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11/14/2023 - 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 Denis Ryan 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 November 14, 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/J/82516066173 Zoom Webinar ID: 825 1606 6173 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 an Ordinance Authorizing the Position of Office Assistant I (Lund) Page 4 D. Adoption of a Resolution Declaring Certain Personal Property as Surplus and Authorizing its Disposition Thereof (Wallace) Page 8 E. Adoption of a Resolution Granting Final Plat Approval for Riverstone (Bond) Page 11 F. Adoption of a Resolution Accepting Two Temporary Construction Easements for the Marina Pump Station Repair Protect (Ryan) Page 29 G. Adoption of a Resolution Approving the Purchase of a John Deere Backhoe from the Equipment Rental Revolving Fund 500 (Ryan) Page 42 H. Approval of the 2023 Proposed Code Amendment Docket (Bond) Page 64 I. Approval of a Contract with the Washington State Office of Public Defense for Public Defense Services (Ells) Page 67 J. Approval of a Contract with the Washington State Administrative Office of the Courts for Interpreter Funding Services (Ells) Page 84 K. Adoption of a Resolution Authorizing the Payment of Additional Moving Benefits for Venture Charters for the Bay Street Pedestrian Pathway Protect (Archer) Page 95 L. Approval of the October 24, 2023, City Council Meeting Minutes Page 108 5. PRESENTATION 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending POMC Title 9.14, Controlled Substances, in Response to Senate Bill 5536 (Archer) Page 115 B. Approval of the October 17, 2023, City Council Work Study Session Meeting Minutes Page 120 8. DISCUSSION ITEMS (No Action to be Taken) A. Holiday Good Neighbor Awards %>! : Z�] :i ��1 Y��1�L L�l Ll`��] ►�i I u l a t"I Kill." 2111113 &Q 2 u 1_\1111111 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 WILL hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. lil&ff_1lI9111:J0MU4,131111 COMMITTEE MEETINGS Date & Time 1^_1. ................. ,......... �� Economic Development and Tourism November 20, 2023; 9:30am Utilities Finance Transportation Festival of Chimes & Lights November 14, 2023; 5:00pm November 21, 2023; 5:00pm November 28, 2023; 4:30pm TBD Location Remote Access Remote Access Remote Access Remote Access Remote Access Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.portorchardwa.Lov or by contacting the City Clerk's office at (360) 876-4407. November 14, 2023, Meeting Agenda Page 2 of 3 Lodging Tax Advisory Sewer Advisory Outside Agency Committees November 15, 2023; 4:30pm TBD, 2024 February 21, 2024; 6:30pm Varies Remote Access City Hall with Remote Access West Sound utility ? Varies 1� 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.Lov or by contacting the City Clerk's office at (360) 876-4407. November 14, 2023, Meeting Agenda Page 3 of 3 Back to Agenda Agenda Item No City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 4C Meeting Date Subject: Adoption of an Ordinance Authorizing Prepared by the Position of Office Assistant I Atty Routing No. Atty Review Date November 14, 2023 Debbie Lund HR Director 366922-0008 November 7, 2023 Summary: As the City of Port Orchard continues to see substantial growth and development, existing staff is struggling to balance the workload demands of multiple simultaneous projects. In particular, the Public Works engineering department has several high visibility and important projects impacting City infrastructure that has resulted in more support time than existing staff has available. Staff's recommendation to City Council was the approval of a position of Office Assistant I. The City Council approved this new position as part of the 2023-2024 budget amendment which was adopted at the October 24, 2023 meeting. Consistent with that budget amendment, this ordinance establishes the general qualifications and duties for the new position. The Council previously adopted Ordinance 008-20, which delegates authority to the Mayor to establish and amend job descriptions, provided they are consistent with the general qualifications and duties assigned by the Council. Consistent with that authorization, the Ordinance includes a summary of general qualifications and duties for the newly proposed position. Recommendation: Staff recommends adoption of an Ordinance establishing a new position and approving the general qualifications and duties for the new position of Office Assistant I. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt an Ordinance establishing general qualifications and duties for a new position titled Office Assistant I." Fiscal Impact: Included in the 2023-2024 budget as amended. Alternatives: Do not approve the position summary and provide alternative guidance. Attachments: Ordinance and Appendix A, position summary for Office Assistant I Page 4 of 122 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, TO AUTHORIZE NEW EMPLOYEE POSITION OF OFFICE ASSISTANT I AND ESTABLISHING GENERAL QUALIFICATIONS AND DUTIES THEREOF; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard continues to see substantial growth and development; and WHEREAS, existing staff is struggling to balance the workload demands of multiple, simultaneous high priority projects; and WHEREAS, the Public Works department has a need for additional front office support to balance the increasing demands on existing staff; and WHEREAS, the City has identified specific tasks and projects that could be assigned to a newly created position; and WHEREAS, by Ordinance 029-23, the City Council amended the 2023-2024 Biennial Budget on October 24, 2023, to, among other amendments, add a newly created position in the Public Works Department of Office Assistant I and set the rate of pay; and WHEREAS, Ordinance 008-20 delegates authority to the Mayor to establish and amend job descriptions provided they are consistent with the general qualification and duties assigned by the council; and WHEREAS, a statement of the general qualifications and duties of the new job classification is attached hereto as Appendix A, and incorporated herein by reference; Now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Consistent with Ordinance No. 029-23, the City Council hereby authorizes the creation of the position of Office Assistant I with qualifications and duties as generally provided for in Appendix A. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other Page 5 of 122 Back to Agenda Ordinance No. section, sentence, clause or phrase of this Ordinance. Page 2 of 2 SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. 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 1411 day of November 2023. Robert 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 6 of 122 Back to Agenda Appendix A New Position General Duties and Qualifications As of 11/01/2023 Position Office Assistant I Department Public Works Development Mayor Job Function and Purpose This is an entry-level position that performs a range of clerical, customer service, and reception duties as needed to keep the Public Works Department operating efficiently. General Function The Office Assistant I provides assistance in the areas of administrative support services, records management, risk management, purchasing, and data entry to support the Public Works Department. Minimum Qualifications Include* High School Diploma or GED and one (1) year of experience in an office setting are required. Valid driver's license required upon hire. Out of state candidates are required to obtain a WA state driver's license in accordance with state law. Ordinance 008-20 delegates authority to the Mayor to establish and amend job description as needed provided they are consistent with general qualifications and duties assigned by the City Council at the time the position is created by Council. 