration of the mutual covenants hereinafter contained, Lessor does
hereby agree to lease, let and demise unto the Lessee the fields legally described below:
Giv ens Fi eld 1:
Those portions of Lots 1 to 24, Block 4 , which lie easterly of the extension of
the center line of Cline A venue with said lots, and those portions of Lots 1 to
24, Block 5 , and Lots 1 to 24, Block 6 , all of which lie north of the chain link
fence or line formed as an extension of the chain link fence which defines the
northerly boundary of the Little League Playfield, from its intersection with the
line formed by an extension of the centerline of Cline A venue on the west, to
its intersection with the line formed by the extension of the centerline of Austin
A venue on the east.
Portion APN 4046-003-001-0001
1 of8
Page 195 of 207
G iven s Fi e ld 2:
Those portions of Lots 1 to 24, Block 3, and Lots 1 to 24, Block 4, which lie
south of the chain link fence or line formed as an extension of the fence which
defines the northerly boundary of the Little League Playfi.eld, from its
intersection with the line formed by an extension of the centerline of Cline
A venue on the west, to its intersection with the line formed by the extension of
the centerline of Portland A venue on the east.
Portion APN 4046-003-001-0001
B. In addition, for and in consideration of the mutual covenants hereinafter contained, the
Lessor agrees to lease the first floor of the City Active Club Building located at 1025 Tacoma
Avenue, Port Orchard, WA, to the Lessee. The use of the terms "real property," "building"
and "Premises" in this Lease shall include all of the property and improvements described in
this Section 1.
Section 2 -TERM
The Lessee is currently in possession of the Property. The term of the lease shall be for five
(5) years commencing on May 1, 2015 and ending on April 30, 2020 if not sooner terminated
in the manner provided in Section 5 or 8. The parties shall have a mutual option to renew this
lease for an additional five (5) year term under the same terms and conditions or such other
terms and conditions as the parties then agree upon, provided, written notice to renew the
lease term must be given no sooner than 6 months, nor later than 90 days before the expiration
of the lease term.
Section 3 -RENT
The rent shall be One Dollar ($1.00) per year payable in full without deduction or offset, to
the Clerk of the City of Port Orchard on or before May 1 of each year during this lease. The
annual rent of $1.00 is in addition to the cost incurred by the Lessee in the maintenance and
improvements of the premises which contribute to the increased value of the Lessor's
property. Additional consideration is the community benefit that Lessee provides by
organizing and administering youth athletics programs on the premises. Real property taxes
and assessments shall be the responsibility of the City. All other taxes , including leasehold
taxes , and taxes on all personal property kept and maintained on the Premises, shall be paid
by the Lessee.
Section 4 -CONDITIONS OF USE
A. It is understood and agreed between the parties that the Lessee shall not utilize the
Premises other than for organizing and administering youth athletics programs, without
charging admission for the use of the Premises .
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Page 196 of 207
B. Lessee shall not sublease or rent any portion of the above-described real property
without the prior written consent of Lessor, and consent to a sub-lease or rental agreement
shall not be deemed to be consent to any subsequent sub-lease or rental agreement.
C. It is specifically agreed and understood that the Lessee shall not call on the Lessor to
make any improvements or repairs to the Premises. Lessee agrees to maintain the above-
described real property and the Premises during the term of this lease and shall be responsible
for the maintenance and upkeep of said real property and Premises at all times , including but
not limited to grass, infield surfaces, fences, seating, buildings, poles, lighting and other
utilities and shall be responsible for maintaining said area in an orderly state and sanitary
condition. It is further understood and agreed between the parties that the Lessee shall not
commence any new construction or improvements to the premises without first obtaining
written consent from the Lessor, as defined in Section 7 of this lease, and securing the
required permits from all appropriate agencies . The cost of said improvements and permits
shall be borne by the Lessee. Subject to the tenns and conditions of this lease, Lessee shall
cooperate and coordinate with the South Kitsap Western Little League, Inc., with respect to
any improvements to Givens Field 1 and Givens Field 2. Upon termination of this lease, all
newly constructed buildings, structures, foundations, and/or improvements, including but not
limited to lighting and poles, fences, and seating shall become property of the Lessor.
D. The Lessee is specifically prohibited from subjecting the Premises or the Lessor's assets
to any liens or claims of lien. Lessee shall keep the Premises free from any liens created by or
through Lessee. If a lien is filed against the Premises by any person claiming by, through or
under the Lessee, then Lessee shall, within ten (10) days after the Lessor's demand, at
Lessee's expense, either remove the lien or furnish to the Lessee a bond issued by a surety,
approved in form by the City Attorney, and in an amount satisfactory to the Lessor,
indemnifying the Lessor and the Premises against all liabilities, costs and expenses, including
attorneys' fees, which the Lessor could reasonably incur as a result of such lien.
