The URL can be used to link to this page

09/12/2023 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: Mark Trenary (Mayor Pro-Tempore) E/D & Tourism Committee, Chair Utilities/Sewer Advisory Committee Transportation Committee KRCC-alt Shawn Cucciardi Finance Committee E/D & Tourism Committee Lodging Tax, Chair Fred Chang Economic Development & Tourism Committee Land Use Committee Transportation Committee Jay Rosa pepe Finance Committee, Land Use Committee KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol alt, KRCC Planpol-alt, John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener Land Use Committee, Chair Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Jacki Brown Interim Public Works Director Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Wallace, MMC, CPRO City Clerk Meeting Location: Council Chambers, V Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@portorchardwa.gov City of Port Orchard Council Meeting Agenda September 12, 2023 6:30 p.m. Pursuant to the Open Public Meetings Act, the City Council is conducting its public meeting in the Council Chambers at City Hall. Members of the public may view and provide public comment during the meeting in person at City Hall, via the online platform zoom (link below), or via telephone (number below). The public may also view the meeting live on the City's YouTube channel. Remote access Link: https://us02web.zoom.us/m/88029298035 Zoom Meeting ID: 880 2929 8035 Zoom Call -In: 1-253-215-8782 Guiding Principles • Are we raising the bar? • Are we honoring the past, but not living in the past? • Are we building connections with outside partners? • Is the decision -making process positively impacting diversity, equity, and inclusion? 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. Please keep your comments respectful and no personal attacks. This is a comment period and not a question -and -answer session. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand. 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Vouchers and Electronic Payments B. Approval of Payroll and Direct Deposits C. Adoption of a Resolution Declaring Certain Personal Property as Surplus and Authorizing its Disposition Thereof (Wallace) Page 4 D. Adoption of a Resolution Supporting the DWSRF 2023 Pre -Construction Loan Application for the Improvement of Well No. 7 (J. Brown) Page 8 E. Adoption of a Resolution Approving Agreements in Lieu of Assessment with Frederick Stephens for Water and Sewer Connections (J. Brown) Page 10 F. Adoption of a Resolution Authorizing Contracts with Newalen LLC and Global Divine and Salvaee Services for Derelict Vessel Removal and Acceptance of Department of Natural Resources Reimbursement through the Derelicts Vessel Removal Program (M. Brown) Page 17 G. Approval of Amendment No. 1 to Contract No. 001-17 with the Doctor's Clinic for Employment Related Medical Services (Lund) Page 31 H. Adoption of a Resolution Approving the Purchase of an Elgin Broom Bear Sweeper from the Equipment Rental Revolving Fund 500 (J. Brown) Page 45 I. Acceptance of a Grant from Kitsap Bank for the Festival of Chimes and Lights Event (Wallace) Page 63 J. Adoption of a Resolution Approving an Amended Memorandum of Understanding with the Port of Bremerton for Waterfront Parking (Archer) Page 66 K. Adoption of a Resolution Adopting Operating Policy Related to Employee Information Exemption from Public Records (Lund) Page 86 L. Approval of Amendment No. 3 to Contract No. 094-21 with West Coast Code Consultants (WC-3) for Building/Fire Code Plan Review and Inspection Services (Archer) Page 98 5. PRESENTATION A. Association of Washington Cities-AWC (D. Dawson) B. Introducing OneKitsap-KEDA (J. Morrison) Page 123 C. Stormwater Comp Plan (J. Brown) 6. PUBLIC HEARING A. Public Hearing on Vacating City Right-of-ways, a Portion of an Alley off of Taylor Street and a Portion of Austin Avene Between Taylor Street and Smith Street; a Portion of Sweany Street off of Sidney Avenue and Most of the Alley Between Tayor Street and Divisions Street; and a Portion of an Alley off of Cline Street Between Sweany Street and Taylor Street (Wallace) Page 172 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending the 2023-2024 Biennial Budget & Salary Table (Crocker) Page 205 B. Adoption of a Resolution Approving Mayoral Appointments to the Lodging Tax Advisory Committee (Wallace) Page 212 C. Adoption of a Resolution Confirming Appointment of a Public Works Director (Lund) Page 217 D. Approval of the August 8, 2023, City Council Meeting Minutes Page 222 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 (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.) 13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 14. CITY COUNCIL GOOD OF THE ORDER 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.portorchardwa.&ov or by contacting the City Clerk's office at (360) 876-4407. September 12, 2023, Meeting Agenda Page 2 of 3 15. ADJOURNMENT COMMITTEE MEETINGS Economic Development and Tourism Utilities Finance Transportation Festival of Chimes & Lights Land Use Lodging Tax Advisory Sewer Advisory Outside Agency Committees Date & Time Location September 18, 2023; 9:30am Remote Access September 12, 2023; 5:00pm Remote Access September 19, 20275:00pmRemote Access September 26, 202Remote Access September 18, 202Remote Access September 20, 202Remote Access �September,2023 Remote Access October 4, 2023; 6:30pm City Hall with Remote Access Varies Varies Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.portorchardwa.&ov or by contacting the City Clerk's office at (360) 876-4407. September 12, 2023, Meeting Agenda Page 3 of 3 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Meeting Date: September 12, 2023 Subject: Adoption of a Resolution Declaring Certain Prepared by: Brandy Wallace, MMC Personal Property as Surplus and City Clerk Authorizing its Disposition Thereof Atty Routing No.: N/A Atty Review Date: N/A Summary: Assets of the City that are no longer useable, are no longer of value to the City, or are surplus to City needs, may be removed from City ownership, sold, or in any other way disposed with a declaration of surplus by the City Council. Staff is asking the Council to surplus the following: A. Two (2) 2022 small radar reader boards belonging to the police department. This item is damaged beyond repair. B. One (1) 2022 Dodge Ram 2500 belonging to the Street Fund. Was involved in an accident and the repair costs are higher than the value. C. One (1) 2003 Kubota Riding Mower belonging to the Parks Fund. It is past its life expectancy. D. One (1) 2008 Forklift belonging to the Water Fund. It is past its life expectancy. The Finance department has estimated the current value of the property to be $3,500. While some of the items were acquired for public utility purposes, the value of the property is less than $50,000, therefore a public hearing is not required, pursuant to RCW 35.94.040(2). Although the City's internal asset value of the items have been determined to be of low value, any monies from the sale of surplus property will be deposited into the Fund(s) which owned them. When disposal is to the general public through direct sale, sealed bid or auction, final determination of value shall be the highest responsible bid or offer. The City may transfer a surplus asset to another public agency upon written request and a determination that it is in the public interest. Staff will dispose the item in a manner that reflects the best interest of the City. Recommendation: Staff is recommending adoption of a resolution declaring personal property as surplus and allowing for its disposition. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a resolution declaring personal property as described, as surplus and authorizing its disposition. Page 4 of 227 Back to Agenda Consent Agenda 4C Page 2 of 2 Fiscal Impact: Money received from the disposition of surplus items will be deposited into the Funds of ownership. Alternatives: Do not adopt. Attachments: Resolution Page 5 of 227 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS AND AUTHORIZING ITS 411.9Zel-Ik11 Wi,r11:IAg01A WHEREAS, certain personal property owned by the police, water, street and parks departments of the City of Port Orchard have become surplus to the needs of the City; and WHEREAS, the City Council has determined that the current asset value of the items are $3,500; and WHEREAS, some of the items were acquired for public utility purposes, the value of the property is less than $50,000, therefore a public hearing it not required, pursuant to RCW 35.94.040(2); and WHEREAS, the City Council has, pursuant to the requirements of POMC 1.30.020, considered the possible future requirements of the City, the present value of the personal property, the likelihood of locating a buyer, possible intergovernmental cooperation, and the general welfare of the citizens of Port Orchard in determining whether it is in the best interest of the City to dispose of such personal property; and WHEREAS, the City Council desires to dispose of the following, A. Two (2) 2022 small radar reader boards belonging to the police department. This item is damaged beyond repair. B. One (1) 2022 Dodge Ram 2500 belonging to the Street Fund. Was involved in an accident and the repair costs are higher than the value. C. One (1) 2003 Kubota Riding Mower belonging to the Parks Fund. It is past its life expectancy. D.One (1) 2008 Forklift belonging to the Water Fund. It is past its life expectancy. in the best interest of the City; and now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Council declares to dispose of the following, A. Two (2) 2022 small radar reader boards belonging to the police department. This item is damaged beyond repair. B. One (1) 2022 Dodge Ram 2500 belonging to the Street Fund. Was involved in an accident and the repair costs are higher than the value. C. One (1) 2003 Kubota Riding Mower belonging to the Parks Fund. It is past its life expectancy. Page 6 of 227 Back to Agenda Resolution No. _ Page 2 of 2 D. One (1) 2008 Forklift belonging to the Water Fund. It is past its life expectancy. as surplus to the needs of the City. Staff is instructed to dispose the items in a manner that reflects the best interest of the City. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 12' day of September 2023. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 7 of 227 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4D Meeting Date: September 12, 2023 Subject: Adoption of a Resolution Supporting the DWSRF 2023 Pre -Construction Loan Application for the Improvement of Well No. 7 Prepared by: Jacki Brown Interim Public Works Director Atty Routing No.: 366922-0009 Atty Review Date: September 5, 2023 Summary: The City of Port Orchard's Well No. 7 was identified as a priority task for the City of Port Orchard's Public Works Department. At the March 28, 2023, Utilities Committee meeting the recommended improvements and funding opportunities were discussed. The Drinking Water State Revolving Fund (DWSRF) has a loan program that may help to fund this project. As part of the 2023 DWSRF Loan Application for the Improvement of Well #7 in the City of Port Orchard Water System, the Washington State Department of Health, Office of Drinking Water (ODW) requires the City Council to approve the City's submittal of the DWSRF application, the proposed project, and the estimated amount sought for funding. If authorized by Council by this Resolution, the City of Port Orchard Public Works Department will submit a 2023 Pre -Construction Loan Application request in the amount of $500,000.00 for the improvement of Well #7 in the City of Port Orchard Water System. If the application is successful, the ODW Funding will be available to commence with the design of the improvement of Well #7 in 2024. Relationship to Comprehensive Plan: Chapter 7 Utilities Recommendation: Staff recommends that the City Council adopt a Resolution thereby supporting the City's application for the 2023 Drinking Water State Revolving Fund Loan for the improvement of Well #7 in the City of Port Orchard Water System. Motion for Consideration: I move to adopt a Resolution of support for the City's application for a 2023 Drinking Water State Revolving Fund Loan for improvements to Well #7 in the City of Port Orchard Water System. Fiscal Impact: If approved and the loan application is successful there would be debt service in future fiscal years. Alternatives: Do not authorize the City to apply for the loan and provide alternative guidance Attachments: Resolution Page 8 of 227 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, SUPPORTING THE DRINKING WATER STATE REVOLVING FUND LOAN APPLICATION PROCESS FOR THE IMPROVEMENT OF WELL NO. 7 IN THE CITY OF PORT ORCHARD WATER SYSTEM. WHEREAS, the Well No. 7 Improvement Project to make necessary improvements to this component of the City of Port Orchard Water System (the "Project") has been identified as a priority task for the City of Port Orchard's Public Works Department; and WHEREAS, the City desires to apply for the 2023 Drinking Water State Revolving Fund Loan, administered by the Washington State Department of Health, Office of Drinking Water ("ODW"), to fund the Project; and WHEREAS, ODW requires a statement of support from the City Council in conjunction with the City's submittal of the DWSRF application, setting out the proposed project and the estimated amount requested for funding; and WHEREAS, the City Council believes it is in the best interests of the City for the City of Port Orchard Public Works Department to submit a Loan Application request in the amount of $500,000.00 for the Project, in order to fund this vital Project to improve the City's Water System; and WHEREAS, if awarded, the ODW Funding will allow the City to commence with the design of the Improvement of Well #7 in the City of Port Orchard Water System in 2024; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council fully supports the Washington State Department of Health, Office of Drinking Water Loan Application process for the Improvement of Well #7 in the City of Port Orchard Water System. THAT: This Resolution shall be take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 12t" day of September2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 9 of 227 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 4E Subject: Adoption of a Resolution Approving Agreements in Lieu of Assessment with Frederick Stephens for Water and Sewer Connections Back to Agenda Meeting Date: September 12, 2023 Prepared by: Jacki Brown Interim Public Works Director Atty Routing No.: 366922-0009 Atty Review Date: September 5, 2023 Summary: The City of Port Orchard provides water and sewer services to the area near and around Garrison Street. On July 13, 2023, Frederick Stephens, owner of Kitsap County Assessor's Tax Parcel No. 4043-001-009-0000 located on Garrison Street (the "Property'), requested water and sewer service to the Property from the City of Port Orchard for a new single-family residence. No water or sewer mains currently exist on the street fronting the Property. Pursuant to the City's standards, water and sewer connections for the Property would require extensions of the water main and sewer main from the existing mains on Garrison Street. Pursuant to RCW 35.92.025, the City is authorized to allow connections to the City's water and sewer systems and levy a connection charge for such connections. The Public Works Department has determined that it would be cost prohibitive and infeasible to require Mr. Stephens to construct the extensions of the water and sewer mains for a single connection. Staff recommends Agreements in Lieu of Assessment that will allow Mr. Stephens to build, at his own expense, temporary private lines to connect to the City's water and sewer systems on Garrison Street. Should other real property on this section of Garrison Street need water or sewer service in the future, the extensions of the mains will be necessary and Mr. Stephens or his successors or assigns will be required to connect to those mains at that time. Connection fees would be determined by the rates in effect at the time of connection. Recommendation: Staff recommends adoption of a Resolution, authorizing the Mayor to sign Agreements in Lieu of Assessment for Water and Sewer, with Mr. Frederick Stephens for future utility infrastructure installation, operation, and maintenance. Relationship to Comprehensive Plan: Chapter 7.2 - City Managed Utilities. Motion for Consideration: I move to adopt a Resolution, authorizing the Mayor to execute Agreements in Lieu of Assessment for Water and Sewer with Mr. Frederick Stephens for future utility infrastructure installation, operation, and maintenance. Alternatives: None Fiscal Impact: None Attachments: Resolution, Contract 069-23 - Agreement in Lieu of Assessment — Sewer Contract 071-23 - Agreement in Lieu ofAssessment — Water Page 10 of 227 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH FREDERICK STEPHENS FOR UTILITY EXTENSIONS. WHEREAS, the City of Port Orchard provides water and sewer services to the area near and around Garrison Street; and WHEREAS, on July 13, 2023, Frederick Stephens, owner of Kitsap County Assessor's Tax Parcel No. 4043-001-009-0000 located on Garrison Street (the "Property"), has requested water and sewer service to the Property from the City of Port Orchard for a new single-family residence; and WHEREAS, pursuant to RCW 35.92.025, the City is authorized to allow connections to the City's water and sewer systems and levy a connection charge for such connections; and WHEREAS, under existing standards, water and sewer connections for the Property may require extensions of the water main and sewer main from the existing mains on Garrison Street; and WHEREAS, the Public Works Department has determined that it is cost prohibitive and infeasible to require Mr. Stephens to construct the extensions of the water and sewer mains for single connections to the Property; and WHEREAS, consistent with the City's existing standards, Staff recommends the execution of Agreements in Lieu of Assessment that will allow Mr. Stephens to build, at his own expense, temporary private lines to connect to the City's water and sewer systems on Garrison Street until extensions of the water and sewer mains are constructed; and WHEREAS, in the future should other real property on this section of Garrison Street need water or sewer service, and extensions of the mains are developed, Mr. Stephens or his successors or assigns will be required to connect to those mains at that time at their own expense(s); and WHEREAS, the City Council finds that authorizing the execution of Agreements in Lieu of Assessment serve the interests of the residents of Port Orchard; now, therefore, Page 11 of 227 Back to Agenda Resolution No. _ Page 2 of 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of the Resolution. THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute Agreements in Lieu of Assessment attached hereto and incorporated herein by this reference. THAT: This Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 12t" day of September 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 12 of 227 Back to Agenda After Recording Return to: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 AGREEMENT IN LIEU OF ASSESSMENT Contract No. o69-23 GRANTOR: Frederick Stephens GRANTEE: City of Port Orchard LEGAL DESCRIPTION: Lot 9, Block 1, Mattson's Addition to Port Orchard, as recorded in Volume 3 of Plats, Page 67, Records of Kitsap County, Washington TAX PARCEL NO.: 4043-001-009-0000 This agreement is entered into between the City of Port Orchard, a Washington municipal corporation, hereafter referred to as "City", and Frederick Stephens, hereafter referred to as "Owner". Owner owns certain real property which does not front on any of the City's sewer mains, but Owner seeks to obtain sewer service from the City by installing a private sewer line from the City's nearest sewer main to the Owner's property. Owner's real property is legally described above. The referenced real property is hereafter referred to as the "Property". In consideration of the foregoing recitals, and the promises and covenants of the parties hereinafter set forth, the parties agree as follows: >l. SEWER SERVICE. The City hereby agrees to provide sewer service, not to exceed the usual and customary requirements for a single Equivalent Residential Unit (ERU), to the Property. No other buildings or real property may connect to or be served by the private sewer line without the City's approval. Owner shall construct, own, operate and maintain the private sewer line at the Owner's sole cost and expense. The City reserves the right to review and approve the designs and specifications relating to private sewer line, including the manner in which the private sewer line will be connected to the City's main line. The private sewer line shall connect to the City's sewer main at a location approved by the City. Page 13 of 227 Back to Agenda 9. RECORDING. The City shall record this agreement with the Kitsap County Auditor, at the cost of the Owner. �/ DATED this I C day of , 20V. CITY OF PORT ORCHARD, WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Charlotte Archer, City Attorney Name and Title (Owner) Page 14 of 227 Back to Agenda After Recording Return to: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 AGREEMENT IN LIEU OF ASSESSMENT Contract No. 0 71-2g GRANTOR: Frederick Stephens GRANTEE: City of Port Orchard LEGAL DESCRIPTION: Lot 9, Block 1, Mattson's Addition to Port Orchard, as recorded in Volume 3 of Plats, Page 67, Records of Kitsap County, Washington TAX PARCEL NO.: 4043-001-009-0000 This agreement is entered into between the City of Port Orchard, a Washington municipal corporation, hereafter referred to as "City", and Frederick Stephens, hereafter referred to as "Owner". Owner owns certain real property which does not front on any of the City's water mains, but Owner seeks to obtain water service from the City by installing a private water line from the City's nearest water main to the Owner's property. Owner's real property is legally described above. The referenced real property is hereafter referred to as the "Property". In consideration of the foregoing recitals, and the promises and covenants of the parties hereinafter set forth, the parties agree as follows: >l. WATER SERVICE. The City hereby agrees to provide water service, not to exceed the usual and customary requirements for a single Equivalent Residential Unit (ERU), to the Property. No other buildings or real property may connect to or be served by the private water line without the City's approval. Owner shall construct, own, operate and maintain the private water line at the Owner's sole cost and expense. The City reserves the right to review and approve the designs and specifications relating to private water line, including the manner in which the private water line will be connected to the City's main line. The private water line shall connect to the City's water main at a location approved by the City. Page 15 of 227 Back to Agenda 9. RECORDING. The City shall record this agreement with the Kitsap County Auditor, at the cost of the Owner. DATED this day of A�, 20,2 CITY OF PORT ORCHARD, WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Charlotte Archer, City Attorney -�X6A4�ik Gl C., wner) tR : n r R Name and Title Page 16 of 227 Agenda Item No. Subject City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 4F Meeting Date: Adoption of a Resolution Authorizing Contracts Prepared by: with Newalen LLC and Global Diving and Salvage Services for Derelict Vessel Removal and Acceptance of Department of Natural Resources Reimbursement through the Derelicts Vessel Removal Program Atty Routing No.: Atty Review Date: Back to Agenda September 12, 2023 Matt Brown Police Chief 366922-0012 September 5, 2023 Summary: The City Council has made it a priority to address derelict vessels in Sinclair Inlet. The Police Department has partnered with the Department of Natural Resources (DNR) to enforce laws pertaining to illegal moorage on the seafloor that is managed by DNR. The Port Orchard Police Marine Patrol followed protocol in compliance with state law to seize derelict/abandoned vessels and remove three vessels from Sinclair Inlet. One derelict vessel sank, and two other vessels have been lawfully seized and are awaiting disposal. The City requires the services of a specialized consultant to raise and dispose of these derelict vessels. Per the City's procurement policies, the Police Department identified qualified vendors for these services through Washington State Department of Enterprise Services (DES) Contract No. 16122 for Vessel removal, Disposal, or salvage Services for Derelict Vessels (the "DES Contract"). Staff submitted DES Work Requests to a DES contract specialist, who provided vendor bids for these services at the DES Contract rate. The proposals are as follows: Newallen LLC submitted a proposal to raise, remove, and dispose of the sunken vessel named "Carioca" for $29,499. Global Diving and Salvage submitted a proposal to shift an unnamed sailboat (WN 209 CA), currently in police custody, to a boatyard and dispose of it for $7,985. Global Diving and Salvage submitted an additional proposal to shift an unnamed sailboat (WA 8275 NS), currently in police custody, to a boatyard and dispose of it for $7,885. Total cost for removal and disposal of all three vessels is approximately $47,000. The vendors provided purchase orders for the proposed services, and staff confirmed the submitted prices are consistent with the DES Contract and that all procurement requirements were met by the DES Contract and the submitted pricing. Page 17 of 227 Back to Agenda Consent Agenda4F Page 2 of 2 Recommendation: Staff recommends authorizing the Mayor to sign purchase orders with Newallen LLC and Global Diving and Salvage and to accept the Department of Natural Resources Reimbursement through the Derelicts Vessel Removal Program. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt a Resolution to authorize the Mayor to execute enter into agreements with Newallen LLC and Global Diving and Salvage for services related to derelict vessel removal." Fiscal Impact: There is $50,000 Included in the 2023-2024 Biennial Budget for derelict vessel removal. A future budget amendment will be needed to provide additional expenditure authority. The attached contracts are anticipated to be paid for as a reimbursement from the State DNR program up to $47,000 or 100% of the expenses. As such, it is anticipated there will be no impact to the ending fund balance. Alternatives: Do not approve and provide alternative guidance. Attachment: Resolution Purchase Orders/Quotes Page 18 of 227 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR DERELICT VESSEL REMOVAL WITH NEWALLEN LLC AND GLOBAL DIVING AND SALVAGE, AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the City has made the removal and disposal of abandoned and derelict vessels in Sinclair Inlet a priority to avoid the negative impacts these vessels have on the people, property, and environment of the City; and WHEREAS, in furtherance of this priority, the City of Port Orchard Police Department and its Marine Patrol has partnered with the Washington Department of Natural resources (DNR) to enforce laws pertaining to illegal moorage on the seafloor; and WHEREAS, the City identified the need to raise, remove, and dispose seized vessels and requires a specialized consultant for these services; and WHEREAS, the City identified qualified vendors procured through Washington State Department of Enterprise Services (DES) Contract No. 16122 for Vessel removal, Disposal, or salvage Services for Derelict Vessels (the "DES Contract"); and WHEREAS, staff reviewed the procurement process utilized by DES for the DES Contract, confirmed the statutory procurement requirements were met, and obtained all necessary documentation from DES and the vendor regarding procurement; and WHEREAS, Staff requested quotes from the approved vendors and received a proposal from Global Diving & Salvage, Inc., and to dispose of two vessels currently in police custody; and WHEREAS, staff received a quote from vendor Newalen, LLC to raise, remove, and dispose of a sunken vessel; and WHEREAS, staff confirmed that the quoted pricing is consistent with the DES Contract rates and that all applicable procurement rules were met for this procurement; and WHEREAS, the costs associated with these services are eligible for reimbursement from the Department of Natural Resources Derelict Vessel Removal Program; 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, Page 19 of 227 Back to Agenda THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to execute contracts in a form that is acceptable to the City Attorney with Global Diving & Salvage, Inc. and Newalen, LLC for a total cost of $47,000 for derelict vessel services. The Mayor is authorized to take all actions necessary consistent with this authorization to effectuate this approval. THAT: The Mayor is authorized to pursue funding reimbursement through the Washington Department of Natural Resources' Derelict Vessel Removal Program, and to execute all documents necessary to apply for and to accept said funding. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 121" day of September 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 20 of 227 Back to Agenda Work Request No.: WORK REQUEST - CONTRACT 16122 VESSEL REMOVAL, DISPOSAL OR SALVAGE SERVICES FOR DERELICT VESSELS) VENDOR FORM Purchaser Work Request Port Orchard, WN 209 CA Sailboat Number: Vendor Name: Global Diving & Salvage, Inc. Vendor Address: 3840 W Marginal Way SW, Seattle, WA 98106 Vendor Contact Name: Kristofer Lindberg Vendor Phone No.: 206 623-0621 klindberg@gdiving.com Vendor Email: Project Manager Name: Kristofer Lindberg Project Manager Phone: 206 898-0949 Vendor's Work Plan: Global will mobilize an appropriate environmental support vessel to shift the derelict vessel from the Dekalb Pier to the nearby boatyard to be hauled from the water. The vessel will cleared of any house hold hazardous materials and any hydrocarbons prior to being disposed of with the local, permitted waste handler and recycler. Bills of lading and scale tickets will be provided for all materials. Other Information: Global acknowledges that this is a prevailing wage job at Kitsap County rates. Both a Notice of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid will be submitted to the Washington State Department of Labor and Industries. Quotation: $7,985.00 Prompt Payment Discount: 1 % 10 Days Subcontractors (if applicable): Yachtfish Boatyard 4 Revised 3-1-2023 Page 21 of 227 Back to Agenda Work Request No.: WORK REQUEST STATE OF WASHINGTON This Purchaser work request ("Work Order") pertaining to Statewide Contract No. 16122 is made and entered into by and between Purchaser, and Global Diving & Salvage, Inc., a WA State corporation ("Contractor") and is dated and effective as of This Work Order is subject to the terms and conditions of Statewide Contract No. 16122. Both the Purchaser and the Contractor are responsible for ensuring the work performed is within the scope of this Work Request. The Purchaser must monitor proper compliance with the terms of this Work Request. Statement of Work: Purchaser Fill In Description Note: Contractor must send invoices to the Purchaser Invoice Address specified on page 1 of the Work Request Form. Contractor Purchaser Approval (Authorized signatory) 7/28/23 (Signature) (Date) (Signature) Authorized Representative (Date) Print Name: Phone: W/O Manager Email: (Print): Kristofer Lindberg Telephone No.: 206 898-0949 Work Order Manager Approval Email: (Signature) (Date) klindberg@gdiving.com uL Print Name: Phone: Email: Revised 3-1-2023 Page 22 of 227 Back to Agenda Work Request No.: WORK REQUEST - CONTRACT 16122 (VESSEL REMOVAL, DISPOSAL OR SALVAGE SERVICES FOR DERELICT VESSELS) VENDOR FORM Purchaser Work Request Port Orchard WN 8275 NS Sailboat Number: Vendor Name: Global Diving & Salvage, Inc. Vendor Address: 3840 W Marginal Way SW, Seattle, WA 98106 Vendor Contact Name: Kristofer Lindberg Vendor Phone No.: 206-623-0621 Vendor Email: klindberg@gdiving.com Project Manager Name: Kristofer Lindberg Project Manager Phone: 206-898-0949 Vendor's Work Plan: Global will mobilize an appropriate environmental support vessel to shift the derelict vessel from the Dekalb Pier to the nearby boatyard to be hauled from the water. The vessel will cleared of any house hold hazardous materials and any hydrocarbons prior to being disposed of with the local, permitted waste handler and recycler. Bills of lading and scale tickets will be provided for all materials. Other Information: Global acknowledges that this is a prevailing wage job at Kitsap County rates. Both a Notice of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid will be submitted to the Washington State Department of Labor and Industries. Quotation: $7,885.00 Prompt Payment Discount: 1 % 10 Days Subcontractors (if applicable): Yachtfish Boatyard 4 Revised 3-1-2023 Page 23 of 227 Back to Agenda Work Request No.: WORK REQUEST STATE OF WASHINGTON This Purchaser work request ("Work Order") pertaining to Statewide Contract No. 16122 is made and entered into by and between Purchaser, and Global Diving & Salvage, Inc., a WA State corporation ("Contractor") and is dated and effective as of This Work Order is subject to the terms and conditions of Statewide Contract No. 16122. Both the Purchaser and the Contractor are responsible for ensuring the work performed is within the scope of this Work Request. The Purchaser must monitor proper compliance with the terms of this Work Request. Statement of Work: Purchaser Fill In Description Note: Contractor must send invoices to the Purchaser Invoice Address specified on page 1 of the Work Request Form. Contractor Purchaser Approval (Authorized signatory) 7/28/23 (Signature) (Date) (Signature) Authorized Representative (Date) Print Name: Phone: W/O Manager Email: (Print): Kristofer Lindberg Telephone No.: 206 898-0949 Work Order Manager Approval Email: (Signature) (Date) klindberg@gdiving.com uL Print Name: Phone: Email: Revised 3-1-2023 Page 24 of 227 WORK REQUEST Back to Agenda STATEWIDE CONTRACT 16122 VESSEL REMOVAL, DISPOSAL OR SALVAGE SERVICES FOR DERELICT VESSELS Purchaser Requesting Work: I Port Orchard Police Department Purchaser Work Request No. Purchaser Location: Sinclair Inlet — Port Orchard Purchaser Contact Name: Sgt. Holden Purchaser Phone No.: 360-337-9876 Purchaser Email: THolden@portorchardwa.gov Purchaser Billing Address: 546 Bay St. Purchaser Billing Email: NCrocker@portorchardwa.gov Category A— Low Risk Removals Category B — Low Risk Removals, up to 35' Check which Category Applies Category C— Higher Risk Removals Category D — Salvage Category E — Ship Deconstruction Date Issued July 16, 2023 Work Request Location: Sinclair Inlet Scope of Work: 1979 34' Fantasy Boats of Florida (FBF) Fiberglass Pleasure Craft has SUNK about % mile from shore, in tidal waters that fluctuate approximately 25-40 feet deep. Other Factors/Information: Vessel Sunk July 10th, 2023. No Sheen from any fluids. Expected Period of Work: ASAP Site Visit Date & Time: At your convenience BID DUE DATE & TIME: July 301h @ 1700 Submit Proposals and/or Sgt. Holden Questions to: Proposals can be submitted via THolden@portorchardwa.gov on or before the bid due date. Awarded Contractor: Purchaser will determine if the proposal is responsive to Purchaser's published Work Request. Purchaser also will evaluate pricing. The Bidder with the lowest evaluation price will be SELECTED as ASB for Purchaser's Published Work Request. The Purchaser then will review the ASB's Work Plan, provided as part of the Bidder's response to Purchaser's published Work Request, for approval on a pass/fail basis. A Work Order/Contract for Purchaser's published Work Request will be awarded to the responsive Bidder who has the lowest cost. Prevailing Wages: The Department of Labor and Industries will publish prevailing wage rates on the first business day of February and August of each year. The wage rates will become effective thirty (30) days following publication. For all contracts, the prevailing wage rates which are in effect on the Bid opening date or on the effective date of any extension of the contract are the wage rates that must be paid for the duration of the contract. Questions should be directed to the Industrial Statistician, Department of Labor and Industries, Employment Standards Division, PO Box 44540, Tumwater, WA Revised 10-20-2022 Page 25 of 227 Back to Agenda VVU1K RCUUCJI IVU. 98504-4540 (Telephone (360) 902-5334) or the Purchasing Activity. These wage rates are made part of this contract as though fully set forth herein. The Contractor must submit to the Industrial Statistician of the Department of Labor and Industries a "Statement of Intent to Pay Prevailing Wages." A copy of the approved intent statements must be submitted to the Purchaser in order to receive the first progress payment on this Contract. Following final acceptance of the project, Contractor must submit to the Industrial Statistician an "Affidavit of Wages Paid." An approved affidavit must be submitted to the Purchaser before they are authorized to release the retained funds. Each "Statement of Intent to Pay Prevailing Wages" or "Affidavit of Wages Paid" submitted for approval to the Industrial Statistician must be accompanied with the current filing fee. A copy of the approved Statement of Intent to Pay Prevailing Wages shall be posted at the job site with the address and telephone number of the Industrial Statistician, where a complaint or inquiry concerning prevailing wages may be made. If a dispute arises as to what are the prevailing rates of wages for a specific trade, craft or occupation, and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries, and his/her decision shall be final, conclusive and binding on all parties involved in the dispute. Vocationally handicapped workers, i.e., those individuals whose earning capacity is impaired by physical or mental deficiency or injury, may be employed at wages lower than the established prevailing wage. The Fair Labor Standards Act requires that wages based on individual productivity be paid to handicapped workers employed under certificates issued by the Secretary of Labor. These certificates are acceptable to the Department of Labor and Industries. Sheltered workshops for the handicapped may submit a request to the Department of Labor and Industries for a special certificate, which would, if approved, entitle them to pay their employees at wages, lower than the established prevailing wage. Prevailing wage requirements do not apply to: a) Sole owners and their spouses. b) Any partner who owns at least 30% of a partnership. c) The president, vice-president, and treasurer of a corporation if each one owns at least 30% of the corporation. d) Workers regularly employed on monthly or per diem salary by state or any political subdivision created by its laws. Bid Documents — FIRM OFFER Bidder certifies that its bid pertaining to Purchaser's published Work Request is a firm offer which cannot be withdrawn for a time period of thirty (30) days from and after the specified bid due date. Purchaser may accept such bid, with or without further negotiation, at any time within such period. In the event of a protest, Bidder's bid shall remain valid for such time period or until the protest and any related court action is resolved, whichever is later. 2 Revised 3-1-2023 Page 26 of 227 Back to Agenda Work Request No.: WORK REQUEST - CONTRACT 16122 VESSEL REMOVAL, DISPOSAL OR SALVAGE SERVICES FOR DERELICT VESSELS) VENDOR FORM Purchaser Work Request Work Order WN 3760 KX "Carioca" Number: Vendor Name: Newalen, LLC Vendor Address: 3907 SW 282nd St, Newberry, FL 32669 Vendor Contact Name: Andrea Guild Vendor Phone No.: 509-953-4726 Vendor Email: Newalen@live.com Project Manager Name: Todd Snyder Project Manager Phone: 509-941-8200 Vendor's Work Plan: Newalen and Associated Underwater Services will mobe to the vessel within 10 days of contract acceptance. AUS will perform the dive work and will attach lift bags to raise the sunk sailboat. They anticipate 1-2 days of diving for this. Once raised, Newalen will tow the vessel to the Port Orchard City Dock with the lift bags on it. Newalen will remove the vessel from the water by winching onto our transport trailer at the launch. We anticipate being able to truck it ourselves, however won't know for sure until the vessel is out of the water and condition assessed. If unable to transport ourselves, then we will utilize Associated Boat Transport. If applicable, the vessel top will be cut down to legal height for transport. The vessel will go to our facility in Yakima for removal of all fuel, oil, fire extinguishers, batteries, etc. prior to final disposal. Newalen will transport to Caton Landfill in Naches, WA for disposal. Project duration: 1 week Photos and disposal slip from Caton will be provided. Other Information: Schedule is weather dependent and based on dive company's availability Quotation: $ 29, 449.00 Vendor — provide pricing (fixed price) , do not add sales tax Prompt Payment Discount: N/A Days 3 Revised 3-1-2023 Page 27 of 227 Back to Agenda Work Request No.: Subcontractors (if applicable): I Associated Underwater Services 4 Revised 3-1-2023 Page 28 of 227 Back to Agenda Work Request No.: WORK REQUEST STATE OF WASHINGTON This Purchaser work request ("Work Order") pertaining to Statewide Contract No. 16122 is made and entered into by and between Purchaser, and Newalen, LLC, a WA Limited Liability Company ("Contractor") and is dated and effective as of July 30, 2023. This Work Order is subject to the terms and conditions of Statewide Contract No. 16122. Both the Purchaser and the Contractor are responsible for ensuring the work performed is within the scope of this Work Request. The Purchaser must monitor proper compliance with the terms of this Work Request. Statement of Work: Purchaser Fill In Description Work Order WN 3760 KX "Carioca". 