10768751.1 - 366922 - 0001 Page 7 of 122 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Aeenda Staff Resort Agenda Item No.: Consent Agenda 4D Meeting Date Subject: Adoption of a Resolution Declaring Certain Prepared by Personal Property as Surplus and Authorizing its Disposition Thereof Atty Routing No. Atty Review Date Back to Agenda November 14, 2023 Brandy Wallace, MMC City Clerk N/A N/A Summary: Assets of the City that are no longer useable, are no longer of value to the City, or are surplus to City needs, may be removed from City ownership, sold, or in any other way disposed with a declaration of surplus by the City Council. Staff is asking the Council to surplus a 1997 Vac Con Truck belonging to the Sewer Fund. ■ 1997 Vac Con Truck VIN# 1FDZW86F6WVA23192 The item has reached its useful life for the department and has been replaced with the purchase of a new Vac Con Truck. This truck is still in working condition. The Finance department has estimated the current value of the property to be $2,000. As the items was acquired for public utility purposes, a public hearing is not required, pursuant to RCW 35.94.040(2) as it is under the required dollar threshold to do so. Although the City's internal asset value of the item has 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, a 1997 Vac Con Truck belonging to the Sewer Fund as presented, as surplus and authorizing its disposition. Fiscal Impact: Money received from the disposition of surplus items will be deposited into the Fund(s) of ownership. Alternatives: Do not adopt. Attachments: Resolution and Memo from Finance Page 8 of 122 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS AND AUTHORIZING ITS 41Mae1,9111WI,am: [Xg0l9 WHEREAS, certain personal property owned by the Sewer Fund of the City of Port Orchard has become surplus to the needs of the City; and WHEREAS, the City Council has determined that the current asset value of the item as $2,000; and WHEREAS, the item was acquired for public utility purposes, a public hearing is not required, pursuant to RCW 35.94.040(2) as it is under the required dollar threshold to do so.; 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 a 1997 Vac Con Truck belonging to the Sewer Fund, in the best interest of the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Council declares the vehicle belonging to the Sewer Fund as surplus to the needs of the City. It is as follows: ■ 1997 Vac Con Truck VIN# 1FDZW86F6WVA23192 Staff is instructed to dispose the item 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 141" day of November 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 9 of 122 Back to Agenda CITY OF PORT ORCHARD Finance Department 21.6 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4407 • Fax: (36o) 895-9029 www.cityofportorchard.us Date:11/6/23 To: Brandy Wallace, City Clerk From: Gretchen Isaksson, ER&R Manager RE: Surplus Vac Con Truck ER&R# 1059 Summary: The 2023 / 2024 approved budget for ER&R scheduled a replacement be purchased for ER&R# 1059. This Vac Con Truck has exceeded its useful life and has been replaced with the purchase of a new Vac Con Truck. The new truck was received and is now in service. Please request council to surplus the following: ER&R# 1059 1997 Vac Con Truck Vin# 1 FDZW86F6WVA23192 Page 10 of 122 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 4E Meeting Date Adoption of a Resolution Granting Final Prepared by Plat Approval for Riverstone Atty Routing No. Atty Review Date Back to Agenda November 14, 2023 Nick Bond, AICP DCD Director N/A N/A Summary: On April 25, 2023, Kitsap County Consolidated Housing submitted an application for final plat approval for the Riverstone project. The City of Port Orchard Hearing Examiner granted preliminary plat approval with conditions on March 23, 2021. Subsequently, the Hearing Examiner approved a request for preliminary plat modification on December 20, 2021. A Determination of Non -Significance for the project was issued on December 23, 2020. The final plat creates 39 single-family residential lots and 6 tracts, consisting of common open space, recreational space and shared access which is consistent with the conditions established by the March 23, 2021 Preliminary Plat Decision. The applicant has installed roadway illumination, roads, sidewalks, water and sewer, and storm drainage improvements, and the City has received acceptable bonds guaranteeing completion of landscaping improvements not yet completed. Streets within this final plat are for public use and will be accepted into the City's road system. Recommendation: Staff recommends that the City Council Adopt a resolution, granting approval of the final plat of Plat of Riverstone. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for Riverstone. Fiscal Impact: Income from building permit fees, ongoing maintenance of public infrastructure. Alternatives: Do not approve the final plat. Attachments: Resolution, Plat map, Department of Community Development Approval Letter, Public Works Approval Letter, Landscaping Performance Bond, and Bill of Sale Page 11 of 122 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR A 39-LOT AND 6-TRACT PLAT KNOWN AS RIVERSTONE. WHEREAS, property owner Kitsap County Consolidated Housing (hereinafter "Applicant"), has submitted an application for final plat approval of the project known as Riverstone on undeveloped property located in the City of Port Orchard (hereinafter "the Property"); and WHEREAS, in 2020, the Applicant submitted an application for preliminary plat approval for Riverstone to subdivide 7.65 acres into 39 single-family lots and six related tracts; and WHEREAS, on March 13, 2021, after a duly -noticed public hearing to review the proposed development, the City of Port Orchard Hearing Examiner approved the Preliminary Plat for Riverstone; and WHEREAS, on April 25, 2023 the Applicant submitted an application seeking final plat approval for Riverstone, for the subdivision of 39 single-family residential lots, 6 tracts, and public right-of-way; and WHEREAS, City staff has reviewed the proposed final plat for compliance with the Port Orchard Municipal Code, and recommends approval subject to adequate bonding/securities in place to ensure the completion of remaining work in the event the Applicant should fail to comply with the terms of the preliminary plat approval; and WHEREAS, the Director of Public Works has determined that the proposed means of sewage disposal and water supply are adequate as constructed or bonded, and recommends approval of the final plat; and WHEREAS, the City Engineer recommends approval of the final plat; and WHEREAS, the City Community