E. Lessee acknowledges that the Premises described in this lease as Givens Field 1 and
Givens Field 2 are subject to an overlapping lease with the South Kitsap Western Little
League, Inc. Lessee shall have sole possession of Givens Field 1 and Givens Field 2 from
July 15 through January 14 during the term of this lease. The South Kitsap Western Little
League, Inc. shall have sole possession of Givens Field 1 and Givens Field 2 from January 15
through July 14 during the term of this lease. Lessee shall be responsible for appropriately
storing personal property on or before January 14 of each calendar year. Lessee and the South
Kitsap Western Little League, Inc. shall coordinate the use and annual transfer of possession
of Givens Field 1 and Givens Field 2 in a manner that is respectful of the purpose and intent
of both organizations.
F. Lessee and the South Kitsap Western Little League, Inc. shall coordinate the use
and/or maintenance of or improvement to Givens Field 1 and Givens Field 2 in a manner that
is respectful of the purpose and intent of both organizations. Specifically, Lessee agrees to
cooperate with the South Kitsap Western Little League, Inc . in the scheduling and
performance of reseeding and top dressing for Givens Field 1.
3 of 8
Page 197 of 207
G . Any dispute between Lessee and the South Kitsap Western Little League, Inc.
regarding the coordinated use and/or maintenance of or improvements to the Premises shall be
referred to the Mayor of Port Orchard. The Mayor's decision shall be a final resolution of any
such dispute.
H. If the Lessee fails to keep and maintain the Premises in the condition required by this
Agreement, the Lessor may, at its option, terminate this Agreement. As the Lessee is the
occupant of the Premises, it is fully familiar with the physical condition of the Premises and
accepts the Premises in its current condition as satisfactory to the Lessee's needs.
Section 5 -ABANDONMENT OF PREMISES
Lessee shall not vacate or abandon the premises during the term hereof except upon thirty
(30) days written notice sent by certified mail to Lessor. If Lessee shall abandon, vacate,
surrender or be dispossessed by process of law of said premises, all yearly rent remaining to
be paid Lessor as required under the terms of Section 3 of this Lease shall be immediately due
and payable to Lessor.
Section 6-INDEMNIFICATION; INSURANCE
A. Lessee shall defend, indemnify and hold harmless the City, its officers, officials,
employees and volunteers from and against any and all claims, suits, actions or liabilities,
including costs, reasonable attorneys' fees and expenses, for injury or death of any person, or
for loss or damage to property, which arises out of Lessee's use of the Premises or from the
conduct of Lessee's operations, or from any activity, work or thing done, permitted or
suffered by Lessee in or about the Premises, except only injury or damage as shall have been
occasioned by the sole negligence of the City. Lessor, its officers, elected officials,
employees and agents, shall not be liable for any loss, damage or injury of any kind or
character to any person or property arising from any use of the leased premises or any part
thereof, or caused by and/or arising from any act or omission of Lessee or any of its agents,
employees, licensees or invitees or by or from any accident on the leased premises or any fire
or other casualty thereon or occasioned by the failure of Lessee to maintain said premises or
to cause the same to be maintained in a safe condition or by a nuisance made or suffered
thereon, or arising from any other cause whatsoever; and Lessee, as a material part of the
consideration of this lease, hereby waives on its behalf all claims and demands against Lessor.
B. The Lessee shall procure and maintain, for the duration of this Lease, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the Lessee's operation and use of the leased Premises. Lessee's maintenance
of insurance as required by this Lease shall not be construed to limit the liability of the Lessee
to the coverage provided by such insurance or otherwise to limit the City's recourse to any
remedy available at law or equity.
Lessee shall obtain insurance of the types described below:
4 of8
Page 198 of 207
1. Commercial General Liability insurance which shall be written on Insurance Services
Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability.
The City shall be named as an insured on Lessee's Commercial General Liability
insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG
20 11 or a substitute endorsement providing equivalent coverage. Commercial General
Liability insurance shall be written with limits no less than $1,000 ,000 each occurrence,
$2,000,000 general aggregate.
2. Property insurance shall be written on an all risk basis. The property insurance shall be
written covering the full value of Lessee's property and improvements with no
comsurance prov1s10ns.
The Lessee's Commercial General Liability insurance policy or 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 Lessee's insurance and shall not contribute with it.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
Lessee 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 Lessee.
Lessee and the City hereby release and discharge each other from all claims, losses and
liabilities arising from or caused by any hazard covered by property insurance on or in
connection with the Premises. This release shall apply only to the extent that such claim ,
loss or liability is covered by insurance .
City shall purchase and maintain during the term of the Lease all-risk property insurance
covering the Building for its full replacement value without any coinsurance provisions.