1979 34' Fantasy Boats of Florida (FBF) Fiberglass Pleasure Craft has SUNK about % mile from shore, in tidal waters that fluctuate approximately 25-40 feet deep. Note: Contractor must send invoices to the Purchaser Invoice_ Address specified on page 1 of the Work Request Form. Contractor Purchaser Approval (Authorized signatory) Newalen, LLC (Signature) (Date) (Signature) Authorized Representative 7/30/2023 Print Name: Phone: W/O Manager Email: (Print): Andrea Guild Telephone No.: 509-953-4726 Work Order Manager Approval Email: (Signature) (Date) Newalen@live.com Print Name: Phone: Email: 7 5 Revised 3-1-2023 Page 29 of 227 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 Global Diving & Salvage, Inc. 3840 W Marginal Way SW Seattle, WA 98106 Newalen, LLC 3907 SW 282nd St Newberry, FL 32669 Bill To: Attn: Accounts Payable City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ap@portorchardwa.gov PURCHASE ORDE P.O. No. 071-23 Date: September 12, 2023 Ship To: City of Port Orchard Police Department 546 Bay Street Port Orchard, WA 98366 Ordered By: Authorized Signature: Trey Holden Police Department City Clerk or Authorized Representative Signature Qty Unit Price Total Acquire Services for Derelict Vessel Removal and Acceptance of Department of Natural Resources Reimbursement through the Derelict Vessel Removal Program 1 Global Diving & Salvage, Inc.—WN 209 CA Sailboat $7,985.00 $7,985.00 1 Global Diving & Salvage, Inc.—WN 8275 INS Sailboat $7,885.00 $7,885.00 1 Newalen, LLC—WN 3760 KX "Carioca" Fixed price, do not add sales tax $29,449.00 $29,449.00 **DES Contract No. 16122 **Applicable sales tax will apply *See attached Work Requests for more information IF TOTAL COST IS OVER $7,500.00 ATTACH PROCUREMENT DOCUMENTS THIS ORDER IS A CONFIRMATION Yes THIS ORDER IS NOT A CONFIRMATION ACCOUNT CODE Subtotal 1 $45,319.00 Sales Tax (9.3%) $1 475.91 on 2 boats Page 30 of 227 Bal Due 1 $46,794.91 Back to Agenda AM W . Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 4G Approval of Amendment No. 1 to Contract No. 001-17 with the Doctor's Clinic for Meeting Date: Prepared by: Employment Related Medical Services Atty Routing No. Atty Review Date September 12, 2023 Debbie Lund HR Director 366922-0008 August 2, 2023 Summary: The City of Port Orchard has had a contract with the Doctor's Clinic in place since 2017 for employer required medical services for employees (e.g., testing, vaccinations, etc.). The list of services needed from the Doctor's Clinic has expanded to include such things as Hepatitis B vaccinations for employees. In addition, the City has been notified of a price increase for some services, effective September 1, 2023. Therefore, an amendment to the contract is needed. This amendment will allow for price increases to be absorbed without further action of the council, an expansion of authorized services including Hepatitis B vaccinations, and provide for services currently being offered to the Police Department to be provided under the 2017 contract terms. Recommendation: Staff recommends authorization of this first amendment to Contact number 001- 17 with the Doctor's Clinic. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to sign Amendment No. 1 to Contract No. 001-17 with the Doctor's Clinic, as presented." Fiscal Impact: Minimal and within budget. Alternatives: None. Attachments: Contract 001-17 Amendment 1 Page 31 of 227 Back to Agenda CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 30th day of January 2017, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Rob Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and The Doctor's Clinic, Part of Franciscan Medical Group, Occupational Medicine Department, an Occupational Medicine Clinic, organized under the Laws of the State of Washington, doing business at: The Doctors Clinic, PC (hereinafter the "CONSULTANT") 9621 Ridgetop Blvd NW Silverdale, WA 98383 Contact: Marisa Clauson Phone: 360-782-3609 Fax: 360-782-3345 for professional services in connection with the following Project: DOT/CDL Exam and Certifications which includes basic hearing and vision testing for the exam, required vital signs, required urinalysis, and Pulmonary Function tests as appropriate. TERMS AND CONDITIONS 1. Services by Consultant. A. The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City and Consultant may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. Consultant shall perform the services described above. If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. City of Port Orchard Name of Contract Professional Service Agreement Contract No. 001 -17 1 of 8 Page 32 of 227 Back to Agenda 3. Terms. This Agreement shall commence on January 30"', 2017, and shall continue until terminated in writing by either party. 4. Compensation. ❑ LUMP SUM. Compensation for these services shall be a Lump Sum of$. J _ _ ^ ^ . . ❑ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $ without written authorization and will be based on billing rates and reimbursable expenses attached hereto as Exhibit A. ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and material basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit " JGI OTHER. DOT physical exam - $100.00 General physical exam- $82.00 OSHA Respirator Questionnaire only- $26.00 PPT (Spirometry) w/questionnaire- $49.00 Respirator Physical (if needed) - $43.00 5. Payment. A. Consultant shall provide monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. Consultant shall keep records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, Consultant will correct or modify the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the Agreement. City of Port Orchard Name of Contract Professional Service Agreement Contract No. 001 -17 2 of 8 Page 33 of 227 Back to Agenda 6. Discrimination and Compliance with Laws A. Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub - consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives or sub- consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City or Consultant with 60 days advance notification. B. Termination with cause. The Agreement may be terminated upon the default of either ply. City of Port Orchard Name of Contract Professional Service Agreement Contract No. 001 -17 3 of 8 Page 34 of 227 Back to Agenda C. Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City, and Consultant shall be entitled to compensation in accordance with Section 4.above for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead. Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default by the Consultant. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. 3. Default by the City. If the Agreement is terminated for default, the City shall submit payment to the Consultant within 15 calendar days of the termination for all services performed under this agreement prior to the date of termination. D. Suspension. The City or the Consultant may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. The Consultant may suspend service, at its sole discretion, for non-payment of services performed. Payment shall be made in accordance with the Section 5b of this agreement. Once timely payments have been received from the City by the Consultant, the suspension may be lifted. E. Notice of Termination or Suspension. If delivered in person, termination shall be effective immediately upon receipt of the written notice or such date as stated in the notice of termination, whichever is later. Notice of suspension shall be given in writing upon one week's advance notice. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered at the address set forth in Section 15 herein. 9. Standard of Care. Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by Consultant under this agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of City, shall be forwarded to City at its request and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall City of Port Orchard Name of Contract Professional Service Agreement Contract No. 001 -17 4 of 8 Page 35 of 227 Back to Agenda be submitted to City. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal Costs and attorneys' fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is Subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and Volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF I1vIMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. THE CONSULTANT'S WAIVER OF IMMUNITY UNDER THE PROVISIONS OF THIS SECTION DOES NOT INCLUDE, OR EXTEND TO. ANY CLAIMS BY THE CONSULTANT'S EMPLOYEES DIRECTLY AGAINST THE CONSULTANT. 13. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Workers' Compensation coverage as required by the Industrial Insurance Laws of the State of Washington. 2. Professional Liability insurance appropriate to the Consultant's profession. City of Port Orchard Name of Contract Professional Service Agreement Contract No. 001 -17 5 of 8 Page 36 of 227 Back to Agenda B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements upon request. 14. Assigning or Subcontracting. Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: Rob Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 THE DOCTORS CLINIC Part of Franciscan Medical Group Attn: Marisa Clauson 9621 Ridgetop Blvd NW Silverdale, WA 98383 Phone: 360.782-3 609 Fax: 360.782.3345 City of Port Orchard Name of Contract Professional Service Agreement Contract No. 001 -17 6of8 Page 37 of 227 Back to Agenda M. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the L aws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney `s fees from the other party- 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative f the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. City of Port Orchard Name of Contract Professional Service Agreement Contract No. 001 -17 7 of 8 Page 38 of 227 Back to Agenda IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON By; Rob Putaansifti�, --6 % 2-� Mayor Un cb w 0 Date: 4�2 /Is 1 11" Attest; IV By: 4�. Brandy Rinearson, CMC City Clerk APPROVED AS TO FORM: By: City Attorney City of Port Orchard Name of Contract Professional Service Agreement Contract No. 00 1 17 CONSULTANT By: Name: Title: Date: t 3411 7 f 8 of 8 Page 39 of 227 Back to Agenda Amendment No. 1 to Contract No. 001-17 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH THE DOCTOR'S CLINIC THIS FIRST AMENDMENT to Contract No. 001-17 ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City") and The Doctor's Clinic, part of Franciscan Medical Group, Occupational Medicine Clinic ("Consultant"), organized under the Laws of the State of Washington. City and Consultant are each a "Party" and together "Parties" to this Amendment. WHEREAS, on the 15t" of February, 2017, the City executed a Professional Services Agreement for DOT/CDL Exam and Certification Services with the Consultant ("Underlying Agreement"); and WHEREAS, the City desires to amend the Agreement to include Hepatitis B vaccination services; and WHEREAS, Consultant has advised the City of a rate increase effective September 1, 2023; and WHEREAS, the City desires to incorporate services currently provided by Consultant to the Police Department into this Agreement; and WHEREAS, the City desires to update the contacts for the services provided; NOW, THEREFORE, it is agreed by and between the parties thereto as follows: 1. Amendment to Scope. Hepatitis B vaccination services are added to the professional services authorized pursuant to the Underlying Agreement. 2. Amendment. Section 4 of the Agreement is hereby amended to read as follows: Compensation. Compensation for examinations scheduled by or at the request of Human Resources shall be as follows: DOT physical exam - $100.00; $110.00, effective September 1, 2023 General physical exam - $82.00; $85.00, effective September 1, 2023 Comprehensive physical exam - $146.00 OSHA Respirator Questionnaire only - $26.00 PFT (Spirometry) w/ questionnaire - $49.00 Respirator Physical (if needed) - $43.00 Audiogram - $35.00 Hepatitis B Vaccination - $75.00 per dose Compensation for Examinations scheduled by or at the request of the Police Department Exams and rates shown on Exhibit "A" Amendment No. 1 to Agreement between City of Port Orchard and The Doctor's Clinic Contract No. 001-17 Page 1 10712759.1- 366922 - 0001 Page 40 of 227 Back to Agenda Rates may be adjusted on an as needed basis by written agreement of the parties as an addendum to this Agreement. 3. Amendment. Section 15 of the Agreement is hereby amended to read as follows: Notice. Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: For contractual matters or services scheduled by or at the request of Human Resources: Human Resource Director 216 Prospect Street Port Orchard, WA 98366 Phone: 360-876-7014 Fax: 360-895-9029 For services scheduled by or at the request of the Police Department Police Chief 216 Prospect Street Port Orchard, WA 98366 Phone: 360-876-1700 Fax: 360-876-5546 THE DOCTORS CLINIC Part of Franciscan Medical Group Attn: Marisa Clauson 9621 Ridgetop Blvd NW Silverdale, WA 98383 Phone: 360-782-3609 Fax: 360-782-3345 4. Severability. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. 5. Entire Agreement. The written provisions and terms of this Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as modified by this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. 6. Effective date. This Amendment shall be effective as of August 9, 2023. Amendment No. 1 to Agreement between City of Port Orchard and The Doctor's Clinic Contract No. 001-17 Page 2 10712759.1- 366922 - 0001 Page 41 of 227 Back to Agenda DATED this 15th day of August 12023. CITY OF PORT ORCHARD, WASHINGTON THE DOCTOR'S CLINIC EE446DocuSigned by: 40C Clru 04.... Robert Putaansuu, Mayor Signature ATTEST/AUTHENTICATED: Marisa Clauson Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Amendment No. 1 to Agreement between City of Port Orchard and The Doctor's Clinic Contract No. 001-17 Page 3 10712759.1- 366922 - 0001 Page 42 of 227 Back to Agenda 1 "NI( CHI Franciscan Health Our best care. Your best health."' Exhibit A EC Occupational Health Service Contract Date: April 6, 2023 Services: Price: Pre -Employment Basic Physical (Volunteer) $ 85.00 LEFF 11 Physical Exam (Career FF) $ 146.00 6 Panel Instant Drug Screen $ 41.00 MRO Service $ 15.00 Audiogram $ 35.00 EKG $ 37.00 7 View Spine & 2 View Chest X-ray (Career FF) $ 179.00 CBC $ 27.00 CMP $ 30.00 Lipid $ 46.00 Urinalysis/micro $ 12.00 Specimen Collection (Blood Collection) $ 13.00 Hep B Series (each 3) $ 65.00 Immunization Administration $ 10.00 Hep B Titer $ 37.00 Hep C Titer $ 43.00 *Please note, appointments not cancelled 24 hours in advance of the scheduled time may incur a no show fee. AGREEMENT: I have reviewed services requested and fees beginning April 6, 2023. I authorize services being rendered to employees referred to The Doctors Clinic, A Part of Franciscan Medical Group, Occupational Medicine Department. COMPANY: Port Orchard Police Page 43 of 227 l "49 CHI Franciscan Health Our best care. Your best health." Authorized Signature Title Date TERMS: Payment is due in full 30 days from billing date. Renewal contracts may be provided yearly. Services provided at: The Doctors Clinic, a Part of Franciscan Medical Group Occupational Medicine Clinic 9621 Ridgetop Blvd NW Silverdale, WA 98383 Office 360-782-3300 Fax 360-782-3345 Page 44 of 227 Back to Agenda A City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4H Subject: Adoption of a Resolution Approving the Purchase of an Elgin Broom Bear Sweeper from the Equipment Rental Revolving Fund 500 Meeting Date: September 12, 2023 Prepared by: Jacki Brown Interim Public Works Director Atty Routing No.: 366922-0009 Atty Review Date: September 5, 2023 Summary: The Public Works Department has identified new equipment necessary for continued operations in 2023. Staff identified the need to purchase an Elgin Broom Bear Sweeper (the "Vehicle") to replace ER&R No. 1065, the Broom Bear Sweeper, that is scheduled for replacement in 2023 from the Equipment Rental and Revolving Fund 500 ("ER&R"). The 2023-2024 ER&R budget includes $455,000 for the purchase of the replacement Vehicle. The City is a member of purchasing cooperative Sourcewell (via City Contract No. C075-14) which allows the City to utilize contracts procured by Sourcewell for services and purchases, so long as the City confirms the contract complies with all applicable statutory procurement requirements for the purchase or service, per RCW 39.34.030. Consistent with City Contract No. C075-14 and the City's Procurement Procedures Policies, adopted as Resolution No. 036-22, as amended, the City's Public Works Department identified Owen Equipment, as an authorized Elgin Sweeper Company dealer and as an approved vendor for the Vehicle, awarded via Sourcewell Contract No. 093021-ELG ("Sourcewell Contract"). Staff requested a quote from the vendor, and on August 2, 2023, the City received a quote of $439,029.78 from Owen Equipment for the vehicle. Staff confirmed the quote was consistent with the Sourcewell Contract pricing. Staff also confirmed the vehicle meets the City's fleet standardization policies and at a cost of $439,029.78 is within the limits of the 2023-2024 Biennial Budget. On August 21, 2023, the City Public Works Department completed the Interlocal Agreement Purchase Checklist for Elgin Sweeper Company - Sourcewell. Staff reviewed the procurement process utilized by Sourcewell for the Sourcewell Contract and confirmed the applicable procurement requirements were met and obtained all necessary documentation from Sourcewell and the vendor regarding procurement. Further, Staff has identified additional expenses associated with the vehicle after delivery that are necessary to prepare the vehicle for service. These expenses include the purchase/installation of a CB radio, licensing, and City logo decals. These items are all estimated to cost $2,186.00 (within the $455,000 ER&R budget authority for the vehicle purchase). However, these items are not included in Page 45 of 227 Back to Agenda Consent Agenda 4H Page 2 of 2 the Sourcewell Contract and staff will follow the City's Procurement Procedures Policies for the purchase of these items. The City's Procurement Policies require City Council authorization for purchasing budgeted items that cost $35,000 or more. Recommendation: Staff recommends adopting a Resolution authorizing the purchase of a vehicle and associated expenses in accordance with the City's procurement policies, fleet standardization policies, and the 2023-2024 Biennial Budget. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt a Resolution authorizing the purchase of a vehicle and associated expenses from Elgin Sweeper Company via Owen Equipment." Fiscal Impact: Sweeper $439,029.78 (excluding registration fees) is included in the 2023-2024 Budget (GL Code: 500.10.594.35.60). Licensing/CB radio/logo and decals (not included in this approval but listed as a component cost of the vehicle, included here for transparency): $2,186.00 are included in the 2023-2024 Budget (GL Code: 500.10.594.35.60). Total Estimated Cost of vehicle and all related equipment/items: $441,215.78. Alternatives: Do not approve and provide alternative guidance. Attachment: Resolution Exhibit A -Quote Interlocal Agreement Checklist ER&R Purchase request Page 46 of 227 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF AN ELGIN BROOM BEAR SWEEPER FROM THE EQUIPMENT RENTAL REVOLVING FUND 500 AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the City's Broom Bear Sweeper (ER&R #1065) is scheduled for replacement in 2023 as part of the Equipment Rental and Revolving Fund 500 (ER&R) replacement process; and WHEREAS, the City is a member of the purchasing cooperative Sourcewell, formally known as the National Joint Power Alliance (NJPA), a Minnesota Public Agency; and WHEREAS; consistent with City Contract No. C075-14 and the City's Procurement Procedures Policies, adopted as Resolution No. 036-22, as amended, the City's Public Works Department identified Owen Equipment as an authorized Elgin Sweeper Company dealer and an approved vendor for the desired sweeper through Sourcewell Contract No. 093021-ELG (Sourcewell Contract); and WHEREAS, staff reviewed the procurement process utilized by Sourcewell for the Sourcewell Contract, confirmed the statutory procurement requirements were met, and obtained all necessary documentation from Sourcewell and the vendor regarding procurement; and WHEREAS, Public Works staff requested a quote and on August 2, 2023, received a quote from Owen Equipment of $397,671.90 (plus applicable tax), for a total purchase price of $439,029.78; and WHEREAS, on August 21, 2023, the City's Public Works Department completed the Interlocal Agreement Purchase Checklist for the selected vendor and confirmed the quote was consistent with the Sourcewell Contract; and WHEREAS, the 2023-2024 Biennial Budget includes $455,000 in the Equipment Rental and Revolving Fund 500 (ER&R) for the purchase of a replacement sweeper; and WHEREAS, the City's Procurement Policies require City Council authorization for purchasing budgeted items that cost $35,000 or more and for unbudgeted purchases; and WHEREAS, the Elgin Sweeper Company (via Owen Equipment) Quote, attached as Exhibit A, is for the purchase of ER&R Equipment in an amount that exceeds the $35,000 authorization limit; 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 herein for this purchase by Resolution; now, therefore, Page 47 of 227 Back to Agenda Resolution No. Page 2 of 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves the purchase of an Elgin Broom Bear Sweeper and associated equipment from Elgin Sweeper Company via Owen Equipment in the amount of $439,029.78 (applicable tax included). The Mayor or his designee is authorized to take all actions necessary to effectuate the purchase consistent with this authorization. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 121" day of September 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 48 of 227 ELGIN Prepared For, City of Port Orchard 1535 Vivian Ct. Port Orchard, WA 98366 MODEL: BROOM BEAR EFFECTIVE DATE: 02/06/2023 SUPERCEDES ALL PREVIOUS PRICE LISTS DEALER PRICE LIST (U.S. DOLLARS) REV# 1 Sourcewell 093021-ELG Contact Representative: Edward Tuck (253) 499-3514 etuck(aoweneouiament.com QUANTITY PART NUMBER MODEL DESCRIPTION 2023 LIST PRICE 2023 EXTENDED iwwo Conveyor squeege, variable height, right side dumping, 4.5 cu. yd. hopper, with dual, hydraulically driven, trailing arm sidebrooms, sweeper is powder coated from powder coatings chart 2003/N with powder coated gray undercarriage and including the standard features listed below. ycw,ucu.uu yu.vu 1 1126378 BROOM BEAR DUAL-111112 $208,995.00 $208,995.00 onveyor squeege, variable height, right side dumping, 5.4 cu. yd. hopper, with dual, hydraulically tdrven i, trailing arm sidebrooms, sweeper is powder coated from powder coatings chart 2003/N with powder coated gray undercarriage and including the standard features listed below. 1125527 BROOM BEAR DUAL-AUTOCAR $207,020.00 $0.00 Conveyor squeege, variable height, right side dumping, 4.5 cu. yd. hopper, with dual, hydraulically driven, trailing arm sidebrooms, sweeper is powder coated from powder coatings chart 2003/N with powder coated gray undercarriage and including the standard features listed below. 1125961 BROOM BEAR DUAL-AUTOCAR $208.995.00 $0.00 Conveyor squeege, variable height, right side dumping, 5.4 cu. yd. hopper, with dual, hydraulically driven, trailing arm sidebrooms, sweeper is powder coated from powder coatings chart 2003/N with Dowder coated arav undercarriaae and includinc the standard features listed below. SPECIAL I BROOM BEAR DIESEL -HYBRID OPTION 1 $372,435.00 $0.00 Must choose a TOP LEVEL with this option. Contact Inside Sales to confirm options and compatibility CHASSIS 1122061 FL M2 W/HEATED MIRRORS (LIMITED CITY) (USE WITH 4.5YD HOPPER) CONTACT INSIDE SALES $0.00 1 1126675 FL M2 W/HEATED MIRRORS (LIMITED CITY) (USE WITH 5.4 YD HOPPER) CONTACT INSIDE SALES $0.00 1127276 IH W/HEATED MIRRORS (LIMITED CITY) (USE WITH 4.5YD HOPPER) CONTACT INSIDE SALES 1 $0.00 1126098 AUTOCAR CHASSIS CONTACT INSIDE SALES 1 $0.00 CHASSIS MOUNTING CHARGE 1122083 M2 - CHASSIS ALTERATIONS (USE WITH 4.5 HOPPER) $3,585.00 $0.00 1 1123197 M2 - CHASSIS ALTERATIONS (USE WITH 5.4 HOPPER) $3,585.00 $3,585.00 1125473 IH - CHASSIS ALTERATIONS $3,585.00 $0.00 1126099 AUTO CAR - CHASSIS ALTERATIONS $3,585.00 $0.00 SPECIAL CUSTOMER SUPPLIED CHASSIS ALTERATIONS CONTACT INSIDE SALES 1 $0.00 CSC -HANDLING CUSTOMER SUPPLIED HANDLING CHARGE $3,895.00 1 $0.00 NOTE: Customer Supplied Cassis Requires Both The Chassis Alterations and the Handling Charge NOTE: A BODY includes the cost of Elgin standard white finish paint. It does not however, include the price of the chassis. NOTE: The chassis being supplied by a customer or dealer must comply completely with all Elgin requirements or the chassis will be modified at dealer's expense. NOTE: For cost of sweeper mounted on any other chassis, consult factory. NOTE: One year warranty on all Elgin supplied parts and labor. Consult your Elgin dealer for full warranty details. STANnARn FEATURES 1 0701681 BROOM BEAR OPERATORS MANUAL STANDARD $0.00 1 0702241 BROOM BEAR PARTS BOOK STANDARD $0.00 1 0730166 BROOM MEASUREMENT RULER STANDARD $0.00 1 1032481 16' 8" WATER FILL HOSE STANDARD $0.00 1 0701707 MACHINE DELIVERY PACKET STANDARD $0.00 1 0702020 ELGIN SAFETY MANUAL STANDARD $0.00 Broom side, 46 "steel vertical digger 4 or 5 segment Broom side, air floating suspension with adjustable pin stops, air deploy Broom, main, 34" diameter, 60" wide prefab disposable Camera, Rear with in -cab monitor Conveyor chain, hardened with polyurethane sprockets Conveyor, 11 flight squeegee with rubber edging Conveyor, lift independent from main broom Conveyor, three piece replaceable wear plates Conveyor flush out system Conveyor raise in reverse Conveyor stall alarm Spring Assisted Dirt shoes, heavy duty single row carbide steel (rubber isolated) Electric backup alarm Hopper inspection door Hopper, 4.5 cu yd with window and skylight Hopper up indicator and beep Hopper, variable high dump, 1117', 4.5 yard Hose, hydrant fill, 16'8" (5080 mm) with strainer and coupling Hydraulic oil level gauge w/ external thermometer and in -cab level light Hydraulic system, load sensing with selectable transmission driven PTO pump Lights, automatic backup Lights, combination tail/stop, separate amber signal Lights, flood light, one per broom (3) Manuals, operator and parts Mechanical mainbroom suspension Rear broom cover and anti -carryover wrap Rear broom spray bar Rear right hand flood light Reflectors, set of 6 Sidebroom speed control, external to cab Sweep resume / raise in reverse Tactile controls for all sweep functions Tool storage Water fill, anti -siphon Water level indicator in -cab Water Pump, electric diaphragm Water tank, molded polyethylene, 360 gallon total nominal capacity Page 49 of 227 ELGIN", Prepared For, City of Port Orchard 1535 Vivian Ct. Port Orchard, WA 98366 MODEL: BROOM BEAR EFFECTIVE DATE: 02/06/2023 SUPERCEDES ALL PREVIOUS PRICE LISTS DEALER PRICE LIST (U.S. DOLLARS) REV# 1 Sourcewell 093021-ELG Contact Representative: Edward Tuck (253) 499-3514 etuck@oweneauiament.com QUANTITY PART NUMBER MODEL DESCRIPTION 2023 LIST PRICE 2023 EXTENDED ----- ALARMS/I N D I CAT O RS---- 1 1101528 LATCHING ELEVATOR REVERSE AND ALARM $505.00 $505.00 1 1117644 O-SMART BACKUP ALARM INSTALL $380.00 $380.00 1104970 HOPPER UP CONSTANT ALARM $465.00 $0.00 1 1104705 HOPPER FULL INDICATOR $1,105.00 $1,105.00 -------AUTO LU BE ---------- 1140400 MIDWEST AUTO LUBE - SWEEPER ONLY $6,875.00 $0.00 -----ADDITIONAL MANUALS---- 701681 BROOM BEAR OPERATORS MANUAL $60.00 $0.00 1 702461 BROOM BEAR SERVICE MANUAL $115.00 $115.00 702241 BROOM BEAR PARTS BOOK $110.00 $0.00 -----------BROOM S ......... 1035616 DOUBLE WRAP MAINBROOM $605.00 $0.00 1035617 POLYIWIRE WAFER MAINBROOM $735.00 $0.00 1058158 STRIP MAINBROOM URB $600.00 $0.00 1077151 URB STRIP MAINBROOM W/CENTER SWEEP MANDREL $600.00 $0.00 1095046 ALUMINUM SIDEBROOM SEGMENTS - BLUE STEEL $2,490.00 $0.00 1096691 DEDUCT MAIN BROOM & CORE -$235.00 $0.00 1115524 HYDRAULIC FLOAT MAINBROOM SUSPENSION $0.00 $0.00 1116748 HYDRAULIC SIDEBROOM WITH HYDRAULIC MAINBROOM SUSPENSION (MUST SELECT HYDRAULIC MAINBROOM SUSPENSION OPTION) $0.00 $0.00 1115679 IN CAB HYDRAULIC FLOAT SIDEBROOMS (NOT COMPATIBLE WITH HYDRAULIC MAINBROOM SUSPENSION) $0.00 $0.00 ----------- DECALS --------- 1 1102781 RED DECALS - BROOM BEAR $0.00 $0.00 1102782 WHITE DECALS - BROOM BEAR $0.00 $0.00 1101037 SLOW MOVING VEHICLE SIGN $200.00 $0.00 1122929 SHIP DECALS AND SWOOSH LOOSE IN HOPPER $0.00 $0.00 ........ GAUGES ............ 1 1101379 BROOM HOUR METERS $530.00 $530.00 1 1111656 HYDRAULIC OIL TEMP DISPLAY IN CAB $415.00 $415.00 ---------- HOPPER ---------- 1104503 LIFELINER HOPPER SYSTEM W/WARRANTY 4.5 cu. yd. $5,945.00 $0.00 1 1104350 LIFELINER HOPPER SYSTEM W/WARRANTY 5.4 cu. yd. $7,140.00 $7,140.00 1139030 O-URELINED LONG CHUTE 48" 4.5 cu. d. $1,675.00 $0.00 1 1126004 O-URELINED LONG CHUTE 56" 5.4 cu. d. $1,825.00 $1,825.00 1 1120315 A -HOPPER INTR FLDLT, 4MF $1,110.00 $1,110.00 1101951 STAINLESS STEEL HOPPER $14,595.00 $0.00 1115491 EXTENDED HOPPER DOOR $1,235.00 $0.00 -------- LIGHTS ............ 1103553 PACKAGE 1 : $2,465.00 $0.00 SINGLE REAR/SINGLE HOPPER BEACON; LED WITH GUARD 1103533 PACKAGE 2: $3,350.00 $0.00 DUAL REAR/SINGLE HOPPER BEACON; LED WITH GUARD PACKAGE3: 1 1125926 DUAL REAR/SINGLE HOPPER BEACON; $5,260.00 $5,260.00 LED WITH GUARD & LED ARROWSTICK 1104618 PACKAGE 4, $2,055.00 $0.00 SINGLE REAR/SINGLE HOPPER MOUNT AND GUARD - W/O BEACONS 1104619 PACKAGE 5 : $2,550.00 $0.00 DUAL REAR/SINGLE HOPPER MOUNT AND GUARD - W/O BEACONS 1 1102735 LED STOP/TAIL/TURN/REAR ID/CLEARANCE LIGHTS $430.00 $430.00 1125927 REAR MOUNTED LED ARROWSTICK $2,200.00 $0.00 1 1102736 (2) REAR LOW MOUNTED OVAL AMBER LED FLASHERS $560.00 $560.00 1 1103898 (2) REAR HIGH MOUNTED OVAL AMBER LED FLASHERS $565.00 $565.00 1104481 ARROWBOARD - REAR $2,690.00 $0.00 ......... PAINT ............ 1 4810001 PAINT SWEEPER STANDARD WHITE $0.00 $0.00 4811003 PAINT SWEEPER YELLOW RAL 1003 $615.00 $0.00 4811007 PAINT SWEEPER YELLOW RAL 1007 $825.00 $0.00 4811018 PAINT SWEEPER YELLOW RAL 1018 $600.00 $0.00 4811023 PAINT SWEEPER YELLOW RAL 1023 $645.00 $0.00 4811037 PAINT SWEEPER YELLOW RAL 1037 $645.00 $0.00 4812008 PAINT SWEEPER ORANGE RAL 2008 $600.00 $0.00 4812009 PAINT SWEEPER ORANGE RAL 2009 $730.00 $0.00 4816018 PAINT SWEEPER GREEN RAL 6018 $600.00 $0.00 SPECIAL PAINT SWEEPER OTHER RAL THAN ABOVE CONTACT INSIDE SALES $0.00 SPECIAL PAINT SWEEPER OTHER THAN ABOVE CONTACT INSIDE SALES $0.00 -------PM10 OPTIONS------- 11115481 PM10 COMPLIANT (RULE 1186) $4,065.00 $4,065.00 Page 50 of 227 ELGIN", Prepared For, City of Port Orchard 1535 Vivian Ct. Port Orchard, WA 98366 MODEL: BROOM BEAR EFFECTIVE DATE: 02/06/2023 SUPERCEDES ALL PREVIOUS PRICE LISTS DEALER PRICE LIST (U.S. DOLLARS) REV# 1 Sourcewell 093021-ELG Contact Representative: Edward Tuck (253) 499-3514 etuck@oweneauiament.com QUANTITY PART NUMBER MODEL DESCRIPTION 2023 LIST PRICE 2023 EXTENDED --------- SAFETY ........... 1104991 REMOVE REAR CAMERA $0.00 $0.00 1095548 LEFT HAND SIDE CAMERA $765.00 $0.00 1 1101037 A-SIOW MOVING VEHICLE $200.00 $200.00 1 1115658 O+CAMERA 2 FRNT 1 REAR $1,205.00 $1,205.00 1 9306848 TRIANGLE REFLECTIVE FLARES (3) $120.00 $120.00 ------SWEEPER OPTIONS----- 1100660 LEFT HAND SIDEBROOM TILT $1,250.00 $0.00 1100656 RIGHT HAND SIDEBROOM TILT $1,255.00 $0.00 1 1117071 LEFT HAND SIDEBROOM TILT W/INDICATOR $1,280.00 $1,280.00 1 1117070 RIGHT HAND SIDEBROOM TILT W/INDICATOR $1,280.00 $1,280.00 1101385 RUBBER MOUNTED CARBIDE DRAG SHOES TWO -ROW (ILO STD) $980.00 $0.00 1102732 RUBBER DRAG -SHOES ILO STD $160.00 $0.00 1104238 BORON DRAG -SHOES ILO STD $200.00 $0.00 1104997 IN -CAB VARIABLE SPEED AND REVERSING BROOM CONTROL (ONLY COMPATIBLE WITH PM-10 OPTION) $2,700.00 $0.00 1104990 VARIABLE SPEED CONVEYOR $2,350.00 $0.00 1 1122873 VARIABLE SPEED CONVEYOR & IN CAB VARIABLE SPEED & REVERSE CONTROL SIDEBROOMS $4,985.00 $4,985.00 1 1106049 HEAVY DUTY LOWER ROLLER $1,555.00 $1,555.00 1 1114619 RUBBER BELT CONVEYOR (ILO STANDARD SQUEEGEE) $0.00 $0.00 ----- TOOLSf TOOLBOXES------ 1053426 TOOL KIT $1,230.00 $0.00 1 1036150 A- HYDRANT WRENCH $145.00 $145.00 1057687 TOOL BOX W/TOOLS $910.00 $0.00 --------WATER SYSTEM ...... 1 1032484 25' WATER FILL HOSE ILO 16' 8" $270.00 $270.00 1 1108830 AIR PURGE FOR WATER SYSTEM $520.00 $520.00 1 1113859 WATER SIDEBROOM FUNCTION CONTROL (ILO MANUAL) $625.00 $625.00 (USE WITHOUT EXTENDED SIDEBROOM REACH) 1121603 WATER SIDEBROOM FUNCTION CONTROL (ILO MANUAL) $1,025.00 $0.00 (USE WITH EXTENEDED SIDEBROOM REACH) SUBTOTAL 1 $248,770.00 ----- DISCOUNTS ----- 1 IDISC-124-SOURCEWEI SOURCEWELL DISCOUNT 093021-ELG 1 $7,463.101 -$7,463.10 Open Market Items ---M2 CHASSIS OPTIONS ----- 1 CHASSIS 2025 FREIGHTLINER M2 WB=136 33K, EPA24 $126,960.00 $126,960.00 1 704007 FREIGHTLINER M2 SERVICE MANUAL $375.00 $375.00 1 704006 FREIGHTLINER M2 OPERATOR MANUAL $60.00 $60.00 1 704005 FREIGHTLINER M2 PARTS MANUAL $460.00 $460.00 1 1075400 AM/FM/CD RADIO $0.00 $0.00 1 1080756 FENDER MOUNTED MIRROR -LEFT HAND $865.00 $865.00 1 1109607 12" CONVEX MIRRORS ILO STD 8" $415.00 $415.00 2 1081188 SPARE CHASSIS KEY $60.00 $120.00 1 1123271 A+ BAT DISCONECT SW -CHASSIS $1,925.00 $1,925.00 1 1081365 IN CAB AIR FILTER RESTRICTION INDICATOR $1,060.00 $1,060.00 1 1081747 2 AIR CLOTH HI -BACK $0.00 $0.00 1081748 1 AIR CLOTH HI -BACK SEAT $0.00 $0.00 1120505 SPARE TIRE & WHEEL, BALANCED $1,675.00 $0.00 1081909 SINGLE ARM REST - VINYL $455.00 $0.00 1081910 DUAL ARM REST- VINYL $830.00 $0.00 1081911 SINGLE ARM REST- CLOTH $480.00 $0.00 1081912 DUAL ARM REST - CLOTH $890.00 $0.00 1081956 DAYTIME RUNNING LIGHTS $1,295.00 $0.00 1 1102744 A-2 MIR MTD AMBER LED FLASHERS $655.00 $655.00 1 1103751 A-SNGL CAB BCN LED $2,145.00 $2,145.00 1 1090653 DUAL AIR HORNS $2,035.00 $2,035.00 1 1140401 MIDWESTAUTOLUBE-SWEEPER/TRUCK $9,575.00 $9,575.00 1 1101567 2 1/2 LB. FIRE EXTINGUISHER $275.00 $275.00 1101568 5 LB. FIRE EXTINGUISHER $330.00 $0.00 1 1108053 FULL WIDTH FRONT SPRAY BAR $955.00 $955.00 1 4820001 CAB STANDARD WHITE $0.00 $0.00 1063734 M2 IN STOCK CAB SPECIAL COLOR $5,595.00 $0.00 1115658 (2) FRONT CAMERAS (1) REAR CAMERA $1,205.00 $0.00 1120361 EXTENDED REACH RIGHT HAND SIDEBROOM (MUST SELECT IN CAB HYDRAULIC FLOAT SIDEBROOMS) $1,755.00 $0.00 1120782 EXTENDED REACH RIGHT AND LEFT HAND SIDEBROOMS (MUST SELECT IN CAB HYDRAULIC FLOAT SIDEBROOMS) $2,425.00 $0.00 Page 51 of 227 ELGIN", Prepared For, City of Port Orchard 1535 Vivian Ct. Port Orchard, WA 98366 MODEL: BROOM BEAR EFFECTIVE DATE: 02/06/2023 SUPERCEDES ALL PREVIOUS PRICE LISTS DEALER PRICE LIST (U.S. DOLLARS) REV# 1 Sourcewell 093021-ELG Contact Representative: Edward Tuck (253) 499-3514 etuck@oweneauiament.com QUANTITY PART NUMBER MODEL DESCRIPTION 2023 LIST PRICE 2023 EXTENDED -----NAVISTAR CHASSIS OPTIONS----- 4820001 CAB STANDARD WHITE $0.00 $0.00 1063731 NAV CAB PAINTED SPECIAL COLOR $4,435.00 $0.00 1108053 FULL WIDTH FRONT SPRAY BAR $955.00 $0.00 1086733 LEFT HAND FENDER MOUNTED MIRROR $640.00 $0.00 1101567 2 1/2 LB. FIRE EXTINGUISHER $275.00 $0.00 1101568 5 LB. FIRE EXTINGUISHER $330.00 $0.00 1091761 EXTRA KEY $85.00 $0.00 1091770 2 ELECTRIC & 1 AIR HORN $2,280.00 $0.00 1099317 (1) ELECTRIC HORN $475.00 $0.00 1120361 EXTENDED REACH RIGHT HAND SIDEBROOM (MUST SELECT IN CAB HYDRAULIC FLOAT SIDEBROOMS) $1,755.00 $0.00 1120782 EXTENDED REACH RIGHT AND LEFT HAND SIDEBROOMS (MUST SELECT IN CAB HYDRAULIC FLOAT SIDEBROOMS) $2,425.00 $0.00 -----FREIGHT RATES----- EFFECTIVEDATE: 01101/2022 FRT-118-001 SELF SHIPPING DOCK CHARGE $975.00 $0.00 FRT-118-002 FREIGHT-IL,WI,IA,IN,MI,MN,KY $2,075.00 $0.00 FRT-118-003 FREIGHT-TN,WV,PA,NY $4,100.00 $0.00 FRT-118-004 FREIGHT-NH,VT,ME $4,805.00 $0.00 FRT-118-005 FREIGHT -NEW YORK CITY $5,360.00 $0.00 FRT-118-006 FREIGHT-ND,SD,NE,OK,KS,AR,AL,MO $3,625.00 $0.00 FRT-118-007 FREIGHT-AZ,UT $6,640.00 $0.00 1 FRT-118-008 FREIGHT-CA,NV,ID,OR,WA $7,605.00 $7,605.00 FRT-118-009 FREIGHT-CHICAGO/MILWAUKEE $1,125.00 $0.00 FRT-118-010 FREIGHT -FL,LA,TX,NM,CO,WY,MT $5,395.00 $0.00 FRT-118-011 FREIGHT-OH,ST.LOUIS METRO $2,175.00 $0.00 FRT-118-012 FREIGHT- MS,GA,SC,NC,VA,MD $4,380.00 $0.00 FRT-118-013 FREIGHT -RI,DE,CT,NJ,MA $3,990.00 $0.00 FRT-118-014 FREIGHT- LAREDO, TX $7,950.00 $0.00 FRT-118-015 SPECIALIZED TRANSPORT EQUIPMENT $1,275.00 $0.00 ......... WARRANTY --------- EW-ME-NA-2PL BROOM BEAR 2ND YEAR PARTS/LABOR $3,510.00 $0.00 EW-ME-NA-3PL BROOM BEAR 3RD YEAR PARTS/LABOR $6,640.00 $0.00 EW-ME-NA-4PL BROOM BEAR 4' YEAR PARTS/LABOR $9,455.00 $0.00 EW-ME-NA-SPL BROOM BEAR 5' YEAR PARTS/LABOR $12,020.00 $0.00 PROPOSAL DATE: 06/02/2023 QUOTE NUMBER: 2023-52729 Price List Date: 03/15/2023 PO NUMBER: OTY: Customer Initials: PAYMENT TERMS: NET 10 DAYS FROM DATE OF INVOICE. 1.5% FINANCE CHARGE PER MONTH (18% ANNUAL RATE). PROPOSAL NOTES: 1. Multiple unit orders will be identical to signed proposal. Changes or deviations to any unit of a multiple unit order will requires a new signed proposal. 2. Chassis specifications and data codes for customer supplied chassis must be submitted to and approved by Elgin Sweeper Company prior to submittal of customer purchase order 3. All prices quoted are in US Dollars unless otherwise noted. 4. This proposal incorporates, and is subject to, Vactor Manufacturing's standard terms and conditions attached hereto and made a part hereof. SIGNED BY: Date: SWEEPER TOTAL $397,671.90 Sales Tax 10.4 % $41,357.88 GRAND TOTAL $439,029.78 Page 52 of 227 ELGIN", Prepared For, City of Port Orchard 1535 Vivian Ct. Port Orchard, WA 98366 MODEL: BROOM BEAR EFFECTIVE DATE: 02/06/2023 SUPERCEDES ALL PREVIOUS PRICE LISTS DEALER PRICE LIST (U.S. DOLLARS) REV# 1 Sourcewell 093021-ELG Contact Representative: Edward Tuck (253) 499-3514 etuck@oweneauiament.com QUANTITY PART NUMBER MODEL DESCRIPTION 2023 LIST PRICE 2023 EXTENDED LIMITED WARRANTY ELGIN SWEEPER COMPANY warrants each new machine manufactured by it against defects in material and workmanship provided the machine is used in a normal and reasonable manner. This warranty is extended only to the original user -purchaser for a period of twelve (12) months from the date of delivery to the original user -purchaser. ELGIN SWEEPER COMPANY will cause to be repaired or replaced, as the Company, may elect, any part or part of such machine which the Company's examination discloses to be defective in material or workmanship. Repairs or replacements are to be made at the selling Elgin distributor's location or at other locations approved by ELGIN SWEEPER COMPANY. The ELGIN SWEEPER COMPANY warranty shall not apply to: 1.Major components or trade accessories such as but not limited to, trucks, engines, tires or batteries that have a separate warranty by the original manufacturer. 2.Normal adjustments and maintenance services. 3.Normal wear parts such as but not limited to, broom filters, broom wire, shoe runners and rubber deflectors. 4.Failures resulting from the machine being operated in a manner or for a purpose not recommended by ELGIN SWEEPER COMPANY. S.Repairs, modifications or alterations without the consent of ELGIN SWEEPER COMPANY which, in the Company's sole judgment, have adversely affected the machine's stability or reliability. 