Development Director recommends approval of the final plat; and WHEREAS, the Applicant has secured bonds guaranteeing completion of certain improvements required by the Preliminary Plat Approval; and WHEREAS, the City Council finds that the Riverstone Final Plat conforms to all terms and conditions of the preliminary plat approval, as approved by the Hearing Examiner, and that said subdivision meets the requirements of Chapter 58.17 RCW and other applicable state laws and local ordinances; and WHEREAS, the City Council finds that the Riverstone Final Plat conforms to the applicable zoning requirements and Port Orchard's Comprehensive Plan; now, therefore; Page 12 of 122 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 this Resolution. THAT: The Port Orchard City Council approves the final plat for Riverstone, as illustrated and as legally described in Exhibit A, attached hereto; and THAT: The Riverstone subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval, unless the City Council finds that a change in conditions has created a serious threat to the public health or safety in the subdivision. THAT: The 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 1411 day of November 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 13 of 122 LU23—FINAL PLAT-02 Back to Agenda RIVERSTONE Sheet 1 of 5 DEDICATION A PLAT COMMUNITY Portion of the North Half of the Southeast Quarter Section 35, Township 24 North, Range 1 East, W.M. in the City of Port Orchard, Kitsap County, Washington THE UNDERSIGNED OWNER OR OWNERS OF THE INTEREST IN THE REAL ESTATE DESCRIBED HEREIN HEREBY DECLARE THIS MAP AND DEDICATE THE SAME FOR A COMMON INTEREST COMMUNITY NAMED RIVERSTONE, A PLAT COMMUNITY, AS THAT TERM IS DEFINED IN THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT, SOLELY TO MEET THE REQUIREMENTS OF THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT AND NOT FOR ANY PUBLIC PURPOSE. THIS MAP AND ANY PORTION THEREOF IS RESTRICTED BY LAW AND THE DECLARATION FOR RIVERSTONE, A PLAT COMMUNITY, RECORDED UNDER KITSAP COUNTY RECORDING NO. KNOW ALL PERSONS BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS IN THE FEE SIMPLE OR CONTRACT PURCHASER AND MORTGAGE HOLDER OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES AND RIGHTS OF WAY SHOWN HEREON AND USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING OF THE STREETS AND AVENUES SHOWN HEREON. THE UNDERSIGNED OWNERS HEREBY WAIVE ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY WHICH MAY BE OCCASIONED TO THE ADJACENT LAND BY THE ESTABLISHED CONSTRUCTION, DRAINAGE AND MAINTENANCE OF SAID ROADS. DIMENSIONS AND USES OF ALL LOTS AND TRACTS OF LAND EMBRACED IN THIS PLAT ARE SUBJECT TO AND SHALL BE IN CONFORMITY WITH THE CITY OF PORT ORCHARD ZONING REGULATIONS. TRACTS A, B, C, D, E, AND F SHALL BE CONVEYED TO RIVERSTONE HOMEOWNERS ASSOCIATION UPON RECORDATION OF THIS PLAT. THIS SUBDIVISION HAS BEEN MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE OWNERS. IN WITNESS WHEREOF WE HAVE HEREUNTO SET OUR HANDS AND SEALS. MANAGER, KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY STATE OF WASHINGTON ) ) SS. COUNTY OF ) ACKNOWLEDGMENTS ON THIS DAY OF , BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED , TO ME KNOWN TO BE A MEMBER OF THE ENTITY DESCRIBED HEREIN AND WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT HE SIGNED THE SAME AS HIS FREE AND VOLUNTARY ACT AND DEED, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT. SIGNED AND SWORN BEFORE ME ON THIS DAY OF , 20 NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT: , MY COMMISSION EXPIRES: , SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF KITSAP COUNTY CONSOLIDATED HOUSING IN OCTOBER, 2023. 1 HEREBY CERTIFY THAT THIS MAP FOR RIVERSTONE, A PLAT COMMUNITY, IS BASED UPON AN ACTUAL SURVEY OF THE PROPERTY HEREIN DESCRIBED; THAT THE BEARINGS AND DISTANCES ARE CORRECTLY SHOWN; THAT ALL INFORMATION REQUIRED BY THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT IS SUPPLIED HEREIN; AND THAT ALL HORIZONTAL AND VERTICAL BOUNDARIES OF THE UNITS, TO THE EXTENT SUCH BOUNDARIES ARE NOT DEFINED BY PHYSICAL MONUMENTS, SUCH BOUNDARIES ARE SHOWN ON THE MAP. DAVID H. MYHILL, P.L.S. No. 49284 STATE OF WASHINGTON ) ) SS. COUNTY OF ) SURVEYOR'S ACKNOWLEDGMENT I CERTIFY THAT I KNOW OR HAVE SATISFACTORY KNOWLEDGE THAT DAVID H. MYHILL IS THE PERSON WHO APPEARED BEFORE ME, ACKNOWLEDGED THAT HE SIGNED THIS INSTRUMENT, AND ACKNOWLEDGED THAT HE SIGNED THE SAME AS HIS FREE AND VOLUNTARY ACT, FOR THE USES AND PURPOSES THEREIN MENTIONED IN THIS INSTRUMENT. SIGNED AND SWORN BEFORE ME ON THIS DAY OF NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT: MY COMMISSION EXPIRES: , 20 APPROVALS COUNTY TREASURER APPROVAL: THIS TO CERTIFY THAT ALL TAXES HERETOFORE LEVIED AND WHICH HAVE BECOME A LIEN UPON THE LANDS HEREIN DESCRIBED, HAVE BEEN FULLY PAID AND DISCHARGED, ACCORDING TO THE RECORDS OF MY OFFICE, UP TO AND INCLUDING THE YEAR EXECUTED THIS DAY OF , 20 KITSAP COUNTY TREASURER CITY FINANCE DIRECTOR APPROVAL: I HEREBY CERTIFY THAT ALL TAXES AND DELINQUENT ASSESSMENTS FOR WHICH THE PROPERTY MAY BE LIABLE AS OF THE DATE OF CERTIFICATION HAVE BEEN DULY PAID, SATISFIED OR DISCHARGED. EXECUTED THIS DAY OF , 20 . FINANCE DIRECTOR CITY COUNCIL APPROVAL: APPROVED BY THE CITY COUNCIL OF PORT ORCHARD ON THIS DAY OF 20 — ATTEST: CITY CLERK MAYOR CITY ENGINEER APPROVAL: I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF THE PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE LAYOUT OF THE STREETS, ALLEYS AND OTHER RIGHT OF WAYS, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED BY ME THIS DAY OF 20 CITY ENGINEER. COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL: I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE CITY IMPROVEMENT REQUIREMENTS IN FORCE ON THE DATE OF THE PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE LAYOUT OF THE STREETS, ALLEYS AND OTHER RIGHT OF WAYS, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED THIS DAY OF 20 COMMUNITY DEVELOPMENT DIRECTOR RECORDING CERTIFICATE FILED FOR RECORD AT THE REQUEST OF ON THIS DAY OF 20—, A.D., AT MINUTES PAST O'CLOCK M. AND RECORDED IN VOLUME OF PLATS, PAGES , RECORDS OF KITSAP COUNTY, WASHINGTON. KITSAP COUNTY AUDITOR SHEET INDEX DEPUTY SHEET 1 — SIGNATURE PAGE Ak SHEET 2 — SECTION DETAIL, LEGAL DESCRIPTION, ZONING AND SETBACK NOTES, L-i N.L. Olson & Associates, Inc. SURVEY SHEET NOTES AND SPECIAL EXCEPTION NOTES 3 — LOT DETAIL OF THE SOUTHEASTERLY PORTION OF SITE Engineering, Planning and Surveying SHEET 4 — LOT DETAIL OF THE NORTHWESTERLY PORTION OF SITE, EASEMENT (360) 895-2350 or (360) 876-2284 PROVISIONS, AND IMPERVIOUS AREA ALLOW TABLE AND NOTES 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 SHEET 5 — BUILDING SETBACK DETAIL Project #12089 Back to Agenda LU23—FINAL PLAT-02 RIVERSTONE Sheet 2 of 5 A PLAT COMMUNITY Portion of the North Half of the Southeast Quarter Section 35, Township 24 North, Range 1 East, W.M. in the City of Port Orchard, Kitsap County, Washington SECTION BREAKDOWN 1 " = 1000' 2" IRON PIPE WITH PLUG AND TACK WITNESS CORNER, 3.5" BRASS DISC DNR S 89°57'05" E E LAST VISITED 2019 ---------------- __ S 86'25'08" MONUMENT 0.5' UP & 2644.97' ---___ S 88°12'26" E --�— ORANGE DNR WITNESS ---- POST, LAST VISITED :COPPER N2606.87' AIL IN 2521.84' 5-2020 I (CONCRETE DOWN 18" AT I 4%4" CONCRETE MONUMENT BASE OF TREE, LAST WITH COPPER NAIL CENTERPOINT ' VISITED 5-2020 DOWN 2.1', LAST VISITED I I I 12-2019 w' L �' O, oiM I� � dl i� � M 0 N z jN N� (0 0 I I N 04 I SCALE: 1 "= 1000' i I 3.5" BRASS DISC COUNTY REFERENCE MARK S IN CASE/COVER 0.75' BELOW SURFACE. 