The Lessee shall provide the City with written notice of any policy cancellation, within
two business days of their receipt of such noticy.
Failure on the part of the Lessee to maintain the insurance as required shall constitute a
material breach of the Lease, upon which the City may, after giving five business days'
notice to the Lessee to correct the breach, terminate the Lease 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. The language in this Section 6(A)
relating to indemnification shall survive the expiration or termination of this Agreement.
5 of8
Page 199 of 207
Section 7 -ASSIGNMENT
Lessee shall not assign or transfer this lease or any interest therein, without the prior written
consent of Lessor, and consent to an assignment shall not be deemed to be consent to any
subsequent assignment. Written consent of Lessor shall mean a majority of the City Council
members of the City of Port Orchard signing a letter of "assignment authorization" to be filed
with the Clerk of the City Council. Any such assignments without such consent shall be void,
and shall at the option of the Lessor, terminate with this lease.
Section 8-DEFAULT
In the event the Lessee shall fail to keep and perform any of the covenants and agreements
herein contained including but not limited to, the payment of rent, Lessor may terminate this
lease by giving written notice to Lessee. Lessee shall not be deemed to be in default of the
covenants and agreements hereunder unless Lessor shall first give to Lessee five (5) days
written notice of such default and Lessee fails to cure such default(s) within such five (5) day
period. In the ev ent of any such lease termination Lessor, in addition to the other rights and
remedies it may have, shall have the immediate right of re-entry and may remove all person
and property from the premises.
Section 9 -WAIVER
Lessor's waiver of one or more covenants or conditions shall not be construed as a waiver of a
subsequent breach of the same or other covenants or conditions.
Section 10 -PARTIES BOUND
The covenants and conditions herein contained shall, subject to the prov1s10ns as to
assignment and transfer, apply to and bind the heirs, successors, executors, administrators ,
and assigns of all the parties hereto.
Section 11 -NOTICE
Any notice required to be given to the parties under this Lease shall be in writing and
effective either when delivered in person or via overnight mail to the other party, or three (3)
days after being sent by registered or certified mail to the other party, at the addresses set
forth below:
City of Port Orchard
Attn: City Clerk
216 Prospect Street
Port Orchard, WA 98366
6 of8
South Kitsap Pee Wee Association
Attn: President
P.O. Box 1414
Port Orchard, WA 98366
Page 200 of 207
Section 12 --LESSOR'S RESERVATION
Lessor reserves the right, without liability to Lessee, to inspect the premises at reasonable
times, upon reasonable notice, and without unreasonable interference to Lessee's activities on
the premises.
Section 13 -ENTIRE AGREEMENT
This lease sets forth the entire agreement between the parties and it shall not be modified in
any manner except by an instrument in writing executed by the parties.
Section 14 -JURISDICTION, VENUE AND ATTORNEY FEES
Any action for claims arising out of or relating to this Lease shall be governed by the laws of
the State of Washington. Venue shall be in Kitsap County Superior Court. In any suit or
action instituted to enforce any right or obligation granted in this Agreement, the substantially
prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's
fees from the other party.
Section 15 -SEVERABILITY
The provisions of this Lease are declared to be severable. If any provision of this Agreement
is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect the validity or unconstitutionality of any
other provision.
[SIGNATURE PAGE FOLLOWS]
7 of8
Page 201 of 207
STATE OF WASHINGTON )
) ss.
County of Kitsap )
I certify that I know or have satisfactory evidence that~ (}()(1:t}:e:> is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath, stated
that .ht/she was authorized to execute the instrument and acknowledged it as the Mayor of the City of
Port Orchard to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
DATED:
STATE OF WASHINGTON )
) ss.
County of Kitsap )
I certify that I know or have satisfactory evidence that %ll n L \...,\) ncl is the person who
appeared before me, and said person acknowledged that he/sh signed this instrument, on oath, stated
tPff he/she was authorized to execute the instrument and acknowledged it as the
~TP (,id, {! :\--. of the South Kitsap Pee Wee Association to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
DATED: 6 \ \t \ IS
8 of 8
Page 202 of 207
City of Port Orchard
Council Meeting Minutes
Regular Meeting of April 14, 2020
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:34 p.m.
Roll call was taken by the City Clerk as follows:
Councilmember Ashby Present via Remote Access
Councilmember Chang Present via Remote Access
Councilmember Clauson Present via Remote Access
Councilmember Cucciardi Present via Remote Access
Councilmember Diener Present via Remote Access
Councilmember Lucarelli Absent
Mayor Pro-Tem Rosapepe Present via Remote Access
Mayor Putaansuu Present via Remote Access
Staff present via Remote Access: Public Works Director Dorsey, Finance Director Crocker, Community
Development Director Bond, City Attorney Archer, Police Chief Brown, and City Clerk Rinearson.