6.Items subjected to misuse, negligence, accident or improper maintenance. The use in the product of any part other than parts approved by ELGIN SWEEPER COMPANY may invalidate this warranty. ELGIN SWEEPER COMPANY reserves the right to determine, in its sole discretion, if the use of non -approved parts operates to invalidate the warranty. Nothing contained in this warranty shall make ELGIN SWEEPER COMPANY liable for loss, injury, or damage of any kind to any person or entity resulting from any defect or failure in the machine. TO THE EXTENT LIMITED BY LAW, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This warranty is also in lieu of all other obligations or liabilities on the part of ELGIN SWEEPER COMPANY, including but not limited to, liability for incidental and consequential damages on the part of the Company or the seller. ELGIN SWEEPER COMPANY makes no representation that the machine has the capacity to perform any functions other than as contained in the Company's written literature, catalogs or specifications accompanying delivery of the machine. No person or affiliated company representative is authorized to give any other warranties or to assume any other liability on behalf of ELGIN SW EEPEAR COMPANY in connection with the sale, servicing or repair of any machine manufactured by the Company. ELGIN SWEEPER COMPANY reserves the right to make design changes or improvements in tis products without imposing any obligation upon itself to change or improve previously manufactured products. Page 53 of 227 Back to Agenda m ORCHARD ER&R Replacement or Addition Purchase Request RCW 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Description of item: Elgin Broom Bear Sweeper Procurement method: Cooperative Purchasing- Sourcewell Department Water Sewer Storm Street Public Works DCD Police Admin x Addition or Replacement Addition to Fleet - Please state business case for addition: Replacement Vehicle / Equipment being replaced: 1065 - Broom Bear Sweeper x Fleet Standardization Requested Vehicle / Equipment follows fleet standardization Requested Vehicle / Equipment DOES NOT follow Standardization. List items that are not fleet standard and reason for addition. Page 54 of 227 Back to Agenda X Requested Vehicle / Equipment does not have a standard Cost $439,029.78 Fleet standard cost Additional cost for consideration and business case: CB radio, licensing, city decals- $2,186.00 (wsst included) TOTAL $441,215.78 $2,186.00 STANDARDS FOR VEHICLES Police Department Standard Vehicle Model Chassis Drive Train Color Graphics Accessories Ford Sedans Automatic Black City Decal Lights SUV 2WD Vehicle Number Radios 4WD Antennas AWD Public Works and Planning Standard Truck Model Chassis Cab Size Drive Train Color Graphics Accessories Ford 1/2 Ton Regular Automatic White City Logo Lights 3/4Ton Extended 2WD Truck Number Radios 1 Ton Crew Cab 4WD Antennas Tool Boxes Administration and Planning Standard Vehicle Tvpe Chassis Drive Train Color Graphics Accessories Electric Sedans Automatic White City Logo Lights Biofuel SUV 2WD Vehicle Number Radios 4WD Antennas AWD I have reviewed the vehicles / equipment listed above and request approval for purchase. Departmen 'rector Date Page 55 of 227 Back to Agenda Approved for purchase by: ER&R Representative Date Page 56 of 227 Prepared For, MODEL: BROOM BEAR E� 1� EFFECTIVE DATE: 0 (U.S. O City of Port Orchard SUPERCEDES ALL PREVIOUS PRICE LISTS 1535 Vivian Ct. DEALER PRICE LIST (U.S. DOLLARS) Port Orchard, WA 98366 REV# 1 Sourcewell 093021-ELG Contact Representative: Edward Tuck 253) 499-3514 etuck(aoweneawoment.com QUANTITY PART NUMBER MODEL DESCRIPTION 2023 LIST PRICE 2023 EXTENDED Conveyor squeege, variable height, night side dumping, 4.5 cu. yd. hopper, with dual, hydraulically driven, trailing arm sidebrooms, sweeper is powder coated from powder coatings chart 20031N with Conveyor squeege, variable height, right side dumping, 5.4 cu. yd. hopper, with dual, hydraulically driven, trading arm sidebrooms, sweeper is powder coated from powder coatings chart 2003/N with powder coated crav undercaniaoe and including the standard features listed below. Conveyor squeege, variable height, right side dumping, 4.5 cu. yd. hopper, with dual, hydraulically driven, trailing arm sidebrooms, sweeper is powder coated from powder coatings chart 2003IN with powder coated arav undercamaae and includina the standard features listed below. Conveyor squeege, variable height, right side dumping, 5.4 cu. yd. hopper, with dual, hydrauiically driven, trailing arm sidebrooms, sweeper is powder coated from powder coatings chart 2003/N with SPECIAL I BROOM BEAR DIESEL -HYBRID OPTION 1 $372,435.00 $0.00 Must choose a TOP LEVEL with this option- Contact Inside Sales to confirm options and compatibility CHASSIS 1122061 FL M2 W/HEATED MIRRORS LIMITED O USE WITH 4.5YD HOPPER CONTACT INSIDE SALES $0.00 1 1126675 FL M2 W/HEATED MIRRORS LIMITED O USE WITH 5.4 YD HOPPER CONTACT INSIDE SALES $O,AO 1127276 IH W/HEATED MIRRORS LIMITED O USE WITH 4,5YD HOPPER CONTACT INSIDE SALES 1 $0.00 1126098 AUTOCAR CHASSIS I CONTACT INSIDE SALES 1 $0.00 CHASSIS MOUNTING CHARGE 1122083 M2 - CHASSIS ALTERATIONS USE WITH 4.5 HOPPER $3,585,00 $0.00 1 1123197 M2- CHASSIS ALTERATIONS USE WITH 5.4 HOPPER $3,585.00 $3,585.00 1125473 IH - CHASSIS ALTERATIONS $3,585.00 $0.00 1126099 AUTO CAR - CHASSIS ALTERATIONS $3,585.00 $0.00 SPECIAL CUSTOMER SUPPLIED CHASSIS ALTERATIONS CONTACT INSIDE SALES $0.00 CSC -HANDLING CUSTOMER SUPPLIED HANDLING CHARGE $3.895.00 $0.00 NOTE: Customer Supplied Cassis Requires Both The Chassis Alterations and the Handling Charge NOTE: A BODY includes the cost of Elgin standard white finish paint, It does not however, include the price of the chassis. NOTE: The chassis being supplied by a customer or dealer must comply completely with all Elgin requirements or the chassis will be modified at dealers expense. NOTE: For cost of sweeper mounted on any other chassis, consult factory. NOTE: One year warranty on all Elgin supplied parts and labor. Consult your Elgin dealer for full warranty details. STANnARn FFATIIRFS 1 0701681 BROOM BEAR OPERATORS MANUAL STANDARD $0.00 1 0702241 BROOM BEAR PARTS BOOK STANDARD $0 00 1 0730166 BROOM MEASUREMENT RULER STANDARD $0.00 1 1032481 16' 8" WATER FILL HOSE STANDARD $0.00 1 0701707 MACHINE DELIVERY PACKET STANDARD $0.00 1 0702020 ELGIN SAFETY MANUAL STANDARD $0.00 Broom s-rde, 46 "steel vertical digger 4 or 5 segment Broom side, air floating suspension with adjustable pin stops, air deploy Broom, main, 34" diameter, 60" wide prefab disposable Camera, Rear with in -cab monitor Conveyor chain, hardened with polyurethane sprockets Conveyor, 11 flight squeegee with rubber edging Conveyor, lift independent from main broom Conveyor, three piece replaceable wear plates Conveyor flush out system Conveyor raise in reverse Conveyor stall alarm Spring Assisted Dirt shoes, heavy duty single row carbide steel (rubber isolated) Electric backup alarm Hopper inspection door Hopper, 4.5 cu yd with window and skylight Hopper up indicator and beep Hopper, variable high dump, 117% 4.5 yard Hose, hydrant fill, 168" (5080 mm) with strainer and coupling Hydraulic oil level gauge w/ external thermometer and in -cab level light Hydraulic system, load sensing with selectable transmission driven PTO pump Lights, automatic backup Lights, combination tall/slop, separate amber signal Lights, flood light, one per broom (3) Manuals, operator and parts Mechanical mainbroom suspension Rear broom cover and anti -carryover wrap Rear broom spray bar Rear right hand flood light Reflectors, set of 5 Sidebroom speed control, external to cab Sweep resume / raise in reverse Tactile controls for all sweep functions Tool storage Water fill, anti -siphon Water level indicator in -cab Water Pump, electric diaphragm Water tank, molded polyethylene, 360 gallon total nominal capacity Page 57 of 227 Prepared For, MODEL: BROOM BEAR EFFECTIVE DATE: U23 City of Port Orchard SUPERCEDES ALL PREVIOUS PRICE LISTS EPort VEN 1535 Vivian Ct. DO DEALER PRICE LISTT (U.S_(S. DOLLARS) Orchard, WA 98366 REV# 1 Sourcewe11093021-ELG Contact Representative: Edward Tuck 253 499-3514 etuckPoweneauioment.com QUANTITY PART NUMBER MODEL DESCRIPTION 2023 LIST PRICE 2023 EXTENDED -----ALARMS/INDICATOR 5---- 1 i 1101528 i LATCHING ELEVATOR REVERSE AND ALARM $505.00 $505.00 1 1 1117644 1 O-SMART BACKUP ALARM INSTALL $380.00 $380.00 1104970 HOPPER UP CONSTANT ALARM $465.00 $0.00 1 1 1104705 HOPPER FULL INDICATOR $1 105.00 $1.105.00 ------AUTO LURE---------- 1140400 MIDWESTAUTOLUBE-SWEEPER ONLY $6.875.00 $0.00 RRnnMC 1035816 DOUBLE WRAP MAINBROOM $605.00 $0.00 1035817 POLYANIRE WAFER MAINBROOM $735.00 $0.00 1058158 STRIP MAIN BROOM URB $600.00 $0.00 1077151 URB STRIP MAINBROOM W/CENTER SWEEP MANDREL $600.00 $0.00 1095046 ALUMINUM SIDEBROOM SEGMENTS - BLUE STEEL $2 490,00 $0.00 1096691 DEDUCT MAIN BROOM & CORE -$235.00 $0.00 1115524 HYDRAULIC FLOAT MAINBROOM SUSPENSION $0.00 $0.00 1116748 HYDRAULIC SIDEBROOM WITH HYDRAULIC MAINBROOM SUSPENSION (MUST SELECT HYDRAULIC MAINBROOM SUSPENSION OPTION $0.00 $0.00 1115679 IN CAB HYDRAULIC FLOAT SIDEBROOMS NOT COMPATIBLE WITH HYDRAULIC MAINBROOM SUSPENSION $0.00 $0.00 --- _------ n FCALS......... 1 i 1102781 i RED DECALS - BROOM BEAR $0.00 $0.00 1102782 1 WHITE DECALS - BROOM BEAR $0.00 $0.00 1101037 SLOW MOVING VEHICLE SIGN $200.00 $0.00 1122929 SHIP DECALS AND SWOOSH LOOSE IN HOPPER $0.00 $0.00 GAUGES ............ 1 1101379 BROOM HOUR METERS $530,00 $530.00 11 1111656 1 HYDRAULIC OIL TEMP DISPLAY IN CAB $415.00 $415.00 ..........HOPPER .......... 1104503 LIFELINER HOPPER SYSTEM WANARRANTY4.5 w, d- $5945.00 $0.00 t 1104350 LIFELINER HOPPER SYSTEM WANARRANTY 5.4 cu. yd. $7,140.00 $7.M.00 1139030 O-URELINED LONG CHUTE 48" 4.5 cu, d. $1675.00 $0.00 1 1126004 O-URELINED LONG CHUTE 58" 5.4 cu. d. $1.825.00 $1.825,00 1 1120315 A -HOPPER INTR FLOLT 4MF $1 110.00 $1 110.00 1101951 STAINLESS STEEL HOPPER $14 595.00 $0.00 1115491 EXTENDED HOPPER DOOR $1 235.00 $0.00 ........I IGHTS... 1103553 PACKAGE 1 : $2,465.00 $0.00 SINGLE REAR/SINGLE HOPPER BEACON; LED WITH GUARD 1103533 PACKAGE2: DUAL REAR/SINGLE HOPPER BEACON: LED WITH GUARD $3,350.00 $0.00 PACKAGE 3: 1 1125926 DUAL REAR/SINGLE HOPPER BEACON; $5,260.00 $5.260.00 LED WITH GUARD & LED ARROWSTICK 1104618 PACKAGE4: $2,055.00 $0.00 SINGLE REAR/SINGLE HOPPER MOUNT AND GUARD - W/O BEACONS 1104619 PACKAGE 5 : $2,550.00 $0.00 DUAL REAR/SINGLE HOPPER MOUNT AND GUARD - W/O BEACONS 1 1102735 LED STOPITAIL/TURN/REAR ID/CLEARANCE LIGHTS $430.00 $430.00 1125927 REAR MOUNTED LEDARROWSTICK $2200.00 $0.00 1 1102738 2 REAR LOW MOUNTED OVAL AMBER LED FLASHERS $560.00 $560.00 1 1103898 2 REAR HIGH MOUNTED OVAL AMBER LED FLASHERS $565.00 $565.00 1104481 ARROWBOARD-REAR $2690.00 $0.00 ----PAINT 1 4810001 PAINT SWEEPER STANDARD WHITE $0.00 $0.00 4811003 PAINT SWEEPER YELLOW RAL 1003 $615.00 $0.00 4811007 PAINT SWEEPER YELLOW RAL 1007 $825.00 $0.00 4811018 PAINT SWEEPER YELLOW RAL 1018 $600.00 $0.00 4811023 PAINT SWEEPER YELLOW RAL 1023 $645.00 $0.00 4611037 PAINT SWEEPER YELLOW RAL 1037 $645.00 $0.00 4812008 PAINT SWEEPER ORANGE RAL 2008 $600.00 $0.00 4812009 PAINT SWEEPER ORANGE RAL 2009 $730.00 $0.00 41110111 PAINT SWEEPER GREEN RAL 6018 $600.00 $0.00 SPECIAL PAINT SWEEPER OTHER RAL THAN ABOVE CONTACT INSIDE SALES $000 SPECIAL I PAINT SWEEPER OTHER THAN ABOVE I CONTACT INSIDE SALES 1 $0.00 -------PM10 OPTIONS------- 1 1115481 PM10 COMPLIANT RULE 1186 $4,065.00 $4,065.00 Page 58 of 227 Back to Agenda Prepared For, City of Port Orchard 1535 Vivian Ct. Port Orchard, WA 98366 MODEL: BROOM BEAR EFFECTIVE DATE; 02106/2023 SUPERCEDES ALL PREVIOUS PRICE LISTS DEALER PRICE LIST (U.S. DOLLARS) REV# 1 Sourcewell 093021-ELG Contact Representative, Edward Tuck 253 499-3514 etuck@oweneguivment.com QUANTITY PART NUMBER MODEL DESCRIPTION 2023 LIST PRICE 2023 EXTENDED CAFFTY 1104991 REMOVE REAR CAMERA $0.00 $0.00 1095548 LEFT HAND SIDE CAMERA $765.00 $0,00 1 1101037 A-SIOW MOVING VEHICLE $200.00 $200.00 1 1115658 O+CAMERA 2 FRNT 1 REAR $1,205.00 $1,205.00 1 9306848 TRIANGLE REFLECTIVE FLARES 3 $120+00 $120.00 CWFFPFR r)PTlnlJC. 1100660 LEFT HAND SIDEBROOM TILT $1,250.00 $0.00 1100656 RIGHT HAND SIDEBROOM TILT $1,255,00 $0.00 1 1117071 LEFT HAND SIDEBROOM TILT W/INDICATOR $1,280.00 $1.280+00 1 1117070 RIGHT HAND SIDEBROOM TILT W/INDICATOR $1,280.00 $1,280.00 1101385 RUBBER MOUNTED CARBIDE DRAG SHOES TWO -ROW ILO STD $980.00 $0.00 1102732 RUBBER DRAG -SHOES ILO STD $160.00 $0.00 1104238 BORON DRAG -SHOES ILO STD $200.00 $0,00 1104997 IN -CAB VARIABLE SPEED AND REVERSING BROOM CONTROL ONLY COMPATIBLE WITH PM-10 OPTION $2,700.00 $0.00 1104990 VARIABLE SPEED CONVEYOR $2,350.00 $0.00 1 1122873 VARIABLE SPEED CONVEYOR & IN CAB VARIABLE SPEED & REVERSE CONTROL SIDEBROOMS $4,985.00 $4,985.00 1 1106049 HEAVY DUTY LOWER ROLLER $1,555.00 $1,555.00 1 1114619 RUBBER BELT CONVEYOR ILO STANDARD SQUEEGEE $0.00 $0.00 --------WATER SYSTEM------ 11032484 25' WATER FILL HOSE ILO 16' 8" $270.00 $270.00 1 1108830 AIR PURGE FOR WATER SYSTEM $520.00 $520.00 1 1113859 WATER SIDEBROOM FUNCTION CONTROL (ILO MANUAL) USE WITHOUT EXTENDED SIDEBROOM REACH $625.00 $625.00 1121603 WATER SIDEBROOM FUNCTION CONTROL (ILO MANUAL) USE WITH EXTENEDED SIDEBROOM REACH $1,025.00 $0.00 SUBTOTAL 1 $248770.00 -----DISCOUNTS----- 1 IDISC-124-SOURCEWO SOURCEWELL DISCOUNT 093021-ELG 1 $7463.101 -$7463.10 Open Market Items ---M2 CHASSIS OPTIONS----- 1 CHASSIS 2025 FREIGHTLINER M2 WB=136 33K EPA24 $126,960.00 $126,960.00 1 704007 FREIGHTLINER M2 SERVICE MANUAL $375.00 $375.00 1 704006 FREIGHTLINER M2 OPERATOR MANUAL $60.00 $60.00 1 704005 FREIGHTLINER M2 PARTS MANUAL $460.00 $460.00 1 1075400 AM/FM/CD RADIO $0.00 $0.00 1 1080756 FENDER MOUNTED MIRROR -LEFT HAND $865.00 $865A0 1 1109607 12" CONVEX MIRRORS ILO STD 8" $415.00 $415.00 2 1081188 SPARE CHASSIS KEY $60.00 $120.00 1 1123271 A + BAT DISCONECT SW -CHASSIS $1,925.00 $1,925.00 1 1081365 IN CAB AIR FILTER RESTRICTION INDICATOR $1 060.00 $1 060.00 1 1081747 2 AIR CLOTH HI -BACK $0.00 $0.00 1081748 1 AIR CLOTH HI -BACK SEAT $0.00 $0.00 1120505 SPARE TIRE & WHEEL BALANCED $1,675.00 $0.00 1081909 SINGLE ARM REST- VINYL $455.00 $0.00 1081910 DUAL ARM REST - VINYL $830.00 $0.00 1081911 SINGLE ARM REST- CLOTH $480.00 $0.00 1081912 DUAL ARM REST- CLOTH $890.00 $0.00 1081956 DAYTIME RUNNING LIGHTS $1,295.00 $0.00 1 1102744 A-2 MIR MTD AMBER LED FLASHERS $655.00 $655.00 1 1103751 A-SNGL CAB BCN LED $2 145.00 $2,145.00 1 1090653 DUAL AIR HORNS $2,035.00 $2,035.00 1 1140401 MIDWEST AUTOLUBE- SWEEPER(TRUCK $9,575.00 $9,575.00 1 1101567 2 1/2 LB. FIRE EXTINGUISHER $275.00 $275.00 1101568 5 LB. FIRE EXTINGUISHER $330.00 $0.00 1 1108053 FULL WIDTH FRONT SPRAY BAR $955.00 $955.00 1 4820001 CAB STANDARD WHITE $0.00 $0.00 1063734 M2 IN STOCK CAB SPECIAL COLOR $5,595.00 $0.00 1115658 2 FRONT CAMERAS 1 REAR CAMERA $1.205.00 $0.00 1120361 EXTENDED REACH RIGHT HAND SIDEBROOM MUST SELECT IN CAB HYDRAULIC FLOAT SIDEBROOMS $1,755.00 $0.00 1120782 EXTENDED REACH RIGHT AND LEFT HAND SIDEBROOMS MUST SELECT IN CAB HYDRAULIC FLOAT SIDEBROOMS $2.425.00 $0.00 Page 59 of 227 Prepared For, MODEL: BROOM BEAR 23 ✓��1a� ' EFFECTIVE DATE: T (U.S. DO City of Port Orchard SUPERCEDES ALL PREVIOUS PRICE LISTS 1535 Vivian Ct. DEALER PRICE LIST (U.S. DOLLARS) Port Orchard, WA 98366 REV# 1 Sourcewell 093021-ELG Contact Re resentativw Edward Tuck (253) 499-3514 etuckPoweneouioment.com QUANTITY PART NUMBER MODEL DESCRIPTION 2023 LIST PRICE 2023 EXTENDED NAVISTAR CHASSIS OPTIONS 4820001 CAB STANDARD WHITE $0.00 $0.00 1063731 NAV CAB PAINTED SPECIAL COLOR $4,435.00 $0.00 1108053 FULL WIDTH FRONT SPRAY BAR $955.00 $0.00 1086733 LEFT HAND FENDER MOUNTED MIRROR $640.00 $Q00 1101557 2 1/2 LB. FIRE EXTINGUISHER $275.00 $0.00 1101568 5 LB. FIRE EXTINGUISHER $330.00 $0.00 1091761 EXTRA KEY $85.00 $0.00 1091770 2 ELECTRIC & 1 AIR HORN $2,280.00 $0.00 1099317 1 ELECTRIC HORN 1 $475.00 1 $0.00 1120361 EXTENDED REACH RIGHT HAND SIDEBROOM MUST SELECT IN CAB HYDRAULIC FLOAT SIDEBROOMS $1,755.00 $0.00 1120782 EXTENDED REACH RIGHT AND LEFT HAND SIDEBROOMS MUST SELECT IN CAB HYDRAULIC FLOAT SIDEBROOMS $2,425.00 -----FREIGHT RATES----- EFFECTIVEDATE: 01/0112022 FRT-118-001 SELF SHIPPING DOCK CHARGE $975.00 $0.00 FRT-118-002 FREIGHT -IL WI IA IN MI MN KY $2,075.00 $0.00 FRT-118-003 FREIGHT -TN WV PA NY $4,100.00 $0.00 FRT-118-004 FREIGHT-NHVTME $4,805.00 $000 FRT-118-005 FREIGHT -NEW YORK CITY $5,360.00 $0.00 FRT-118-006 FREIGHT -ND SD NE OK KS AR AL MO $3 625.00 $0.00 FRT-118-007 FREIGHT -AZ UT $5,540.00 $0.00 1 FRT-118-008 FREIGHT -CA NV ID OR WA $7,605.00 $7,605.00 FRT-118-009 FREIGHT-CHICAGO/MILWAUKEE $1,125.00 $0.00 FRT-118-010 FREIGHT - FL LA TX NM CO WY MT $5.395.00 $0.00 FRT-118-011 FREIGHT- OH ST.LOUIS METRO $2,175.00 $0.00 FRT-118-012 FREIGHT- MS GA SC NC VA MD $4 380,00 $0.00 FRT-118-013 FREIGHT - RI DE CT NJ MA $3,990.00 $0.00 FRT-118-014 FREIGHT - LAREDO TX $7,950.00 $0.00 FRT-118-015 SPECIALIZED TRANSPORT EQUIPMENT $1,275.00 $0.00 --------- WARRANTY --------- EW-ME-NA-2PL BROOM BEAR 2No YEAR PARTS/LABOR $3,510.00 $0.00 EW-ME-NA-3PL BROOM BEAR 3no YEAR PARTS/LABOR $6,640.00 $0.00 EW-ME-NA-4PL BROOM BEAR 4'" YEAR PARTS/LABOR $9,455.00 $0.00 EW-ME-NA-5PL BROOM BEAR 5'i' YEAR PARTS/LABOR $12,020.00 SPECIAL RFQ OPTIONS OR OTHER DESCRIPTIONS 1 1130580 PIRANHA BRUSH SEGMENT SET - SIDE BROOMS $880-00 $880.00 PROPOSAL DATE: 06/02/2023 QUOTE NUMBER: 2023-52729 Price List Date: 03/15/2023 PO NUMBER: QTY: Customer Initials: PAYMENT TERMS: NET 10 DAYS FROM DATE OF INVOICE. 1.5% FINANCE CHARGE PER MONTH (18% ANNUAL RATE). PROPOSAL NOTES: 1. Multiple unit orders will be identical to signed proposal. Changes or deviations to any unit of a multiple unit order will requires a new signed proposal. 2. Chassis specifications and data codes for customer supplied chassis must be submitted to and approved by Elgin Sweeper Company prior to submittal of customer purchase order 3. All prices quoted are in US Dollars unless otherwise noted. 4. This proposal incorporates, and is subject to, Vactor Manufacturing's standard terms and conditions attached hereto and made a part hereof. SIGNED BY Date: SWEEPER TOTAL $397671.90 Sales Tax 10.4% $41 357.88 GRAND TOTAL 1 $439 029.78 Page 60 of 227 Prepared For, MODEL: BROOM BEAR EFFECTIVE DATE; 02/06/2023 •�y City of Port Orchard SUPERCEDES ALL PREVIOUS PRICE LISTS 1535 Vivian Ct. DEALER PRICE LIST (U.S. DOLLARS) Port Orchard, WA 98366 REV# 1 Sourcewell 093021-ELG Contact Representative: Edward Tuck 253 499-3514 etuckPoweneouicment.com QUANTITY PART NUMBER MODEL DESCRIPTION 2023 LIST PRICE 2023 EXTENDED LIMITED WARRANTY ELGIN SWEEPER COMPANY warrants each new machine manufactured by it against defects In material and workmanship provided the machine is used in a normal and reasonable manner. This warranty is extended only to the original user -purchaser for a period of twelve (12) months from the date of delivery to the original user -purchaser. ELGIN SWEEPER COMPANY will cause to be repaired or replaced, as the Company, may elect, any part or part of such machine which the Company's examination discloses to be defective in material or workmanship. Repairs or replacements are to be made at the selling Elgin distributors location or at other locations approved by ELGIN SWEEPER COMPANY. The ELGIN SWEEPER COMPANY warranty shall not apply to: lMajor components or trade accessories such as but not limited to, trucks, engines, tires or batteries that have a separate warranty by the original manufacturer. 2Jornal adjustments and maintenance services. 34ormal wear parts such as but not limited to, broom filters, broom wire, shoe runners and rubber deflectors. ¢allures resulting from the machine being operated in a manner or for a purpose not recommended by ELGIN SWEEPER COMPANY Mepairs, modifications or alterations without the consent of ELGIN SWEEPER COMPANY which, in the Company's sole judgment, have adversely affected the machine's stability or reliability. Stems subjected to misuse, negligence, accident or improper maintenance. The use in the product of any part other than parts approved by ELGIN SWEEPER COMPANY may invalidate this warranty ELGIN SWEEPER COMPANY reserves the right to determine, In its sole discretion, if the use of non -approved parts operates to invalidate the warranty. Nothing contained in this warranty shall make ELGIN SWEEPER COMPANY liable for loss, in}ury, or damage of any kind to any person or entity resulting from any defect or failure In the machine. TO THE EXTENT LIMITED BY LAW, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, This warranty is also in lieu of all other obligations or fabllifies on the part of ELGIN SWEEPER COMPANY, including but not limited to, liability for incidental and consequential damages on the part of the Company or the seller. ELGIN SWEEPER COMPANY makes no representation that the machine has the capacity to perform any functions other than as contained in the Company's written literature, catalogs or specifications accompanying delivery of the machine. No person or affiliated company representative is authorized to give any other warranties or to assume any other liablllly on behalf of ELGIN SWEEPEAR COMPANY in connection with the sale, servicing or repair of any machine manufactured by the Company. ELGIN SWEEPER COMPANY reserves the right to make design changes or improvements In lls products without imposing any obligation upon itself to change or improve previously manufactured products: Page 61 of 227 CITY OF PORT ORCHARD Back to Agenda PURCHASES THROUGH INTERLOCAL AGREEMENTS City Contract No.: 075-14 Interlocal Agreement with the Host Agency (government agency or Purchasing Co -Op name): Sourcewell Item Description: Elgin Broom Bear Sweeper Do you have an Interlocal agreement signed with the Contract (host) Agency? ® If yes, where is it filed: _City Clerk El If no, get a mutually signed Agreement in place before you continue. State Contract No.#: Sourcewell #093021 If you have an Office of State Procurement (OSP) contract number you may skip the remainder of this test because the OSP contracts comply with remaining requirements and retain the documentation on hand for SAO to review in the OSP offices. Is this a technology contract? ❑ If yes, do your own rules allow for technology contracts to be negotiated? ❑ If your own rules allow for negotiated IT contracts, you can skip this test. Is this a services contract? ❑ If yes, do your own rules allow services to be negotiated? ❑ If your own rules allow for negotiated services, you can skip the remainder of the test. Are you using this as only one of multiple quotes, for a small purchase? ❑ If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules. Checklist for Re wired Compliance Is the Host agency a public agencyi? ® Yes ❑ No If Yes, what state laws apply to Host Agency: Minnesota Does the host agency have a requirement ® Yes ❑ No Federal and State contract rules usually don't to run a newspaper ad in their local paper require a newspaper ad. For others, attach the and did they comply ad or place into the file Did they list on the public agency's ❑X Yes ❑ No If Yes, state when and the address, and proof website? of date, address shall be attached or placed into the file. If No, you cannot use the bid. Did the bid & award comply with the ❑x Yes ❑ No If Yes, obtain documentation to support answer Host agency's state procurement laws? from Host Agency. If No, you cannot use the bid. 1 RCW 39.34.020 (1), "public agency' means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another state Page 62 of 227 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Consent Agenda 41 Agenda Staff Report Subject: Acceptance of a Grant from Kitsap Bank for the Festival of Chimes and Lights Event Meeting Date Prepared by Atty Routing No.: Atty Review Date Back to Agenda September 12, 2023 Brandy Wallace, MMC City Clerk N/A N/A Summary: Each year, Kitsap Bank seeks applications for the Kitsap Bank Community Connections Grant. For the last several years the City has applied, and received, funding for the Festival of Chimes and Lights event. The grant funds are used to purchase lights, decorations and/or other various items needed for the event. However, pursuant to RCW 35A.11.040, acceptance of any grant requires council approval. In addition, a grant is a contract, and under RCW 35A.11.010, the city council is the contracting authority for the City. This year the funds will be spent on purchasing of additional lights for decorating downtown and City Hall, as well as to purchase prizes for winners of the downtown Bay Street tree decorating contest. Recommendation: Staff recommends approval of the grant as presented. Relationship to Comprehensive Plan: N/A. Motion for consideration: "I move to accept the grant from Kitsap Bank for the Festival of Chimes and Lights event, as presented. Fiscal Impact: $1,000 will be deposited into the General Fund. Alternatives: Not approve and provide direction to staff. Attachments: Kitsap Bank approval email. Page 63 of 227 Back to Agenda Jenine Floyd From: KB -Marketing <marketing@kitsapbank.com> Sent: Thursday, December 15, 2022 9:40 AM To: CityClerk Mailbox Subject: 2023 Kitsap Bank Community Connections Attachments: ACH Vendor Agreement and Authorization.pdf; KB_StandardsGuide6.pdf; Kitsap Bank Photograph Release.docx; KitsapBank_Primary_2CLR jpg; Statement Message Request Form.doc Dear Brandy, Thank you for your application to Kitsap Bank's Community Partner Program. Our committee has reviewed your application for funding, and we are pleased to inform you that your 2023 request on behalf of the City of Port Orchard has been approved for the Festival of Chimes and Lights Sponsorship in the amount of $1,000. This payment will be sent to you in October. Important Information and Next Steps: Event Date Please email marketing@kitsapbank.com no later than a month prior to your estimated event date with confirmation of event. Due to the current environment, please contact us as soon as possible if your event is postponed, canceled, or has been moved to virtual; we will work with you to determine the best use of the allotted sponsorship funds in 2023. • Sponsorship Payment Your event date will determine when the sponsorship payment is made (typically 90 days in advance). Attached is our ACH Vendor Agreement, for us to process sponsorship payment please complete and return it to marketing@kitsapbank.com. • Logo Kitsap Bank's logo files are attached for your use. When using our logo, please refer to the attached Standards Guide for guidance in usage. • Photos We love what you're doing, and we want to hear (and see) your stories! We request that you provide a minimum of three photographs, which we may feature on our Kitsap Bank website, in advertisements, or in print materials. The attached release form will need to be signed by all persons appearing in your selected photos, and returned to marketing@kitsapbank.com. • Social Media We encourage you to share photos and event posts with us on social media using the hashtags #causegood and #kitsapbank. ■ Statement Messages/Event Promotion As a Kitsap Bank Community Partner, we offer the added benefit of announcing your event on a space -available basis in our monthly statements, as well as listing your organization on our web site. A form is attached with instructions for submitting your announcement to our Marketing Department. 1 Page 64 of 227 Back to Agenda • Sponsor Ads If our sponsorship comes with an advertisement, please email marketin kitsa bank.com with the ad dimensions, color requirements, file type and deadline. We require a minimum two week notice so that we can prepare the ad. • 2024 Application Deadline — Sept. 15, 2023 The 2024 Community Connections Application must be completed and received no later than Friday, September 15, 2023. Should you wish to apply next year, please apply online at htt s: Www.kitsa .bank.com about- us/community-giving/community-connections/ . Like you, Kitsap Bank is committed to supporting our neighbors and enriching our community. We thank you for your commitment to make a difference, and look forward to supporting your efforts over the coming year. Sincerely, Katlin Kitsap i Bank Katlin Rouse Marketing Coordinator p 360.634.2125 f 360.876.7885 619 Bay Street Port Orchard, WA 98366 To send documents to me directly please use my secure upload link: httt sIkitsapbank.sharef0e.comlr- r50950ca9f8Of4lfa877d400f1095eff6 Kitsap Bank continues to monitor the rapidly evolving COVID-19 situation. Please be assured that we are committed to supporting you, our employees and our community through this situation. For up-to-date information, please refer to https://www.kitsapbank.com/about-us/covid-19-update/ and follow us on social media. *** PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS EMAIL- *** This message (including any attachments) contains confidential information intended For a specific individual and purpose, and is protected by law. If you are not the intended recipient, please: (i) delete the message and all copies; (ii) do not disclose, copy, distribute or use the message in any manner; and (iii) notify the sender immediately. In addition, please be aware that any message addressed to our domain is subject to archiving and review by persons other than the intended recipient. The above does not represent an electronic signature for the purposes of E-SIGN. When sending sensitive financial information to me, please use the Zix Secure Message Center. This free service uses state-of-the-art encryption technology to ensure that both the email and all attachments are fully protected. To access Zix click here; https://secure- kitsapbank.com. To send me documents please visit our Secure File Transfer Site at: https://www.kitsapbank.com/ftp Page 65 of 227 Agenda Item No. Subject City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 4.1 Adoption of a Resolution Approving an Amended Memorandum of Understanding with the Port of Bremerton for Waterfront Parking Back to Agenda Meeting Date: September 13, 2023 Prepared by: Charlotte Archer City Attorney Atty Routing No.: 366922-0009 — PW Atty Review Date: September 8, 2023 Summary: The City's owns and operates an existing sewerage pump station located within the Port Orchard Harbor Area in Sinclair Inlet. The Port of Bremerton owns and operates the Port Orchard Marina adjacent to the City's sewerage pump station. The City has designed the Marina Pump Station project to replace the existing sewerage pump station (the "Project"), and the Project will temporarily and permanently impact the Port's property as well as adjacent waterfront parking. In 1996, the City and Port executed a Memorandum of Understanding to set forth parking assignments and responsibilities for the parking area (the "1996 MOU"). This MOU focused on the Port's property, including Kitsap County Parcels Nos. 4053-013-007-0103, 4028-001-001-0007, and 4028-001-011-0005, commonly known as Lots 3 and 4, which are used for water dependent uses and waterfront parking, as well as the City's rights of way and associated public parking. Due to the configuration of the waterfront, and community events and business operations impacting parking in the area, in 2011, the City and the Port entered into a new Memorandum of Agreement (the "2011 MOA") to supersede the 1996 MOU, setting forth terms to govern the City and Port's use, management, and revenue collection for the parking areas. Because the City's Marina Pump Station project to serve the residents of Port Orchard will impact the parking areas covered by the 2011 MOA, the City provided notice to the Port of the proposal in January 2023. In response, in February 2023, the Port provided notice to the City of its intent to withdraw from the 2011 MOA effective June 1, 2023. The City and Port negotiated the terms of a Memorandum of Agreement to set forth the terms and conditions by which the Port will withdraw effective July 1, 2023, and to establish the use, management, and operation of the waterfront parking areas. The City Council Approved the MOA on July 11, 2023. Following Council approval, the Port requested additional modifications regarding the transition timeline. In response, the City requested additional modifications to the agreement pertaining to code enforcement and the Port's future choice of a parking ticketing system. The Port's Board of Commissioner's approved the revised version of the Agreement at its meeting on August 22, 2023, and requested the City approve the revised version. Page 66 of 227 Back to Agenda Consent Agenda 4J Pate 2 of 2 Recommendation: Staff recommends the City Council adopt a Resolution authorizing the Mayor to execute a revised Memorandum of Agreement with the Port of Bremerton for waterfront parking. Relationship to Comprehensive Plan: Utilities Motion for consideration: "I move to adopt a Resolution authorizing the Mayor to execute a revised Memorandum of Agreement with the Port of Bremerton for waterfront parking." Fiscal Impact: None Alternatives: Do not approve and provide alternative guidance, however this is tied to the Marina Pump Station project. Attachments: Resolution [Revised] Memorandum of Agreement with the Port of Bremerton Courtesy Copy of 2011 MOA Page 67 of 227 Back to Agenda RESOLUTION NO. XX A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDED RESOLUTION NO. 066-23, AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE PORT OF BREMERTON CONCERNING WATERFRONT PARKING WHEREAS, the Port Orchard Marina is owned and operated by the Port of Bremerton (the "Port"), including Kitsap County Parcels Nos. 4053-013-007-0103, 4028-001-001-0007, and 4028-001-011-0005, commonly known as Lots 3 and 4, which are used for water dependent uses and waterfront parking; and WHEREAS, the City of Port Orchard owns and controls rights of way providing access to the aforementioned parking spaces, and has historically provided parking enforcement and associated services for these public parsking lots; and WHEREAS, in 1996, the City and the Port entered into a Memorandum of Understanding to set forth parking assignments and responsibilities for the area (the "1996 MOU"); and WHEREAS, due to the configuration of the waterfront, and community events and business operations impacting parking in the area, in 2011, the City and the Port entered into a new Memorandum of Agreement (the "2011 MOA") to supersede the 1996 MOU, setting forth terms to govern the City and Port's use, management, and revenue collection for the parking areas; and WHEREAS, the City's proposal to construct the Marina Pump Station project to serve the residents of Port Orchard will impact the parking areas covered by the 2011 MOA, and accordingly, the City provided notice to the Port of the proposal in January 2023; and WHEREAS, in February 2023, the Port provided notice to the City of its intent to withdraw from the 2011 MOA effective June 1, 2023; and WHEREAS, the City and Port negotiated the terms of a Memorandum of Agreement to set forth the terms and conditions by which the Port will withdraw effective July 1, 2023, and to establish the use, management, and operation of the waterfront parking areas; and WHEREAS, the proposed Memorandum of Agreement provides, among other terms, that the City and Port will work collaboratively to ensure public events continue in the area and that the City will provide parking enforcement to benefit the public that utilize these parking lots in exchange for compensation; and 10734764.1 - 366922 - 0001 Page 68 of 227 Back to Agenda WHEREAS, the City Council approved the Memorandum of Agreement by Resolution No. 066-23 on June 27, 2023, and following approval the Port requested additional modifications to the Memorandum of Agreement which are reflected in the version attached as Exhibit A and incorporated herein by this reference; WHEREAS, the City Council finds it in the best interest of the City and its residents to authorized the Mayor to execute the revised Memorandum of Agreement with the Port for waterfront parking; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: Resolution No. 066-23 is amended to substitute Exhibit A attached hereto and incorporated herein with this reference. The Mayor is authorized to execute the Memorandum of Agreement attached hereto as Exhibit A and incorporated herein with this reference. The Mayor is further authorized to take all actions necessary to effectuate the terms of the Memorandum of Agreement. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this _ day of June, 2023. ATTEST: Brandy Wallace, City Clerk, MMC 10734764.1 - 366922 - 0001 Robert Putaansuu, Mayor Page 69 of 227 Back to Agenda Memorandum of Agreement for Allocation and Control of Parking on Waterfront Property Between City of Port Orchard and Port of Bremerton 2023 10734716.1 - 366922 - 0001 Page 70 of 227 Back to Agenda Contents 1. RECITALS.................................................................................................................................... 2 2. PURPOSE....................................................................................................................................2 3. PREMISES...................................................................................................................................2 4. EFFECTIVE DATE......................................................................................................................... 2 5. TERM.......................................................................................................................................... 2 6. AGREEMENT..............................................................................................................................2 7. COMPENSATION........................................................................................................................ 3 8. RESTRICTIONS ON USE............................................................................................................... 4 9. EVENTS COORDINATION............................................................................................................ 4 10. RECIPROCAL INDEMNIFICATION................................................................................................ 5 11. DEFAULT BY CITY OF PORT ORCHARD....................................................................................... 5 12. NOTICE.......................................................................................................................................5 13. ENTIRE AGREEMENT.................................................................................................................. 6 Exhibit A: DNR Lease No. 20-AO9891 Exhibit B: Map of Premises 10734716.1 - 366922 - 0001 Page 71 of 227 Back to Agenda MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT ("MOA") is effective on the day of the last signature on this MOA, by and between the Port of Bremerton ("Port"), a public port district, and the City of Port Orchard ("City"), a Washington State municipal corporation. RECITALS A. The Port Orchard Marina is owned and operated by the Port of Bremerton, which has a Port Management Agreement (PMA) no. 22-080016 with Department of Natural Resources ("DNR") for use of State-owned aquatics lands for port purposes. It is located within the Port Orchard Harbor Area in Sinclair Inlet, in Kitsap County, Washington. B. The Port of Bremerton is in ownership of property including Kitsap Assessor Parcel Number # 4053-013-007-0103, commonly known as "Lot 3" and has been used for water dependent uses and waterfront parking. C. The Port of Bremerton is in ownership of property including Kitsap Assessor Parcel Number # 4028-001-001-0007, commonly known as "Lot 4" and has been used for water dependent uses and waterfront parking. D. The Port of Bremerton also has a lease no. 20-AO9891 with DNR for use of State-owned aquatic lands including Kitsap Assessor Parcel Number # 4028-001-011-0005, that has been used for water dependent uses and waterfront parking, commonly known as the east end of the Port Orchard waterfront "Lot #4". E. The City of Port Orchard is in ownership of the Harrison Avenue Right -of -Way, that has been used for water dependent uses and waterfront parking and includes portions of parking spaces within both "Lot 3" and "Lot 4", this area is referred to as the "City's Right - of -Way". F. The 2011 existing MOA between the City of Port Orchard and Port of Bremerton previously provided the City of Port Orchard use, management, and revenue collection for the parking areas identified as "Lot 3" and "Lot 4", with allocation of spaces for Port of Bremerton use at 707 Sidney Parkway, in the area commonly known as "Lot 1". G. On January 9, 2023, The City of Port Orchard provided notice to the Port of Bremerton that the 2011 existing MOA between the City of Port Orchard and Port of Bremerton would be impacted by the Marina Pump Station project. H. On February 6, 2023, the Port of Bremerton provided notice to the City of Port Orchard with the intent to withdraw from the 2011 MOA effective June 1, 2023, however the Port extended Page 1 1 10734716.1 - 366922 - 0001 Page 72 of 227 Back to Agenda that date while the parties negotiated the terms of a successor MOA. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. RECITALS The foregoing recitals are true and correct and are incorporated herein by this reference. 2. PURPOSE 2.1 The purpose of this Memorandum of Agreement is to set forth the terms and conditions by which the Port will withdraw from the 2011 MOA for waterfront parking, and by July 1, 2023, will vacate the allocated parking spaces for Port of Bremerton located at 707 Sidney Parkway, in the area commonly known as "Lot 1". 2.2 The purpose of this Memorandum of AGREEMENT is also to set forth the means by which the Port will withdraw from the 2011 MOA for waterfront parking, and by July 1, 2023, will establish the Port of Bremerton use, management, and operation of the areas commonly known as Port Orchard East waterfront parking areas "Lot 3" and "Lot 4". 2.3 The purpose of this MOA is to also replace and rescind the existing 2011 MOA between the City of Port Orchard and the Port of Bremerton regarding waterfront parking. 3. PREMISES The "Premises" include Kitsap Assessor Parcel Number # 4053-013-007-0103, # 4028-001-011- 0005, Parcel Number # 4028-001-001-0007, including DNR aquatic lease No. 20-AO9891 and including 15 partial parking spaces located within the Harrison Avenue right-of-way, of the areas commonly known as Port Orchard East waterfront parking areas "Lot 3" and "Lot 4". 4. EFFECTIVE DATE The "Effective Date" of this MOA shall be the date this MOA has been fully executed. S. TERM The term of this agreement shall be ongoing unless terminated by written agreement or with 180-day written notification. 6. AGREEMENT 6.1 The Port shall withdraw from the 2011 Memorandum of Agreement for waterfront parking with the City of Port Orchard on July 1, 2023, and will vacate the allocated parking spaces for Port of Bremerton located at 707 Sidney Parkway, in the area commonly known as "Lot 1" upon execution of this agreement. 6.2 The Port of Bremerton will establish the use, management, operation, Page 1 2 10734716.1 - 366922 - 0001 Page 73 of 227 Back to Agenda maintenance, and revenue collection of the premises, commonly known as Port Orchard East waterfront parking areas "Lot 3" and "Lot 4" upon execution of this agreement. 