1' ---- S 8T59'25'_ E -__ mow¢ �� S 87°59'25" E2600_.15' __ 3" BRASS DISK KITSAP COUNTY EAST OF C/L POTTERY AVE. NO VISIBLE 2631.46' �� ° 1300.08' T MONUMENT IN CASE/COVER ON WEST w REFERENCE MARKS. LAST VISITED 5-2020 I I SHOULDER OF BETHEL AVE., --------------------i LAST VISITED 5-2020 `U M I -------- ---------- NE CORNER crSW 1/4, SE 1/4 w----------� C° S 88°02'58" E ------ t: cO N I 1298.85' i I coo ---- 3- - - - - - - - - -F N o, N I PARCEL 1 co PARCEL 2 -- I o I Ki w r =o 3.5" BRASS DISK COUNTY REFERENCEMARK IN CASE COVER IN WEST 1/2 OF O •_ N ---------CENTER 2-WAY LANE. NO VISIBLE 2620.33' ____ 1298.12' z rKITSAP COUNTY MON/CASE IN -------- _ REFERENCES, LAST VISITED 5-2020 N 87°33'30" W ----- ---- INTERSECTION OF BETHEL/LUND N 88°06'32" W 2596.24' LAST VISITED 1-2021 3.5" BRASS DISK COUNTY N 194706.60 REFERENCE MARK SEE L.C.R. AFN E 1196222.82 9207280119 FOR CORNER HISTORY AND ACCESSORY INFORMATION, VISITED 3-2022 LEGAL DESCRIPTION: PARCEL 1: THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE FOLLOWING: BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PROPERTY: THENCE NORTH 88°05'47" WEST A DISTANCE OF 103.97 FEET ALONG THE SOUTH LINE; THENCE NORTH 38°08'10" WEST A DISTANCE OF 349.05 FEET TO THE WEST LINE; THENCE NORTH 01°04'54" EAST ALONG SAID WEST LINE A DISTANCE OF 126.53; THENCE SOUTH 38°08'10" EAST A DISTANCE OF 513.48 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT SE LUND AVENUE; ALSO EXCEPT THAT PORTION LYING SOUTHWESTERLY OF PORT ORCHARD BYPASS (AKA SE LUND AVENUE). PARCEL 2: LOT B, SHORT PLAT NO. 6145, RECORDED UNDER AUDITOR'S FILE NO. 9206100262 AND 9206100265, BEING A PORTION OF LOT 11, PORT ORCHARD VILLA TRACTS, AS RECORDED IN VOLUME 4, PAGE 100 OF PLATS, RECORDS OF KITSAP COUNTY, WASHINGTON RIGHT OF WAY NARRATIVE: THE RIGHT OF WAY AND CENTERLINE FOR SE LUND AVENUE WAS CALCULATED AS FOLLOWS: THE FOUND CENTERLINE PT MONUMENT AS SHOWN OF SHEET 3 OF THE PLAT OF RIVERSTONE WAS HELD FOR THE CENTERLINE OF SAID ROAD. NO MONUMENT WAS FOUND MONUMENT AT THE NORTHERLY END OF THE CENTERLINE TANGENT. A MONUMENT WAS FOUND AT THE SOUTHWEST CORNER OF THE PLAT OF ARCHER POINT, SEE SHEET 3. THIS MONUMENT WAS SET ON THE NORTHEASTERLY RIGHT OF WAY LINE PER SAID PLAT AND WAS HELD FOR SAID RIGHT OF WAY LINE FOR THIS PLAT OF RIVERSTONE. BOTH MONUMENTS WERE THEN UTILIZED TO CALCULATE THE CENTERLINE AND THE RIGHT OF WAY FOR SE LUND AVENUE. PRACTICEZPROCEDURES SP80 GPS AND TSC7 DATA COLLECTOR USED FOR GPS TIES TO SURVEY CONTROL. CONVENTIONAL SURVEY WAS PERFORMED BY FIELD TRAVERSE WITH A SPECTRA PRECISION FOCUS 35 TOTAL STATION. FINAL RESULTS MEETING OR EXCEEDING THE CURRENT TRAVERSE STANDARDS CONTAINED IN W.A.C. 332-130-090. 9N1*•'1 1. HORIZONTAL DATUM: NAD 83/2011 (WA NORTH ZONE). ALL DISTANCES SHOWN HEREON ARE GROUND DISTANCES. THE ONLY STATE PLANE COORDINATE "ON GRID" IS THE BASIS OF POSITION. 2. VERTICAL DATUM: NAVD88 3. TIES TO DATUM WERE ESTABLISHED BY GNSS OBSERVATIONS USING THE WASHINGTON STATE REFERENCE NETWORK AND GEOIDI2B. SEE MAP FOR BENCHMARKS. 4. REFERENCES: A. A.L.T.A. COMMITMENT ORDER NO.: 1-511965 ISSUED BY PACIFIC NORTHWEST TITLE OF KITSAP COUNTY (PNWT), DATED 04/21/2022, B. OLD REPUBLIC NATIONAL TITLE (ORNT) SUBDIVISION GUARANTEE NO.: SGW-08006334, ISSUED BY PNWT, FILE NO.:1-515189, EFFECTIVE APRIL 19, 2023. C. DATE DOWN ORTN ENDORSEMENT ISSUED PNWT, OCTOBER 13, 2023. 5. REFERENCES: ALL AUDITOR'S RECORDS OF KITSAP COUNTY, WA.: A. DEEDS: STATUTORY WARRANTY DEED AFN 202112210165; RIGHT OF WAY AFN 9206100174; DEED OF TRUST, AFN 202112210166 B. SHORT PLAT 6145, AFN 9206100265 C. PLATS: PORT ORCHARD VILLA TRACTS, AFN 124945; ARCHER POINT AFN 200908120043 6. REFERENCE: PORT ORCHARD BYPASS - SR 16 TO BETHEL ROAD PLAN AND PROFILE SHEETS 11 THROUGH 18 OF 31, PRINTED APRIL 23, 1992. 7. THIS PLAT IS SUBJECT TO THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS AS RECORDED UNDER AUDITOR'S FILE NUMBER RECORDS OF KITSAP COUNTY, WASHINGTON. 8. SET MAGNETIC NAIL AND WASHER, LS 49284 IN ASPHALT AT 6' OFFSET TO ACTUAL CORNER ON THE WESTERLY PROJECTION OF THE LINE COMMON TO LOTS 29 AND 30. UNABLE TO SET CORNER AT ACTUAL CORNER LOCATION OR OFFSET CLOSER TO ACTUAL CORNER LOCATION BECAUSE OF RETAINING WALLS. CONDITIONS OF APPROVAL: THESE NOTES ARE REQUIRED BY THE HEARING EXAMINER FOR APPROVAL OF THE PLAT ACCORDING TO THE DECISION BY ANDREW REEVES, MARCH 2O21, RIVERSTONE PRELIMINARY PLAT NO. LU-20PLAT PRELIM-01: 1. ALL LOTS SHALL ACCESS FROM INTERIOR ROADS ONLY. 2. OWNERSHIP AND MAINTENANCE OF TRACTS: TRACTS A, C, AND F ARE OPEN SPACE AND RECREATIONAL TRACTS DEDICATED TO THE RIVERSTONE HOMEOWNERS ASSOCIATION BY THIS PLAT, TO BE OWNED AND MAINTAINED BY SAID ASSOCIATION. TRACTS B, D, AND E ARE STORM TRACTS DEDICATED TO THE RIVERSTONE HOMEOWNERS ASSOCIATION BY THIS PLAT, TO BE OWNED AND MAINTAINED BY SAID ASSOCIATION. TREMONT ST SE LUNDBERG Q R D 00 G O v' SITE Q C� m =o VICINITY MAP SCALE: 1 "=800' SE LUND ST 0-91 Q 11W64NiWel�l_1:UN11 2 11 : $ OLD REPUBLIC NATIONAL TITLE (ORNT) SUBDIVISION GUARANTEE NO.: SGW-08006334, PACIFIC NORTHWEST TITLE FILE NO.:1-515189, EFFECTIVE APRIL 19, 2023, AND DATE DOWN ENDORSEMENT ISSUED BY ORNT OCTOBER 13, 2023. TITLE VESTED IN KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY, DBA HOUSING KITSAP DATE DOWN ENDORSEMENT IS SUBJECT TO THE EASEMENT RECORDED UNDER AFN 202310110069, WHICH IS SHOWN HEREON AS THE AREAS SUBJECT TO EASEMENT(S) BENEFITING THE WEST SOUND UTILITY DISTRICT. SCHEDULE 'B' EXCEPTIONS: 1. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF PORT ORCHARD VILLA TRACTS, AFN 124945. CANNOT BE PLOTTED HEREON. 2. PSE EASEMENT FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINE, AND NECESSARY APPURTENANCES, AFN 398023. THE DESCRIPTION CONTAINED THEREIN IS INSUFFICIENT TO SPECIFICALLY LOCATE SAID EASEMENT, CANNOT BE PLOTTED HEREON. 3. SLOPE EASEMENT, AFN 8309060136, PLOTTED ON SHEET 3. 4. SLOPE EASEMENT, AFN 8309200108, PLOTTED HEREON. PLOTTED ON SHEET 3. 5. PSE EASEMENT FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINE, AND NECESSARY APPURTENANCES, AFN 9403020039. THE DESCRIPTION CONTAINED THEREIN IS INSUFFICIENT TO SPECIFICALLY LOCATE SAID EASEMENT. CANNOT BE PLOTTED HEREON. 6. PSE EASEMENT FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINE, AND NECESSARY APPURTENANCES, AFN 202203300223. CANNOT BE PLOTTED HEREON. 7. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND MATTERS DELINEATED, DESCRIBED, AND NOTED, IF ANY, IN SHORT PLAT: AFN 9206100262 AND 9206100265. SHOWN HEREON. 8. 10' CONVEYED TO KITSAP COUNTY RIGHT OF WAY OF HAROLD DRIVE SE. PER RIGHT OF WAY DEED AFN 9206100174. SUBJECT TO WAIVER OF DAMAGES FOR CONSTRUCTION OF A ROADWAY AND THE RIGHT TO MAKE NECESSARY CUTS OR FILLS FOR SLOPES. SHOWN HEREON. 9. SEWER LINE EASEMENT AFN 200602210109, PLOTTED ON SHEET 3. 10-14. FISCAL IN NATURE, NOT SHOWN HEREON. 