A. PLEDGE OF ALLEGIANCE
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the
agenda as distributed.
The motion carried.
3. CITIZENS COMMENTS
There were no citizen comments.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 79096 through 79184, 79195 through79288, and 79292 through
79405, including bank drafts in the amount of $2,223,786.05 and EFT’s in the amount of
$2,041.67 totaling $2,225,827.72.
Page 203 of 207
Minutes of April 14, 2020
Page 2 of 5
B. Approval of Payroll Check Nos. 79185 through 79194, 79289 through 72291 and 79406 through
79415 including bank drafts and EFT’s in the amount of $642,729.09; and Direct Deposits in the
amount of $531,214.61 totaling $1,173,943.67.
C. Approval of the March 10, 2020, Council Meeting Minutes
D. Approval of the March 17, 2020, Special Council Meeting Minutes
MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to approve the consent
agenda as presented.
The motion carried.
5. PRESENTATION
There were no presentations.
6. PUBLIC HEARING
There were no public hearings.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Amending Port Orchard Municipal Code Section 2.04.045 Remote
Attendance
MOTION: By Councilmember Cucciardi, seconded by Councilmember Rosapepe, to adopt an
ordinance amending Port Orchard Municipal Code section 2.04.045, pertaining to remote
attendance, as presented.
Councilmember Diener pointed out a misspelling in the last Whereas section.
City Attorney Archer noted this is a scrivener’s error and it will be corrected.
The motion carried.
(Ordinance No. 007-20)
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
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, 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.
Page 204 of 207
Minutes of April 14, 2020
Page 3 of 5
The motion carried.
(Resolution No. 010-20 and Contract No. 089-19)
C. Adoption of a Resolution Authorizing the Use of Digital and Electronic Signature Technology
and Ratifying the Use of Electronic Signatures During Declared Emergency
MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, 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.
The motion carried.
(Resolution No. 011-20)
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
MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, 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 (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.
The motion carried.
(Resolution No. 009-20 and Contract No. 039-20)
E. Adoption of a Resolution Approving Continuity of Operations (COOP) / Continuity of
Government (COG) Plan
Councilmembers, Mayor, and staff discussed the COOP/COG plan and resolution, to include the
process of the plan, the involvement of staff, potential updates, language of the resolution, and the
need for more time to review.
After further conversation, Mayor Putaansuu noted there will be no action on this item; however,
it will be brought forward at next week’s work study meeting and placed on the April 28, 2020,
Council meeting agenda for approval.
F. Approval of a Contract with Hayter Industries, LLC for Public Relations, Marketing and
Communications
MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to approve a contract
with Hayter Industries, LLC for Public Relations, Marketing, and Communications, as presented.
The motion carried.
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Minutes of April 14, 2020
Page 4 of 5
(Contract No. 040-20)
8. DISCUSSION ITEMS (No Action to be Taken)
There were no discussion items.
9. REPORTS OF COUNCIL COMMITTEES
Finance Director Crocker reported on the April 14, 2020, Finance Committee meeting [held through
remote access].
Mayor Putaansuu noted our committee meetings still need to meet, even if it cannot be in person.
Councilmember Ashby reported on a meeting her and Councilmember Clauson, on behalf of Kitsap
Transit, attended with Representative Derek Kilmer. The meeting was held remotely through Zoom.
10. REPORT OF MAYOR
The Mayor reported on the following:
• Local COVID-19 testing facility;
• 80-hour Federal Leave Policy;
• Newspaper update for noticing requirements;
• Lodging tax funding;
• Parking enforcement;
• Spring Clean-Up canceled;
• Clock tower chimes volume; and
• Pee-Wee and Little League leases.
Council briefly discussed the leases and agreed they would prefer a month to month, or year to year
lease.
• Public Health Board meeting held last week;
• Mayor’s Exchange;
• Utility shut-off’s and fees; and
• Bids received for the library repairs.
11. REPORT OF DEPARTMENT HEADS
Community Development Director Bond reported on the KRCC LUTAC [Kitsap Regional Coordinating
Council Land Use Technical Advisory] meeting held last week.
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Minutes of April 14, 2020
Page 5 of 5
Mayor Putaansuu noted the downtown study is still in our plan and Mr. Bond will be discussing this
during the April 28, 2020, Council meeting.
Finance Director Crocker reported on utility shut off’s and fees.
In response to Councilmember Diener, Police Chief Brown spoke to the volume and types of calls
they are receiving.
Mayor Putaansuu discussed security improvements to City Hall and other facilities, and a grant
opportunity for Kitsap Transit regarding a study for a downtown transit center.
12. CITIZEN COMMENTS
There were no citizen comments.
13. ADJOURNMENT
The meeting adjourned at 8:03 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
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