6.3 Upon execution of this agreement, the Port of Bremerton will begin to manage community event permits and event usage of the premises, commonly known as Port Orchard East waterfront parking areas "Lot 3" and "Lot 4". The Port of Bremerton will endeavor to honor existing approved 2023 City event permits as much as practicable and will coordinate with stakeholders. 6.4 The City of Port Orchard has agreed to provide parking enforcement for premises, commonly known as Port Orchard East waterfront parking areas "Lot 3" and "Lot 4". Enforcement shall include Marina Tenant parking passes and interaction with the Port regarding implementation of Port parking rules and requirements. Parking enforcement shall commence upon notice to proceed issued to the City by the Port, which may or may not occur simultaneously with the effective date of this MOA. Parking enforcement shall be compensated pursuant to compensation identified in Section 7. 6.5 The Port of Bremerton will manage, control, and be responsible for all maintenance, striping, landscaping, curbs, surfacing, lighting, signage, and all capital projects for premises, commonly known as parking areas "Lot 3" and "Lot 4". 6.6 The Port of Bremerton will manage, control, and be responsible for parking fare collection and any electronic parking kiosks for premises, commonly known as parking areas "Lot 3" and "Lot 4". 6.7 The City of Port Orchard agrees to remove the existing parking kiosks and signage upon the execution of this agreement, provided the kiosks and signage shall be removed by September 30, 2023. 6.8 The City of Port Orchard agrees to coordinate with the Port of Bremerton regarding plans, permits, and approvals pertaining to the construction of the Bay Street Pedestrian Path Segment 1, located on the premises, commonly known as parking areas "Lot 3" and "Lot 4". 6.9 With regards to any parking stalls or spaces not covered by this Agreement but which are located on the Premises described herein, the City shall be responsible for any such spaces in Lot 1, and the Port shall be responsible for any such spaces in Lots 3 and 4, including all necessary maintenance, striping, pavement repair, thermoplastics, sweeping, and landscaping. 7. COMPENSATION 7.1 Parking Enforcement: The Port shall provide compensation and payment to the City each year by June 30th for Parking Enforcement services provided by the City for Lot 3 and Lot 4. 7.2 Annual parking enforcement compensation shall be in the amount of $12,000 Page 13 10734716.1 - 366922 - 0001 Page 74 of 227 Back to Agenda each year. 7.3 The annual parking enforcement compensation may be increased each year beginning January 1, 2025. The compensation shall increase annually per CPI-U (All Urban Consumers Index) (1982-1984=100), not seasonally adjusted, for the Seattle -Tacoma -Bellevue area for that 12-month period from January 1st to December 31st indexed as the annual average, as is specified by the Bureau of Labor Statistics, United States Department of Labor. Increases based on CPI-U shall take effect on January 1st of the following year. However, the increase shall be no more than 5% or no less than 1%. 7.4 In addition to the increase set out in Section 1.3 herein, the City shall be authorized to increase parking enforcement compensation upon six (6) months written notice to the Port if the City's costs associated with parking enforcement increase due to the Port's selection of a new permitting/ticketing method or vendor, including but not limited to a selection that triggers the City's purchase of necessary software or equipment at the request of the Port, or increased staff time dedicated to enforcement efforts due to the Port's choice of permitting method/vendor. 7.5 Initial parking enforcement compensation shall be prorated based on the number of days remaining in 2023 upon commencement of parking enforcement at the direction of the Port (see Section 6.4). 7.6 Compensation payment to the City shall be provided on or before June 30 of each year, with the initial prorated parking enforcement payment due to the City by December 31, 2023. 7.7 Termination of Parking Enforcement Services: Upon six (6) months of written notice, either party may terminate the agreement for parking enforcement. Termination of parking enforcement shall not impact or affect other sections of this agreement. 8. RESTRICTIONS ON USE The Port shall maintain a total of 20 spaces located within Lot # 3, available to the public for 2- hour parking free of charge for the parking space. Those spaces shall not be exempt from enforcement due to a marina parking pass. 9. EVENTS COORDINATION 9.1 The Port of Bremerton and the City of Port Orchard agree to coordinate efforts related to community events occurring on the premises identified herein (for example, 4th of July, Cruz Car Show, Chimes & Lights), in relation to road closures, public works needs, police and first responder safety, transit operations, and similar use of public spaces. Community events located in areas controlled by the Port that do not involve the closure of or impact in any way Harrison Avenue shall be the primary responsibility of the Port, utilizing the Port's application process, provided the City shall be provided the opportunity to comment on the application. Community events involving Harrison Avenue shall be the primary responsibility of the City, utilizing the City's application process, provided the application shall be submitted to the Port for review and approval for events that propose to utilize property controlled by the Page 14 10734716.1 - 366922 - 0001 Page 75 of 227 Back to Agenda Port. 9.2 The Port and the City agree to work together on a case -by -case basis to assist with temporary event parking for marina tenants where needed, related to specific community events (for example, 4th of July, Cruz Car Show, Chimes & Lights). 9.3 The Port of Bremerton and the City of Port Orchard agree to review and provide communication in relation to each other's Event permits and applications that may impact spaces or needs related to the premises. 9.4 For 2023, City event permits already approved by the City shall continue to be honored by the Port for 2023. 10. RECIPROCAL INDEMNIFICATION To the maximum extent permitted by law, each Party shall defend, indemnify, and hold harmless the other Party and all of its officials, Board Members, employees, principals, and agents from all claims, demands, suits, actions, and liability of any kind, including injuries to persons or damages to property ("Claims"), which arise out of, are connected with, or are due to the negligent acts or omissions of the indemnifying Party, its contractors, and/or employees, agents and representatives in performing its obligations under this Agreement, provided each Party's obligation under this section applies only to the extent of the negligence of that Party or its contractors, employees, agents, or representatives. Each of the Parties agrees that its obligations under this section extend to any claim, demand, cause of action and judgment brought by, or on behalf of, any of its employees or agents. For this purpose, both Parties, by mutual negotiation, hereby waive, regarding the other Party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. 11. DEFAULT Failure to perform any provision of this MOA shall constitute a default by the party failing to perform, unless such default is cured by the party failing to perform within 90 days after receiving written notice from the other party. Exceptions: If there is any delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, governmental restrictions, regulations or controls, enemy or hostile governmental action, riot, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform, such causes shall excuse the performance. If the default cannot reasonably be cured within 90 days, the non -performing party shall not be in default of this MOA if that party commences to cure the default within such ninety (90) day period and diligently and in good faith continues to cure the default. 12. NOTICE Any notice given under this MOA shall be effective only if in writing and given by delivering the notice in person or by sending it first-class mail or certified mail with a return receipt requested Page 15 10734716.1 - 366922 - 0001 Page 76 of 227 Back to Agenda or by overnight courier return receipt requested, with postage prepaid, at the following addresses, or at such other addresses as either the Port or City of Port Orchard may designate by notice as its new address: Address for Port of Bremerton Telephone No: Fax No: Email: Chief Executive Officer Port of Bremerton 8850 SW State Hwy 3 Bremerton, WA 98312 (360) 674-2381 (360) 674-2807 iimr@portofbremerton.or� Address for City of Port Orchard: Mayor City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Telephone No: (360) 876-4407 Fax No: (360) 895-9029 Email: rputaansuu@portorchardwa.gov Any notice hereunder shall be deemed to have been given two (2) days after the date when it is mailed if sent by first-class or certified mail, one day after the date it is mailed, if sent by overnight courier, or upon the date personal delivery is made. For convenience of the parties, copies of notices may also be given by email, facsimile or telephone to the address or numbers set forth above or such other address or number as may be provided from time to time; however, neither the Port nor City of Port Orchard may give official or binding notice by email, telephone or facsimile. 13. ENTIRE AGREEMENT This MOA (including attached exhibits, if any) contains the entire AGREEMENT between the parties with respect to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this MOA to be executed as of the date written below. City of Port Orchard Resolution No. Port of Bremerton Resolution No. CITY OF PORT ORCHARD, a public municipality PORT OF BREMERTON, a public port district Page 1 6 10734716.1 - 366922 - 0001 Page 77 of 227 Back to Agenda By: Rob Putaansuu Mayor City of Port Orchard Date Signed: By: Jim Rothlin Chief Executive Officer Port of Bremerton Date Signed: Page 17 10734716.1 - 366922 - 0001 Page 78 of 227 Back to Agenda Memorandum of Agreement between the City of Port Orchard and The Port of Bremerton Concerning the Allocation and Control of Parking on Waterfront Property City Contract No. 034-11 This Memorandum of Agreement (MOA ) supersedes and replaces the previous agreement between the Port of Bremerton ("Port")and the City of Port Orchard ("City") (hereafter collectively referred to as "the parties") dated February 13, 1996 (see Exhibit A). Background: The Port currently controls 30 parking spaces adjacent to the Port's Port Orchard Marina Park ("Lot #4"), These parking spaces are located on two property parcels; one parcel is owned by the Port and the other parcel is leased by the Port from the Washington State Department of Natural Resources ("WADNR" ). The Port uses these spaces for Port Orchard Marina tenant parking and Marina Park parking. The City of Port Orchard ("City") currently controls 32 spaces in two rows directly in front of the Port's Port Orchard Marina office ("Lot #i") that the Port propose to occupy. These parking spaces (both merchant/paid parking and 4-hour parking) are located on a property parcel leased by the City from WADNR. The City also controls 87 spaces (both merchant/paid and paid) on, or partially on, a Port owned parcel of land on the waterfront accessed off Harrison Avenue (see Exhibit B, which is attached and incorporated by reference). Discussion: Over time, the configuration of the waterfront and the impact of community events and business operations have made it advantageous for the City and the Port to exchange responsibility for the control of Lots #1 and #4. The major impacts driving the need to change are: • The Port's Lot #4 spaces are sometimes underutilized due to the inconvenient distance of the lot from the marina gates. As a result, the boaters are more likely to use the 4-hour no -fee City parking in other lots nearer the marina gates, including Lot # 1. • When the Farmers Market is in operation adjacent to Lot #4, marina tenants using Lot #4 must drive through parts of the Farmer's Market. This is a safety concern for both the City and the Port. This also causes marina tenants to rmderutilize this lot and park in the no -fee City parking. • When marina tenants use the no -fee City parking it lowers the number of spaces available for local merchant customers to park. • Very few customers of local businesses use Lot #1. Most of the spaces in Lot # 1 are used by commuters and merchants who would not be adversely impacted by using Lot #4. • Community events frequently (3 to 5 times a year) require the Port to vacate its Lot #4 spaces and move marina tenant parking to 32 spaces in Lot #i which have been vacated by the City for the event. This causes major disruption to the marina tenants who are the customers of the largest single downtown business in Port Orchard. In addition, this temporary swapping of parking spaces causes significant confusion amongst the public. • The City's recent switch to an electronic paid parking system for the spaces accessed off Harrison Avenue. • Parking needs associated with the Port's future Marina Park Expansion project. Agreement: The Port and the City agree that it is in their best interest, and in the best interest of the public, to modify the current arrangement of parking management effective April 4, 2011 subject to the following: 1. Attached hereto and incorporated by reference is Exhibit C which depicts the proposed parking as described herein. 2. The City will retain control of the 87 (both merchant/paid and paid) spaces on the Port property accessed off Harrison Avenue. 3. The Port agrees to vacate all 30 parking spaces in Lot #4 and turn over control of those spaces to the City. The a existing waterfront spaces (Lot#4) will be converted into nine (9) 2-hour Marina Park parking spaces, one (i) ADA stall with ramp and parking enforcement provided by the City. 4. The City agrees to vacate 32 of its merchant/paid parking spaces in the second and third row in Lot #1 and turn over control of those spaces to the Port. Page 79 of 227 Back to Agenda Port of Bremerton Contract No. 034-11 Page 2 of 3 5. In consideration for a net gain of one parking space the Port agrees to take over from the City the grounds keeping responsibilities of the landscaped areas in the City's Lot #2 in front of the Port Orchard Marina at no cost to the City. 6. The City will maintain and enforce the 11 spaces (10 regular plus one ADA stall with ramp) facing the boardwalk in Lot #4 as 2-hour Marina Park parking to support public access to, and use of, the Port Orchard Marina Park and the planned waterfront trail. 7. The Port and the City will be responsible for signage and stripe painting revisions for the new parking spaces each acquired as a result of this agreement. 8. The City and the Port will establish and enforce their own rules for parking for the spaces they control regardless of which entity owns or leases the property where the parking spaces are located. g. The City will have exclusive control of all other parking spaces in the downtown area, except for those spaces which are on private property and not allocated for City management by the property owner. 1o. Parking enforcement by the City will be limited to those spaces under the exclusive control of the City. The City Parking Enforcement Person will not enforce Port parking rules. The City police will have parking enforcement authority in the Port parking areas. ii. Routine cleaning by the City Public Works Department will include both City and Port parking areas. 12. Closure of either party's parking areas will not be done without express consent of that party. 13. The City and the Port will keep each other informed of their parking regulations for their allocated areas. However, neither party can negate the parking regulations of the other. 14. The term of this agreement shall be ongoing unless terminated by written agreement or with 18o-day written notification. 15. The failure of any party to insist upon strict performance of any of the terms and conditions of this Agreement shall not be construed to be a waiver or relinquishment of same, but the same shall be and remain in full force and effect. 16. Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification by any third party. 17. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. 18. Each individual executing this Agreement on behalf a party represents and warrants that such individual is duly authorized to execute and deliver the Agreement. 1g. All notices and other communications to be given by either party may be given in writing to the appropriate party as follows: City Clerk City of Port Orchard 216 Prospect St. Port Orchard, WA 98366 (36o)876-4407 Chief Executive Officer Port of Bremerton 8850 S.W. State HwY.3 Port Orchard, WA 98367 (36o) 674-2381 Page 80 of 227 Back to Agenda below: Port of Bremerton Contract No. 034-11 Page 3 of 3 IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth gd! —�� Cary Bo eman, Chief Executive Officer Port of Bremerton&KdAI'MIU�\ Dated: IOU • • Page 81 of 227 Back to Agenda � 1 MEMORANDUM OF UNDERSTANDING DOWNTOWN PARKING This Memorandum of Understanding, MOU, is meant to replace previous arrangements between the Port of Bremerton, hereinafter referred to as the PORT, and the City of Port Orchard, hereinafter referred to as the CITY. The MOU will be effective for one year and then reviewed by both the CITY and PORT. The purpose of the that annual review will be to draft the joint resolution to formally adopt the downtown parking arrangements Effective 1 January 1996, the following parking assignments are made, as shown by Enclosure 1: 1. The PORT will have exclusive control of the north row of parking spaces in front of the Harbor Master's office. 2. The PORT will have exclusive control of the 31 spaces in the vicinity of the Waterfront Park. 3. The CITY will have exclusive control of all other parking spaces in the downtown area, except for those spaces which are on private property and not allocated for CITY management by the property owner. Parking enforcement by the City will be limited to those spaces under the exclusive control by the CITY. The CITY Parking Enforcement Person will not enforce PORT parking rules. The CITY Police will have parking enforcement authority in the PORT parking areas. Routine cleaning by the CITY Public Works will include both CITY and PORT parking areas. Closure of either party's parking areas will not be done without express consent of that party. The CITY and PORT will keep each informed of their parking regulations for their allocated areas. However, neither party can negate the parking regulations of the other. PORT OF BREMERTON CIT "OFOR ORCHARD secretary Mar It7 Ann Huntingt Commissioner Leslie J. Weatherill Mayor ATTESTED BY: �r Patricia Parks City Clerk DATE OF DOCUMENT: Page 82 of 227 Back to Agenda ro M u 3> Cl M -A z m m cn m m � cn z v -4 a PU c� 0 •z r � r 0 M x n a D frq Z f " (4 2 � tj D 0 N D D (4 7u Z A CJ Gi Z M D m m D m z 0 c 7 m m Page 83 of 227 3ack to Agenda -------- ---- `"Uri a @? _ 4 Al � N 3xx7.r 1r` , Ir9rrlly - 001w I - 1 `• t" ." 1771i$' /f?.vYr a.sacneu —�-- p � 0 2 r � Y � a l y a O f N i N7!)S+y?�. - - - -O Page 84 of 227' Back to Agenda _ _A,a MIR x s xaR 4 4 1I11 7ir1rli -��----_-_-- zqy 4 / q� i •E s s4erra }jam /�y � �y � I A 6 r y $ r , 7�7t1 C awn.. Page 85 of 227 _ ;�, Back to Agenda _ City of Port Orchard rear 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4K Meeting Date: September 12, 2023 Subject: Adoption of a Resolution Adopting Prepared by: Debbie Lund Operating Policy Related to Employee Information Exemption from Public Records Atty Routing No. Atty Review Date HR Director 366922-0008 September 6, 2023 Summary: The 2023 Washington State Legislature passed Engrossed Substitute House Bill 1533, which was signed by the Governor and made effective May 15, 2023. The legislation authorized public employees to apply for an exemption to the release of their employment information under the Washington Public Records Act when a narrow set of circumstances apply. The legislation was driven by an intent to protect the safety and privacy of employees that are victims of or have dependents that are victims of domestic violence, sexual assault, sexual abuse, stalking, or harassment. The proposed Policy, for incorporation into the Employee Policy manual with cross-reference in the City's Public Records Policies, provides details related to the City's policy and procedure for handling such requests. The proposed policy was shared with City staff and representatives of our bargaining units in August for review and comment. Recommendation: Staff recommends that the City Council adopt the attached resolution establishing an operating policy and procedure to implement new legislation related to employee information exemption from public records. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt a Resolution, establishing a new policy related to a new employee information exemption from public records requests." Fiscal Impact: N/A Alternatives: Do not approve the Resolution and provide alternative guidance. Attachments: Resolution Exhibit A Engrossed Substitute House Bill 1533 Page 86 of 227 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING AN OPERATING POLICY RELATED TO THE PUBLIC RECORDS ACT AND A NEW EMPLOYEE INFORMATION EXEMPTION. WHEREAS, the Human Resources Department continues to review and, where appropriate, recommend modifications and additions to the City's personnel and operating policies; and WHEREAS, the 2023 Washington State Legislature considered and passed legislation to protect the safety and privacy of employees that are victims of or have dependents that are victims of domestic violence, sexual assault, sexual abuse, stalking, or harassment; and WHEREAS, Engrossed Substitute House Bill 1533, was signed by the Governor and made effective May 15, 2023; and WHEREAS, the legislation authorized public employees to apply for an exemption to the release of their employment information under the Washington Public Records Act, Chapter 42.56 RCW, when a narrow set of circumstances apply; and WHEREAS, the City wishes to implement this legislation through City policy; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The policy related to employee information as exempt from public records requests is hereby adopted in substantially the same form as attached hereto as Exhibit A. The Mayor is directed to incorporate this new policies into the City's existing Policy Manual and take all necessary steps to implement this policy. THAT: In accordance with Resolution 034-10, the Mayor has the authority to amend the personnel policies and procedures, including those adopted by this Resolution, as needed, with notification to the City Council. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 12" day of September 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 87 of 227 Back to Agenda Exhibit A 620 Employee Information Exemption from Public Records Purpose To ensure the safety and privacy of employees that are victims of or have dependents that are victims of domestic violence, sexual assault, sexual abuse, stalking, or harassment. It is the policy of the City of Port Orchard to protect the confidentiality and privacy of those victims and to hold confidential all personally identifying or individual information, communications, observations, and information made by, between, or about victims to the extent permitted under State law. Applicable to All employees or volunteers. References Washington State Engrossed Substitute House Bill 1533 — Effective May 15, 2023 RCW 5.68.010 RCW 7.105.010 RCW 7.125.030 RCW 9A.46.020 RCW 9A.46.110 RCW 10.99.020 RCW 40.24 RCW 42.56.250(1)(i) Definitions Confidential Information. Any written or spoken information shared in confidence, which includes any information that might identify the location or identity of someone who is a victim or has a dependent that is a victim of. domestic violence, dating violence, sexual assault, or stalking. Domestic Violence. The intentional, willful, or reckless action of inflicting physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one intimate partner by another intimate partner; or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one family or household member by another family or household member or by one intimate partner against another intimate partner (RCW 10.99.020(4) & RCW 7.105.010(9)). Employee. Personnel that are appointed or hired for a regular, temporary, extra hire, or project position within the City. Harassment. Intent to harass or intimidate any other person, uses any lewd, lascivious, indecent, or obscene words, images, or language, or suggests the commission of any lewd or lascivious act; is made anonymously or repeatedly; contains a threat to inflict bodily injury immediately or in the future on the person threatened or to any other person; or contains a threat to damage, immediately or in the future, the property of the person threatened or of any other person; without lawful authority, the person Page 88 of 227 Employee information Exemption from Public Records Operating Procedure 610 Page 2 of 4 knowingly threatens to cause bodily injury immediately or in the future to the person threatened or to any other person; or to cause physical damage to the property of a person other than the actor; or to subject the person threatened or any other person to physical confinement or restraint; or maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and the person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. "Words or conduct" includes, in addition to any other form of communication or conduct, the sending of an electronic communication (RCW 9A.46.020 & RCW 7.105.010(36)). Personally Identifying Information. Individually identifying information about an individual and includes information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking. Sexual Abuse. Any form of nonconsensual sexual conduct including, but not limited to, unwanted or inappropriate touching, rape, molestation, indecent liberties, sexual coercion, sexually explicit photographing or recording, voyeurism, indecent exposure, or sexual harassment (RCW 7.105.010(2)(e)). Sexual Assault. Rape or rape of a child; Assault with intent to commit rape or rape of a child; Incest or indecent liberties; Child molestation; Sexual misconduct with a minor; Custodial sexual misconduct; Crimes with a sexual motivation; Sexual exploitation or commercial sex abuse of a minor; Promoting prostitution; or an attempt to commit any of the aforementioned offense (RCW 70.125.030(7)). Stalking. Anyone who intentionally and repeatedly harasses or repeatedly follows another person; The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person (the feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances); and the stalker either intends to frighten, intimidate, or harass the person; or knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person (RCW 9A.46.110 & RCW 7.105.010(34)). Verified Statement. A statement signed under penalty of perjury, in accordance with RCW 42.56.250(1)(i) that identifies the alleged perpetrator(s) by name and, if possible, image or likeness, or from the employee a police report, protection order petition, or other documentation of allegations related to the domestic violence, sexual assault or abuse, stalking, or harassment which has been verified by the City. Responsibilities Employee. It is the responsibility of the employee to provide information to the City in the form of a sworn statement and to disclose documentation to support the sworn statement in order for the City to verify that the exception in RCW 42.56.250(1)(i) applies. Human Resources. It is the responsibility of Human Resources to apply this Policy and to verify the supported documents. Page 89 of 227 Employee information Exemption from Public Records Operating Procedure 610 Page 3 of 4 Statements of Policy and Procedure General. The Washington State legislature passed House Bill 1533 April 19, 2023, and became effective May 15, 2023. HB 1533 adopts a Public Records Act (PRA) exemption protecting an employee's personally identifiable information if they or a dependent are a survivor of domestic violence, sexual assault, stalking or harassment as defined in state law. Verified Sworn Statement. Except as applied to public records requests from the news media or as otherwise required by law, during the time an employee's verified sworn statement is in effect, the City redacts as exempt the employee's personally identifiable information such as job title, address of workstations and locations, work email address, work phone number, or bargaining unit, from disclosures under the PRA. Exemption Basis. There shall two basis for an exemption under RCW 42.56.250(1)(i): (1) being a victim or having a dependent that is a victim of domestic violence, sexual assault, sexual abuse, stalking, or harassment, as defined under the specific criminal procedure statute, Victims of Sexual Assault Act, civil protection order statute, or criminal code; or (2) employees who participated in the Address Confidentiality Program (ACP) as administered by the Washington Secretary of State. Either basis requires the employee to submit a sworn statement with information or evidence to establish eligibility which will be verified by the City. Information Required. For employees who are participants of the ACP as administered by the Washington Secretary of State, the employee shall provide proof of such participation and complete and submit the Application for Exemption form (available from Human Resources). If the employee is not a participant of the ACP, they shall provide a sworn statement (through the use of the Application for Exemption form) verified by the Human Resources Director, or designee, that the employee or their dependent is a survivor of domestic violence, sexual assault, stalking, or harassment as defined in state law. In addition to the sworn statement, the employee is required to provide documentation that identifies the alleged perpetrator by name and, if possible, image or likeness, or by providing a copy of the police report, protection order petition, or other documentation of the allegation. The Application for Exemption expires after two years but may be renewed by providing a new sworn statement or providing proof of enrollment in the ACP. Storage of Verified Statement. The completed Verified Statement form will be saved in the employee's personnel file and will be kept confidential in accordance with State law and may not be disclosed without consent of the employee who submitted the documentation unless otherwise required by law. Any additional supporting documentation as listed in this section will not be kept by city personnel. The Application for Exemption, will be kept in a separate folder that is marked "confidential" and shall be kept and maintained in such a manner as to safeguard its contents. List of Employees Maintained and Updated. The Human Resources Director shall provide lists of employees who are subject to the exemption in RCW 42.56.250(1)(i) to the Public Records Officers. Such list shall include the date upon which such exemption will expire. This list will be updated whenever a new employee is added or removed from the list. The Public Records Officers shall include review of the list anytime a public records request is made that will result in release Page 90 of 227 Employee information Exemption from Public Records Operating Procedure 610 Page 4 of 4 of employee information. The list of employees under this section shall be kept confidential and stored or managed in such a matter as to safeguard its contents. Notice to Police or Other Employees. With the permission of the employee, information about the alleged perpetrator(s) of domestic violence, sexual assault, stalking, or harassment which are described in the verified statement may be provided to police or other employees if such information would be likely to increase safety and security for the employee or other people who may be working or doing business at City facilities. Page 91 of 227 Back to Agenda CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE HOUSE BILL 1533 Chapter 458, Laws of 2023 68th Legislature 2023 Regular Session PERSONAL INFORMATION OF CERTAIN PUBLIC EMPLOYEES —PUBLIC RECORDS ACT EXEMPTION EFFECTIVE DATE: May 15, 2023 Passed by the House April 19, 2023 Yeas 57 Nays 41 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate April 7, 2023 Yeas 48 Nays 0 DENNY HECK President of the Senate Approved May 15, 2023 2:57 PM JAY INSLEE Governor of the State of Washington CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1533 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk FILED May 16, 2023 Secretary of State State of Washington Page 92 of 227 Back to Agenda ENGROSSED SUBSTITUTE HOUSE BILL 1533 AS AMENDED BY THE SENATE Passed Legislature - 2023 Regular Session State of Washington 68th Legislature 2023 Regular Session By House State Government & Tribal Relations (originally sponsored by Representatives Mena, Davis, Reed, Doglio, Fosse, Berg, Taylor, Ryu, Peterson, Berry, Walen, Alvarado, Ramel, Simmons, Griffey, Morgan, Gregerson, Shavers, Ormsby, Pollet, Fey, Kloba, Bateman, and Macri) READ FIRST TIME 02/14/23. 1 AN ACT Relating to exempting the disclosure of certain 2 information of agency employees or their dependents who are survivors 3 of domestic violence, sexual assault, harassment, or stalking; 4 amending RCW 42.56.250; creating a new section; providing an 5 expiration date; and declaring an emergency. 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Sec. 1. RCW 42.56.250 and 2020 c 106 s 1 are each amended to read as follows: The following employment and licensing information is exempt from public inspection and copying under this chapter: ((+I-})) (a) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination; ((+2+)) b) All applications for public employment other than for vacancies in elective office, including the names of applicants, resumes, and other related materials submitted with respect to an applicant; ((+3-})) c) Professional growth plans (PGPs) in educator license renewals submitted through the eCert system in the office of the superintendent of public instruction; Page?f217 ESHB 1533.SL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (({4})) (d) The following information held by any public agency in personnel records, public employment related records, volunteer rosters, or included in any mailing list of employees or volunteers of any public agency: Residential addresses, residential telephone numbers, personal wireless telephone numbers, personal email addresses, social security numbers, driver's license numbers, identicard numbers, payroll deductions including the amount and identification of the deduction, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal email addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency. For purposes of this subsection, "employees" includes independent provider home care workers as defined in RCW 74.39A.240; ((+S+)) (e) Information that identifies a person who, while an agency employee: ((+a})) (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and ((+b})) ii requests his or her identity or any identifying information not be disclosed; ((+6+)) (f) Investigative records compiled by an employing agency in connection with an investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws or an employing agency's internal policies prohibiting discrimination or harassment in employment. Records are exempt in their entirety while the investigation is active and ongoing. After the agency has notified the complaining employee of the outcome of the investigation, the records may be disclosed only if the names of complainants, other accusers, and witnesses are redacted, unless a complainant, other accuser, or witness has consented to the disclosure of his or her name. The employing agency must inform a complainant, other accuser, or witness that his or her name will be redacted from the investigation records unless he or she consents to disclosure; ((+7+)) (q) Criminal history records checks for board staff finalist candidates conducted pursuant to RCW 43.33A.025; (({8+)) (h) Photographs and month and year of birth in the personnel files of employees or volunteers of a public agency, including employees and workers of criminal justice agencies as Page V?f2�7 ESHB 1533.SL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 defined in RCW 10.97.030. The news media, as defined in RCW 5.68.010(5), shall have access to the photographs and full date of birth. For the purposes of this subsection, news media does not include any person or organization of persons in the custody of a criminal justice agency as defined in RCW 10.97.030; ((+9})) (i) (i) Any employee's name or other personally identifying information, including but not limited to birthdate, lob title, addresses of work stations and locations, work email address, work phone number, bargaining unit, or other similar information, maintained by an agency in personnel -related records or systems, or responsive to a request for a list of individuals subject to the commercial purpose prohibition under RCW 42.56.070(8), if the employee has provided: (A) A sworn statement, signed under penalty of perjury and verified by the director of the employing agency or director's designee, that the employee or a dependent of the employee is a survivor of domestic violence as defined in RCW 10.99.020 or 7.105.010, sexual assault as defined in RCW 70.125.030 or sexual abuse as defined in RCW 7.105.010, stalking as described in RCW 9A.46.110 or defined in RCW 7.105.010, or harassment as described in RCW 9A.46.020 or defined in RCW 7.105.010, and notifying the agency as to why the employee has a reasonable basis to believe that the risk of domestic violence, sexual assault, sexual abuse, stalking, or harassment continues to exist. A sworn statement under this subsection expires after two years, but may be subsequently renewed by providina a new sworn statement to the emplovee's emplovina agency; or (B) Provides proof to the employing agency of the employee's participation or the participation of a dependent in the address confidentiality program under chapter 40.24 RCW. (ii) Any documentation maintained by an agency to administer this subsection (1)(i) is exempt from disclosure under this chapter and is confidential and may not be disclosed without consent of the employee who submitted the documentation. Agencies may provide information to their employees on how to submit a request to anonymize their work email address. (iii) For purposes of this subsection (1)(i), "verified" means that the director of the employing agency or director's desicnee confirmed that the sworn statement identifies the alleged perpetrator or perpetrators by name and, if possible, imaae or likeness, or that Page 9f?f2�7 ESHB 1533.SL 1 the director or designee obtained from the employee a police report, 2 protection order petition, or other documentation of allegations 3 related to the domestic violence, sexual assault or abuse, stalking, 4 or harassment. 5 (iv) The exemption in this subsection (1)(i) does not apply to 6 public records requests from the news media as defined in RCW 7 5.68.010(5); 8 (�) The global positioning system data that would indicate the 9 location of the residence of a public employee or volunteer using the 10 global positioning system recording device; 11 (((19))) (k) Until the person reaches eighteen years of age, 12 information, otherwise disclosable under chapter 29A.08 RCW, that 13 relates to a future voter, except for the purpose of processing and 14 delivering ballots; and 15 (((11))) (1) Voluntarily submitted information collected and 16 maintained by a state agency or higher education institution that 17 identifies an individual state employee's personal demographic 18 details. "Personal demographic details" means race or ethnicity, 19 sexual orientation as defined by RCW 49.60.040(((26))) (27), 20 immigration status, national origin, or status as a person with a 21 disability. This exemption does not prevent the release of state 22 employee demographic information in a deidentified or aggregate 23 format. 24 (((12))) 1Z Upon receipt of a request for information located 25 exclusively in an employee's personnel, payroll, supervisor, or 26 training file, the agency must provide notice to the employee, to any 27 union representing the employee, and to the requestor. The notice 28 must state: 29 (a) The date of the request; 30 (b) The nature of the requested record relating to the employee; 31 (c) That the agency will release any information in the record 32 which is not exempt from the disclosure requirements of this chapter 33 at least ten days from the date the notice is made; and 34 (d) That the employee may seek to enjoin release of the records 35 under RCW 42.56.540. 