15. ALTA SURVEY BY NLO 5/23/2022. SHOWN HEREON. ADDITIONAL TITLE REPORT NOTE: A.L.T.A. COMMITMENT ORDER NO.: 1-51 1965 ISSUED BY PACIFIC NORTHWEST TITLE OF KITSAP COUNTY (PNWT), DATED 04/21 /2022, INCLUDES ONE ADDITIONAL ITEM AS AN EXCEPTION: BASED ON INFORMATION PROVIDED TO THE COMPANY, THE FOLLOWING PERSONS ARE AUTHORIZED TO EXECUTE THE FORTHCOMING INSTRUMENTS ON BEHALF OF HOUSING KITSAP, A WASHINGTON CORPORATION: HEATHER SLOUGH, EXECUTIVE DIRECTOR. DEAN NAIL, SINGLE FAMILY HOUSING DIRECTOR �- ZONING AND SETBACK NOTES: PARCEL 1 (352401-4-019-2007) ZONE: RESIDENTIAL 2 (R2) SETBACKS: FRONT (PRIMARY STREET) = 10' SIDE = 5' SIDE STREET = 10' REAR = 10' PARCEL 2 (4625-000-011-0202) ZONE: RESIDENTIAL 3 (R3) SETBACKS: FRONT (PRIMARY STREET) = 10' SIDE = 5' SIDE STREET = 10' REAR = 10' 1000 0 1000 2000 Scale in Feet =�& N.L. Olson & Associates, Inc. Engineering, Planning and Surveying (360) 895-2350 or (360) 876-2284 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 Project #12089 Back to Agenda LU23-FINAL PLAT-02 RIVERSTONE Sheet 3 of 5 A PLAT COMMUNITY Portion of the North Half of the Southeast Quarter Section 35, Township 24 North, Range 1 East, W.M. ' N� 27 0 _ _ in the Cityof Port Orchard Kitsa Count Washington \- LO 4625 000 012-0706 p Y� g US E 1065 Mi /( N 7��45 36LOSET MAGNETIC NAIL AND WASHER, FOUND 5/8" REBAR CAP ACCESS AND UTILITY N 88°53'20" W / / LS 49284 IN ASPHALT AT 6' EASEMENTS BENEFITING I ° KE 14065, 0.5' N. OF OFFSET TO ACTUAL CORNER. SEWER AND WATER LOTS 34, 35, 36 AND 37, 1'OS 87 90 CALCULATED POSITION SEE NOTE 8, SHEET 2. EASEMENT BENEFITING SEE EASEMENT PROVISION PEDESTRIAN ACCESS LOTS 28 AND 29, SEE NOTE A2 ON SHEET 4 p �� F' �nP�`(��, TRACT C 00 RIGHT OF WAY N 88°03'13" W EASEMENT ASEME ON TPROVISION O IISIONEET 4 SEWER EASEMENT TO I FOUND 3/4" IRON PIPE OPEN SPACE 442.23'(C) 442.21'(R&A) WEST SOUND UTILITY C13 AND CAP LS 4217, 0.8' N. cV 94.93' DISTRICT OF CALCULATED POSITION 4625-000-012-0201 10' 109.42' 1 15.1 1 ' 20' 20' w N 01 °56'00" E 5 0 0 1 12.77' - �� 50.31 ' 1 145 1247 w \ \� O 28 ,n O 35 20' iv FOUND 5/8" IRON PIPE AND CAP LS O S \ TRACT B °^' v 14065 0.1' NORTH OF CALCULATED _ 0 N 88°03'59" W 1251 36 POSITION, FENCE CORNER IS 0.3' W I » > o. `r ter' \ \ 0 00 0 LO N 88'03'59" W 94.44' z in \\ TRACT D \ A 0 06 STORM 100.10' N 88'03'59" W o 6 EAST OF PROPERTY CORNER SCALE: 1 = 50 \ STORM 1'OS O z rn ACCESS AND UTILITIES 1155 10' 60� z FENCE CROSSES PROPERTY LINE bi \ 1 A h EASEMENT BENEFITING 98.44' LOTS 28 AND 29, SEE 129 0 1231 34 0 63.6' SOUTH OF PROPERTY CORNER i EASEMENT PROVISION 0I O I I 1267 37 o FENCE LINE IS 0.6' WEST I \ 5 `L0h `S�• NOTE A2 ON SHEET 4 N 88°03'59" W o N 88'03'59" W 0 OF PROPERTY LINE 01 \ 99 1070 'L 81.82' 2'OS 85.09' N 88°03'59" W 84.00' FENCE CORNER IS 0.1' SOUTH AND Q I 40.04' J 1'OS AR°1'0 �� 30, g'O 46.85' 1'OS 40.01' 40.01' 1 � 40.01' 0.1' EAST OF PROPERTY CORNER \ \ �5 \ OS S� 43.99' \ 19 �� s \ CL8 �s I 0 30' \ \ 00 �� 6, O0 �'' I o 0 0 0 0 CORNER FALLS IN FENCE POST. p \ c� 1 R 6'' N CY)�, w o0 0 0 0 0 0 SET TWO OFFSET REBARS AND CAPS, S S 3r \ `� \�. \ M 0 0 0 0 0 0 ONE 1.0' NORTH AND ONE 16.0' Q S \ Off' 1'OS C'3 c� to d o - - 1080 7\ U 3 0 w o w 0 v 0 EAST OF ACTUAL CORNER LOCATION = \ SS OS �S 31 co 32 w w w w w=90'48'20"(A) 0 �N \ 1 $ ^�� 6'- C, 1169 0 0 33 = o 38 N 88°03'56" W R=35.00'(R) \C,9 �S C3 1189 z i I 1193 1221 0 `D o 1275 0 39 � 141.56'(A) 141.55'(R) L=55.47'(R I \ \ S \ �O� 1'OS • C 0 :n 0 to O 1291 0 0 1 ��, C \ � ?,°03> 3C 8 z I I z z o 0 0 0 0 0 FENCE IS 1.3' `n F, \ 8 6 1 o 0 o z z z NORTH OF TRACT A \ r'\ �> 6" 1'OS C39 22.7 PROPERTY LINE OPEN SPACE _ 17 1'OS CG1 76• F 40.01' 40.01' 'n Sri Sri LO C,� - \ 0 - 40.01' 45.39' 151.70' - \ y� C`2 1'OS 1'OS 1'OS 1'OS �1'OS 1'OS 1'OS 1'OS 1'OS \ \ �`�S 6p \ �O ��^ 1 100 �� C) 1'OS 1 OS 0 00 � I \\ N. , �1- \ ^� \C6 1'OS N 88'03'59" W 425.51' N A rn 16 � ^ \ cs 1'OS SE MARKWICK ROAD 0 I WAIVER OF DAMAGES BY \ tK o cj ^� \ 1 OS 1'OS ^`90'VV �o � 4 C3 1 OS 1 OS 1 OS 1'OS N A `n N 22.27 40_01' 40.01' 1'OS N REASON OF CONSTRUCTION 40.01' 40.01_ 40.01_ 1'OS cv 1'OS 1'OS 1,OS w OF ROADWAY &RIGHT TO \ ^ 0 0 40.01' 40.01' 40.01' 40.01' MAKE CUTS OR FILLS PER \ ;� 0 0 LO 0 0 0 0 0 0 0 8 9� AFN 9206100174 (SPECIAL 15 N 1140 0 00 0 0 0 00 0 0 0 0 0 �'� EXCEPTION #8) 0 0^ I \\ .ry^� 1 152 1 178 1 188 1200 1230 0 1274 0 0 0 0 0 0 _� _� 14 13 W 12 w 1 1 W 1 0 w O w 1250 w O w 1284 w 1300 w 1322 1334 1342 1350 z I SLOPE EASEMENT PER \ g g_ 6 5 w AFN 8309060136 \ ."� o 0 0 _ 4 3 w ``' (SPECIAL EXCEPTION #3) \ \ FOUND 3/4" S I `� �^ "(0 0 cofl o 0 0 0 2 1 20' WIDE EXCLUSIVE IRON PIPE irk \ •`� ;n ;n CO 0 0 0 \ \ �'�, o \ 2 � 0 0 :n ;n u� ,`n° cn iD ``� 30' 20' SEWER LINE EASEMENT 0 o n ;n PER AFN 200602210109 14065 � / Mh• \ o 0 0 0 - Z z z z z 0 0 0 (SPECIAL EXCEPTION #9) 17.64' 53.47\ 50.53' 51.70' 40.01' 40.01' 1'OS 1'OS z 1'OS z z z z z z I - 40.01 ' 40.01 ' 40.01 ' 40.01' 40.01' 40.01 \ N 88°03'59" W 618.96'(M) 40.01' 40.01' 45.00' - - - - - - - - - \ FOUND 3/4" IRON 618.43'(C) 619.12' R&A L- _ PIPE LS 14065 FENCE IS 0.1' FOUND 3/4' IRON ) I FENCE IS 0.3' SLOPE EASEMENT CORNER 6' WOOD NORTH OF (SOUTH OF PIPE AND CAP LS PER AFN 8309200108 FENCE IS 0.1' SOUTH PROPERTY LINE PROPERTY LINE I I 3 24783 1.0' BELOW I FOUND 2.5" BRASS DISC IN Q I (SPECIAL EXCEPTION #4) OF PROPERTY LINE 6 5 4 SURFACE 2" IRON PIPE DOWN 1.2' LS CORNER BRICK I 2 1 I 24783, 0.2' N. AND 0.3' E. LOT CURVE TABLE �G \ FOUND 2.5" BRASS DISC TRACT A 7 I PAVERS IS 0.1' I OF CALCULATED POSITION # DELTA RADIUS LENGTH \ �,p IN 2" IRON PIPE W/ N \ O \ NORTH OF C1 89*11'52" 25.00' 38.92' \ \ 9�� \ PUNCH LS 24783, 0.3' Q��`L� I -I PROPERTY LINEL I I I C2 90°48'08" 25.00' 39.62' I \ \ W. OF CALCUALTED �FL tit FOUND 3/4" IRON PIPE AND CORNER BRICK J- C3 3°24'54" 300.00' 17.88' POSITION, HELD FOR GS I SE CASANDRA CAP LS 24783 1.0' BELOW PAVERS IS 0.4' OUTH LINE OF PLAT �G Q LOOP ROAD SURFACE, 0.4' N. OF NORTH OF C5 6°50'44" 300.00' 35.84' C4 6'27'04" 300.00' 33.78' P � PROPERTY LINE PROPERTY LINE \ JOB' \ _ I - C6 6°44'40" 300.00' 35.31' _ C7 6°44'41 " 300.00' 35.32' I I I C8 8°41'24" 300.00' 45.50' C9 5°02' 10" 300.00' 26.37' C10 2°35'38" 300.00' 13.58' 8 I I I I I C11 8°35'23" 300.00' 44.98' \ I 9 10 11 12 13 I 14 C 12 7° 51 ' 01 " 300.00' 41.10' -I I I C13 103'00'54" 45.5.00' 80.91'- C14 89°59'38" 25.00' 39.27' C15 90°00'02" 25.00' 39.27' _ C 16 15° 12' 17" 132.50' 35.16' - C17 6°54'59" 132.50' 15.99' BRASS PIN IN 2" IRON PIPE C18 78*39'12" 20.00' 27.46' IN CONCRETE IN CASE, pw� Rt5 C19 5°01'30" 300.00' 26.31' HELD FOR CENTERLINE PT ,Q.