36 NEW SECTION. Sec. 2. (1) By May 1, 2025, the joint legislative 37 audit and review committee must analyze the impacts of section 1 of 38 this act and must submit a report summarizing its analysis to the 39 legislature. In preparing the report, the joint legislative audit and Page 9f?f247 ESHB 1533.SL 1 review committee must consult survivors with direct lived experience 2 of domestic violence, sexual assault or abuse, stalking, or 3 harassment. The report must include, at a minimum: 4 (a) Whether the exemption created in section 1 of this act, and 5 exceptions to the exemption, effectively protects public employees 6 and dependents who are survivors of domestic violence, sexual assault 7 or abuse, stalking, or harassment by protecting their personal 8 information while maintaining public transparency and oversight of 9 governmental operations; and 10 (b) Whether the exemption created in section 1 of this act, and 11 exceptions to the exemption, should be maintained or modified to 12 ensure the protection of public employees and dependents who are 13 survivors of domestic violence, sexual assault or abuse, stalking, or 14 harassment by protecting their personal information while maintaining 15 public transparency and oversight of governmental operations. 16 (2) This section expires June 30, 2025. 17 NEW SECTION. Sec. 3. This act is necessary for the immediate 18 preservation of the public peace, health, or safety, or support of 19 the state government and its existing public institutions, and takes 20 effect immediately. Passed by the House April 19, 2023. Passed by the Senate April 7, 2023. Approved by the Governor May 15, 2023. Filed in Office of Secretary of State May 16, 2023. --- END --- Page Y ?f 2�7 ESHB 1533.SL City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4L Subject: Approval of Amendment No. 3 to Contract No. 094- 21 with West Coast Code Consultants (WC-3) for Building/Fire Code Plan Review Back to Agenda Meeting Date: September 13, 2023 Prepared by: Angela Garcia, DCD Atty Routing No.: 366922-0011 and Inspection Services Atty Review Date: August 2, 2023 Summary: Due to the volume of building and development permits and plans submitted to the City, the City utilizes consulting services to assist staff with plan review and building inspections to ensure that the need is timely met. On September 20, 2021, following City Council approval and authorization, the City executed a Professional Service Agreement with West Coast Code Consultants Inc. (WC-3), a qualified consultant, for Plan Review and Building Inspection Services (Contract C094-21), after selecting West Coast Code Consultants Inc. following the necessary procurement process consistent with state law and the City's Procurement Policies for professional services (solicitation of statements of qualifications and evaluation). The City Council then authorized and the City executed Amendment No. 1 to the Agreement to increase the total compensation limit and extend the term due to an influx of additional work. Amendment No. 1 to C094-21 increased the "not to exceed" total contract amount of $280,000 and extended the term to September 20, 2023. At the time of approval, staff believed that the City would not reach the contract amount prior to the end of the contract date but given permitting volumes, particularly for multi -family development, and the City's targets for time periods in which to turn around building permit applications, the City requires additional services for the City to maintain levels of service. Due to this demand, staff submitted Amendment No. 2 to the City Council to extend the term of the Agreement to September 20, 2024, and to increase the total contract "not to exceed" amount by an additional $140,000 (as the City has been averaging that amount, per year, for these services due to the volume of demand), to a new total of $420,000. Amendment No. 2 was submitted to the City Council on August 8, 2023, and approved by motion the City Council. Due to a miscommunication with the Consultant, staff learned after approval of Amendment No. 2 that the Consultant provided updated rates for 2024 that needed to be incorporated into the contract. Accordingly, staff recommends the Council adopt Amendment No. 3 to the Agreement to utilize the new billing rates set out on new Exhibit B to the Agreement. The "not to exceed" maximum does not increase as a result of this Amendment. Recommendation: Staff recommends that the City Council authorize the Mayor to execute Amendment No. 3 to C094-21. Page 98 of 227 Back to Agenda Consent Agenda 4L Page 2 of 2 Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to execute Amendment Nos. 3 to Contract No. C094-21 with West Coast Code Consultants for building /fire code plan review and inspection services." Fiscal Impact: The City's building permit and plan check fee revenues are greatly above budgeted revenues. It is anticipated that corresponding revenues offset the expenditures for this service. Alternatives: Hire additional staff building inspectors and plan reviewers. Attachments: Amendment No. 3 to Contract No. C094-21 Courtesy copy of Contract No. C094-21 Courtesy copy of Amendment No. 1 to Contract No. C094-21 Courtesy copy of Amendment No. 2 to Contract No. C094-21 Page 99 of 227 Amendment No. 3 to Contract No. C094-21 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST CODE CONSULTANT'S INC. THIS AMENDMENT to Contract No. C094-21 ("Amendment") is made effective as of the date of mutual execution hereof, by and between the City of Port Orchard ("City), a municipal corporation, organized under the laws of the State of Washington, and WEST COAST CODE CONSULTANT'S INC., a corporation organized under the laws of the State of Washington, located and doing business at 19109 361h Ave W, Suite 207, Lynnwood, WA 98036 ("Consultant"). WHEREAS, on September 14, 2021, the City executed a Professional Service Agreement with Consultant, for the provision of Building/Fire Code Plan Review and Building/Fire Code Inspection Services ("Underlying Agreement"); and WHEREAS, Consultant was selected for these services following a procurement process utilizing the consultant roster hosted by MRSC to select a consultant for personal services, under a main category of Building Department Services and a subcategory of Building Inspection Services; and WHEREAS, by Amendment No. 1 to the Underlying Agreement in August 2022, the City and Consultant extended the term of the Underlying Agreement to September 20, 2023, and increased the total contract capacity to $280,000; and WHEREAS, due to an increased need for the services provided by the Consultant the City desires to increase the contract authority provide in Contract C094-21, to ensure that these services may continue for the remaining term of the Underlying Agreement and are not disrupted; and WHEREAS, by Amendment No. 2 to the Underlying Agreement, the parties extended the term of the Underlying Agreement to September 20, 2024, and increased the total contract capacity to $420,000; and WHEREAS, Consultant has requested an additional amendment to provide updated billing rates for the remainder of the term of the Agreement, as amended; and WHEREAS, the Consultant and the City have conferred and have agreed to the new billing rates for the remainder of the term of the Agreement; and WHEREAS, the parties wish to memorialize their agreement to so amend the Underlying Agreement; NOW, THEREFORE, In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 10734709.1- 366922 - 0001 Page 100 of 227 1. Exhibit B of the Underlying Agreement (C094-21) is replaced by Exhibit B hereto and incorporated herein by this reference. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on dates set forth below. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON Signature Robert Putaansuu, Mayor Date: Printed Name and Title Date: ATTEST/AUTHENTICATED: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney 10734709.1- 366922 - 0001 Page 101 of 227 Back to Agenda 19109 361h Ave W, Suite 207 Lynnwood WA 98036 OFFICE: (425) 582-1719 EXHIBIT B COMPENSATION & RATES Our standard fees are a percentage of the City's plan review fees. Plan review includes the initial and second review. Inspection services requiring deployment from the Lynnwood WA office use hourly rates; applying to travel from Lynnwood to the City of Port Orchard and from Port Orchard to Lynnwood. Services not listed below may be negotiated: TABLE OF BILLING RATES BUILDING SERVICES FIXED FEE AMOUNT Complete Building Plan Review 65% of Plan Review Fees 3rd & Subsequent Plan Reviews with City Approval $125 / Hour Revisions / Deferred Submittals $125 / Hour Expedited Plan Review 150% of Regular Plan Review Fees POSITION I IF HOURLY RATE Building Official $130 / Hour Engineer, Professional or Structural $130 - $140 / Hour DOE Plan Reviewer $125 / Hour Fire Plan Reviewer / Inspector $125 / Hour Building Inspector $105 - $120/ Hour DOE Permit Technician $90 / Hour Education/Instructor $130 / Hour, $1,200 per day Miscellaneous: *Reimbursable expenses may include printing costs. Travel charges such as, ferry, parking & toll charges. Actual cost without mark-up, portal to portal. *Reimbursement for mileage are for the use ofpersonal automobiles within the Jurisdiction's limits; typically by Field Inspectors. Calculated at the current IRS rate. *.$85 Trip Fee to offset the milage cost of deploying inspection staff to the City. Used for deployment of WC' staff based in the Lynnwood office and the City. *Eight (8) hour minimum is required for all requested inspections. *All rates require a minimum charge of I hour. *Education: Requires I hour ofprep time for every 3 hours teaching time with a minimum charge of I hour. *All fees and rates are subject to annual review, periodic increases, and acceptance by the City. Page 102 of 227 Page 1 of 1 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 14th day of September , 2021, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and, WEST COAST CODE CONSULTANTS, INC. a corporation, organized under the laws of the State of Washington, doing business at: 19109 36th Ave W, Suite 207 Lynnwood, WA 98036 Contact: Martha (Marty) Gillis (hereinafter the "CONSULTANT") Phone: 425.582.1719, Cell: 425-773-0448 for professional services in connection with the following Project: Building/Fire Code Plan Review and Building/Fire Code Inspection Services TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A" The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 094-21 1 of 10 Page 103 of 227 3. Terms. This Agreement shall commence on 9-20-2021 ("Commencement Date") and shall terminate 9-20-2022 unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. 11 Compensation. LUMP SUM. Compensation for these services shall be a Lump Sum of $ x TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $ 140,000.00 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto fixed rates and hourly fees as specified in Exhibit B. ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit " " ❑ OTHER. 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 094-21 2of10 Page 104 of 227 B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. l . With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon City of Port Orchard and West Coast Code Consultants Inc. Professional Service Agreement Contract No. 3of10 Page 105 of 227 termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 094-21 4of10 Page 106 of 227 the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 094-21 5of10 Page 107 of 227 Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 094-21 6of10 Page 108 of 227 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 West Coast Code Consultants, Inc. Martha (Marty) Gillis NW Regional Manager 19109 36th Ave W, Suite 207 Lynnwood, WA 98036 Phone: 425-582-1719 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing parry shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 094-21 7of10 Page 109 of 227 the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 094-21 8of10 Page 110 of 227 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON By: Robert Putaansuu, Mayor ATTES IA ENT[C TE: By: .iJ YLja�40y�- _ Brandy Rinearson, MMC City Clerk APPROVED AS TO FORM: By: Charlotte A, ANier, City Attorney i 0RPog4 �x 171;)l�A ttrjjj 5111%0" City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 094-21 WEST COAST CODE CONSULTANTS, INC. By. � K Name: Martha (Marty) Gillis Title: NW Regional Manager 9of10 Page 111 of 227 APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 094-21 10 of 10 Page 112 of 227 19109 36`h Ave W, Suite 207 Lynnwood WA 98036 OFFICE: (42S) S82-1719 EXHIBIT A SCOPE OF SERVICES When requested by the Jurisdiction, the Consultant will provide services in accordance with the terms and conditions of this agreement. BUILDING OFFICIAL SERVICES At the request of the Jurisdiction's Building Official, services may be provided for code interpretation and administrative needs such as ordinance review and update, staffing needs and department budget development and review. IUlf l0l061Quff.110Y0407Wra0 The Consultant's staff is available to attend Jurisdiction requested meetings such as pre -application, pre - construction or cooperative review meetings. PLAN REVIEW The Jurisdiction will determine which plans and building permit applications will be reviewed by the Consultant. The Jurisdiction will intake, track, and process the permit applications and all revisions per current building permit administration procedures. The Consultant will review such plans submitted with building permit applications for structural and nonstructural code compliance in accordance with the currently adopted construction codes as adopted and amended by the state of Washington and the Jurisdiction, except that the Consultant will confer with the Jurisdiction's Building Official and his/her agent on any portion of the review that specifically requires the approval of the Building Official as specified in the code(s). The Consultant will not design for the applicant, make any structural changes on the plans, or make any changes that directly contradict other information on the plans. Significant changes must be made by or under the direction of the applicant or design professional. When the plans and applications are consistent with the Jurisdiction's codes, the Consultant will indicate that the drawings have been reviewed and found to be in substantial compliance with applicable construction codes and ordinances. The reviewer's name and date of compliance will be affixed to each sheet in up to three sets of drawings including the cover sheet. Full Plan Review: Upon request by the Jurisdiction, the Consultant shall review all project documents which consist of plans, specifications and engineering. The Consultant will approve and return the plans to the Jurisdiction for additional permit processing; or a plan review correction letter will be drafted identifying corrections or requesting additional information and routed to the Jurisdiction. The Consultant will approve and return the plans to the Jurisdiction for additional permit processing; or a plan review correction letter will be drafted identifying corrections or requesting additional information and routed to the Jurisdiction. Review may include: • Structural Review • Fire Code Review • Architectural Review • Fire Sprinkler Review • Energy Review • Fire Alarm Review • Barrier Free Accessibility Review • Mechanical Review Page 113 of 227 Page 1 of 6 19109 36`h Ave W, Suite 207 Lynnwood WA 98036 OFFICE: (42S) S82-1719 • Plumbing Review • Civil/Site Plan Review Deferred Review & Review After Permit Issuance: Upon request by the Jurisdiction, the Consultant shall review deferred submittal designs, approve and return plans to the Jurisdiction for additional permit processing; or a plan review correction letter will be drafted identifying corrections or requesting additional information. Review of deferred submittal items or revision to permits after approval or permit issuance are provided at an hourly rate included in Exhibit B. Additional Reviews: The Consultant shall perform additional reviews beyond (1) recheck when authorized by the Jurisdiction, at an hourly rate as described in Exhibit B. Turn -around Time: Plans will be reviewed using the Washington State Building and Energy Code as adopted by the Jurisdiction and will be processed using the Timeline Schedule for Plan Review listed below. Timeline commences upon delivery of a complete permit application and plans; and ends upon the delivery of a correction letter or return of the approved permit application and plans. The Jurisdiction's Building Official has sole authority to interpret and reject plans. • The review time may be negotiated based on the number and complexity of projects to be reviewed. The Consultant will not be held responsible for delays beyond the Consultant's control. During heavy workloads or schedule delays, the Consultant shall notify the Jurisdiction of revisions to estimated target dates. Timeline Schedule for Plan Review Project Type Initial Review (Business Days) Recheck (Business Days) Residential Projects (New Construction, Additions & Remodels) 10 5 New Multi -Family Projects 15 10 Commercial Projects 10-20 7-10 Commercial Additions, Tenant Improvements 10 5-7 *All turnaround times have been specified from the full day they are received in our offices. BUILDING INSPECTION Depending on staff availability the Consultant will provide a certified building inspector or equal to perform the following services on an as -needed, on -call basis: • Upon authorization by the Jurisdiction, the inspector will perform building inspection work for the Jurisdiction. Generally advance notice of inspection requests are recommended and desired to assure confirmation of staffing needed to provide inspection services. This is generally possible for scheduled vacations, training events, and other known scheduling needs such as heavy workflow. In the case of heavy work flow a jurisdiction provides notice that a set schedule, is requested (IE Tuesday Thursday for the next 4 months starting March 1, etc.) while this method is desirable to assure adequate staffing, unscheduled inspection requests may be made. Consultant respectfully requests as much advance notice as possible and will work diligently to provide inspection staff meeting your needs. Page 114 of 227 Page 2 of 6 19109 36`h Ave W, Suite 207 Lynnwood WA 98036 OFFICE: (42S) S82-1719 • At the request by the Jurisdiction, the inspector shall be asked to perform one or more of the following inspection tasks: • non-structural fire and life safety inspections • structural inspections • energy code inspections • barrier free inspections • mechanical & plumbing inspections • building code compliance, compliance inspections The inspector will provide building inspections in accordance with the currently adopted International Codes, Washington State Building Code (WAC 51-50 etc.), and Energy Code (WAC 51-11), and the applicable City Building Codes. The inspector will confer with the Jurisdiction's Building Official or his/her agent on any portion of the review that specifically requires an approval of the Building Official under the applicable Code(s), or that involves an unusual interpretation. • Inspections will be done in accordance with all codes, ordinances and regulations in effect and will be performed in a courteous and professional manner. Up-to-date records of inspection status will be maintained on the job card in the field and on the office copy of the permit. • The Jurisdiction shall guarantee a minimum of 8 hours of inspection each work day that inspection services are provided, unless otherwise mutually agreed. • All inspections and re -inspections will be performed for compliance with the Washington Codes and all applicable State, Federal and local laws and City amendments under the direction of City staff using City procedures and methods. Consultant inspectors will confer with the Building Official and/or designated staff member on all discretionary decisions or requests for alternate materials or types of construction. Vehicles, Office Equipment: Consultant inspectors will provide services as if they were regular members of the Jurisdiction inspection staff. Vehicles: Jurisdiction vehicles will not be used to perform Jurisdiction inspections unless specifically permitted and directed. If Jurisdiction vehicles are used, reimbursement charges for milage will not apply. Reimbursement charges will apply for use of private vehicles for inspection services. Office Equipment, Computers etc.: Consultant inspectors may (at the Jurisdiction's discretion) be assigned Jurisdiction office equipment such as computers, tablets, phones, iPads or printers and may have access to these tools while on -call. Consultant inspection staff will abide by the Jurisdiction policies and procedures regarding the use of all assigned equipment. ADDITIONAL SERVICES: Additional services may be provided as needed and as mutually agreed upon. Note that Consultant may be able to provide services which are not specifically listed below. Page 115 of 227 Page 3 of 6 19109 36`h Ave W, Suite 207 Lynnwood WA 98036 OFFICE: (42S) S82-1719 Permit Technician: The following services are available at the request of the Jurisdiction depending on Consultant staff availability. • Permit Technician Code Training and Coaching: Upon request by the Jurisdiction, the Consultant shall assist staff with knowledge and resources to enhance their skill level and efficiency. The Consultant will also help with a coaching plan to assist obtaining ICC certification. • Full day seminar style training sessions • One on one sessions with staff Page 116 of 227 Page 4 of 6 19109 36`h Ave W, Suite 207 Lynnwood WA 98036 OFFICE: (425) 582-1719 EXHIBIT B COMPENSATION & RATES Our standard fees are a percentage of the City's plan review fees. Plan review includes the initial and second review. Inspection services requiring deployment from the Lynnwood WA office use hourly rates; applying to travel from Lynnwood to the City of Port Orchard and from Port Orchard to Lynnwood. Services not listed below may be negotiated: TABLE OF BILLING RATES BUILDING SERVICES FIXED FEE AMOUNT Complete Building Plan Review 65% of Plan Review Fees 3rd & Subsequent Plan Reviews with City Approval $110 / Hour Revisions / Deferred Submittals $110 / Hour Expedited Plan Review 150% of Regular Plan Review Fees POSITION J I HOURLY RATE Building Official $120 / Hour Engineer, Professional or Structural $110.00 - $130 / Hour DOE Plan Reviewer $110 / Hour Fire Plan Reviewer / Inspector $110 / Hour Building Inspector $95 - $110/ Hour DOE Permit Technician $85 / Hour Education/Instructor $105 / Hour, $1,200 per day Miscellaneous: *Reimbursable expenses may include printing costs. Travel charges such as, ferry, parking & toll charges. Actual cost without mark-up, portal to portal. *Reimbursement for mileage are for the use ofpersonal automobiles within the Jurisdiction's limits; typically by Field Inspectors. Calculated at the current IRS rate. *$85 Trip Fee to offset the milage cost of deploying inspection staff to the City. Used for deployment of WC` staff based in the Lynnwood office and the City. *Eight (8) hour minimum is required for all requested inspections. *All rates require a minimum charge of I hour. *Education: Requires I hour ofprep time for every 3 hours teaching time with a minimum charge of 1 hour. *All fees and rates are subject to annual review, periodic increases, and acceptance by the City. Page 117 of 227 Page 5 of 6 19109 36`h Ave W, Suite 207 Lynnwood WA 98036 OFFICE: (42S) S82-1719 Invoicing • Invoices shall be generated upon completion of 1st review, subsequent review, and at final approval with all supporting documents required by the Jurisdiction and the Consultant. The Consultant services shall be invoiced for services provided and are not dependent on achieving sufficient resolution needed to approve permit issuance. • Invoices shall be submitted electronically to the Jurisdiction by the loth day of each month. • The Jurisdiction shall notify the Consultant of any discrepancy, and the Consultant shall correct accordingly. • Invoices shall be paid within a maximum of 30 days of receipt, unless mutually agreed by the Jurisdiction and Consultant. Page 118 of 227 Page 6 of 6 DocuSign Envelope ID: 540F523C-E173-4259-A867-0939511AF8BF Amendment No. 1 to Contract No. C094-21 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST CODE CONSULTANT'S INC. THIS AMENDMENT to Contract No. C094-21 ("Amendment") is made effective as of the date of mutual execution hereof, by and between the City of Port Orchard ("City), a municipal corporation, organized under the laws of the State of Washington, and WEST COAST CODE CONSULTANT'S INC., a corporation organized under the laws of the State of Washington, located and doing business at 19109 361h Ave W, Suite 207, Lynnwood, WA 98036 ("Consultant"). WHEREAS, on September 14, 2021, the City executed a Professional Service Agreement with Consultant, for the provision of Building/Fire Code Plan Review and Building/Fire Code Inspection Services ("Underlying Agreement"); and WHEREAS, Consultant was selected for these services following a procurement process utilizing the consultant roster hosted by MRSC to select a consultant for personal services, under a main category of Building Department Services and a subcategory of Building Inspection Services; and WHEREAS, due to an increased need for the services provided by the Consultant the City desires to increase the contract authority provide in Contract C094-21, to ensure that these services may continue for the remaining term of the Underlying Agreement and are not disrupted; and WHEREAS, the Consultant and the City have conferred and have agreed to increase the total compensation limit and an extension of the term; and WHEREAS, the parties wish to memorialize their agreement to so amend the Underlying Agreement; NOW, THEREFORE, In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. Section 3 of the Underlying Agreement (C094-21) between the parties is amended to state the Underlying Agreement shall terminate on 9-20-2023 unless extended or terminated in writing as provided herein. The City reserves the right to offer one (1) one-year extension prior to contract expiration to retain the selected company's services. 2. Section 4 of the Underlying Agreement (C094-21) between the parties is amended to increase the total not to exceed amount for the life of the Agreement from $140,000 to $280,000, inclusive of all amounts paid prior to the execution of this Amendment. 3. In all other respects, the Underlying Agreement between the parties shall remain in full force Page 119 of 227 DocuSign Envelope ID: 540F523C-E173-4259-A867-0939511AF8131F Back to Agenda and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON DocuSigned by: P4MAMW�, Signature R o VeR W Taansuu, Mayor Martha (Marty) J. Gillis, NW Regional Manager ATTEST/AUTHENTICATED: Ff DocuSigned by: V'AJAJe UJAW( IT -ra7rzliWalil7ace, MMC, City Clerk APPROVED AS TO FORM: DocuSigned by: Charlotte A. Archer, City Attorney QQRT ORC rCr•2 ' SEAL '. LP Printed Name and Title Page 120 of 227 Amendment No. 2 to Contract No. C094-21 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST CODE CONSULTANT'S INC. THIS SECOND AMENDMENT to Contract No. C094-21 ("Amendment") is made effective on August 9, 2023, by and between the City of Port Orchard ("City), a municipal corporation, organized under the laws of the State of Washington, and WEST COAST CODE CONSULTANTS INC., a corporation organized under the laws of the State of Washington, located and doing business at 19109 361h Ave W, Suite 207, Lynnwood, WA 98036 ("Consultant"). WHEREAS, on September 14, 2021, the City executed a Professional Service Agreement with Consultant, for the provision of Building/Fire Code Plan Review and Building/Fire Code Inspection Services ("Underlying Agreement"); and WHEREAS, Consultant was selected for these services following a procurement process utilizing the consultant roster hosted by MRSC to select a consultant for personal services, under a main category of Building Department Services and a subcategory of Building Inspection Services; and WHEREAS, due to an increased need for the services provided by the Consultant, the City authorized Amendment No. 1 to the Underlying Agreement to extend the term of the Underlying Agreement to September 20, 2023, with an option to extend for an additional one-year term, and to increase the "not to exceed" amount for the Underlying Agreement by $140,000 to $280,000, inclusive of all amounts paid prior to the execution of Amendment No. 1; and WHEREAS, the City continues to see an unanticipated influx of development activity and associated permitting that necessitates the use of Consultant's services to maintain levels of service, and desires to extend the term of the Underlying Agreement and increase the contract authority provide in Contract C094-21, to ensure that these services may continue; and WHEREAS, the parties wish to memorialize their agreement to so amend the Underlying Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. Section 3 of the Underlying Agreement (C094-21) between the parties is amended to state the Underlying Agreement shall terminate on 9-20-2024 unless extended or terminated in writing as provided herein. 2. Section 4 of the Underlying Agreement (C094-21) between the parties is amended to increase the total not to exceed amount for the life of the Agreement from $280,000 to $420,000, inclusive of all amounts paid prior to the execution of this Amendment. Page 121 of 227 3. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Signature Printed Name and Title Page 122 of 227 Back to Agenda KITSAP(ALLIANCE ECONOMIC DEVELOPMENT OHEkitsap 5 Year Sirat is Ran eg Economic Impact Analysis Returns on Investment 2024 - 2028 June 5, 2023 Prepared by: National nity Commu development Services Economic Strategy Center The research and analysis division of NCDS Inc. 12460 Crabapple Rd., Suite 202-638, Alpharetta, GA 30004 517 449.0900 * www.ncdsinc.net Page 1 Page 123 of 227 Back to Agenda Contents Introduction........................................................................................... 3 ExecutiveSummary.............................................................................. 4 Economic Impact Analysis................................................................. 5 A. Kitsap County and the Metropolitan Area ................................... 5 B. The Input/Output Model............................................................. 7 C. Planning for Success.................................................................... 9 D. Economic Impact of Jobs............................................................. 10 E. Spending & Saving From Jobs ...................................................... 12 F. Output by Sector........................................................................... 13 G. Tax Impacts................................................................................... 14 Returns on Investment............................................................................... 16 Appendix I Target Industries & Job Goals ......................................... 19 Appendix II Major Employers & Industry ........................................... 21 Appendix III Spending Patterns by Category ........................................ 23 Appendix IV Output by Sector.............................................................. 25 Appendix V NCDS and the Economic Strategy Center ....................... 31 Notice: IMPLAN® and Other 2021 Data 2021 data from IMPLAN® is now available and used in this analysis. It is the latest data available because data collecting agencies, like the US Census, publish data that lag the calendar by one year. C011ID-19 affected 202o and 2021 data, and while many, including NCDS, used 2019 data instead of 2020, the new 2021 data should be used because it captures trade flows for a "new normal' economy, and includes other important: updates, estimates, and adjustments. During 2020 COVID-19 changed: income data, commuting patterns, rents, travel, entertainment, personal services and more. While some spending fell home building, groceries and non -store retail spending went up. International trade in exports and imports fell and the savings rate went way up. Now, many of these changes have reversed, but some are being accepted as a "new normal'. Non -store retailing is a great example of big increases due to C0117D-19 that appear to be continuing as a "new normal'. Page 2 Page 124 of 227 Introduction This analysis computes the impacts of the Kitsap Economic Development Alliance's new One Kitsap strategic plan to create and retain 2,500 jobs during the next 5 years. One Kitsap is a public/private partnership that will take on a number of economic and community development initiatives from 2024 through 2028. The plan includes marketing and recruiting, directed at 5 target industries that can benefit from Kitsap County's advantages for companies in these industries. Economic impacts were computed by an Input/Output, I/O model created for Kitsap County. The model is based on data from IMPLAN®, the most widely used system in the USA to compute impacts. The model is based on 2021 data (see notice on "Contents" page). IMPLAN® data has 546 possible sectors. The model created for Kitsap County has 279 sectors. After entering jobs by sector as inputs, 262 sectors were impacted. Data in this analysis was updated to latest available. Economic impacts include "direct, indirect, and induced" impacts. The "direct" impact is the jobs created or retained. "Indirect" impacts come from the purchase of goods and services, business -to - business. As all those impacted from new and retained jobs spend their earnings, there are more "induced" impacts. Economic impacts are measured by: jobs, income, value added, and output (total business activity). Impacts also include spending, savings, taxes, and return on investment for both public and private investors. Table i summarizes projected total economic impacts in 2023 dollars from One Kitsap projects that will create and retain jobs. Table is One Kitsap Total Economic Impact Impactp. Jobs 3,974 Income $303,259,041 Value Added $468,172,964 Output $838,110,242 Disposable Income $258,679,962 Consumer Spending $249,1o8,803 Savings Deposit Potential $9,571,159 Kitsap County Tax Revenue $3,419,481 Kitsap County - Municipalities Tax Revenue $2,225,152 Kitsap County - Special Taxing Districts Tax Revenue $5,812,156 State of Washington Tax Revenue $17,196,057 Kitsap County Return on Investment ROI $6.o1 : $1.o0 Kitsap County Municipalities ROI $2.11: $1.00 Private Sector ROI $40.07 : $1.00 Source: NCDS, Economic Strategy Center I/O model for Kitsap County, Washington. Page 3 Page 125 of 227 Executive Summary • Returns on investments in One Kitsap will be very positive. In 2023 dollars, 5 years of steady growth in jobs will return $40.07 to the business community in average corporate profits for every $1.0o invested. For every $1.0o invested by Kitsap County, $6.01 will be returned in the form of new tax revenue, and Kitsap County municipalities will receive $2.11 for every $1.0o invested. • In 2023 dollars, Kitsap County will receive $3,419,481 in taxes, while its' municipalities will receive $2,225,152. Special tax districts will receive $5,812,156. While Kitsap County and its' taxing units will receive a total of $11,456,789 in taxes, the federal government will receive the most, with $61,151,207 in taxes primarily from social security and income taxes. Kitsap County plays a significant role in the "South Sound" economy which is part of the Seattle - Tacoma -Bremerton Combined Statistical Area. Kitsap and the three adjacent counties of Pierce, Thurston and Mason define the "South Sound economy. Kitsap has 17.7% of the South Sound population and 14,7% of this region's employment. While direct impacts from jobs and spending will occur in Kitsap County, these direct impacts will create indirect and induced impacts in Pierce, Thurston, and Mason counties. The South Sound area is unique when considering impacts because ferry service to King, Snohomish and Island Counties, allows some small amounts of indirect and induced impacts to occur in these "non -adjacent" counties. • The ripple effect of new jobs is computed based on multipliers. These multipliers show the impact of sales, income, spending and saving, which in turn increase the employment and earnings of other business sectors. The goal of 2,50o direct jobs will create income of $223.0 million, value added of $326.7 million and new output of $589.0 million. These are the initial and "direct" impacts. Then as indirect impacts accumulate through business -to -business purchasing, and all those affected spend new income (induced impacts), the initial impacts will multiply to create 3,974 jobs, a multiplier of 1.59 and $303.3 million of income, a multiplier of 1.36. Value added will multiply by 1.43 to total $468.2 million, and output (total business) by 1.42 to total $838.1 million. • Total income of $303,259,041 from jobs will create disposable income, spending and savings. In 2023 dollars, total income after taxes will create disposable income of $258,679,962. Disposable income will create $249,108,803 in consumer spending and $9,571,159 in savings deposit potential. • The projected impact of jobs will increase consumer expenditures in the Kitsap County area, a benefit to all businesses. Housing with $87.7 million in spending leads the list of 10 major spending categories, followed by transportation and food. Personal insurance and pensions, health care, entertainment, and cash contributions are in the middle. Apparel and services, education and personal care complete the list of spending categories. • One Kitsap projects will create $838,110,242 in total output, which is "business activity". Real estate, with $23.1 million in new output leads the list of the "Top 10" sectors with new output, followed by owner -occupied housing, with $22.8 million in new output. Employment services, banks and credit unions, and the Kitsap Public Utility District (drinking water, wastewater, and fiber internet) round out the top 5. Full -service restaurants rank 6tn in total output, followed by limited -service restaurants (fast food), accounting services, and architectural and engineering services. Hospitals round out the "Top 10". See Appendix IV for a complete list. Page 4 Page 126 of 227 Economic Impact Analysis A. Kitsap County and the Metropolitan Area The Kitsap Economic Development Alliance is launching "One Kitsap", a five-year strategic economic development initiative. It is a public/private partnership that includes private employers, the federal employer (Navy), the county and its' municipalities, neighboring counties, Tribal Nations, Olympic College campuses, university partners, the K-12 system, Port of Bremerton, industrial parks, developers, builders, Chambers of Commerce, and Community nonprofits. This Economic Impact Analysis computes the projected impacts of One Kitsap. Kitsap County KITSAP COUNTY MAP e x WA5IUNGTON, USA �oo l�Po�a. t .. - r �JJ ■ w � i smu I 4oV kfaatiN, } � T aer�e.. venal �°F xwuel eme partOAurd �a� mnan i Wmv.as wmrsuwe ¢.. wa.e u"' A werca l aveo ie mw•�emm Kitsap Countv is connected to the eastern shore Kitsap County has a population of 277,673 as of 2022. Its' county seat is Port Orchard, and its' largest city is Bremerton. Kitsap residents and visitors enjoy 234 miles of scenic saltwater coastline, a diverse set of communities, access to transportation, and a county -wide, high-speed fiber optic network. The United States Navy is by far the largest employer in the county with 36,978 civilian, active duty and contract employees. Installations are Puget Sound Naval Shipyard, Naval Undersea Warfare Center Keyport, and Naval Base Kitsap (below). of Puget Sound by Washington State Ferry routes and Kitsap Transit. Kitsap Fast Ferries is a passenger ferry service operating between Seattle and Kitsap County, funded and operated by Kitsap Transit. Employment increases in Kitsap County are the direct impacts that generate additional indirect (business to business) and induced employment, income and business activity. A central question is, where will these impacts occur? Neighboring counties will receive some indirect and induced impacts, and demographics are good indicators of how impacts will be distributed. Page 5 Page 127 of 227 Seattle and King County is the population and commercial center of the 3-county Seattle - Tacoma -Bellevue MSA which, in addition to King County, includes the adjacent counties of Snohomish and Pierce. This MSA is part of a larger CMSA (see map). Kitsap County plays a significant role in the "South Sound" economy. Based on commuting patterns, the metropolitan areas of Olympia, Bremerton and Mount Vernon, along with a few smaller urban areas are grouped together in a wider labor market region known as the Seattle - Tacoma -Bremerton Combined Statistical Area, which adds the Counties of: Pierce, Thurston, Mason, Kitsap and Skagit (see map). SKAGIT SNOHOh,I€SH 'ITSI,P KING MASON PIERCE T-URSTON Kitsap and the three adjacent counties of Pierce, Seattle - Tacoma - Bremerton CMSA Thurston and Mason define the "South Sound economy (see Table 2). Table 2: South Sound Area Counties Population & Employment County Estimates 7.JUly �, Population �. of 1, 2022 2020 Employment V Kitsap 277,673 17.7% 63,101 14.7% Mason 68,166 4.3% 9,589 2.2% Pierce 927,380 59.0% 279,552 65.2% Thurston 298,758 19.0% 76,890 17.9% Total 1,571,977 100.0 % 429,132 100.0 Source: U.S. Census. Employment in 202o does not include proprietors and partners of unincorporated businesses. Concentrations of employment define commercial centers where there is relatively more consumer spending. Pierce County, including Tacoma, is the employment center of the South Sound with 59.0% of the population, and has an even greater share of employment which is 65.2% of the total. But, Kitsap has 17.7% of the South Sound population and 14,7% of this region's employment. While direct impacts from jobs and spending will occur in Kitsap County, these direct impacts will create indirect and induced impacts in Pierce, Thurston, and Mason counties. The South Sound area is unique when considering impacts because ferry service to King, Snohomish and Island Counties, allows for some indirect and induced impacts to occur in these "non -adjacent" counties. Page 6 Page 128 of 227 Back to Agenda Within Kitsap County, indirect and induced impacts will tend to be clustered in the County's four cities: Bainbridge Island, Bremerton, Port Orchard, and POu1Sbo. Table 3 shows now these four cities rank by Kitsap Count; population and retail sales. Industrial parks The City of Bremerton is a major commercial center that ranks ist in both population and retail sales among the four cities. Bainbridge Island ranks 2na in Population but 4m in retail sales, so this City is more residential than commercial. The City of Port Orchard, the County Seat, ranks 2na in retail sales, but 3rd in population, so this city is relatively more commercial than residential. Finally, the City of Poulsbo also has relatively more commercial activity and ranks 3rd in retail sales. Poulsbo ranks 4th in population. Other significant municipalities that are not cities include: Gorst, Kingston, Seabeck, Southworth, and Silverdale. These municipalities and the four cities are shown on the map to the right. While indirect and induced impacts tend to occur in commercial areas, direct impacts from jobs are more likely to occur in one of the County's ten industrial parks. These industrial parks are also shown on the map to the right. PIy�Fs 1'Iw•YItl�Mil Party] � L Yurt Vrulrarc .+.pot ;ula Nano^ t art or�i.rc inl�..:a111-. r e� nese wt:+norwcl.e Jv o r�J paa ��. crm.=�rrnx 10 fpwnman FyyrrlY Table 3: Kitsap County Cities Population & Employment „ r.3nR +.aae E y�i f c � tlil.11� ............J. .n., Population City Estimates Rank by Retail Sales Rank by July 1, 2021 Populatio 2017 ($1,000) Retail Sales Bainbridge Islan. .. Port • • • •. Source: U.S. Census. B. The Input/Output Model This analysis quantifies the projected economic impacts of One Kitsap. Work by the Kitsap Economic Development Alliance helps companies create and retain jobs. Employment increases in certain sectors are the direct impacts (inputs) that generate additional indirect and induced employment, income and output (business activity) in many other sectors. Page 7 Page 129 of 227 An Input/Output model was created for Kitsap County that computes sector -to -sector trade flows. Socio-economic data was assembled to create the "Kitsap County Input/Output Model", in other words, the "Input/Output" or I/O model summarized in Table 4. The model in Table 4 is based on 2021 data for IMPLAN® released in December 2022. IMPLAN® is the most widely used system to compute impacts. IMPLAN® is the most popular system to compute impacts because it has major advantages over the other two economic impact models, RIMS II and REMI. Compared to IMPLAN®, REMI is expensive and too complex for many applications, because it adds econometric modeling techniques and forecasting to basic Input/Output models. RIMS II compared to IMPLAN®, also has several disadvantages. RIMS II does not show a breakdown of impacts by industry, and it does not include information needed to estimate tax impacts on counties, municipalities, special tax districts, or state and federal government. In addition, RIMS II does not allow for multi -regional modeling. This analysis incorporates revisions of IMPLAN® to increase industry details and incorporate newly released data. It also incorporates revisions to the National Income and Product Accounts, and new data from the Census Bureau. The IMPLAN® system has 546 sectors. Table 4: Kitsap County Input/Output Model - Data Summary - $14,181,827,964 $20,931,424465 Source: NCDS, Economic Strategy Center. MIG, Inc., IMPLAN®. Note: 1) Data released December 2022 for model year 2021. 2) Gross domestic product is the market value of the goods and services produced by labor and property located in the county. 3) Output measures the value of all sales of goods and services, therefore it is the sum of final purchases and intermediate inputs, which results in the double counting of intermediate purchases. Output is the only way to measure impacts on all businesses, including suppliers to "original equipment makers" OEMs. Output is always larger than gross regional product. 4) There are two reasons why IMPLAN® employment numbers are much higher than Census numbers (see Table 4): First, IMPLAN® employment numbers represent both wage and salary employees, and proprietors. Second, IMPLAN® employment is an annual roll -up of full-time, part-time, and temporary employees. 5) Kitsap County has a population of 277,673 as of 2022. Page 8 Page 130 of 227 Employment increases in certain sectors are the direct impacts (inputs) that generate additional indirect and induced employment, income and business activity in many other sectors. Economic impacts are measured by: jobs, income, value added, and output. Income includes both wage and salary income from direct and indirect jobs, and proprietor income to those owners and self- employed persons affected by indirect and induced spending. Value added includes labor income and indirect business taxes, like sales taxes. Value added also includes other income, such as rent. Output* is the total of value added (e.g., labor) and the value of all goods used in production. *Output measures the value of all sales of goods and services at every level. Therefore it is the sum of final purchases and intermediate inputs. This results in the double counting of intermediate purchases, e.g. suppliers for "original equipment makers" OEMs, which is correct when describing every business transaction, but it is different than "Gross Regional Product". Gross Regional Product is the final market value of the goods and services produced by labor and property, without the intermediate sales. Output is always more than gross regional product (see Table 4). Impacts also include spending and savings from disposable income, and new federal, state and local taxes. The model computed total new output for 262 of 219 sectors in the model. Sectors in the model are defined by groups of NAICS codes, the North American Industry Classification System. The I/O model contains all the linkages (trade flows) in the economy. C. Planning for Success The Kitsap Economic Development Alliance is planning to help companies create and retain 2,500 jobs, and will concentrate marketing and recruiting on 5 "Target Industries" shown in Table 5. Marine/Boat 1 Building 2 Defense Light 3 Manufacturing 4 Technology Construction/ 5 Project Management Table 5: One Kitsap Industries & Jobs Goals Boat building and repair 440 15 Search, detection, navigation instruments, aircraft, parts and equipment, and transportation equipment 560 25% Machine shops, metal coating, electronics 440 15 Data processing, hosting, computer programing, scientific R&D 620 30% Management and technical consulting, managing companies, facilities management 440 15 Total 1 2,500 1 100% Source: Kitsap Economic Development Alliance. IMPLAN® sector descriptions. Page 9 Page 131 of 227 As shown in Table 5, the One Kitsap strategic plan includes 5 "Target Industries" to concentrate marketing and recruiting for new jobs: 1) Marine/Boat Building, 2) Defense, 3) Light Manufacturing, 4) Technology, and 5) Construction/Project Management. Appendix I shows how each target industry was defined by IMPLAN® sectors. Target industries and job goals are based on industries already located in Kitsap County, and industries that are attracted to the advantages of locating in Kitsap County. Appendix II lists major employers in Kitsap County. These major employers include: an existing boat builder, 5 defense contractors, Navel Base Kitsap employing 36,978, and 3 companies doing light manufacturing. In addition to major employers, other factors in the economy were used to identify target industries. Marine and boat building are targets because Kitsap County is surrounded by 234 miles of saltwater shoreline and is part of one of the largest and most diverse maritime economies in the world. The County economy includes shipping, fishing, food processing, maritime logistics, naval architecture, and ship building, repair and maintenance. Kitsap's Bremerton -Silverdale metro area has the second -highest level of patent generation in the United States. Recruiting technology based companies will add to an existing group of companies that includes: Applied Technical Systems R&D for defense and specialized software Critical Insight Cybersecurity Dude Solutions Operations management solutions HelpDesk Cavalry Puget Sound IT service provider Microsoft Research Special Projects Symphony Industrial One of the world's leading controls companies Taqtile Augmented reality platform specialist Velosys Data visualization and Geographical Information Systems Technology companies are supported by college, university and K-12 programs. Olympic College offers a Bachelors of Applied Science in Information Systems. Olympic College also offer courses and Associate Degrees in specialized areas such as: technology security, networking, software development, IT support, and interactive web design. Western Washington University's Poulsbo campus offers a program that awards a Bachelor's of Science in Cybersecurity. The West Sound STEM Network is dedicated to engaging students from early -learning to K-12. There are a number of companies in Kitsap County involved with construction and project management. These company's products and services include: management and technical consulting, specialized design services, managing companies, facilities management, and other support services. D. Economic Impact of Jobs The economic impact of One Kitsap projects, where companies will create and retain jobs, is measured by additional jobs, income, value added and output. Table 6 shows a summary of the impacts created by these jobs, including multipliers, in 2023 dollars. Page io Page 132 of 227 Back to Agenda Table 6: One Kitsap Impacts from Jobs Impactobs Direct Impacts 2,500 Income4 $222,970,100 'I'alue Added5 $326,705,746 $67,985,550 $73,481,667 $589,030,912 $127,278,711 Indirect Impact 735 $42,972,897 Induced Impacts 739 $37,3i6,044 $121,800,619 Multiplier? 1.59 1.36 1.43 1.42 Total Impact 3,974 $303,259,041 $468,172,964 $838,110,242 Sources: NCDS, Economic Strategy Center I/O model for Kitsap County, WA. County data, IMPLAN®. Notes: i. Direct Impact: Impact generated directly from the jobs created. 2. Indirect Impact: Changes in employment, income, and output (business sales) in various industry sectors of the local economy supplying goods and services to the companies that expanded.sEP, 3. Induced Impact: The ripple effect of increased income as employees spend. 4. Income: Employee compensation + proprietor income (owner wages). 5. Value Added: Labor income + indirect business taxes + other property type income. 6. Output: Value Added + intermediate inputs (goods used in production) = total business. 7. Multipliers: Show the impacts of sales, income, spending and saving, which in turn increase the employment and earnings of other business sectors. As previously shown in Table 5, the Kitsap Economic Development Alliance's One Kitsap Strategic Plan includes a goal to create and retain 2,500jobs. These jobs were allocated to 5 "Target Industries" and 21 IMPLAN® sectors. Half of the job goal was allocated equally among the targets and the other half was distributed to IMPLAN® sectors based on the actual number of jobs in the sectors. The 21 IMPLAN® sectors and 2,500 jobs were then entered as inputs to the I/O model. IMPLAN® sectors include many NAICS codes. There are 546 IMPLAN® sectors and each of these sectors is defined by a group of NAICS codes that define hundreds of sub -industries. There are many more NAICS codes than IMPLAN® sectors. Table 6 shows the "direct" job totals and the total of "direct, indirect, and induced" impacts. The direct impact is the 2,500-job goal from Table 5. Indirect impacts come from the purchases of goods and services, business -to -business. As all those impacted by jobs spend their earnings, there are "induced" impacts. Page 11 Page 133 of 227 Direct, indirect, and induced impacts in Table 6 are measured by: jobs, income, value added, and output. Income includes both wage and salary income from direct and indirect jobs, and proprietor income to those owners and self-employed persons affected by indirect and induced spending. Value added includes labor income and indirect business taxes, like sales taxes. Value added also includes other income, such as rent. Output is the total of value added (e.g. labor) and the value of all goods used in production. The ripple effect of new jobs is computed based on multipliers. These multipliers show the impacts of sales, income, spending and saving, which in turn increase the employment and earnings of other business sectors. Table 6, above, shows that 2,5oo direct jobs will create income of $223.0 million, value added of $326.7 million and new output of $589.o million. These are the initial and "direct" impacts. Then as indirect impacts accumulate through business - to -business purchasing, and all those affected spend new income (induced impacts), the initial impacts will multiply to create 3,974 jobs, a multiplier of 1.59 and $303.3 million of income, a multiplier of 1.36. Value added will multiply by 1.43 to total $468.2 million, and output (total business) by 1.42 to total $838.1 million. E. Spending & Savings From Jobs Total income of $303,259,041 from jobs will create disposable income, spending and savings. Table 7 shows that in 2023 dollars, total income after taxes, will create disposable income of $258,679,962 Table 7 also shows that disposable income will create $249,108,803 in consumer spending and $9,571,159 in savings deposit potential. Table 7: One Kitsap Jobs and Payrolls Generates Spending & Savings Sources: NCDS, Economic Strategy Center Input/Output model for Kitsap County, WA. County data, IMPLAN®, 2021. DPI, consumer spending, and savings deposit percent of income, Bureau of Economic Analysis, 2022. Notes: 1. Disposable Personal Income: Personal income less taxes. 2. Consumer Spending: Disposable personal income less interest, personal transfer payments, and personal savings. 3. Savings Deposit Potential: Personal savings rate average annual percent of 3.7% x disposable personal income. The projected impact of jobs is increasing consumer expenditures in the Kitsap County area, a benefit to all businesses. Table 8, which follows shows the "Top 10" spending categories, led by housing. Page 12 Page 134 of 227 Table 8 shows that housing with $87.7 million leads the list of to major spending categories, followed by transportation and food. Personal insurance and pensions, health care, entertainment, and cash contributions are in the middle. Apparel and services, education and personal care complete the list of spending categories. For detailed spending by category, see Appendix III. Table 8: One Kitsap Created and Retained Jobs Top io Spending Categories Rank 1 SpendingCategory Housing $87.7 2 Transportation $40.6 3 Food $30.1 4 Personal insurance and pensions $28.6 5 Health care $18.4 6 Entertainment $14.4 7 Cash contributions $8.5 8 Apparel and services $6.7 9 Education $4.0 10 Personal care $3.0 Sources: NCDS, Economic Strategy Center Input/Output model for Kitsap County, WA. Bureau of Labor Statistics, Consumer Expenditure Survey, West, 2021. Data released September 2022. See Appendix III. F. Output by Sector One Kitsap projects are expected to create and retain 2,50o direct jobs, which will multiply to 3,974 total jobs. The projects will also create $838,110,242 in total output, which is "business activity". Detailed outputs from jobs come from the I/O model built for Kitsap County. Output by sector differs from spending categories due to definitions and the way data is collected and structured. For example, housing is the largest spending category with $87.7 million (Table 8) based on Bureau of Labor Statistics surveys. But owner -occupied housing ranks end in output, with $22.8 million (Table 9), based on the way the National Income and Product Accounts (NIPAs) are assembled and what is included in "housing". The definitions of "housing spending" and "housing output" are much different. Housing spending, as defined by the BLS, is much larger than output because it includes spending for utilities, operations, supplies, furnishings and equipment. The model computed total output for 262 business sectors adjusted to 2023 dollars. Sectors in the model are defined by groups of NAICS codes. Table 9 shows the "Top lo" sectors impacted. Page 13 Page 135 of 227 Back to Agenda Table 9: One Kitsap Jobs Create Annual Output Top io Sectors Rank 1 Output Sector Real estate Output in $ Millions $23.1 2 Housing - owner occupied $22.8 3 Employment services $12.1 4 Banks and CUs $7.6 5 Kitsap Public Utility District* $6.4 6 Full -service restaurants $5.6 7 Limited -service restaurants - fast food $5.4 8 Accounting services $4.9 9 Architectural, engineering $4.5 10 Hospitals $4.2 Sources: NCDS, Economic Strategy Center Input/Output model for Kitsap County, WA. See Appendix IV. Note: * Kitsap Public Utility District provides drinking water, wastewater, and fiber internet infrastructure utilities to communities throughout Kitsap County, and maintains county -wide water resource monitoring. One Kitsap projects will create $838,110,242 in total output, which is "business activity". Real estate, with $23.1 million in new output leads the list of the "Top 1o" sectors with new output, followed by owner -occupied housing, with $22.8 million in new output. Employment services, banks and credit unions, and the Kitsap Public Utility District round out the top 5. Full -service restaurants ranks 6tn in total output, followed by fast food, accounting services, and architectural and engineering services. Hospitals round out the "Top 1o". G. Tax Impacts from Jobs As jobs multiply through the economy, taxes are generated for: the federal government, Washington State, Kitsap County, Kitsap County municipalities, and Kitsap County special tax districts, like schools and fire. Table io shows that in 2023 dollars, Kitsap County will be receiving $3,419,481 in taxes each year, while its' municipalities will receive $2,225,152 each year. Special tax districts will receive $5,812,156. While Kitsap County and its' taxing units will receive a total of $11,456,789 in new annual taxes, the State of Washington will be receiving $17496,057. The federal government will receive the most, with $61,151,207 in taxes primarily from social security and income taxes. Excluding federal tax receipts, Chart i shows how annual new taxes will be distributed among the State of Washington, Kitsap County, and Kitsap County taxing units. The State of Washington will receive 6o.o% of these taxes, while Kitsap County will receive 11.9%. County municipalities can expect 7.8%, and County special taxing districts 20.3%. Page 14 Page 136 of 227 Back to Agenda Table io: One Kitsap Projected Annual Taxes Governmental Unit, Kitsap County Total $3,419,481 Percent of Total ,Federal) 11.9% Kitsap County municipalities $2,225,152 7.8% Kitsap County special tax districts, e.g. schools $5,812,156 20.3% Sub -Total $11,456,789 State of Washington $17,196,057 6o.o% TOTAL $28,652,846 100.0% Federal Government $61,151,207 Source: NODS, Economic Strategy Center I/O model for Kitsap County, WA. Chart 1: State of Washington Kitsap County, Kitsap County Taxing Units Share of New Annual Taxes ascounty Municipalities Source: Table to 9 Special Districts Washington 6r Percent of Taxes Page 15 50 40 30 20 10 O Page 137 of 227 Returns on Investment Private Sector Return on Investment One Kitsap projects will create and retain 2,5oo direct jobs, which will multiply to 3,974 total jobs. The projects will also create $838,110,242 in total output, which is "business activity". Table ii shows that both public and private investors will make this possible with a combined, estimated 5-year investment goal of $3,250,000, which is $650,000 per year. The target combined public/private investment goal is split about 50/50. At 50% of the total, the private sector goal is $1,625,000 and the public sector Kitsap County and its municipalities' goal is also $1,625,000. Kitsap County's estimated goal is $568,750 or 17.5% of the total goal, and the County's municipalities' goal is a combined and estimated $1,056,250 which is 32.5% of the total. Table ii: ONE Kitsap Estimated Goals Private and Public Sector Investments Investor 5-Year Total Percent of Total Kitsap County $568,750 17.5% Kitsap County municipalities $1,056,250 32.5% Sub - $1,625,000 Total Private sector $1,625,000 50.0% Total $3,250,000 100.0 Source: Kitsap Economic Development Alliance. One Kitsap. From a private sector point of view, return on investment ROI, is based on output (business activity) generated from jobs and the profits from that output. New output is $838,110,242. Net profits from output measure returns to the business community. Profit margins vary from one business sector to the other, so a good way to summarize ROI for investors is to use the average net profit among all firms in the U.S. securities markets today. This average was 7.77% (total market with financials) in January of 2023 according to NYU's Stern School of Business. Several studies have confirmed a 25-year average rate of about 8%. Dividing net profits returned to the business community by the investment in economic development equals the return on this investment. Table 12 shows the computations for a return on investment based on average net profits that will be returned to the community, divided by the 5-year $1,625,000 amount of private investment. Page 16 Page 138 of 227 Back to Agenda Table 12: One Kitsap Public and Private Investments and Returns on Investments ROI Kitsap County Kitsap County municipalities Private sector $568,750I 1 $3,419,481 I $6.01 : $1.00 $1,056,250 I 1 $2,225,152 I $2.11: $1.00 $1,625,000 1 $838,110,242 x 7.77% 1 $65,121,166 1 $40.07 : $1.00 Source: NCDS, Economic Strategy Center ESC, ESC I/O model. ESC assumptions. The return on private investment in One Kitsap is very positive. In 2023 dollars, 5 years of steady growth in jobs will return $40.07 to the business community in average corporate profits for every $1.0o invested. Public Sector Return on Investment From the public sector's perspective a return on investment can be measured by new taxes. Table 12 shows how taxes returned to Kitsap County, and Kitsap County municipalities, can be divided by their amounts of investment from Table ii to compute returns on investment. For every $1.0o invested by Kitsap County, $6.01 will return in new tax revenue. For every $1.00 invested by Kitsap County municipalities, $2.11 will be returned. Chart 2 illustrates the private and public sector returns on investment. Page 17 Page 139 of 227 Back to Agenda Chart 2: One Kitsap Returns on Investment ...= Return on Investment (in $) dw l.00 lnmstea Municipal Kit Source: Table 12 Page 18 $50.00 $37.50 $25.00 $12.50 Page 140 of 227 Back to Agenda APPENDIX I One Kitsap Target Industries & Jobs Goals by IMPLAN Sector Target Industries IMPLAN IMPLAN JobsJobs sector Sector i GOAL ` 10 1. Marine/boat building 15% 440 36o Ship building and repairing 361 Boat building* 2. Defense 25% 56o Search, detection, and navigation 312 instruments manufacturing Aircraft 354 manufacturing Other aircraft parts 356 and auxiliary equipment manufacturing 361 Boat building* 46o Computer systems design services 463 Environmental and other technical consulting services 3. Light Manufacturing: 15 % 440 247 Machine shops Metal coating and 250 nonprecious engraving All other industrial 269 machinery manufacturing Page ig Page 141 of 227 Power, distribution, and specialty 3�9 transformer manufacturing Wood office furniture 370 manufacturing Surgical appliance 377 and supplies manufacturing 459 Custom computer programming services 4. Technology 30% 620 436 Data processing, hosting, and related services Scientific research 464 and development services 487 Medical and diagnostic laboratories 5. Construction/Project Management 15% 440 Specialized design 458 services Other computer related services, 461 including facilities management Management 462 consulting services Management of 469 companies and enterprises Business support 473 services TOTAL 100% 2,500 Source: Kitsap Economic Development Alliance. IMPLAN® 546 sectors and definitions. Page 20 Page 142 of 227 Back to Agenda APPENDIX II U.S. Government/Department of Defense Navel Base Kitsap* Private Sector Employers 36,978 St. Michael Medical Center & Franciscan Medical Group Port Madison Enterprises 1,901 Healthcare 628 Tourism Haselwood Auto Group 556 Vehicle Dealer Noo-Kayet Gaming Corporation (Port Gamble S'Klallam Tribe) YMCA of Pierce & Kitsap County 511 Tourism Youth Organization 497 Lowe"s 466 Retail Town & Country Markets (corporate office and 2 stores) 450 Keiau Fred Meyer (2 locations) 432 Retail McDonald's (Peninsula Office) 431 Retail Kitsap Mental Health Services 427 Healthcare Macy's West Stores, Inc 400 Retail Starbucks 395 Retail Peninsula Community Health 384 Healthcare The Doctors Clinic 381 Healthcare Light Manufacturing/Project Skookum Contract Services 36o Management Martha & Mary 349 Healthcare Page 21 Page 143 of 227 Stafford Healthcare (combined) 330 Healthcare Watson Furniture Company 190 Light Manufacturing Sage / Redington Inc / Far Bank 16o Light Manufacturing Defense Contractors Skookum Contract Services Jacobs Engineering 36o Defense 253 Defense SAFE Boats International 250 Defense & Marine/Boat Building Delphinus Engineering 249 Defense Huntington Ingalls AMSEC 212 Defense State & Other Public Sector Employers Kitsap County Central Kitsap School District South Kitsap School District 1,307 Government 1,582 Education 1,150 Education North Kitsap School District 944 Education Bremerton School District 751 Education Source: Kitsap Economic Development Alliance. Note: * Employees = Civilian 19,922, Active Duty 11,220, Contract 313. Naval Base Kitsap is the third largest naval base in the nation and Kitsap's largest employer, as well as one of the largest employers in the Puget Sound region. Page 22 Page 144 of 227 Back to Agenda APPENDIX III One Kitsap Distribution of Total Spending by Cateffory Categories FOOD Share of Total* Expenditure Total = ' $249,108,803 12.1 % $30,142,165 Food at home 7.7% $19,181,378 Food away from home 4.4% $1o,960,787 ALCOHOLIC BEVERAGES .9% $2,241,979 HOUSING 35.2% $87,686,299 Shelter 21.6% $53,807,501 Owned dwellings 11.2% $27,900,186 Mortgage interest and charges 4.9% $12,2o6,331 Rented dwellings 9.3% $23467,119 Other lodging Utilities, fuels and public services Natural gas Electricity 1.4% $3,487,523 5.6% $13,950,093 .5% $1,245,544 1.9% $4,733,o67 Fuel oil and other fuels .1% $249,109 Telephone services 1.8% $4,483,958 Cellular phone service 1.7% $4,234,850 Water and other public services 1.2% $2,989,3o6 Household operations 2.4% $5,978,611 Housekeeping supplies Household furnishings and equipment APPAREL AND SERVICES TRANSPORTATION Vehicle purchases 1.2% $2,989,3o6 4.2% $10,462,570 2.7% $6,725,938 16.3% $40,604,735 7.1% $17,686,725 Cars and trucks, new 3.0% $7,473,264 Cars and trucks, used 4.0% $9,964,352 Gasoline and motor oil 3.3% $8,220,590 Other vehicle expenses 5.2% $12,953,658 Page 23 Page 145 of 227 Vehicle finance charges •4% $996,435 Maintenance and repairs 1.5% $3,736,632 Vehicle insurance 2.2% $5,480,394 Vehicle rental and leases 1.1% $2,740,197 Public transportation .7% $1,743,762 HEALTH CARE 7.4% $18434,051 Health insurance Medical services Drugs Medical supplies 4.8% $11,957,223 1.6% $3,985,741 •7% $1,743,762 .3% $747,326 ENTERTAINMENT 5.8 % $14448,311 PERSONAL CARE PRODUCTS/SERVICES 1.2% $2,989,306 EDUCATION 1.6 % $399859741 CASH CONTRIBUTIONS 3.4% $8,4699699 PERSONAL INSURANCE AND PENSIONS 11.5 % $2896479512 Life and other personal insurance .6% $14949653 Pensions and Social Security 11.0% $27,4019968 OTHER (reading, tobacco & miscellaneous) 1.9% $4,733,067 Source: Bureau of Labor Statistics, Consumer Expenditure Survey 2021, Region of Residence, West. BLS data released September, 2022. Note: * All shares are % of total. _, major categories total t00%. Page 24 Page 146 of 227 Back to Agenda APPENDIX IV One Kitsap Total Output by Sector, And Top io Sectors for Business -to -Business Impacts (Sectors used for 21 direct job impacts are shaded) Total) $838,110,242 6 - Scientific research and develo ment services $16 0 68 36o - Ship building and repairing $130,28o,611 361- Boat building $59,617,630 46o - Computer systems design services $37,624,023 469 - Management of companies and enterprises $37,545,230 459 - Custom computer programming services 462 - Management consulting services $30,7o8,288 $25,919,346 447 - Real estate establishments: Lessors of industrial commercial 1 and residential real estate, agents & brokers (commissions), REITs, $23,115,443 managers' offices, listing services, appraisal services, escrow agencies 436 - Data processing, hosting, and related services $23,012,047 2 4492 - Imputed rental activity for owner -occupied dwellings = $22,758,616 HOUSING + includes mortgage payments 463 - Environmental and other technical consulting services 329 - Power, distribution, and specialty transformer manufacturing $21,236,187 $17,905,472 354 - Aircraft manufacturing $12,250,359 3 472 - Employment services 370 - Wood office furniture manufacturing $12,o66,834 $12,021,777 377 - Surgical appliance and supplies manufacturing 455 - Legal services 441- Monetary authorities and depository credit intermediation $11,930,251 $7,954,042 activities = Banks and Credit Unions. Output of commercial banks, savings institutions, and credit unions which includes: 1) funds, trusts, and other financial vehicles, 2) administrative expenses of pension funds, 3) 4 service charges on deposit accounts and cash management, 4) service $7,612,100 charges and fees on credit card accounts, 5) loan origination on all other consumer loans, 6) other products supporting financial services, and 7) ATM and other electronic transaction fees.441 - Monetary authorities and depository credit intermediation Page 25 Page 147 of 227 5 534 - Kitsap Public Utility Districts $6,448,650 461- Other computer related services, including facilities management $5,583,875 6 509 - Full -service restaurants $5,561,093 510 - Limited -service restaurants $5,403,616 473 - Business support services $5,256,688 456 - Accounting, tax preparation, bookkeeping, and payroll services $4,946,161 457 - Architectural, engineering, and related services $4,550,098 490 - Hospitals $4,248,982 47 - Electric power transmission and distribution $4,119,269 483 - Offices of physicians $3,989,780 438 - Internet publishing and broadcasting and web search portals $3,953,419 7 8 9 10 487 - Medical and diagnostic laboratories $3,765,163 247 - Machine shops 396 - Wholesale - Other durable goods merchant wholesalers $3,533,533 $3,437,235 269 - All other industrial machinery manufacturing $3,053,332 448 - Tenant -occupied housing $2,899,855 411- Retail - General merchandise stores $2,860,004 395 - Wholesale - Machinery, equipment, and supplies $2,831,663 440 - Securities and commodity contracts intermediation and brokerage $2,829,691 511- All other food and drinking places $2,658,131 402 - Retail - Motor vehicle and parts dealers $2,493,689 413 - Retail - Nonstore retailers $2,490,908 512 - Automotive repair and maintenance, except car washes $2,478,700 468 - Marketing research and all other miscellaneous professional, $2,411,738 scientific, and technical services 406 - Retail - Food and beverage stores $2,339,106 Page 26 Page 148 of 227 458 - Specialized design services $2,297,435 476 - Services to buildings $2,281,512 444 - Insurance carriers, except direct life $2,251,727 475 - Investigation and security services $2,183,237 465 - Advertising, public relations, and related services 521- Religious organizations $2,083,035 $2,031,887 $1,952,634 442 - Other financial investment activities 60 - Maintenance and repair construction of nonresidential structures $1,901,944 Rank industry Display 486 - Outpatient care centers output $1,889,599 445 - Insurance agencies, brokerages, and related activities $1,856,934 421- Couriers and messengers 439 - Nondepository credit intermediation and related activities $1,807,229 $1,719,983 417 - Truck transportation 400 - Wholesale - Other nondurable goods merchant wholesalers 393 - Wholesale - Professional and commercial equipment and supplies 477 - Landscape and horticultural services $4718,376 $1,687,438 $1,687,084 $1,672,765 394 - Wholesale - Household appliances and electrical and electronic goods $1,632,006 491- Nursing and community care facilities $1,551,299 493 - Individual and family services 484 - Offices of dentists 356 - Other aircraft parts and auxiliary equipment manufacturing 250 - Metal coating and nonprecious engraving $1,518,173 $1,489,890 $1,460,887 $1,379,876 478 - Other support services Page 27 $1,375,949 Page 149 of 227 405 - Retail - Building material and garden equipment and supplies stores $1,355,210 513 - Car washes $1,299,160 453 - Commercial and industrial machinery and equipment rental and leasing $1,260,237 446 - Funds, trusts, and other financial vehicles 401- Wholesale - Wholesale electronic markets and agents and brokers $1,238,720 $1,184,137 479 - Waste management and remediation services 471- Facilities support services $1,129,184 $1,128,648 412 - Retail - Miscellaneous store retailers $1,123,439 450 - Automotive equipment rental and leasing $1,113,247 433 - Wired telecommunications carriers 485 - Offices of other health practitioners $1,042,894 $1,036,288 522 - Grantmaking, giving, and social advocacy organizations 470 - Office administrative services $1,031,474 $945,570 48 - Natural gas distribution $887,712 526 - Postal service $855,265 407 - Retail - Health and personal care stores $832,520 61- Maintenance and repair construction of residential structures $794,853 398 - Wholesale - Grocery and related product wholesalers $794,144 528 - Other federal government enterprises $787,259 531- Other state government enterprises $772,656 392 - Wholesale - Motor vehicle and motor vehicle parts and supplies 409 - Retail - Clothing and clothing accessories stores 428 - Software publishers $749,895 $747,556 $734,884 Page 28 Page 150 of 227 495 - Community food, housing, and other relief services, including rehabilitation services $713,847 410 - Retail - Sporting goods, hobby, musical instrument and book stores $710,657 532 - Local government passenger transit $661,927 $629,354 431- Radio and television broadcasting 499 - Independent artists, writers, and performers 408 - Retail - Gasoline stores $610,340 $607,857 482 - Other educational services $591,324 403 - Retail - Furniture and home furnishings stores $585,083 434 - Wireless telecommunications carriers (except satellite) 454 - Lessors of nonfinancial intangible assets $584,009 $554,550 515 - Commercial and industrial machinery and equipment repair and maintenance $541,830 451- General and consumer goods rental except video tapes and discs $536,870 474 - Travel arrangement and reservation services $536,841 517 - Personal care services $535,071 399 - Wholesale - Petroleum and petroleum products 432 - Cable and other subscription programming 420 - Scenic and sightseeing transportation and support activities for transportation $514,184 $512,849 $498,795 492 - Residential mental retardation, mental health, substance abuse and other facilities $487,285 520 - Other personal services $478,728 524 - Labor and civic organizations $465,984 424 - Periodical publishers $453,355 467 - Veterinary services $433,276 514 - Electronic and precision equipment repair and maintenance $432,493 Page 29 Page 151 of 227 Back to Agenda 154 - Petroleum refineries $431,024 500 - Promoters of performing arts and sports and agents for public figures $418,897 504 - Other amusement and recreation industries $418,240 429 - Motion picture and video industries $414,669 $391,708 494 - Child day care services 496 - Performing arts companies 466 - Photographic services $355,851 $318,575 516 - Personal and household goods repair and maintenance $313,616 418 - Transit and ground passenger transportation $297,328 404 - Retail - Electronics and appliance stores $265,212 525 - Private households $261,726 505 - Fitness and recreational sports centers $260,197 204 - Ready -mix concrete manufacturing $230,361 503 - Gambling industries (except casino hotels) $200,315 523 - Business and professional associations 488 - Home health care services 480 - Elementary and secondary schools 397 - Wholesale - Drugs and druggists' sundries $192,798 $185,223 $182,205 $181,136 489 - Other ambulatory health care services $174,886 423 - Newspaper publishers $166,521 527 - Federal electric utilities 215 - Iron and steel mills and ferroalloy manufacturing 49 - Water, sewage and other systems $163,455 $158,384 $142,708 Page 30 Page 152 of 227 383 - Doll, toy, and game manufacturing $140,717 1 481- Junior colleges, colleges, universities, and professional schools $125,909 452 - Video tape and disc rental $117,080 501- Museums, historical sites, zoos, and parks $116,921 430 - Sound recording industries $109,656 14 - Animal production, except cattle and poultry and eggs $109,576 262 sectors with new output. Please contact NCDS ESC for output in sectors with less than $ioo,000. Source: NCDS, Economic Strategy Center Input/Output model for Kitsap County, WA. County data IMPLAN®, 2021, data released December, 2022. Notes: 1) 21 sectors used to define inputs are shaded and not used in the "top io impacts" because these inputs are the direct impacts that create outputs from indirect and induced impacts, the very important business -to -business impacts. 2) Sector 449 treats homeownership and maintenance like a rental industry and includes purchases made by homeowners for the upkeep of residences and payments on mortgages. This approach was created by the Bureau of Economic Analysis, BEA, to manage home ownership spending in the National Income and Product Accounts, NIPAs. 