•'a WAsryj C20 0°44'41 pp 300.00' PER RIGHT OF 300.00' 3.90' WAY PLANS, SEE NOTE 6 C21 48°59'08" 30.00' 25.65' C22 34°29'06" 50.00' 30.09' o C23 128°04'43" 50.00' 111.77' 9 C24 29°40'27" 50.00' 25.90' 6• � .Sk' C25 85°43'59" 50.00' 74.82' C26 5° 15'30" 30.00' 2.75' LEGEND C27 43°43'37" 30.00' 22.90' (M) MEASURED C28 5°32' 18" 255.00' 24.65' R RECORD PER SHORT PLAT 6145, AFN 9206100265 50 0 50 100 C29 12° 1 1 '01 " 255.00' 54.22' CENTERLINE SET 5/8" REBAR AND YELLOW CAP DHM LS 49284 ( ) C310 14°47'15" 255.00' 12 .4865.87' CURVE TABLE 1'OS CORNER DISTANCWAS SET NOTED Scale PROPERTY LINE AT OFFSET (A) PER UNRECORDED ALTA SURVEY BY N.L. OLSON Scale in Feet C32 23°55'25" 260.00' 108.56' # DELTA RADIUS LENGTH RW PER RIGHT OF WAY PLANS, SEE NOTE 6 C33 24°04'29" 270.00' 113.45' CL1 43°55'37" 277.50' 212.75' Q SET LEAD PLUG AND TACK ( ) N ' L Olson &Associates Inc. CL2 27°45'34" 277.50' 134.45' L.J 1 '' C34 24'35'59" 285.00' 122.36' x-x-x-x- WOOD FENCE C35 16°48'06" 300.00' 87.97' CL3 16°10'03" 277.50' 78.30' @i SET MAGNETIC NAIL AND WASHER, LS 49284 C36 3*22'17" 255.00' 15.00' CL4 45°14'34" 277.50' 219.12' 10' UTILITY EASEMENT PER PLAT, SEE EASEMENT Engineering, Planning and Surveying C37 3*22'24" 255.00' 15.01' CL5 31°54'57" 277.50' 154.58' O FOUND 5/8" REBAR AND RED CAP FA KEGEL 14065, 0 PROVISIONS NOTES ON SHEET 4 C38 16°14'11" 255.00' 72.26' CL6 13°19'37" 277.50' 64.55 UNLESS NOTED OTHERWISE C39 3°53'37" 255.00' 17.33' (360) 895-2350 or (360) 876-2284 CL7 25'52'50" 1 10.00' 49.69' FOUND MONUMENT AS NOTED 1350 LOT ADDRESS 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 0 CL8 25° 1 O' 15" 265.00' 1 16.42' Project #12089 Back to Agenda LU23-FINAL PLAT-02 RIVERSTONE EASEMENT PROVISIONS Sheet 4 of 5 LOT AND TRACT (Al) ALL LOTS AND TRACTS WITHIN THIS PLAT SHALL BE BENEFITED BY AND SUBJECT TO A PERMANENT MULTI -PURPOSE AREA TABLE A PLAT COMMUNITY EASEMENT OVER, UNDER AND ACROSS A TEN FOOT WIDE STRIP OF LAND LYING PARALLEL WITH AND ABUTTING THE SE LOT AREA(S.F.) Portion of the North Half of the Southeast Quarter Section 35, MARKWICK ROAD FRONTAGE ALONG SAID LOTS AND TRACTS AS DELINEATED ON SHEETS 3, 4 AND 5 OF THIS PLAT. 3 4,0011 Township 24 North Range 1 East W.M. (A2) LOTS 28, 29, 31, 32, 34, 35, 36, AND 37 OF THIS PLAT SHALL BE BENEFITED BY AND SUBJECT TO PERMANENT > > MULTI -PURPOSE EASEMENTS OVER, UNDER AND ACROSS THOSE PORTIONS OF SAID LOTS AS SHOWN ON SHEET 3. 5 4,001 in the City of Port Orchard, Kitsap County, Washington THE PURPOSE OF SAID PERMANENT MULTI -PURPOSE EASEMENTS (Al AND A2) IS FOR SERVING THE PLAT WITH SANITARY 6 4,001 SEWER, STORM DRAINS, WATER SERVICE FOR DOMESTIC AND FIRE PROTECTION, NATURAL GAS SERVICE, POWER SERVICE, 7 4,001 8 4 001 TELEPHONE SERVICE AND CABLE TELEVISION SERVICE. ALL UTILITY AND SERVICE ORGANIZATIONS, INCLUDING THE CITY OF 9 4,001 SEE CENTERLINE PORT ORCHARD AND WEST SOUND UTILITY DISTRICT SHALL HAVE THE RIGHT TO ENTER UPON THE EASEMENT AREAS AT 10 4,001 DETAIL BELOW ALL TIMES FOR THE PURPOSES HEREIN STATED AND SHALL, TO THE EXTENT REASONABLE AND PRACTICABLE, RESTORE 11 4,004 THE EASEMENT AREAS FOLLOWING INSTALLATION, MAINTENANCE OR REPAIR TO THEIR PRE -WORK CONDITION. WITHIN SAID 12 4,374 EASEMENTS NO STRUCTURE, PLANTING OR OTHER MATERIAL SHALL BE PLACED OR PERMITTED TO REMAIN WHICH MAY 13 4,729 TOTAL CURVE DAMAGE EXISTING FACILITIES OR INTERFERE WITH THE PURPOSES HEREIN STATED. 14 5,396 (PER R/W PLANS, 15 16 5,945 6,506 \ SEE NOTE 6) (B) A 15' PERMANENT WATERLINE EASEMENT, OVER, UNDER AND ACROSS TRACT F OF THIS PLAT IS GRANTED HEREIN TO 17 5,853 p=51°44'14" WEST SOUND UTILITY DISTRICT FOR THE BENEFIT OF THIS PLAT. 18 5,044 R=800.00' 19 5,337 L=722.39' (C) A PERMANENT UTILITY EASEMENT TO WEST SOUND UTILITY DISTRICT AS DESCRIBED IN AFN 202310110069 FOR 20 5,162 CALCULATED POSITION THE BENEFIT OF THIS PLAT. 21 5,000 OF CENTERLINE PC 22 5,227 (PER R/W PLANS, 23 8,092 24 5,370 SEE NOTE 6) 25 5,104 26 5,000 27 5,001 28 7,037 \ I LOT CURVE TABLE 29 5,087 FOUND 3/4" IRON PIPE I # DELTA RADIUS LENGTH 30 5,413 FOUND 5/8" REBAR CAP 0.3' NORTH 0.3' WEST OF I C1 89°11'S2" 25.00' 38.92' 31 4,001 99.93' 352401-4-002-2006 CALCULATED POSITION C2 90°48'08" 25.00' 39.62' KE CALCULATED P SI OF C3 3°24'54" 300.00' 17.88' 32 4,001 CALCULATED POSITION N 88°02'58" W 324.71'(A) 33 4,001 \ S 88'02'58" E 277.18' 34 4,504 \ �O 222.20' C4 6°27'04" 300.00' 33.78' 35 7,620 45' 102.51' C5 6°50'44" 300.00' 35.84' 36 7,521 \ ACCESS AND C6 6°44'40" 300.00' 35.31' 37 5,449 �p UTILITY EASEMENT 15 RL NE CORNER C7 6°44'41 " 300.00' 35.32' 38 4,001 WATER EASEMENT SW 1/4, SE 1/4 C8 8°41'24" 300.00' 45.50' 39 4,469 \ TO WEST SOUND I 23 M C9 5*02'10" 300.00' 26.37' \ UTILITY DISTRICT I I l0 0 0C10 2°35'38" 300.00' 13.58' TRACTS \ \ 032401-4-005-2003 0 1021 00 C11 8°35'23" 300.00' 44.98' A 7,470 \ C12 7°51'01" 300.00' 41.10' B 12,043 z C C13 103°00'54" 45.00' 80.91' D 8,960 TRACT r / c�5r N 88'53'47" W C14 89°59'38" 25.00' 39.27' E 4,161 \ v OPEN SPACE C15 90°00'02" 25.00' 39.27' F 36,821 \ �' O 82.44' C 16 15° 12' 17" 132.50' 35.16' C17 6°54'59" 132.50' 15.99' A LEGEND \ \ N I O 24 't C19 5°01 30" 300.00' 26.31' N 88°53'47" W N' L? C20 0°44'41 " 300.00' 3.90' SET 5/8" REBAR AND YELLOW CAP DHM LS 49284 °N° 48.84 0 v 1027 ( v C21 48°59'08" 30.00' 25.65' \ C14 74.09' C� C22 34°29'06" 50.00' 30.09' VOS CORNER WAS SET ON PROPERTY LINE AT OFFSET \ N \`Jr' �° / o C23 128°04'43" 50.00' 111.77' DISTANCE AS NOTED \ 00 22 CO C26 N 88'53'47" W r` C24 29°40'27" 50.00' 25.90' \ w 1030 �'a U n 91.68' `� C25 85°43'59" 50.00' 74.82' SET LEAD PLUG AND TACK ;n w C26 5°15'30" 30.00' 2.75' C27 43°43'37" 30.00' 22.90' Qi SET MAGNETIC NAIL AND WASHER, LS 49284 i2 w ss o 00 10.16' Y 2 M C28 5°32'18" 255.00' 24.65' FOUND 5/8" REBAR AND RED CAP FA KEGEL 14065, R� \ Z N 88'53'47" W 100.00' 1'OSo 00 1041 o C29 12°11'01" 255.00' 54.22' UNLESS NOTED OTHERWISE J \ I Q � I � C30 27°31'15" 255.00' 122.48' \ w -00 21 b 0 N 88°53'47" W z C31 14°47'59" 255.00' 65.87' FOUND MONUMENT AS NOTED \ \ M 0 I ( z 0) OS 100.00' C32 23°55'25" 260.00' 108.56' \ `n 1050 I L d � C33 24°04'29" 270.00' 1 13.45' (C) CALCULATED \ 2 6 (n N o C34 24°35'59" 285.00' 122.36' \ o C20 I C35 16°48'06" 300.00' 87.97' (M) MEASURED \ \ z N 88'53'47" W 100.02' 1'OS 1055 0n C36 3*22'17" 255.00' 15.00' \ \ (R) RECORD PER SHORT PLAT 6145, AFN 9206100265 \ \ a22.50' 22.50' C37 3°22'24" 255.00' 15.01' co 0), 20 N 88'S3'47" W C38 16°14'11" 255.00' 72.26' v \ (A) PER UNRECORDED ALTA SURVEY BY N.L. OLSON \ \ � 1060 rn VOS 98 81' C39 3°53'37" 255.00' 17.33' �O \ 0 (Rye/) PER RIGHT OF WAY PLANS, SEE NOTE 6 o O�' \ 66.61' 25.50' 72.53' �� I 27 N \ 1 1065 M -x-x-x-x- WOOD FENCE \N 88.53 W 139.14' G16 VOS 45 36,.E 0 �, CENTERLINE 10' UTILITY EASEMENT PER PLAT, SEE EASEMENT \ �� \TRACT E / N ° 29.70 r N 88'53'20" W I CURVE TABLE 0 \ s \ Q KE 14065, 0.5' N. OF DELTA RADIUS LENGTH PROVISIONS NOTES ON SHEET 4 STORM �O� �'� CL��^ 1'OS 87 90' CALCULATED POSITION # LOT ADDRESS 6, \\ � ��• 'sp, CL1 43'55'37" 277.50' 212.75' 1350 sr �V�v` n \TRACT C - PEDESTRIAN ACCESS CL2 27°45'34" 277.50' 134.45' 6 Clg\ O ra �n1��O �, 00 RIGHT OF WAY CL3 16°10'03" 277.50' 78.30' �� rJ �� `' r` C13 OPEN SPACE CL4 45'14'34" 277.50' 219.12' SCALE: 1 = 50 R�� \CN 94.93' CL5 31°54'57" 277.50' 154.58' CL6 13° 19'37" 277.50' 64.55' \ �O \ O`�O w 0- CL7 25°52'50" 110.00' 49.69' FOUND BRASS DISK IN \ Qs � CL8 25'10'15" 265.00' 116.42' CONCRETE IN CASE, �' INTERSECTION TREMONT ST. 00 O O� \ \ CO AND SIDNEY AVE TO NORTH, �O \� TRACT D A o 0 HELD FOR CENTERLINE, n VOS rn VISITED 2023 I , \ �p �\ STORM �`�1 A ��O \ z .''!o WAS'' s z , FOUND LEAD AND TACK \ � �� 5�0� 5 � � �`1-� RS>, •; � �' IN CONCRETE FILLED IRON PIPE IN CASE, 1070 OS 1'0 9 w a \ HELD FOR CENTERLINE, \ \ \ �b)5 Rp6, `SS \ ssr , s i1% VISITED MAY 2023 \ 6, Aee .M4D s \ \ SEE SHEET 3 °06,, \ \ TOTAL CURVE I)S 50 0 50 100 d\ \ R444 (PER R/W PLANS, \ 4 � 600 244., SEE NOTE 6) 62R3 0, �C� 0=51°44'14" \\ \ Scale in Feet CENTERLINE DETAIL 4�cJw� R=800.00' \ A L=722.39' N.L. Olson & Associates, Inc. CALCULATED POSITION OF CENTERLINE PC Engineering, Planning and Surveying (PER R/W PLANS, (360) 895-2350 or (360) 876-2284 SEE NOTE 6) 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 SEE ABOVE Project #12089 Paqe 17 of 122 LU23—FINAL PLAT-02 Back to Agenda RIVERSTONE Sheet 5 of 5 TRACT F OPEN SPACE 23 i � I � A � 24 � ' ' I / A Q------J L/ 22 — 25 1 AI--------J / 21 � L------- Q 26 i 20 cwn--------J ----� 27 1 I TRACT E P�-------J STORM �O s� �G TRACT D \ STORM \ TRACT C \ OPEN SPACE A A PLAT COMMUNITY Portion of the North Half of the Southeast Quarter Section 35, Township 24 North, Range 1 East, W.M. in the City of Port Orchard, Kitsap County, Washington BUILDING SETBACK DETAIL BUILDING SETBACK NOTES: FRONT YARD SETBACK: 10' (THE FRONT SETBACK AND THE 10' UTILITY EASEMENT FRONTING THE LOTS ARE CONTIGUOUS) BACK YARD SETBACK: 10' SIDE YARD SETBACK: 5' LEGEND O 10' FRONTAGE UTILITY EASEMENT LINE PER PLAT, SEE EASEMENT PROVISIONS NOTES ON SHEET 4 — — — — — — — BUILDING SETBACK LINE Im TRACT B STORM PEDESTRIAN ACCESS RIGHT OF WAY, NO BUILDING SETBACKS REQUIRED ---------- 1 28 I I I L----------� I 29 I r— — — — — — — — — - 35 I I L— — — — — — — — — J I 34 SCALE: 1 "= 50' r---------- 36 I I ' I i i 37 \ L-------J I---------1 I I---------J /' 19 r -1 r--� \<\ \ <\ 18 30 1 131 1 1 1 1 1 32 I 1 1 1 38 I I 39 �� // I 1 1 1 133 1 i \ 17 \ I TRACT A \ OPEN SPACE 16 i� SE MARKWICK ROAD A i ,� 15 7— \\ J� � �� / \\ , 14 13 II I, 11 11 11 II 1 /,i \ \\\ 12 1111 I 110 I I 9 1 1 8 1 1 7 1 6 1 1 rj l l 4 1 1 3 1 1 2 1 1 1 1 1 L--- J L—— —J— --J L—_J L—_J L--J L--J L--J L--J L--J L-- J L-- J L-- J L--J 50 0 50 100 Scale in Feet =� N.L. Olson & Associates, Inc. Engineering, Planning and Surveying (360) 895-2350 or (360) 876-2284 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 Project #12089 Back to Agenda CITY OF PORT ORCHARD Development Director 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 874-5533 • Fax: (36o) 876-498o planning @ cityofportorchard.us www.cityofportorchard.us November 7, 2023 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for Riverstone, LU23-PLAT FINAL-02 Dear City Council: In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the Conditions and Mitigation Measures within the City of Port Orchard Hearing Examiner's Findings, Conclusions and Decision dated March 13, 2021; and the conditions of the SEPA Determination of Non - Significance issued December 20, 2023. The subdivision as presented complies with all terms and conditions of the approved preliminary plat that are within the authority of the Department of Community Development. Sincerely, Nicholas Bond, AICP City Development Director Page 19 of 122 Back to Agenda CITY OF PORT ORCHARD City Engineer 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4991 • Fax: (36o) 876-498o khammer@portorchardwa.gov www.portorchardwa.gov November 7, 2023 Port Orchard City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for Riverstone (LU23-PLAT FINAL-02) Dear City Council: In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the Conditions and Mitigation Measures within the City of Port Orchard Hearing Examiner decision dated March 13, 2021. The subdivision as presented complies with all terms and conditions of the approved preliminary plat that are within the authority of the Public Works Department. I also state that the City of Port Orchard has confirmed that that the conditions of West Sound Utility District Developer's Extension Contract have been satisfied for sewage disposal and water supply. Finally, the final plat documents have been reviewed and I have confirmed that all working drawings and specifications for the improvements have been prepared in conformance with City standards and that all required improvements are either complete and accepted, or that a Performance Bond has been established for all unfinished/unaccepted work. I therefore recommend approval of the final plat. If you should have any questions, or need additional information, please feel free to contact me at this office. Finally, the final plat documents have been reviewed, and I have confirmed that all working drawings and specifications for the improvements have been prepared in conformance with City standards and that all required improvements are either complete and accepted, or that a Performance Bond has been established for all unfinished/or unaccepted work. I therefore recommend approval of the final plat for Riverstone. If you should have any questions, or need additional information, please feel free to contact me at this office. Sincerely, /hris mer, PE, PMP City Engineer Page 20 of 122 Back to Agenda CITY OF PORT ORCHARD LANDSCAPE PERFORMANCE BOND Name of Project Riverstone Plat - Major DLAP Project Location Harold Dr SE, Port Orchard, WA 98366 Project/Application # Performance Bond Amount $ 67,035.87 Bond # 9838151 Know all men by these presents: That whereas the City of Port Orchard, State of Washington has issued a permit to Housing Kitsap (Contractor) hereinafter designated as the "Principal" a permit for the construction of the project designated , Port Orchard, Washington all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and Lexon Insurance Company (Surety), a corporation, organized and existing under and by virtue of the laws of the State of Texas , duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Port Orchard, Washington, in the sum of - Sixty -Seven Thousand Thirty -Five Dollars and Eighty -Seven Cents Dollars ($ 67,035.87 ) 150% Total Contract Amount lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and material men, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or their part, and shall indemnify and save harmless the City of Port Orchard, Washington, their officers and agents from any claim for such payment; and shall further save harmless and indemnify said City of Port Orchard, Washington, from any claims relating to defect or defects in any of the workmanship entering into any part of the work or designated equipment covered by said contract. Once the work has been completed and accepted by the City of Port Orchard this Performance Bond will be released and replaced with a 2 year Maintenance Bond not to exceed the sum of - Sixty -Seven Thousand Thirty -Five Dollars and Eighty -Seven Cents Dollars ($ 67,035.87 ) 125% Total Contract Amount. This hold harmless and indemnification agreement shall survive the expiration of this bond. City of Port Orchard Landscape Performance Bond Page 1 of 2 Page 21 of 122 Back to Agenda And the said Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two (2) counterparts thereof to be signed and sealed by their duly authorized officers this 28th day of July ' 20 23 Principal o sing Kitsa By Signature Print Name yJMNCFC p2"?OpPOAgT O� SUretV Lexon Insurance Company SEA 9j By Z a Signature David Connolly Print Name � X-'rC _'j'`4<C �'Mr-e T ch-- Attorney -in -Fact Title Title �M�ailing Address �%6t&! dl a,L� WA City, State, Zip Code `( Phone Number 155 NE 100th St. Ste 201 Mailing Address Seattle, WA 98125 City, State, Zip Code (206) 281- 841 l Phone Number Em�OcU�id. r�� o -) ail Address Email Address Accepted e City of Po Orchard this By Signature /f/� 1., 5 Qo•► Printed Name 1�S>JCnc�� Title City of Port Orchard Landscape Performance Bond day of /" oVelAv4eif , 20 Page 2 of 2 Page 22 of 122 o__r_ a_ A r_ v cavM E,v r t %A (A IS, ^1 SOMPO INTERNATIONAL POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation ("EAC"), Endurance American Insurance Company, a Delaware corporation ("EAIC"), Lexon