3) Kitsap Public Utility District provides drinking water, wastewater, and fiber internet infrastructure utilities to communities throughout Kitsap County, and maintains a county -wide water resource monitoring program. Page 31 Page 153 of 227 APPENDIX V ABOUT NCDS AND THE ECONOMIC STRATEGY CENTER National Community Development Services, Inc. (NCDS) is a pioneer in nonprofit, community - based fundraising. Since 1977, NCDS has raised over $1.7 A000—, National billion for more than'700 organizations, in 44 states across Community the U.S. ea Development Services The Economic Strategy Center is the economic research and analysis division of NCDS. The ESC applies research tools Economic and techniques to evaluate the economic impacts of development programs. It conducts in depth research using Strategy Center local, state and national sources. Over 20 years ago, NCDS pioneered the use of economic impact analyses in fundraising campaigns to convey the Return on Investment, ROI of our clients' programs, based on projected outcomes of new jobs, capital investment, industry sector growth, and other client goals. The ESC helps clients address three types of issues: • MarketAnalysis -How will my organization be affected by changes in the economy? What should I do to respond to them? • Cost/Benefit Analysis - What will be the economic impact/benefits and costs of my project/program? What should I do to maximize net value? What is the return on investment? • Economic Development Strategy -How can my project/program affect business growth and attraction? How can I best target my efforts? The ESC creates: • Economic Impact Analysis - The direct, indirect and induced impacts that multiply to create more jobs, income, value added and output. Impacts of new spending and new output include computations of potential new bank deposits and new local tax revenue. Return on investment ROIs are calculated for both private and public sector investments. • Scorecard -The Economic Impact Analysis of success with job creation and new investment to show impacts and return on investment. • Info -graphic - Summary graphics to illustrate impacts and returns on investment. The ESC uses the latest data and techniques available. We are members of C2ER - The Council for Community and Economic Research (formerly ACCRA), The International Economic Development Council, and The Association of Public Data Users. For more information visit: https://www.ncdsinc.net/economic-impact-anal Page 32 Page 154 of 227 Back to Agenda 111::111 IEIItimtsap PROPOSED FIVE YEAR STRATEGIC PLAN — v2.1, September 2023 About: This plan was created from feedback provided by more than 60+ Kitsap stakeholders from 2022 — 2023, including confidential 1-to-1 interviews, group work sessions, and individual economic development work. It was iterated after anchor investor feedback summer 2023. This One Kitsap plan reflects what stakeholders want in Kitsap's regional economic strategy. What is ONE Kitsap? • A five-year strategic economic development initiative • Public/Private Partnership • Intentional • Aligned with Kitsap's economic development needs and opportunities • Key characteristics: — Results -oriented — Long-term thinking with near -term and ongoing execution — Accountable to public and private stakeholders — Goals rooted in economic vitality, prosperity, and sustainability: Jobs, Incomes and GDP — Collaborative with relevant agencies, organizations, institutions, and comprehensive plans One Kitsap Draft August 2023 v2.0 Page 1 Page 155 of 227 Back to Agenda Why now? • KEDA has been evolving since the pandemic with new leadership, staff, programs and capabilities. As a result, now is the time to invest in KEDA as an entity that's the "go to, one voice, one place" where stakeholders come together to plan, direct, and execute Kitsap's economic future. • This plan is a platform for Kitsap to be more "self -determining" instead of defined by Greater Seattle, the State of Washington, and the Federal Government. • In Puget Sound and nationwide there's intense competition for jobs, investment, companies and talent. For Kitsap to realize our best economic future, we need a robust, impactful, best -in -class economic development organization. Who? • Led by a re -focused, re -energized KEDA — Targeted economic development orientation based on studies, analyses and plans — Increased private sector influence and direction — Focus and resources directed by strategic plan — Investor -led and directed • Partners & collaborators — Private employers — County, municipalities, neighboring counties — Tribal nations and corporations — Education (Olympic College campuses, university partners, K-12 system/districts, trade schools) Port of Bremerton and Other Industrial Parks Real estate: Developers, builders, associations Chambers of Commerce and Community nonprofits One Kitsap Draft August 2023 v2.0 Page 2 Page 156 of 227 Additional Notes about One Kitsap: • Funded and delivered as a five-year initiative, this plan is intended to establish capacity for KEDA to deliver solutions, impact, and value for many years in the future. The first few years will focus on building new organizational capacity. • Stakeholders, investors, and community leaders will be deployed through ad hoc and committee tasks as needed to supplement KEDA staff capacity and advance the collective agenda effectively. • KEDA staff will be encouraged to pursue appropriate professional development opportunities. • Implementation of One Kitsap requires investments in research capabilities and data acquisition & analysis. Research will include identification of best practices in other communities that can be emulated in Kitsap. Five -Year Goals & Outcomes: This plan is intended to directly help produce the outcomes below for Kitsap with regard to commercial space, vacancy at major employers and GDP. The Kitsap Economic Development Alliance's actions will directly help produce the following outcomes by 2029: ■ Increase overall industrial and commercial inventory (+350,000 square feet in buildings) ■ Decrease vacancy rate at major employers by 25% from 2022 highs ■ Increase GDP in Kitsap County by 3% One Kitsap Draft August 2023 v2.0 Page 3 Page 157 of 227 Back to Agenda 01"Ekimt ap Part I: Near -Term Strategic Initiatives (2024-2025) A. NEW BUSINESS DEVELOPMENT Tactics Objectives TIOM 1. Survey. Assess Kitsap's potential for existing business expansion and new firm attraction (industrial, commercial) by first understanding its available land and buildings for growth, via a survey product. a) Contract/purchase KEDA comprehensive survey of current land/shorefront uses and ownership Q1 2024 b) Deliverable: 1. Produce study 2. Executive Summary on recommendations for county, cities and community Q2-Q3 2024 c) Debrief county, cities and community on CneKitsap business approach for expansion and attraction Q3-Q4 2024 d) Implement next steps after jurisdictional advisement 2025 2. Comprehensive Plan. Q2 2024 • Deliverable: KEDA Comprehensive Plan Recommendations all jurisdictions and county (economic development chapters, land use, issues, infrastructure). Suggest code revisions if requested/appropriate. One Kitsap Draft August 2023 v2.0 Page 4 Page 158 of 227 Back to Agenda 3. Port of Bremerton / PSIC-Bremerton. Market industrial lands as possible and ready for development along the highway 3 corridor. Substantial development of the lands at maturity could yield an additional 1,250 jobs, $375M in labor income, $490 million in local business and $1.28 billion in regional income (KEDA estimate based off 2023 economic impact analysis and WPPA 2021 Job Creator of the Year Data). a) Port of Bremerton. Per annual contract, market Port assets: o Meet with Port staff to identify their properties/priorities for marketing Q1 2024 o KPI: Conduct 16 related outbound outreach/recruitment efforts Q1-Q2 2024 o Meet to discuss marketing / data needs, producing relevant collateral where possible Q3 2024 o Evaluate prospects' five-year needs (identifying what POB can do to be ready for long-term opportunities) 2025 x 3. New Business Development - Highway 3 Corridor b) Convene Southside Working Group (Kitsap + Mason/Belfair) o Drive quarterly public/private multistakeholder working group meetings that align comprehensive plans Q3 2024 between private landowners, City and Port of Bremerton, Mason County and others to bring southside lands to market / development per owner interests as rapidly as possible. Aid in associated policy / infrastructure. o Determine if additional regional subarea planning is needed / can occur. 2025 One Kitsap Draft August 2023 v2.0 Page 5 Page 159 of 227 Back to Agenda B. WORKFORCE Tactics Objectives Timing 1. Navy workforce. Create program for Kitsap employers to access Navy transitioning personnel and family members, adding to the strength of our community's workforce. a) Research program's feasibility, best examples, and stakeholders participation requirements with community, Navy, industry and others Q2-Q3 2024 b) Design project, earning commitment from partners to train and hire workforce Q3-Q4 2024 c) Deliverable: Pilot effort and evaluate performance Q1-Q2 2025 d) Launch/scale full program Q1 2026 e) Produce qualified workers for committed stakeholders, KPIs determined during program Q4 2026 2. Healthcare. Multiyear Priority.• Partner and advocate to help deliver the proposed OCPoulsbo Campus Allied Health Center. a) Healthcare Working Group. Drawn from Kitsap County Healthcare Stakeholders, this KEDA-driven smaller group convened by KEDA will Q2-Q3 2024 o identify positive outcomes in Kitsap healthcare, amplifying and tell those stories, o as well as the corrective actions being taken by the community to alleviate current areas of healthcare deficiency. b) Launch business or talent recruitment programs (as appropriate) for Healthcare, informed by needs and data. 2025 3. Publish Top 10 Necessary Jobs. Maintain inventory of targeted top 10 unfilled jobs: occupations, skills, pay. Update semiannually. Q4 2024 C. BUSINESS RETENTION AND EXPANSION PTAC Program. Help Washington small and micro businesses obtain government contracts. • KPIs: 44 Training Sessions, 440 Attendees, 72 New Clients, 24 Manufacturers 2. Deliverables per Washington Department of Commerce contract (Interactions). Q2 2024 • 2024 KPIs: 100 Business Retention and Expansion; 30 Recruitments; 18 Startups; 6 Export Assistance; 30 Trainings I Q2 2024 One Kitsap Draft August 2023 v2.0 Page 6 Page 160 of 227 Back to Agenda Deliverabler • 2025 KPls: 110 Business Retention and Expansion; 32 Recruitments; 20 Startups; 8 Export Assistance; 35 Trainings Q2 2025 3. Microbusiness Accelerator. Reproduce and/or scale if grant or other funding allows. Q3 2024 4. Business Visitation Program. Visit high value employers to identify their opportunities, risk of departure from Kitsap, and Q4 2024 business assistance. KPI: 50 Visits. D. ENTREPRENEURSHIP & INNOVATION 1. Define and measure Kitsap's current entrepreneurial ecosystem. Make recommendations and prioritize missing pieces. Q1-Q2 2024 2. Launch economic development training series relevant to community coworking spaces (ex: "How to Buy a Small Business") Q3-Q4 2024 One Kitsap Draft August 2023 v2.0 Page 7 Page 161 of 227 E. WAV-C Priority: New operational funding necessaryfor WAV-C to continue. Existing grants run out July 2024. 1. Apply for Grant to Fund Operations 2. Have Demonstration Projects Underway (2) 3. KPI: Maintain 50 or more members F. RESEARCH 1. Economic reports. a) Top Employers Report b) Kitsap One Pager — Economic Info c) Economic Profile 2. Warehouse local economic data. a) Cost of Living Index via Western Washington University b) Median apartment and housing costs by Kitsap jurisdiction/region c) Housing starts under permit at Kitsap jurisdictions d) Commercial/Industrial under permit at jurisdictions Quarterly Q1 2024, Q2/Q3 2024 Q3 2024 April / May 2024 Q2 2024 Q3 2024 Obtain quarterly (where possible) beginning Q1 2024 One Kitsap Draft August 2023 v2.0 Page 8 Page 162 of 227 G. COMMUNICATIONS & EVENTS 1. Execute economic development events for Kitsap and community a) KEDA Annual Meeting and Economic Forecast March or April 2024 b) BIPOC Business Forum (1-2) Q2 2024 c) Investor Business Briefings (2) Q2, Q4 2024 d) Kitsap Industrial Readiness Summit Q3 2024 e) Fall Forum Q4 2024 H. ORGANIZATIONAL CAPACITY 71.LaunchRelations Committee, meeting triannually to monitor and evaluate OneKitsap progress. eting: Evaluates previous year's performance according to plan, adjusts upcoming year's plan Q1 2024 b) July meeting: Evaluates Q2 deliverables (most critically, for ADO/Department of Commerce) Q3 2024 c) October meeting: Check in on progress toward year-end. Q4 2024 2. Diversity, Equity and Inclusion. a) Relaunch DEI Task Force, 6x Meetings Annually, New Co -Chairs Q1 2024 b) Deliverable: Identify DEI Measurement Success Criteria/KPI for KEDA Q2 2024 c) Develop and implement economic development tactics to achieve desired outcome Q3 2024 — Q4 2025 (informed by KEDA's 2023 DEI Report from NEXT Consulting Group) 3. Board Retreat. Provide a biannual retreat for board members, critical since adopting OneKitsap. Q3 2024 4. Economic Development Manager obtains Certified Economic Developer credential (CeCD) from International Economic 2025 Development Council One Kitsap Draft August 2023 v2.0 Page 9 Page 163 of 227 Back to Agenda STEP 1. Review past performance (Section 1). GOALS NOT MET REASON(5) ADJUSTMENT GOALS/ACTIVITIES REVISED REASON(S) ADJUSTMENT STEP 2. Approve coming year's plan (from Section II) KEDA BOARD APPROVAL Signature Date One Kitsap Draft August 2023 v2.0 Page 10 Page 164 of 227 Back to Agenda 014Eklotsap Plan Section II: vz.1,September 2023 Longer -term (2026 — 2028) ROADMAP A. NEW BUSINESS DEVELOPMENT 1. Business/Talent Recruitment Program. Targeted sectors: • Maritime • Defense 2026 • Construction and Project Management 2027 "Right sized" (relative to footprint, wages, # of employees) 2028 2. Project Artisan Evaluate space need and growth forecast for key private sector employer(s). Aid in facility procurement if needed, taking actions to retain key large scale employers in Kitsap. Begin 2026 • 4. Silverdale Land Use. Plans, site/buildings and development strategy • Identify plans to increase residential densification of city • Redevelopment of Silverdale effort should include: • Cost estimates, incentive evaluations 2026 One Kitsap Draft August 2023 v2.0 Page 1 Page 165 of 227 Back to Agenda • Cultural aspects • Infrastructure Considerations • Partnership with Greater Kitsap Chamber • Old Town 2027-2028 5. Increase New Business Capabilities • Build Capacity (data, tools, hire staff/contract relationships if needed) to issue and respond capably and quickly to RFPs and RFIs 2028 • Expand relationships with site selectors Ongoing: • Monitor opportunity for local landowners (including POB) to create lay down yard space for Shipyard Infrastructure Optimization Program • Position KEDA as the private sector expert on the Shipyard Infrastructure Optimization Program. One Kitsap Draft August 2023 v2.0 Page 2 Page 166 of 227 Back to Agenda B. WORKFORCE 1. CTE. Increase certificated graduates from CTE programs in high schools, emphasizing trades and other careers in Kitsap that do not require 4-year college degrees. 2. Apprenticeships. Enlist industry partners for top 10 apprenticeships (or job skills training programs / internships) for expansion (e.g., businesses active in the schools, students learning at businesses) Ongoing: • Participate in community dialogue around housing to advance the solutions workforce agenda C. BUSINESS RETENTION AND EXPANSION Regular adjustment of all KPIs: PTAC, Commerce, Business Visitation Interview Program D. ENTREPRENEURSHIP AND INNOVATION 1. Evaluate feasibility of Kitsap business plan competition w/ higher education partners Ongoing: • Continue facilitating opportunities for Kitsap's entrepreneurs to grow, network and collaborate Q1 2026 — Q3 2027 Q3 2027 Q4 2028 Annual 2026 One Kitsap Draft August 2023 v2.0 Page 3 Page 167 of 227 Back to Agenda E. WAV-C To be determined. Future feasibility is tied to new operational funding that must be obtained by Fall 2024. F. RESEARCH • Gap study. Comprehensively evaluate the adequacy of products and professional services available in Q1 2026 — Kitsap. Q3 2027 • Migration and Growth study. Evaluate who has moved to Kitsap during the pandemic, how demographics Q3 2027 — have changed, and whether growth remains on a strong trajectory. Q4 2028 Ongoing: • Continue to maintain, research, publish and disseminate information about Kitsap's economy (both through large scale projects and individual efforts to assist Kitsap firms / economic interest) One Kitsap Draft August 2023 v2.0 Page 4 Page 168 of 227 Back to Agenda G. COMMUNICATIONS & EVENTS Ongoing: • Market Kitsap as business -friendly, innovative, with a strong quality of life, convenience and connectivity to Greater Seattle. County Requirement: Outreach and marketing of Kitsap as a talent destination. H. ORGANIZATIONAL DEVELOPMENT Ongoing: • Staff development opportunities as determined by the Executive Director / Board One Kitsap Draft August 2023 v2.0 Page 5 Page 169 of 227 Back to Agenda ONE ;�san PROPOSED FIVE YEAR STRATEGIC PLAN This "summary draft" is National Community Development Services' attempt to capture key strategic, programmatic, and organizational direction provided by stakeholders during our confidential interview process in 2022 and from the "input" sessions facilitated during January 2023. This One Kitsap summary reflects what those stakeholders want from Kitsap County's lead economic development organization and what they will support with additional financial resources. The immediate next step is creation of the more comprehensive "case for support" that will serve as the source document for One Kitsap collateral to serve as a call to action for funding and executing this plan to ensure Kitsop's future growth and prosperity and to elevate KEDA's capacity for delivering tangible impacts and outcomes. What is One Kitsap? • A five-year strategic economic development initiative • Public/Private Partnership • Intentional • Aligned with Kitsap's economic development needs and opportunities • Key characteristics: — Results -oriented — Long-term thinking with near -term and ongoing execution — Accountable to public and private stakeholders — Goals rooted in economic vitality, prosperity, and sustainability: Jobs, Incomes and GDP — Collaborative with relevant agencies, organizations, institutions, and comprehensive plans One Kitsap I Q2 2023 Page 170 of 227 Kitsap Economic Development Alliance Back to Agenda ONEkitsap Proposed 5-Year Strategic Plan (cont.) Who? • Led by a re -focused, re -energized KEDA — Targeted economic development orientation based on studies, analyses and plans — More private sector influence and direction — Focus and resources directed by strategic plan - Investor -led and directed • Partners & collaborators — Private employers — County, municipalities, neighboring counties — Tribal Nations — Education (Olympic College campuses, university partners, K-12 system/districts, trade and technical schools) — Ports (Bremerton, etc) and other industrial parks — Real estate: Developers, builders, associations — Chambers of Commerce — Community nonprofits Additional Notes About One Kitsap: • Funded and delivered as a five-year initiative, but also intended to establish capacity for KEDA to deliver solutions, impact, and value for many years in the future. The first few years will focus on building new organizational capacity. • Stakeholders, investors, and community leaders will be deployed through ad hoc and committee tasks as needed to supplement KEDA staff capacity and advance the collective agenda effectively. • KEDA staff will be encouraged to pursue appropriate professional development opportunities. • Implementation of One Kitsap requires investments in research capabilities and data acquisition & analysis. Research will include identification of best practices in other communities that can be emulated in Kitsap. Five -Year Goals & Outcomes: • Increase overall industrial and commercial inventory (25 acres), 2,500 direct (total 3,974) new jobs, decreased vacancy rate at major employers by 25% from 2022 year-end highs, up to 3% increase in Kitsap County GDP. • Forecasted $838M in new county output, $249M in new consumer spending, $28M in new local and state taxes with return on investment for ONE Kitsap public and private investors. One Kitsap I Q2 2023 Page 171 of 227 Kitsap Economic Development Alliance Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Public Hearing 6A Meeting Date: September 12, 2023 Subject: Public Hearing on Vacating City Right -of- Prepared by: Brandy Wallace, MMC Way, a Portion of an Alley off of Taylor City Clerk St and a Portion of Austin Ave Between Atty Routing No: 366922-0005 Taylor St and Smith St; Portion of Sweany Atty Review Date: September 6, 2023 St off of Sidney Ave and Most of the Alley Between Taylor St and Division St; and Portion of an Alley off of Cline St Between Sweany St and Taylor St Summary: Petitioner Kitsap County has filed a petition to vacate City rights -of -ways as the owner of the following Kitsap County Tax Parcel Nos.: Proposition #1 Alley & Street Vacates (Cline to Sidney & Division to Taylor) Label Parcel A Owner Site Address A 4239-C2-1-001-0009 Kitsap County General 614 IDP OSION ST PORT ORCHARD WA 9B366 8 4'a9-W2-014-0005 KrrSAP (MUNTY ADMINI57RA71VE SERVICES 608 SIDNEY AVE PORT ORCHARD WA 98366 C 4059-602-69-0009 Kitsap CouWy 612 SIDNEY AVE PORT ORCHARD WA 9d.366 0 4I}50-W2-007-0001 Kt7SAP COUNTY ADMINISTRATIVE SERVIC1_5 616 SIDNEY AVE PORT ORCHARD WA 98366 E 4059-002.006-0002 JKFFSAP COUNTY ADM I.4-7 RAnVE SERVICL NQ ADDRESS FOUND F 4654.063-008-6X8 Q7SAP COUlY Y C# 4ERAI K1—,AP COUNTY PUBLI : W(;R<S ? 12 SIDNEY AVE PORT ORCHARD WA 98366 G Q59.003-007-0009 k1TSAP COUNTY GENCRAL KT- W COUNTY PU13UC WOR{y N:.' ADDRESS FOUND H 4099.003-006.OM KrrSAP COUNTY ADMINISTRATIVE SERVI(ES 7-7 -AYLpR ST PQRT ORCHARD WA 999b Proposition #2A Alley Vacate (Austin to Sidney & Taylor to Half block between Smith) 1 4059-008-019-0004 Kn SAP CO-NTY ADMIN SPEWS E*2 SIDNEY AVE PORT ORCHARD WA 98366 j 4059-006.016-0005 KITSAP COUNTY " SIDNEY AVE PORT ORCHARD WA 98366 j( Q59.008-016-0007 KrTSAR COUNTY ADMIN 5ERY5 W SInNEY AvE PORT pRpiARD WA 98366 L 4059.008-001-0004 KITSi4P COUNTY GENERAL K]TSAP owNTY PUBLIC wows 706 TAYLOR 5 PORT ORCHAM) wA 98366 M 4059-00M05-0206 KFSaP COUNTY ADMIN 5ERVS BLS AUSTIN AVE PORT CNROI LARD WA 98W Proposition #28 Street Vacate (Austin Ave to half block between Smith) 4059-007-0090008 KTTSAP COLJM1ITY 520 TAYLOR ST PORT ORCHARD WA 98966 0 4059-008-00t-0103 Kr7W COUNTY AWN $( WS 702 TAYLOR ST PORT ORCHARD WA W$ P 4059-00"06-M KIT'W COUNTY ADMIN SERVS 8,9 AUSTTN AVE PORT ORCHARD WA 98366 The request is for the following: 1) a Portion of an Alley off of Taylor Street and a Portion of Austin Avenue between Taylor Street and Smith Street; Page 172 of 227 Back to Agenda Public Hearing 6A Page 2 of 2 a. approximately 9,974 square feet 2) Portion of Sweany Street off of Sidney Avenue and Most of the Alley Between Taylor Street and Division Street; a. approximately 14,838 square feet 3) Portion of an Alley off of Cline Street Between Sweany Street and Taylor Street a. Approximately 1,498 square feet The rights of way and alleys total approximately 26,310 square feet. The petitioner owns all adjoining property therefore they own more than two thirds of the abutting property, as required by RCW 35.79.010 and POMC 12.08.010. On July 25, 2023, the Council adopted Resolution No. 079-23, setting a public hearing on this petition to vacate the City's ROW. On August 18, 2023, the City posted the required public notice in two conspicuous places in the alley/street sought to be vacated and on the same day, placed a copy of the adopted Resolution in three of the most public places in the City: (1) City Hall Bulletin Board, (2) Kitsap County Administrative Building Bulletin Board, and (3) Port Orchard Library Bulletin Board. As required, notice was given to the abutting property owners, of which all are owned by the Petitioner, of the petition and the public hearing. These actions meet the posting and noticing requirements outlined in RCW 35.79.020 and POMC 12.08.020. As of today, staff has received no inquiries nor any written objections to this proposed vacation. Pursuant to RCW 35.79.020 and POMC 12.08.030(1), the Council is prohibited from proceeding with the Public Hearing if fifty percent (50%) of the abutting property owners file written objection to the proposed vacation with the Clerk, prior to the time of the hearing; therefore, with no written objections, the Council shall proceed with the Public Hearing. Staff is requesting the public hearing at this time, with proposed action to follow at a future meeting. Staff and the petitioner re working to prepare the necessary utility easements to address the City's future access to utilities and will submit the proposed vacation for approval once the easements are completed. Recommendation: Staff recommends the Mayor open the public hearing to take public testimony on the petition to vacate a portion of City rights -of -ways as described. Attachments: Petition, proposed vacated area, and legal description, and Resolution No. 079-23 Page 173 of 227 Back to Agenda City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us PETITION TO VACATE CITY RIGHT-OF-WAY APPLICATION (POMC 12.08 / Resolution No. 030-17) This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner's Name(s): Kltsap County Courthouse Mailing Address:614 Division Street, MS-4 Port Orchard WA 98366 Street City State Zip Contact Information: Karen Goon, County Administrator. 360-337-4403 kgoon@co.kitsasp.wa.us Phone Email Address of Requested Vacation: Austin Ave, between Taylor Street and Smith Street Street or nearest cross street Parcel Number of Requested Vacation: See attached Exhibit C, D & E. 1. The undersigned, owner of real property abutting upon that public street/alley described below, does hereby petition the City of Port Orchard to vacate said street/alley, described as follows (you may attach a separate sheet containing the legal description): Legal description of the requested right -of --way prepared by a licensed surveyor: See exhibit A & B. all situated in the City of Port Orchard, County of Kitsap, State of Washington; declares that this petition is supported by the signatures of the owners of more than two-thirds of the real property abutting the requested vacation area; and requests that said City Council by Resolution fix a time and place when this petition shall be heard and determined by that authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after passage of such Resolution (RCW 35.79.010) 2. State the proposed use of the vacated right-of-way: New surface parking lot to serve the new courthouse expansion and remodel. Page 1 of 3 Vacation of City Right -of -Way Application Page 174 of 227 Back to Agenda 3. Provide a map of the proposed right-of-way area to be vacated with the following information: a. Approximate width of the area to be vacated b. Approximate length of the area to be vacated c. Approximate total square footage of the area to be vacated I/We declare under penalty of perjury under the laws of the State of Washington that the foregoing information and attached documentation is true and correct, and that I/We are the true and correct owner(s) of real property abutting the requested vacation of City right-of-way. 5�nl Zz_ Signature of Applicant Date Signature of Applicant Date When submitting this application, please make sure the following requirements are completed and documents are submitted: • Support for Vacation of City Right -of -Way Petition form(s) signed by the owners of real property abutting upon the part of the street or alley sought to be vacated (these owners must, along with the Petitioner, constitute the owners of at least two-thirds of the real property abutting such area); • New legal description to include the requested right-of-way; • Documentation supporting the fair market value of the street or alley sought to be vacated, if applicable; • Documentation supporting the application of the Non -User Statute, if applicable; • Dimensions of area proposed to be vacated; • Map of the proposed right-of-way to be vacated outlined or highlighted; • Application processing fee of $120; and 0 $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon Council approval). $120 Vacation Fee Received FOR CITY CLERK'S OFFICE USE ONLY Yes No Receipt No.: $500 Vacation Appraisal Fee (Refundable Deposit) Received Yes No Support for Vacation Petition By Abutting Property Owners form(s) Received _ Public Hearing Date: Notices Posted by: Approved by the City Council Date of Noticing: Yes No Receipt No.: Yes No Page 2 of 3 Vacation of City Right -of -Way Application Page 175 of 227 Back to Agenda EXHIBIT A VACATION DESCRIPTION THAT PORTION OF AUSTIN AVENUE (AUSTIN STREET ON FACE OF PLAT) LYING ADJACENT TO LOTS 1 THROUGH 5 INCLUSIVE OF BLOCK 8, SWEANY'S ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF ALLEY LYING ADJACENT TO LOTS 1 THROUGH 5 INCLUSIVE OF BLOCK 8, SWEANY'S ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON. �ift MTN COASTLL� PROFESSIONAL LAND SURVEYORS 2320 MOTTMAN RD SW, STE 106 TUMWATER, WA 98512 360.688.1949 P� of WASHiticT� y o 29278 Pp eGISTE?r CD J� EXHIBIT A KITSAP COURTHOUSE DATE: 4/04/2022 SCALE: 1 "=80' M2C PROJECT NO.: 22-103 SHEET NO. 1 OF 2 Page 176 of 227 Back to Agenda EXHIBIT A 4 7 J � — 5 6 i S87'41'25"E 366.09 S87'41'25"E 366.09 TAYLOR ST� AREA BEING VACATED 66'X 127.8' 2C 8434 SQ. FT. — — — — — — — II 12 --- -- --- - r-,V, I W 3 o° i AREA BEING VACATED �- - �13I Q�N 12'X128.4' 1540 SQ. FT. L11J "' 10 _ 87' 14'40"E 367.07 -SMITH ST� -- AW" �F WAS, `JSfirfSTg J�� q'41 L A S IS MTN C®ASTu, PROFESSIONAL LAND SURVEYORS 2320 MOTTMAN RD SW, STE 106 TUMWATER, WA 98512 360.688.1949 SW1/4 SE1/4, SEC 26 T 24N, R 1 E, WM M2 C EXHIBIT B KITSAP COURTHOUSE DATE: 4/04/2022 SCALE: 1 "=80' M2C PROJECT NO.: 22-103 SHEET NO. 2 OF 2 Page 177 of 227 Back to Agenda EXHIBIT B-1 VACATION DESCRIPTION THAT PORTION OF SWEANY STREET LYING ADJACENT TO LOT 10, BLOCK 3 AND ADJACENT TO THE ALLEY IN BLOCK 3, SWEANY'S ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH ALL THE ALLEY IN BLOCK 2 AND THE ALLEY ADJACENT TO LOTS 6 THROUGH 9 INCLUSIVE, BLOCK 3, SWEANY'S ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON. . P °� R 29278 0 SS FGI5TER� /DNA L L ANC MTf11 EXHIBIT A CAST— KITSAP COURTHOUSE PROFESSIONAL LAND SURVEYORS DATE: 4/04/2022 2320 MOTTMAN RD SW, STE 106 SCALE: N/A TUMWATER, WA 98512 M2C PROJECT NO.: 22-103 360.688.1949 SHEET NO. 1 OF 2 Page 178 of 227 Back to Agenda EXHIBIT B-1 - - - - VISION ST 364.26 N88' 15'31 "W I AREA BEING VACATED -t--_ _ 10 1 12'X254.5' 3054 SQ. FT. I\ 2 9 + rn cri �� w S _ 8\� � I I o S,F��p 0 I l(o 4 �� 7 Z I I N _ z — AREA BEING VACATED 5 7 93334 SQ. FT. c li':�SWEANY ST 65.12 — N-88'01'06"— W VAC 0RD 887 r-- o w � J N II z 3 AREA BEING VACATED J 12'X204.2' 2450 SQ. FT. 5 S87'41'25"E 366.09 TAYLOR ST SW1/4 SE1/4, SEC 26 T 24N, R 1 E, WM MTN COAST. PROFESSIONAL LAND SURVEYORS 2320 MOTTMAN RD SW, STE 106 TUMWATER, WA 98512 360.688.1949 10 7 6 a r� f� 0k WASH! � o 978 CJGJSTfA} lAT40 S WI QI M2 C EXHIBIT B KITSAP COURTHOUSE DATE: 4/04/2022 SCALE: 1 "=100' M2C PROJ NO.: 22-103 SHEET NO. 2 OF 2 Page 179 of 227 Back to Agenda EXHIBIT B-2 VACATION DESCRIPTION THAT PORTION OF ALLEY LYING ADJACENT TO LOTS 1 THROUGH 3 INCLUSIVE OF BLOCK 4, SWEANY'S ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON. 4 �r of WASyl�c / m yP 2 G� �a'-io ifs REGI ��NA L L ANC S EXHIBIT A MTPV C$AST.. KITSAP COURTHOUSE PROFESSIONAL LAND SURVEYORS DATE: 4/18/2022 2320 MOTTMAN RD SW, STE 106 SCALE: 1 "=80' TUMWATER, WA 98512 M2C PROJECT NO.: 22-103 360-688-1949 SHEET NO. 1 OF 2 Page 180 of 227 Back to Agenda EXHIBIT B-2 — j - t -1 � t SWEANY ST - -I i 365.12 N88'01'06"W � PO ORS gal tK I o o w Of j 1 2 3 4 o LO 10 z Z i2 fl 10 9 I N AREA BEING VACATED I Q _ 10'X149.8' I 1498 SQ. FT. TAYLOR ST S87'41'25"E 366.09 V/' aF WASN�� I co b � 29278 RFG f S T E R�'� 4 /ANAL LAND S MTN COASTLLc 22 PROFESSIONAL LAND SURVEYORS 2320 MOTTMAN RD SW, STE 106 TUMWATER, WA 98512 360-688-1949 SW 1 /4 SE1 /4, SEC 2 T 24N, R 1 E, WM EXHIBIT B KITSAP COURTHOUSE DATE: 4/19/2022 SCALE: 1 "=80' M2C PROJECT NO.: SHEET NO. 2 OF 2 6 M2 C 22-103 Page 181 of 227 Back to Agenda City of Port Orchard City Clerk's Office spa..• '� 216 Prospect Street, Port Orchard, WA 98366 *'_"# ' %'_ " (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us '. _•'� www.cityofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner Seeking Vacation (Petitioner):Kltsap County Courthouse First and Last Name Contact Information: Karen Goon, County Administrator. 360-337-4403 kgoon@co.kitsasp.wa.us Phone Email Street or Nearest Cross Street of Requested Vacation: Austin Ave, between Taylor Street and Smith Stree Parcel Number of Requested Vacation: See Exhibit C, D & E Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest must sign this document. This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way petition is approved. • I/We understand I/We may be required to pay for a portion of the vacated right-of-way. Karen Goon First and Last Name (Printed) of Property Owner/Corporate Officer Managing Member No. 1 Kitsap County Courthouse Name of Corporation (if applicable) TIcnD -p- R cc�-cq Cd1 I A l !i,:� Qz (Signature and/or Title) � (mil�k�*62f First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 2 (Signature and/or Title) See Exhibit C, D Property Address Mailing Address: 614 Division Street, MS-4 Street Contact Information: 360-337-4403 Phone See Exhibit C, D Tax Parcel Number Port Orchard WA 98366 City State Zip kgoon@cie-14+-a-�s l<rI t5�+'. focJ Email Page 3 of 3 Vacation of City Right -of -Way Application Page 182 of 227 Back to Agenda lT pi m m O� a N a O� a m Ot a N a O� a 3 a a 3 3 3 3 3 3 3 3 a 3 3 a a a a < 3 u a a u x x x u x u 3 x u x x u a S x u x u 1 O x x 0 O U 0 U 0 K O 0 O 0 O U 0 0 0 0 0 0 0 � Ln a O 0K Ln 0 a 122 aSOK a � aai 0 K 0 gu' a' 2 OaS a0a a^ n <O a<< N m ry ran a G l�n f m f rii Lh E to F G VI f a ul F N F VI E t�/1 E VI E VI G G G G G Gt�, t, t; Gt� rn G G G G -° Z z Z z Z Z z Z Z z z Z Z z z Z a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 °�° G 5 G 5> G G 5 G 5 G 5 G '> G 5 G 5 G 5 G 5 G 5 G 5 G 5 G 5 G 5 o 0 0 0 0 0 0 o S o 0 0 0 0 0 0 m m m m O1 m m m rn +_+ m rn rn m m 3 3 3 3 3 3 3 3 3 3 a= a a a a s a Q Q a = 0 0 0 O GJ O O O 0 0 0 0 0 O 0 ❑ ❑ 3 0 a 0 a 0 a❑ z 0 a❑ z O w o a o a O a L 2 o a w O o O o a > I G w w w O w a O w w w w a r w a -`a z 9 a rii a �i a w L w O U a a a O z O O Z +O+ a> o a o 0 o a Q O o 0 o Q N a a D v❑ G G G a G l G G G F ¢ F F a i Q P m ry 0 ti 0 N o 0 0 0 o 0 0 o ° v L a C 3 3 0 m 3 u m u m 0 u m y- (A w N a d >. a S 4+ u u d O G1 C f g w 7 o o N O � o 41 N > > > a a > N a > C N Y Y C W W Y W W W � v Z g a w Z Z Z ¢w Z IA Z Z u to C7 ❑ E ❑ E ❑ z w z w E ❑ � 3 ❑ E ❑ z w ❑ 3 Q E ❑ z ❑ m a a s c� t� a Q a a t� a a s > ❑ z E +' > U > 8 0 > 0 > 0 > > 0 > 0 GJ > 0 > 0 > > > OU 4j U > OU O O L i+ to 3- CL tail v� vai N tail f0 t�i Val t�i t�i tan m Val tail O Y S Se k Y m Y G Y 2 Y Y Y m Y06 k G lT O t0 O0 N O O O m O0 O O O Q $ to O O a' m O 4 0 Q 0 O 0 O� 0 0 4 o Q O O Ot C� O O O O O 00 O O O� D O O �-1 0 -, 1� o 0 0 n 0 t0 o N m tD o lA O N o 0 �D 0 o 0 O 4 O 0 O 0 N 0 t+t 0 t+1 0 M o W 0 m 0 m 0 9 0 O n o tb 0 C Q U1 O 9 O Q 0 O 0 O 0 O 0 O C O O O O O O O O O C O O O O o O O O a a a O v o L 0 L L 0- .n Q Z o a Page 183 of 227 "im a44 4bjj oia-Oa ; { 008�o t fA . 1 • / - y w � 1 1 .,. �i. I I • 1 x�ai6e[j L' i a DQ rJ-J0 � �� I 1 • 1 FA OAS-D� �- 1 • 1 006.4 ,t k r 1302 Vo _ + b•a70 �i��Gr 1 • M 00 OQ7-nD - _ �y_ BOO •QO Ofi39�00 006-Ofl _ :.. 005-00 002-00 004.00 . 900 1-i # n a Dzs �-floc �f• Lei Fir �0 rI _ i — { Olt-no-D37 aii A-G�4 NMI # 3 nx i p•ba•en �n13 ca - — oos•oo Dn i in nn �.�. Die 0 ,y i "62 -04 �'rk _ P11m g"�` r �.x: � I��' GGz.g�1 zaa •1 • 1 — ! tin - ID� "� � oil'• � �� Back to Agenda z 0 z U O Z U o �¢ 0 O y ° 0 LL = O z O O agU < 0 °_ U s " paV a O Q w zQ a O n Q¢x O W U O �w �� z o > > aH �0 1S 1HOIMO — — I I IS NOMAIO 41 L 1 I I 1S ANV3MS z �.—.__j T I I 1 is ao�Avl J I I I L.�.J 1S H11 WS Z 0 `z 3 o _ is NOISIAI4 w is vav f 0 W V) 0 ry 0< 3 Uo I— U z p 0 O0 UN Z Q O �lz o ■o X W t 0 Lu U LU LU U N z Q U z U � z O o a O r 0 a w Q O Z O aVUa O map az a O OQ mow-' z0 O a z U O¢w O a �w z y z60 U� o m m a J D UQ m � o 1S iHOIMG _ 1S 1HDIM4 3 1 1J11111L_.� o I0 I z 15 NOISIMCI is NOISING I I IAr—� LU O f< LU �r w> Ca� w.. _ ,," IS ANV3M$ 1SV4 1S VOV _ I 10 - -- C— — 4- is 2OlAV1 I is 601AVI — I:i�HII0� = F �I� QTIT�77Tf�TI I I I I a I IS H11WS C-- 7S Hll�'+'. - — - _ _�_ j F—F I II a rage 187 of 2 7 Back to Agenda y ai 2� MEOW �. L1J V) 0 OQ 3 Uo S I-- U Z0 O 00 U z C/ o N V) � n v DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D Back to Agenda RESOLUTION NO. 079-23 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE DATE OF PUBLIC HEARING ON A PETITION TO VACATE CITY RIGHT OF WAY, A PORTION OF AN ALLEY OFF OF TAYLOR STREET AND A PORTION OF AUSTIN AVENUE BETWEEN TAYLOR STREET AND SMITH STREET; PORTION OF SWEANY STREET OFF OF SIDNEY AVENUE AND MOST OF THE ALLEY BETWEEN TAYLOR STREET AND DIVISION STREET; AND PORTION OF AN ALLEY OFF OF CLINE STREET BETWEEN SWEANY STREET AND TAYLOR STREET. WHEREAS, the petitioner, Kitsap County owners of the adjacent properties, submitted a petition to vacate City rights -of -way (ROW); and WHEREAS, the petition is to vacate unopened portions of allies and streets as described below: 1) a Portion of an Alley off of Taylor Street and a Portion of Austin Avenue between Taylor Street and Smith Street; a. approximately 9,974 square feet 2) Portion of Sweany Street off of Sidney Avenue and Most of the Alley Between Taylor Street and Division Street; a. approximately 14,838 square feet 3) Portion of an Alley off of Cline Street Between Sweany Street and Taylor Street a. Approximately 1,498 square feet WHEREAS, the petitioner has submitted an application, copy attached hereto as Exhibit A and incorporated herein by this reference, which meets the requirements set out in Port Orchard Municipal Code (POMC) 12.08.010, and have paid the applicable fees required by the City; and WHEREAS, the petitioner constitute the owners of more than two-thirds (2/3) of the property abutting the area proposed for vacation pursuant to RCW 35.79.010; and WHEREAS, the petitioners have requested that proceedings be had hereon for the vacation of said portion of the city right-of-way in the manner prescribed by RCW 35.79; and WHEREAS, the total proposed area for vacation is approximately 26,310 square feet, legally described as follows and depicted in the survey contained in Exhibit B hereto: PORTION OF AN ALLEY OFF OF TAYLOR STREET AND A PORTION OF AUSTIN AVENUE BETWEEN TAYLOR STREET AND SMITH STREET THAT PORTION OF AUSTIN AVENUE (AUSTIN STREET ON FACE OF PLAT) LYING ADJACENT TO LOTS 1 THROUGH 5 Page 188 of 227 DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D Back to Agenda Resolution No. 079-23 Page 2 of 3 INCLUSIVE OF BLOCK 8, SWEANY'S ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WAS HINGTON; TOGETHER WITH THAT PORTION OF ALLEY LYING ADJACENT TO LOTS 1 THROUGH 5 INCLUSIVE OF BLOCK 8, SWEANY'S ADDITION 10 SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON. PORTION OF SWEANY STREET OFF OF SIDNEY AVENUE AND MOST OF THE ALLEY BETWEEN TAYLOR STREET AND DIVISION STREET THAT PORTION OF SWEANY STREET LYING ADJACENT TO LOT io, BLOCK 3 AND ADJACENT TO THE ALLEY IN BLOCK 3, SWEANY'S ADDITION TO SIDNEY AS RECORDED IN VOLUME OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH ALL THE ALLEY IN BLOCK 2 AND THE ALLEY ADJACENT TO LOTS 6 THROUGH 9 INCLUSIVE, BLOCK 3, SWEANY's ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON. PORTION OF AN ALLEY OFF OF CLINE STREET BETWEEN SWEANY STREET AND TAYLOR STREET THAT PORTION OF ALLEY LYING ADJACENT TO LOTS 1 THROUGH 3 INCLUSIVE OF BLOCK 4, SWEANY'S ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON. WHEREAS, the street vacation is requested to be part of the Kitsap County new Courthouse expansion and remodel project; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: A Public Hearing upon said proposed street vacation shall be held in person and via the online platform Zoom on Tuesday, September 12, 2023, at 6:30 p.m., at which Page 189 of 227 DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D Back to Agenda Resolution No. 079-23 Page 3 of 3 hearing all persons interested in said street vacation are invited to appear in person or via the Zoom platform. Access information for Zoom shall be included in the notices required herein. THAT: The City Clerk is directed to post notice of the petition in three of the most public places in the city and a like notice in a conspicuous place on the street and/or alley sought to be vacated, pursuant to RCW 35.79.020. The Clerk shall also post the notice on the City's website. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 25t" day of July 2023. ATTEST: Jeni e Floyd, CMC, eputy City Clerk F DocuSigned by: b PlMaAtA SW Robert Putaansuu, Mayor J,NII 111 111f1fllll/, eORT Q"C Nx�-- 'SEAL 'do Page 190 of 227 DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D Back to Agenda City of Port Orchard �C�,/A City Clerk's Office M�), O 216 Prospect Street, Port Orchard, WA 98366 9 20 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchar .u�5"' r OF �z www.cityofporthard.us C A orcRT . -- — - - C1.ERK+S Q�RD PETITION TO VACATE CITY RIGHT-OF-WAY APPLICATION (POMC 12.08 / Resolution No. 030-17) This document is considered a public record and Is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner's Names, Kitsap County Courthouse — Mailing Address. _ 614 Division Street, MS-4 Street Port Orchard WA 98366 City v State Zip Karen Goon, County Administrator. 360-337-4403 kgoon@co.kitsasp.wa.us Contact Information: Phone Email Gt5 Austin Ave' between Taylor Street and Smith Street Address of REqueste Vacation: —a Jr -A % C � a st c t `tD 5 i ii � i a all—Stvo } Parcel Number of Requ to Vac, ion: Se attached lExhibit C, D & E. 4- C,�� C&\k_R_D5 dn 61,t- 0 \\AW -k6N b,1_ 1. The undersigned, owner of real property abutting upon that public street/alley described below, does hereby petition the City of Port Orchard to vacate said street/alley, described as follows (you may attach a separate sheet containing the legal description): Legal description of the requested right-of-way prepared by a licensed surveyor: See exhibit A & B- all situated in the City of Port Orchard, County of Kitsap, State of Washington; declares that this petition is supported by the signatures of the owners of more than two-thirds of the real property abutting the requested vacation area; and requests that said City Council by Resolution fix a time and place when this petition shall be heard and determined by that authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after passage of such Resolution (RCW 35.79.010) 9 State the proposed use of the vacated right-of-way: New surface parking lot to serve the new courthouse expansion and remodel. Page 1 of 3 Vacation of City Right -of -Way Application Page 191 of 227 DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D Back to Agenda 3. Provide a map of the proposed right-of-way area to be vacated with the following information: a. Approximate width of the area to be vacated b. Approximate length of the area to be vacated c. Approximate total square footage of the area to be vacated I/We declare under penalty of perjury under the laws of the State of Washington that the foregoing information and attached documentation is true and correct, and that I/We are the true and correct owner(s) of real property abutting the requested vacation of City right-of-way. 5�nl Zz_ Signature of Applicant Date Signature of Applicant Date When submitting this application, please make sure the following requirements are completed and documents are submitted: • Support for Vacation of City Right -of -Way Petition form(s) signed by the owners of real property abutting upon the part of the street or alley sought to be vacated (these owners must, along with the Petitioner, constitute the owners of at least two-thirds of the real property abutting such area); • New legal description to include the requested right-of-way; • Documentation supporting the fair market value of the street or alley sought to be vacated, if applicable; • Documentation supporting the application of the Non -User Statute, if applicable; • Dimensions of area proposed to be vacated; • Map of the proposed right-of-way to be vacated outlined or highlighted; • Application processing fee of $120; and 0 $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon Council approval). $120 Vacation Fee Received FOR CITY CLERK'S OFFICE USE ONLY Yes No Receipt No.: $500 Vacation Appraisal Fee (Refundable Deposit) Received Yes No Support for Vacation Petition By Abutting Property Owners form(s) Received _ Public Hearing Date: Notices Posted by: Approved by the City Council Date of Noticing: Yes No Receipt No.: Yes No Page 2 of 3 Vacation of City Right -of -Way Application Page 192 of 227 DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D Back to Agenda VACATION DESCRIPTION EXHIBIT A THAT PORTION OF AUSTIN AVENUE (AUSTIN STREET ON FACE OF PLAT) LYING ADJACENT TO LOTS 1 THROUGH 5 INCLUSIVE OF BLOCK 8, SWEANY'S ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF ALLEY LYING ADJACENT TO LOTS 1 THROUGH 5 INCLUSIVE OF BLOCK 8, SWEANY'S ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON. 0'00'0'� MTN COASTLL� PROFESSIONAL LAND SURVEYORS 2320 MOTTMAN RD SW, STE 106 TUMWATER, WA 98512 360.688.1949 P� of WASHiticT� b i m y o 29278 Pp eGISTE?r J� /COAL LAND CD EXHIBIT A KITSAP COURTHOUSE DATE: 4/04/2022 SCALE: 1 "=80' M2C PROJECT NO.: 22-103 SHEET NO. 1 OF 2 Page 193 of 227 DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D Back to Agenda EXHIBIT A 4 7 J � — 5 6 S87'41'25"E 366.09 — — — _ S87'41'25"E 366.09 TAYLOR ST� AREA BEING VACATED-, 66'X 127.8' 1 2C 8434 SQ. FT. — — — — — I I 12 33LLJ B �1 �O D P I i `� AREA BEING VACATED S I 13 Q N 12'X128.4' y_ I o 1540 SQ. FT. L11 J "' 10 Q _ 87' 14'40"E 367.07 -SMITH ST� AW" �F WAS, `JS firf5�gk J11 T '*41 A C.,L MTN COAST— »I PROFESSIONAL LAND SURVEYORS 2320 MOTTMAN RD SW, STE 106 TUMWATER, WA 98512 360.688.1949 SW1/4 SE1/4, SEC 26 T 24N, R 1 E, WM M2 C EXHIBIT B KITSAP COURTHOUSE DATE: 4/04/2022 SCALE: 1 "=80' M2C PROJECT NO.: 22-103 SHEET NO. 2 OF 2 Page 194 of 227 DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D Back to Agenda VACATION DESCRIPTION EXHIBIT B-1 THAT PORTION OF SWEANY STREET LYING ADJACENT TO LOT 10, BLOCK 3 AND ADJACENT TO THE ALLEY IN BLOCK 3, SWEANY'S ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH ALL THE ALLEY IN BLOCK 2 AND THE ALLEY ADJACENT TO LOTS 6 THROUGH 9 INCLUSIVE, BLOCK 3, SWEANY'S ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON. KITSAP A M T N 7 COASTu KITSAP COURTHOUSE PROFESSIONAL LAND SURVEYORS DATE: 4/04/2022 2320 MOTTMAN RD SW, STE 106 SCALE: N/A TUMWATER, WA 98512 M2C PROJECT NO.: 22-103 360.688.1949 SHEET NO. 1 OF 2 Page 195 of 227 DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D Back to Agenda EXHIBIT B-1 - - - - VISION ST 364.26 N88' 15'31 "W I AREA BEING VACATED —t--_ _ 10 1 12'X254.5' 3054 SQ. FT. I\ 2 9 + S _ 8 co I I 0 CO \,3OG� �tI �/ CN I 4 �� 7 Z I I N z _ AREA BEING VACATED 5 79334 SQ. FT. c li — — — (:�SWEANY ST 65.12 N88'01'06"W VAC 8870 r-- 1 0) �O I o w � � J � J N II N z 3 AREA BEING VACATED-, 12'X204.2' 2450 SQ. FT. + r} r S8T41'25"E 366.09 TAYLO R ST SW1/4 SE1/4, SEC 26 T 24N, R 1 E, WM MTN COAST. PROFESSIONAL LAND SURVEYORS 2320 MOTTMAN RD SW, STE 106 TUMWATER, WA 98512 360.688.1949 10 7 6 �rfrrY/mf4J! a r� f� 0k WASH! � c ° 978 WI QI M2 C EXHIBIT B KITSAP COURTHOUSE DATE: 4/04/2022 SCALE: 1 "=100' M2C PROJ NO.: 22-103 SHEET NO. 2 OF 2 Page 196 of 227 DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D Back to Agenda VACATION DESCRIPTION EXHIBIT B-2 THAT PORTION OF ALLEY LYING ADJACENT TO LOTS 1 THROUGH 3 INCLUSIVE OF BLOCK 4, SWEANY'S ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON. EXHIBIT A MTPV C$AST.. KITSAP COURTHOUSE PROFESSIONAL LAND SURVEYORS DATE: 4/18/2022 2320 MOTTMAN RD SW, STE 106 SCALE: 1 "=80' TUMWATER, WA 98512 M2C PROJECT NO.: 22-103 360-688-1949 SHEET NO. 1 OF 2 Page 197 of 227 DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D Back to Agenda EXHIBIT B-2 SWEANY ST 365.12 N88'01'06"W � PO ORS gal t IC Of ow 1 2 3 4 o LO - p0 I z CD -\0 Z T2 fl 10 9 I N AREA BEING VACATED I Q _ 10'X149.8' I 1498 SQ. FT. TAYLOR ST S87'41'25"E 366.09 V/' aF WASN�� I co b � 29278 RFG f S T E R�'� 4 /CNAL LAND S MTN COASTLLc 22 PROFESSIONAL LAND SURVEYORS 2320 MOTTMAN RD SW, STE 106 TUMWATER, WA 98512 360-688-1949 SW 1 /4 SE1 /4, SEC 2 T 24N, R 1 E, WM EXHIBIT B KITSAP COURTHOUSE DATE: 4/19/2022 SCALE: 1 "=80' M2C PROJECT NO.: SHEET NO. 2 OF 2 6 M2 C 22-103 Page 198 of 227 DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D Back to Agenda City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner Seeking Vacation (Petitioner):Kltsap County Courthouse First and Last Name Contact Information: Karen Goon, County Administrator. 360-337-4403 kgoon@co.kitsasp.wa.us Phone Email Street or Nearest Cross Street of Requested Vacation: Austin Ave, between Taylor Street and Smith Stree Parcel Number of Requested Vacation: See Exhibit C, D & E Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest must sign this document. This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way petition is approved. • I/We understand I/We may be required to pay for a portion of the vacated right-of-way. Karen Goon First and Last Name (Printed) of Property Owner/Corporate Officer Managing Member No. 1 Kitsap County Courthouse Name of Corporation (if applicable) TIcnD -p- R cc�-cq Cci1 I kAts !i,: O Qz (Signature and/or Title) � (mil�k�*62f First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 2 (Signature and/or Title) See Exhibit C, D Property Address Mailing Address: 614 Division Street, MS-4 Street Contact Information: 360-337-4403 Phone See Exhibit C, D Tax Parcel Number Port Orchard WA 98366 City State Zip kgoon@cie-14+-a-a's l<rI t5�+'. focJ Email Page 3 of 3 Vacation of City Right -of -Way Application Page 199 of 227 DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D Back to Agenda pt pi m m O� N O� m Ot N O� 3 a a 3 3 3 3 3 3 3 3 a 3 3 rn a a ¢ a a ❑ a a 3 u a x x ux ux ux M:a ux x u < O m x O U 0 O0 Uxa 0 0 0 a x a 0 a 12 0 Ce 0 O L g 0 F2O Im teK O n a n a^ n O a a N m ry ran rmi ran a G lTn f m f rii Lh E to z G N x 2 U1 F N VI E E VI E VI �GGGGGtnt� tl- tnG rntn InGG -° Z z Z z Z Z z Z Z z z Z Z z z Z ° a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 G G G G G G G0 G G G G G G G G G o 0 0 0 0 0 0 o S o 0 0 0 0 0 0 m m m m O1 m m m rn +_+ m rn rn m m 3 3 3 3 3 3 3 3 3 3 3 3 3 3 a= a a a a a Q Q a = r< 0 0 0 O GJ O O O 0 0 p 0 O 0 ❑ ❑ 3 LOLO tr 0 a 0 a 0 a❑ Z O a❑ Z 0 O ++ � o a 0 a 0 a 2 � o a 2 O 2 O o a G w w w o w a o w w w w a r w a z a a a w O U a a a O z O O Z +O+ a o a o 0 o a Q O o 0 o Q N a a v❑ G G G a G r G G G F ¢ F F a C Q in P m w ry m 0 Z ti N 0 Z N ry o m 0 m 0 m 0 n m 4) o to 0 n 0 m = OJ 3 > o ° v M L . K O C 0 3 0 3 3 u m u m 0 u m y- (A w N a d > a S 4+ u u d O G1 C f g w 7 o o N O o 41 N > > > a a > N a > C Gi N Y Y C W W Y W W W 41 v Z g a w Z Z Z ¢w Z IA Z Z u a C7 ❑ E ❑ E ❑ z w z w E ❑ � 3 Y ❑ E ❑ z w ❑ 3 Q E ❑ ❑ m a a a 0 tD a Q a a t� a a s > ❑ z 41 U Q u O o 8 o o O O g g OU 88 O L i+ to 3- M tan vai N tail f0 U t`i Val tail O Y Y Y k Y Y G Y Y Y � k G Qj O O O O O O O O O Q 0 0 0 0 0 0 4 o Q O O ? O O O O O CO O O D O O O o O 4 O 0 O 0 0 0 0 M 0 0 0 0 0 O O O C Q U1 O 9 m O Ot Q Ot 0 N O 0 CI O 0 d O 0 9 O T C O O d, O O k O O t, O O N O O lT C O O O tT O O lT o 6 � 0 0 0 0 0 0 O 0 0 P 0 O O O a a a o v o L O L L d .n Q o] U C w -101m:1 10. 1 d Z O n Page 200 of 227 "im a44 4bjj oia-Oa ; { 008�o t fA . 1 • / - y w � 1 1 .,. �i. I I • 1 x�ai6e[j L' i a DQ rJ-J0 � �� I 1 • 1 FA OAS-D� �- 1 • 1 006.4 ,t k r 1302 Vo _ + b•a70 �i��Gr 1 • M 00 OQ7-nD - _ �y_ BOO •QO Ofi39�00 006-Ofl _ :.. 005-00 002-00 004.00 . 900 1-i # n a Dzs �-floc �f• Lei Fir �0 rI _ i — { Olt-no-D37 aii A-G�4 NMI # 3 nx i p•ba•en �n13 ca - — oos•oo Dn i in nn �.�. Die 0 ,y i "62 -04 �'rk _ P11m g"�` r �.x: � I��' GGz.g�1 zaa •1 • 1 — ! tin - ID� "� � oil'• � �� DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D Back to Agenda z 0 z U O Z U o �¢ 0 O y ° 0 = O z O O gu a< °_ U s " paV a O OO &� z Zg z Q O n Q¢x O W U O �w �� z o > m > <H m E 6 U a m �+ 0 1 — — I I IS NOMAIO L i I I 1S ANV3MS z �.—.__j T I I is ao�Avi J I I I L.�.J iS HII WS Z 0 `z 3 o _ is NOISIAI4 w is VGV f 0 W V) 0 ry 0< 3 Uo I— U z p 0 O0 UN z Q O �Iz o ■o X W t CO 0 Lu U LU LU U N DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D Back to Agenda O z U — z O o O Y o 0 =O a w O z O O a � av< E) �a�j az a O OQ mow-' z0 O a z u 0 O¢w z y z00 on o m m afJ E�Ia �Q U m � 0 IS iHOIMG _ 1S 1HDIM4 3 1 1J11111L_.� 0 I0 I z 15 NOISIMCI IS NOISING I I IAr—� LU O f< LU w=O Ca> / w.. _ c ," 1S ANV3M$ -tea is gad _ I 1S aolAVi I is aolAVl iw1Tiii1"ii�ii%i _ — i i _ u N I F III QTIT�77Tf�TI I I I I a I 1S H11WS is H11W. — — JF 7L- I 7-7-- rage 204 of 2 7 Back to Agenda i - E INYI 1'Mai 40 -"Illus NNW 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 Subject: Adoption of an Ordinance Amendiniz the 2023-2024 Meeting Date Prepared by: September 12, 2023 Noah D. Crocker Finance Director Biennial Budget & Salary Table Atty Routing No.: 366922-0007 Atty Review Date: September 7, 2023 Summary: The City of Port Orchard Biennial Budget for 2023-2024 is written to capture revenue and expenses over the fiscal period. During the biennial period, changes to the budget in both revenue and expenditures need to be recognized by a Budget Amendment. Exhibit A of Ordinance No. 046-22, as amended by Ordinance No. 018-23, of the 2023-2024 Biennial Budget, identifies the personnel positions of the City as well as pay ranges. By this Ordinance, the City Council would amend the 2023-2024 Biennial Budget as adopted by Ordinance No. 046-22, and amended by Ordinance No. 018-23, to include the following changes to Exhibit A thereto. This Ordinance will provide the following adjustments to Exhibit A: 1) Amend Exhibit A to add 1 FTE for Plans Examiner/Building Inspector II bringing the total FTE count for this position to 2. Recommendation: The Finance Director recommends adoption of an Ordinance amending the 2023-2024 Biennial Budget, including amending Exhibit A thereto. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt an Ordinance amending the 2023-2024 Biennial Budget, as adopted by Ordinance No. 046-22 and amended Ordinance No.018-23. Fiscal Impact: $150,000/per year of additional salary and benefits to be included in the mid -biennial amendments. Alternatives: Do not authorize and provide alternative guidance Attachments: Ordinance, Exhibit A to Ordinance Page 205 of 227 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE 2023-2024 BIENNIAL BUDGET AS ADOPTED BY ORDINANCE NO. 046-22, AND AMENDED BY ORDINANCE NO. 018-23 TO RECOGNIZE EXPENDITURES AND REVENUES NOT ANTICIPATED AT THE TIME OF THE ADOPTION OF THE 2023- 2024 BIENNIAL BUDGET, INCLUDING MODIFICATIONS TO THE SALARY AND POSITIONS TABLE; PROVIDING FOR TRANSMITTAL TO STATE; PROVIDING FOR PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard adopted its 2023 — 2024 Biennial Budget by Ordinance No. 046-22, which was then amended by Ordinance No. 018-23; and WHEREAS, the City desires to keep current on budget amendments; and WHEREAS, it is necessary to make adjustments to accounts and/or funds by means of appropriation adjustments that could not have been anticipated at the time of passage of the 2023 — 2024 Biennial Budget; and WHEREAS, by this Ordinance, the City Council amends the 2023-2024 Biennial Budget to accommodate necessary adjustments as set forth herein; and WHEREAS, the City desires to amend Exhibit A to add 1 FTE for Plans Examiner/Building Inspector II bringing the total FTE count for this position to 2; and WHEREAS, the City Council has considered the proposed budget amendments and finds that amendments authorized by this Ordinance are consistent with applicable laws and financial policies, and further the public's health, safety and welfare; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The 2023-2024 Biennial Budget and enabling Ordinance No.046-22, as amended by Ordinance No. 018-23, is hereby amended to reflect the changes to Exhibit A depicted on the attachment to this Ordinance, incorporated herein by this reference. SECTION 2. Salary Schedule. The 2023 Salary Schedule for authorized positions is amended to read as set out on Attachment A hereto and adopted herein by this reference. SECTION 3. Transmittal. The City Clerk shall transmit a complete, certified copy of the amended budget as adopted to the state auditor and to the Association of Washington Cities per RCW 35.34.130. Page 206 of 227 Back to Agenda Ordinance No. Page 2 of 2 SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION S. Corrections. Upon approval of the city attorney, the city clerk and the codifiers of this ordinance are authorized to make necessary technical corrections to this ordinance, including, without limitation, the correction of clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or section/subsection numbering. SECTION 6. 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 Clerk in authentication of such passage this 12th day of September 2023. Rob Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte A. Archer, City Attorney John Clauson, Councilmember PUBLISHED: EFFECTIVE DATE: Page 207 of 227 9/6/2023 3:44 PM Personnel Position• Elected Officials Positions Wages Mayor 1 Annual 119,145.59 Council 7 Monthly 1,000 Total Elected 8.00 PositionsPersonnel City Clerk 1 48.87 56.66 Police Chief 1 72.73 84.33 Community Development Director 1 67.79 78.61 Finance Director 1 67.79 78.61 Human Resources Director 1 50.77 58.88 Public Works Director 1 64.39 74.68 Total Mayoral Direct Reports 6.00 Deputy City Clerk 1 32.95 38.19 Human Resources Specialist 1 31.40 36.41 Total Administration 2.00 Deputy Finance Director 1 50.77 58.88 Accounting Assistant 1 1 25.54 29.64 Accounting Assistant 11 4 29.72 34.46 Accounting Assistant 111 2 34.65 40.20 Accounting Assistant III / IT Specialist 1 35.90 41.62 Information Technology Manager IT Support Specialist 1 55.71 64.60 41.37 1 35.68 Total Finance/IT 11.00 Deputy Director Community Development 1 55.71 64.60 Permit Center Manager 1 38.15 44.24 Permit Tech 1 29.91 34.68 Permit Clerk 2 26.70 30.97 Permit Center Assistant 0.50 25.54 29.64 Senior Planner 2 43.31 50.22 Plans Exam iner/Building Inspector II 2 40.88 47.41 Associate Planner 1 39.24 45.51 Assistant Planner 1 31.40 36.41 Building Inspector 1 1 36.85 42.73 Code Enforcement Officer 1 1 31.40 36.41 Code Enforcement Officer 11 1 35.90 41.62 Parking Enforcement Officer 2 PT 1 28.35 32.88 Total Community Development 15.50 Municipal Court Judge 0.6 Annual 118,634.88 Municipal Court Administrator 1 50.77 58.88 Lead Clerk 1 30.64 36.62 Court Clerk 2 25.89 30.91 Total Judicial 4.60 Deputy Police Chief 1 63.37 73.51 Police Services Coordinator 1 34.47 41.17 Records Evidence Specialist 3.7 25.77 30.76 Sergeant 5 51.65 57.19 Patrol Officer 18 34.65 47.58 Total Police Department 28.70 Page 208 of 227 9/6/2023 3:44 PM Personnel Position• Personnel Positions FTE Minimum Maximum City Engineer 1 63.40 73.51 Assistant City Engineer 1 55.71 64.60 Operations Manager 1 48.87 56.66 Utility Manager 1 48.87 56.66 Utilities Compliance Specialist 1 35.90 41.62 Civil Engineer 1 1 39.24 45.51 Civil Engineer II 1 46.65 54.10 Stormwater Program Manager 1 40.88 47.41 GIS Specialist/Development Review Assistant 1 40.88 47.41 Public Works Procurement Specialist 1 38.15 44.24 Project Coordinator/inspector 1 39.24 45.51 Office Assistant II 1 26.70 30.97 Public Works Foreman 1 38.38 45.82 Mechanic 2 31.98 38.19 Electrician 1 33.92 40.51 Public Works Personnel 12 31.01 37.03 WA/SW/Storm Coordinators 3 33.33 39.79 Public Works Laborer 2 23.10 27.59 Total Public Works 33.00 Seasonal Public Works Hourly 16.22 21.63 Intern Hourly 16.22 21.63 Temporary Employee Hourly 16.22 21.63 Grand Totals Page 209 of 227 9/6/2023 3:45 PM Personnel Position• Elected Officials Positions Wages Mayor 1 Annual 119,145.59 Council 7 Monthly 1,000 Total Elected 8.00 PositionsPersonnel City Clerk 1 48.87 56.66 Police Chief 1 72.73 84.33 Community Development Director 1 67.79 78.61 Finance Director 1 67.79 78.61 Human Resources Director 1 50.77 58.88 Public Works Director 1 64.39 74.68 Total Mayoral Direct Reports 6.00 Deputy City Clerk 1 32.95 38.19 Human Resources Specialist 1 31.40 36.41 Total Administration 2.00 Deputy Finance Director 1 50.77 58.88 Accounting Assistant 1 1 25.54 29.64 Accounting Assistant 11 4 29.72 34.46 Accounting Assistant 111 2 34.65 40.20 Accounting Assistant III / IT Specialist 1 35.90 41.62 Information Technology Manager IT Support Specialist 1 55.71 64.60 41.37 1 35.68 Total Finance/IT 11.00 Deputy Director Community Development 1 55.71 64.60 Permit Center Manager 1 38.15 44.24 Permit Tech 1 29.91 34.68 Permit Clerk 2 26.70 30.97 Permit Center Assistant 0.50 25.54 29.64 Senior Planner 2 43.31 50.22 lR.speGtGF 11 4 49.88 4q-.44 Plans Examiner/Building Inspector 11 2 40.88 47.41 Associate Planner 1 39.24 45.51 Assistant Planner 1 31.40 36.41 Building Inspector 1 1 36.85 42.73 Code Enforcement Officer 1 1 31.40 36.41 Code Enforcement Officer II 1 35.90 41.62 Parking Enforcement Officer (2 PT) 1 28.35 32.88 44.40 Total Community Development 15.50 Municipal Court Judge 0.6 Annual 118,634.88 Municipal Court Administrator 1 50.77 58.88 Lead Clerk 1 30.64 36.62 Court Clerk 2 25.89 30.91 Total Judicial 4.60 Deputy Police Chief 1 63.37 73.51 Police Services Coordinator 1 34.47 41.17 Records Evidence Specialist 3.7 25.77 30.76 Sergeant 5 51.65 57.19 Patrol Officer 18 34.65 47.58 Total Police Department 28.70 Page 210 of 227 9/6/2023 3:45 PM Personnel Position• Personnel Positions FTE Minimum Maximum City Engineer 1 63.40 73.51 Assistant City Engineer 1 55.71 64.60 Operations Manager 1 48.87 56.66 Utility Manager 1 48.87 56.66 Utilities Compliance Specialist 1 35.90 41.62 Civil Engineer 1 1 39.24 45.51 Civil Engineer II 1 46.65 54.10 Stormwater Program Manager 1 40.88 47.41 GIS Specialist/Development Review Assistant 1 40.88 47.41 Public Works Procurement Specialist 1 38.15 44.24 Project Coordinator/inspector 1 39.24 45.51 Office Assistant II 1 26.70 30.97 Public Works Foreman 1 38.38 45.82 Mechanic 2 31.98 38.19 Electrician 1 33.92 40.51 Public Works Personnel 12 31.01 37.03 WA/SW/Storm Coordinators 3 33.33 39.79 Public Works Laborer 2 23.10 27.59 Total Public Works 33.00 Seasonal Public Works Hourly 16.22 21.63 Intern Hourly 16.22 21.63 Temporary Employee Hourly 16.22 21.63 Grand Totals100.80 Page 211 of 227 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 7B Agenda Staff Report Subject: Adoption of a Resolution Approving Mayoral Appointments to the Lodging Tax Advisory Committee Back to Agenda Meeting Date: September 12, 2023 Prepared by: Brandy Wallace, MMC City Clerk Atty Routing No.: Atty Review Date N/A N/A Summary: Pursuant to Port Orchard Municipal Code 2.22 and State law, the City Council shall review the membership of the Lodging Tax Advisory Committee (LTAC) annually and make appropriate changes by recommendation of the Mayor. The Mayor is recommending a representative from the following organizations/businesses to serve on the LTAC, upon Council's acceptance: A business required to collect the tax: • Mrs. Howes Bed and Breakfast. An organization involved in activities: • Port Orchard Bay Street Association. On January 25, 2022, Council adopted Resolution 016-22, appointing Councilmember Cucciardi as the Chair of the committee. Relationship to Comprehensive Plan: N/A. Recommendation: Staff recommends confirming the Mayor's recommended appointments of members, and the Chair, as presented. Motion for consideration: I move to adopt a resolution confirming the Mayor's appointment of a representative from Mrs. Howes Bed and Breakfast, as businesses required to collect the tax and Port orchard Bay Street Association as an organization involved in activities, to serve on the Lodging Tax Advisory Committee; and to re -confirm the appointment of Councilmember Cucciardi as Chair of the committee. Fiscal Impact: None. Alternatives: Deny the Mayor's recommendation and provide further direction. Attachments: Resolution and committee history. Page 212 of 227 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON CONFIRMING MAYORAL APPOINTMENTS AND CHAIR TO THE LODGING TAX ADVISORY COMMITTEE. WHEREAS, the Mayor is authorized by RCW 67.28.1817 to review the membership of the Lodging Tax Advisory Committee annually and to make changes as appropriate; and WHERAS, the Mayor has reviewed the committee membership and recommends representative from Mrs. Howes Bed and Breakfast as businesses required to collect the tax; and Port Orchard Bay Street Association as an organization involved in activities, and WHEREAS, pursuant to Resolution No. 016-22, the City Council confirmed Councilmember Cucciardi to be the chair of the Lodging Tax Committee; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council of the City of Port Orchard confirms the Mayor's recommendations for representative from Mrs. Howes Bed and Breakfast as businesses required to collect the tax, and Port Orchard Bay Street Association as an organization involved in activities, to serve on the Lodging Tax Advisory Committee. THAT: Councilmember Cucciardi is confirmed as the Chair of the committee. 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 12t" day of September 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 213 of 227 Back to Agenda City of Port Orchard Lodging Tax Advisory Committee Board Members Group 2023-2024 2022-2023 2021-2022 2020-2021 2019-2020 2018-2019 2017-2018 2016-2017 2015-2016 2014-2015 Chair Cucciardi Cucciardi Rosa e e Rosa e e Rosa e e Rosa e e Chang Chang Chang Chan Visit Kitsap Beth Javens Port Orchard Chamber Matt Murphy Matt Murphy Matt Murphy Matt Murphy Desiree Steffens Fathoms O'Fun Sharron King Jessie Turner Jessie Turner Jessie Turner Sidney Art Museum Chris Stansbury Bay St Assn POBSA Sam Smith Coreen Ha dock Bobbie Stewart Bobbi Stewart Bobbi Stewart Saints Car Club Keith Wo shnis Keith Wo shnis Keith Wo shnis Frank Graziani Kitsap Mustang Club Port of Bremerton KathyGarcia KathyGarcia Holiday Inn Comfort Inn Chan Park Chan Park Chan Park Chan Park Days Inn Marissa Siens Marissa Siens Marissa Siens Jack Edwards Jack Edwards Ste hen Saffell Vista Motel Mrs. Howe's B&B Lorraine Olse Lorraine Olsen Lorraine Olsen Lorraine Olsen Lorraine Olsen Lorrain Olsen Lorraine Olsen Lorraine Olsen Lorraine Olsen Page 214 of 227 Back to Agenda 2013-2014 2012-2013 2011-2012 2010-2011 2009-2010 2oo8-2009 2007-2oo8 2oo6-2007 2005-2oo6 2004-2005 2003-2004 Chang Chang Chang Chang Chang Chang Watt Watt Dilenno Dilenno Dilenno Kim Punt Diane Robinson Grant Griffin Grant Griffin Grant Griffin Grant Griffin Christine Daniels Desiree Steffens Sharon Pierce or Coreen Haydock Sharon Pierce or Coreen Haydock DeDe Teeters DeDe Teeters Ruth Doveland Melode'Sapp Jesse Turner Jesse Turner Al Mahaney Bob Morehouse Christine Stansbery Mary Peterson Pam Heinrich Mary Peterson Don Ran Kathleen Wilson John Ready John Ready Amanda Rudd Amanda Rudd or Mallory Jackson Amanda Rudd Frank Graziani Terry Bontra er Brian Sauer Brian Sauer Chan Park Chan Park Chan Park Chan Park Chan Park Chan Park Chan Park Maria Burns Sharon Pierce Sharon Pierce Sharon Pierce Stephen Saffell Stephen Saffell Stephen Saffell Stephen Saffell Andrea Hu es Bryan Powell John Miller Brian Powell Dick Berg Connie McGregory Connie McGregory Unknown Seung Suh Seung Suh Seung Suh Lorraine Olsen Lorraine Olsen Page 215 of 227 Back to Agenda 2002-2003 2001-2002 2000-2001 Wyatt Watt Watt Grant Griffin Grant Griffin Grant Griffin Melode' Sa Melode' Sa Melode'Sapp X Phil McCormick Sharon Pierce Sharon Pierce Sharon Pierce Ken Parks Jasdip Sohal Jasdip Sohal Jasdip Sohal Page 216 of 227 Back to Agenda � � n � EINYI i � .a w _• Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7C Adoption of a Resolution Confirming Appointment of a Public Works Director Meeting Date: September 12, 2023 Prepared by: Debbie Lund HR Director Atty Routing No.: N/A Atty Review Date: N/A Summary: Port Orchard Municipal Code Chapter 2.08 empowers the City Council to confirm mayoral appointments to several positions before the appointments can take effect. Due to employee departures, the City has recently concluded recruitment for Public Works Director, an appointive position. The Public Works Director position was vacated in July 2023. The City conducted competitive recruitment for the position. After interviews, reference and background checks, the Mayor selected applicant Denis Ryan, a candidate qualified to fill the role of Public Works Director. Mr. Ryan brings extensive experience to the position and City, most recently serving as Director of Park Services for the Peninsula Metropolitan Park District. The attached resolution provides for Council confirmation of the appointment of Denis Ryan to the position of Public Works Director. Recommendation: Staff recommends approval of the attached resolution. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt a Resolution confirming the Mayor's appointment of Denis Ryan to the position of Public Works Director." Fiscal Impact: Included in the 2023-24 budget. Alternatives: Do not approve the resolution and provide alternative guidance. Attachments: Resolution Redacted Resume of Denis Ryan Page 217 of 227 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, CONFIRMING THE APPOINTMENT OF A PUBLIC WORKS DIRECTOR. WHEREAS, the City has established the position of Public Works Director, whose duties include the overall leadership and management of the Public Works Department; and WHEREAS, Port Orchard Municipal Code Chapter 2.08 empowers the City Council to confirm mayoral appointments to the position of Public Works Director before the appointments can take effect; and WHEREAS, the employee previously appointed and confirmed to the position of Public Works Director has separated from employment with the City; and WHEREAS, the Mayor has appointed Denis Ryan as the City's new Public Works Director, subject to City Council confirmation; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: This Resolution supersedes all other Resolutions appointing individuals to the position of Public Works Director. THAT: The City Council confirms the Mayor's appointment of Denis Ryan to the position of Public Works Director. Effective, September 25, 2023, Denis Ryan is hereby appointed as the City's Public Works Director, pursuant to POMC 2.08.040 and is designated to perform all duties as specified in the Port Orchard Municipal Code and any subsequent amending ordinances and/or regulations thereto. THAT: The Resolution shall take full force and effect upon passage and signatures hereon unless a specific date is provided elsewhere in this resolution. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 121h day of September 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 218 of 227 Back to Agenda DENIS F. RYAN, CPWP-M, CPRP OBJECTIVE To create and inspire productive multi -member teams that will successfully deliver exceptional services that will exceed the needs and meet the challenges of the organization and community. EXPERIENCE DECEMBER 2021— PRESENT DIRECTOR OF PARK SERVICES, PENINSULA METROPOLITAN PARK DISTRICT As the Director of Park Services, responsible for all phases of infrastructure maintenance and construction projects while maintaining environmental compliance for a public agency. Experience includes managing multiple departments for the District including, stewardship, Volunteer Coordination, District Safety Program, Operational Maintenance, Six Year Capital Improvement Plan (CIP), Recreation Scholarship Plan, Parks & Open Space, Property Acquisition, Equipment Rental, Project Development and Management, Developing and adhering to an operating budget and understanding of public bidding requirements as defined by Washington State Administrative Code. Successful planner backed by strong credentials and a proven history. Understanding and experience with contracts, procurement, and negotiation of these agreements. Strong working understanding of labor management practices including joint labor management coordination and negotiations. SEPTEMBER 2010 — NOVEMBER 2021 PUBLIC WORKS OPERATIONS SUPERVISOR, CITY OF CAMAS As a Public Works Operations Supervisor with a proven record of success in overseeing all phases of infrastructure maintenance and construction projects while maintaining environmental compliance for a government agency. Experience includes managing multiple departments in Public Works including Safety Program, Roadway Maintenance, Street Lights, Pavement Management, Stormwater, Facility Operations, Cemetery, Parks & Open Space, Equipment Rental, local athletic league coordination, volunteer coordination and administrative staff. Developing and adhering to an operating budget and understanding of both city and county government infrastructure. Successful planner backed by strong credentials and a proven history. Understanding and experience with contracts, procurement, and negotiation of these agreements. Strong working understanding of labor management practices including joint labor management coordination and negotiations. APRIL 1997 — AUGUST 2010 PUBLIC WORKS OPERATIONS SUPERINTENDENT, CLARK COUNTY Oversaw all facets of maintenance and construction of county roads, drainage systems, and various county properties. Keys tasks included plan review, budget development and the implementation of budget. Regularly supervised three geographic maintenance crews with Page 219 of 227 Back to Agenda various skill sets which perform all maintenance of county right-of-way, including winter and other emergency response. While in this position I was a part of the team that successfully documented and applied for emergency assistance funding for damage done to infrastructure during inclement weather events. EDUCATION B.S. BUSINESS MANAGEMENT: Western Governors University Washington SKILLS HIGHLIGHTS • Project Management • Supervision and Management • Successful Grant Writing • Site Safety/OSHA Compliance • Field Design • Emergency Management • Emergency Repair Cost Recovery • Special Event Planning and Coordination • Volunteer Coordination CERTIFICATIONS & LICENSES • Athletic League Coordination/Liaison • Contract and Specification Writing • Bidding/Estimation/Proposals • Environmental Remediation • Facilities Management • Labor Bargaining • Maintenance/Asset Management • Budget Management • Certified Parks and Recreation Professional (CPRP), National Recreation and Parks Association • Certified Public Works Professional- Management (CPWP-M), APWA • Public Works Manager (PWM), Donald C. Stone for Leadership and Excellence • American Public Works Institute (90 Hour) • Project Management (CompTIA) • ADA Transition Plan & Self Evaluation For Public Right of Way (Federal Highway Commission) • Drug Alcohol Consortium Supervisor Training (Association of Washington Cities) • Workplace Violence Prevention -Supervisors (Washington Counties Risk Pool) • Cultural Diversity (Clark County) • Supervisory & Management (Washington Counties Risk Pool) • Supervisory Communications (Clark College -Washington State University) • Certified Playground Safety Inspector Training (National Recreation & Park Association) • Certified Erosion and Sediment Control Lead (Univ. of WA Professional Development) • Emergency Management (Washington Emergency Management Department) • Certified Traffic Control Supervisor (ATSSA) • Dig Safe (NUCA) • Flood Fight Operations (Washington Emergency Management Division) • Class A Commercial Driver's License (Washington ❑OL) 2 Page 220 of 227 Back to Agenda PROFESSIONAL MEMBERSHIPS National Recreation and Parks Association (NRPA) American Public Works Association (APWA) Past Chair of Government Equipment & Maintenance (GEM) VOLUNTEER AND COMMUNITY WORK • Boy Scouts of America — Assistant Scout Master Troop 565 Camas • Camas Little League — Coach • Camas Community Education —Wrestling Coach • Washington Interscholastic Athletic Association (WIAA)- Wrestling Official 3 Page 221 of 227 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of August 8, 2023 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Trenary Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Lucarelli Councilmember Rosapepe Mayor Putaansuu Present Present Present Absent Absent Present via Zoom Present Present Staff present: Interim Public Works Director J. Brown, HR Director Lund, Community Development Director Bond, City Attorney Archer, HR Director Lund, Police Chief M. Brown, City Clerk Wallace, and Deputy City Clerk Floyd. Staff present via Zoom: Finance Director Crocker The meeting streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp 00:31) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 00:56) MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to add the excusal of Councilmember Cucciardi for personal reasons, and to add a Business Item for to adopt a resolution appointing Phil Olbrechts of Olbrechts & Associated, PLLC, as Hearing Examiner. The motion carried. MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, to approve the agenda as modified. The motion carried. Page 222 of 227 Back to Agenda 3. CITIZENS COMMENTS (Time Stamp: 02:56) There were no citizen comments. 4. CONSENT AGENDA (Time Stamp: 03:30) A. Approval of Voucher Nos. 86398 through 86437 and 86446 through 86452 including bank drafts in the amount of $1,267,170.14 and EFT's in the amount of $314,721.05 totaling $1,581,891.19. B. Approval of Payroll Check Nos. 86438 through 86445 including bank drafts and EFT's in the amount of $250,729.74 and Direct Deposits in the amount of $236,719.66 totaling $487,449.40. C. Adoption of an Ordinance Amending the Boundary of the McCormick Woods Golf Cart Zone Map Referenced in POMC 10.50.020 (Ordinance No. 021-23) D. Approval of a Contract with AHBL, Inc. for On Call Planning and Development Review Services (Contract No. 067-23) E. Approval of Amendment No. 2 to Contract No. 094-21 with West Coast Code Consultants (WC-3) for Building/Fire Code Plan Review and Inspection Services F. Approval of a Lease Agreement with the Special Olympics Washington, South Kitsap Flag Football Program for Use of a Portion of Van Zee Park (Contract No. 068-23) G. Approval of the July 25, 2023, City Council Meeting Minutes H. Excusal of Councilmember Diener Due to a Personal Obligation I. Excusal of Councilmember Cucciardi Due to Personal Reasons MOTION: By Councilmember Clauson, seconded by Council member Trenary, to approve the Consent Agenda as modified. The motion carried. S. PRESENTATION A. Bethel Corridor (Time Stamp 03:51) Patrick Holm with SCJ Alliance provided a presentation on the Bethel Phase 1 Project which included the phasing strategy, corridor study, work to date for Phase 1, Blueberry 3-leg single -lane roundabout option, Salmonberry 4-leg multi -lane roundabout option, Salmonberry 4-leg single -lane roundabout option, Salmonberry 3-leg single -lane roundabout option, and conclusion. 6. PUBLIC HEARING There were no public hearings. 7. BUSINESS ITEMS A. Adoption of a Resolution Approving a Contract with Stellar J Corporation for the Marina Pump Station Improvements Project (Time Stamp 33:28) August 8, 2023, City Council Meeting Minutes Page 2 of 6 Page 223 of 227 Back to Agenda MOTION: By Councilmember Clauson, seconded by Councilmember Trenary, to adopt a resolution authorizing the Mayor to execute a contract in a form acceptable to the City Attorney with Stellar J Corporation for the Marina Pump Station Improvements Project in the amount of $14,887,944.28 (applicable tax included). The motion carried. (Resolution No. 081-23 and Contract No. 059-23) B. Adoption of a Resolution Approving a Multifamily Housing Limited Property Tax Exemption with Tom & Laurie, LLC (Time Stamp: 40:07) MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to adopt a resolution authorizing the Mayor to accept and sign a Multifamily Housing Limited Property Tax Exemption Agreement between the City and Tom & Laurie, LLC, as presented. Councilmember Chang voiced his concerns with the City's tax exemption program. The motion moved. Councilmember Chang voted no. (Resolution No. 082-23 and Resolution No. 070-23) C. Adoption of a Resolution Approving a Contract with JMG Constructors, Inc. for the McCormick Woods Well No. 11 Site Improvement Project (Time Stamp 50:35) MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt a resolution authorizing the Mayor to execute a contract in a form acceptable to the City Attorney with JMG Constructors, LLC for the McCormick Woods -Well No. 11 Site Improvement Project in the amount of $5,996,532.46 (applicable tax included). The motion carried. (Resolution No. 083-23 and Contract No. 063-23) D. Approval of Change Order No. 1 to Contract No. 040-23 with Miles Resources, LLC for the 2023 Citywide Asphalt Repair Project (Time Stamp 55:37) MOTION: By Councilmember Clauson, seconded by Councilmember Trenary, to authorize the Mayor to execute Change Order No. 1 to Contract No. C040-23 with Miles Resources, LLC for the 2023 City Wide Asphalt Repair project and to add an amount of $93,135.22 for a new contract total of $960,764.82 (applicable taxes included) for the City Wide Asphalt Repair project. The motion carried. E. Adoption of a Resolution Approving the Purchase of a Tire Changer and Tire Balancer for the Equipment Rental Revolving Fund 500 (Time Stamp 1:01:56) August 8, 2023, City Council Meeting Minutes Page 3of6 Page 224 of 227 Back to Agenda MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to adopt a resolution authorizing the purchase of a maintenance equipment in accordance with the City's Equipment Rental Revolving Fund 500 (ER&R) policies and the 2023-2024 Biennial Budget. The motion carried. (Resolution No. 084-23) F. Approval of the July 11, 2023, City Council Meeting Minutes (Time Stamp 1:05:56) MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, to approve the minutes as presented. The motion carried. New: Adoption of a Resolution Appointing Phil Olbrechts of Olbrechts & Associates, PLLC, as a Hearing Examiner (Time Stamp: 1:06:31) MOTION: By Councilmember Trenary, seconded by Councilmember Chang, to adopt a resolution confirming the appointment of Phil Olbrechts of Olbrechts & Associates, PLLC, as a Hearing Examiner for the City, and authorize the Mayor to sign an agreement for these services. The motion carried. (Resolution No. 085-23 and Contract No. 072-23) 8. DISCUSSION ITEMS (No Action to be Taken) There were no discussion items. 9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:09:36) Mayor Putaansuu reported the City received the construction schedule for the City Hall project and we will not be able to have the large Christmas tree in front of City Hall. Also, the Lodging Tax Advisory Committee is scheduled to meet in September. Councilmember Lucarelli reported the Sewer Advisory Committee is scheduled to meet in October. 10. REPORT OF MAYOR (Time Stamp 1:11:38) The Mayor reported on the following: • Permanent supportive housing. • McCormick Village Park splash pad. • In accordance with Ordinance 008-20 Delegating Authority to the Mayor for Creating and Modification of Job Descriptions, he reported on his approval of the revised job descriptions for Public Works Personnel, Assistant Planner, and the Permit Center Assistant. August 8, 2023, City Council Meeting Minutes Page 4of6 Page 225 of 227 Back to Agenda • City Hall renovations. • Crawford Road enforcement action. • Demolition of Cheers/Lighthouse site. • Old records and subservice oaths. • Read a portion of minutes from 50 years ago. 11. REPORT OF DEPARTMENT HEADS (Time Stamp 1:20:12) Interim Public Works Director J. Brown reported on a preconstruction loan/grant for Bay Street Lift Station, the Sewer Advisory Committee is scheduled to meet October 41", and provided updates on the totem pole. Community Development Director Bond reported on a pre -application meeting regarding a medical facility and office buildings near Sedgwick Road -Bravo Terrace which would include a roundabout. Police Chief Brown reported the annual police report will be available soon. City Clerk Wallace reported on an electronic lodging tax application process and a new online agenda management system. 12. CITIZEN COMMENTS (Time Stamp 1:25:26) Claudette D. provided the City with a list of citizen signatures who would like to have the redwood tree remain uncut in the neighborhood of Mitchell Avenue, and spoke to why they believe the tree should not be cut down. Finance Director Crocker reported the City has begun their audit with the State Auditor's Office and the Entrance Conference will be soon. 13. GOOD OF THE ORDER (Time Stamp 1:30:22) Councilmember Rosapepe spoke about nonpolitical signs in rights -of -way. 14. EXECUTIVE SESSION At 8:04 Mayor Putaansuu recessed the meeting for a 10-minute executive session pursuant to RCW 42.30.110(1)(i) to discuss the legal risk of a proposed action when public discussion could have adverse or legal financial consequences. City Attorney Archer and Community Development Director Bond were invited to attend, and Mayor Putaansuu announced no action will follow. At 8:14 p.m., Mayor Putaansuu extended the executive session for an additional 7 minutes. At 8:21 p.m., Mayor Putaansuu reconvened the meeting back into session. August 8, 2023, City Council Meeting Minutes Page 5 of 6 Page 226 of 227 Back to Agenda 15. ADJOURNMENT The meeting adjourned at 8:21 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor August 8, 2023, City Council Meeting Minutes Page 6 of 6 Page 227 of 227