Insurance Company, a Texas corporation ("LIC"), and/or Bond Safeguard Insurance Company, a South Dakota corporation ("BSIC"), each, a "Company" and collectively, "Sompo International," do hereby constitute and appoint: oavidconnuliv as true and lawful Attorney(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of $67,035.87 Such bonds and undertakings for said purposes, when duly executed by said attorney(s}in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 171h day of May, 2023 for EAC and EAIC, a copy of which appears below under the heading entitled "Certificate". This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by unanimous written consent effective the 301h day of March, 2023 for BSIC and LIC and the 171h day of May, 2023 for EAC and EAIC and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 25th day of May, 2023. End rance Assurance Corporatio ,'m a,-�) Richard Aooel: S,VA&Semor Counsel RPDa�•, rF,.C, SEAL 2002 �.,DELAWARE: Endurance American n ura c 771 13 Richard Appear,BVP,$,Senior Counsel ,° scan (% fi�G,�Lv0R,q . i` SE.AL �= �t lass o = y DELtWARE,.'Z- v,• pG� F J¢, Lexon Insurance Company By: �� ! / Bond Safeguard Injura9ce/ I l /'I By: t Ric and Appel; c ro . cenidF Couneel Ric and Appo1,_6VP&,a^cttH ACKNOWLEDGEMENT SOUTH ' DAKOTA ;0 INSURANCE COMPANY On this 25th day of May, 2023, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that he/trioofficer of each of the Companies; and that he executed said instrument on behalf of each Company by authority of his office qthby-ws of each CompSUTE TE EWE By. � •UElAmy ablic My Commissf$n Expires 3/9/27,' CERTIFICATE %, 9a ��r I, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the board of directors of each Company by unanimous written consent effective 30th day of March, 2023 for BSIC and LIC and the 171h day of May, 2023 for EAC and EAIC and said resolutions have not since been revoked, amended or modified: "RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, MATTHEW E. CURRAN, MARGARET HYLAND, SHARON L. SIMS, CHRISTOPHER L. SPARRO, and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 28th day of Jul 20 23 By: Da ie S. ie, a retary NOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFAC) No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's website — httos://www.treasury.gov/resource-center/sanctions/SDN-List. In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission: LexonClaimAdministrationasompo-intl.com Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 Page 23 of 122 Back to Agenda Housing Kitsap Mutual Self -Help Construction Budgets Riverstone r—r-4. n.... :—t.... ndeemd Plants $ 37,380.00 Labor $ Soil/Bark/Fertilizer $ 3,500.00 $ 40,888.00 tax 9.3% $ 3,802.58 Subtotal $ 44,690.58 150% bond increase $ 67,035.87 Page 24 of 122 Back to Agenda O&JXA & Plant Produce Landscaping O.L.D. Land Development/Olmsteds Mailing address: 2378 Finn Hill Rd. Poulsbo, WA 98370 Office # (360) 598-1802 Sean Olmsted cel (360) 340-1783 Fax (360) 598-1804 e-mail: olmland(a)yahoo.com License: OLDLALD881 BP PROPOSAL Date:7/5/2023 Phone: Submitted to: Housing Kitsap-Dean Cell: Address Job site: City, Zip: e-mail: We hereby submitspecifications and estimate for: Plant package for Riverstone Phase 1 Description Charges 132 trees at $275/tree $36,300.00 22 — 5 gal plants at $40/ lant $880.00 Delivery fee $200.00 TOTAL: $37,380.00 plus sales tax Please note: Substitutions will be made when necessary. Turkish filbert will not be available. Substitutions will be as close to original plant as possible Price is based on volume purchase We hereby propose to furnish labor and materials complete in accordance with the specifications and conditions on front and back of this contract, for the sum of $37,380.00 plus sales tax ( Thirty seven three hundred eighty and 00/100 PLUS SALES TAX) ACCEPTANCE OF CONTRACT: The prices, specifications and conditions on front and back side of this contract are hereby accepted: Signature: Signature: Page 25 of 122 Back to Agenda BILL OF SALE THIS BILL OF SALE is made and executed this 2LE�4ay of s�/��c�•�e-- , 2023,by and between ci-� , A Washington Municipal Corporation, hereinafter alled the "Grantor' and the City of Port Orchard, a Municipal Corporation, hereinafter called the "Grantee." WITNESSETH: That the Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby conveys, sets over, assigns, transfers and delivers and warrants to the City of Port Orchard ownership in the following described, property situated in Kitsap County, State of Washington, and installed by the Grantor to date, TO WIT: �kl i2': ►� fl Gy4 /��iCGt;1`!1� The Grantor hereby warrants that it is the lawful and sole owner of all the personal property above conveyed, that such items are free from all liens and encumbrances, that the Grantor has the full power to convey and transfer the same, and that the Grantor will defend the same against the claims and demands of any and all persons lawfully making claims thereto. The Grantor further warrants that the execution of this Bill of Sale is an authorized act of said Grantor. Dated at Washington, this day of S-e p4tti.6..1-� , 20— GRANTOR: ) By: �� V<- / ✓-c ci Its: �fz✓ Print Name: 73f pgZ tj [Remainder of page intentionally left blank] P:\Surety formsTD1 ofSal6ayproved by Interim Atty1Bi11 of Sak - Master Form Page 26 of 122 Back to Agenda STATE OF WASHINGTON ) COUNTY OF 56-P ass O��hday ofE✓20a--4 before me personally appeared ly�a� f h2Y / 1 eTus &J , to me known to let mpaging member for mun� a lite�l-Iie�t-eel that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated`"i,i>i it"yos authorized to execute said instrument. Gibe aofm •b official seal this -094 day of&¢,Lem6 c-P— , 201'6. .. ti :� NOT A RY s : — Notary Public i and for the Stat6 of Washington, N PUB = residing in .s i9i,.•vti-M �6r°Q •A, My commission expires ZYz� � fit* •• .:•Nv� •. C? m` WAS\A\�,d��® mI00%' Dated at Port Orchard, Washington, this day of , 20_ CITY OF PORT ORCHARD By: Tony Lang, Public Works Director STATE OF WASHINGTON ) )ss COUNTY OF KITSAP ) On this day and year above personally appeared before me, Mark R. Dorsey, who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Port Orchard for the uses and purposes therein mentioned, and on oath states he is authorized to execute the said instrument. Given under my hand and official seal this day of 6z Notary Public in and for the State of Washington, residing in My commission expires PASurety fb—sXHi11 of Salelapproved by Lnerin Atty1BD1 of Sale — Master Tom Page 27 of 122 Back to Agenda NL OLSON & ASSOCIATES INC Project: Riverstone Prepared By: RPJ Client: Housing Kitsa Date. - Brief Scope: Engineers Estimate Convea ance of Storm and Roads Based on Site As -built plans Building Size: N/A SF Parcel Size: - 8 Acres Description Quantity Unit $/Unit Cost Total Construction Cost $ 650,884.00 Site Earthwork excavation 3,000 cy $ 5.00 $ 15,000.00 embankment compaction 1,600 cy $ 2.50 $ 4,000.00 fine grade road 35,000 sf $ 0.50 $ 17,500.00 Sub -Total $ 36, 500.00 Road Paving and Sidewalks Asphalt 3" 730 ton $ 135.00 $ 98,550.00 Asphalt Treated Base 4" 970 ton $ 115.00 $ 111,550.00 Crushed Surfacing 3" 680 ton $ 35.00 $ 23,800.00 Concrete Sidewalk 1985 sy $ 45.00 $ 89,325.00 Curb and Gutter 3000 If $ 16.00 $ 48,000.00 Sidewalk Ramps 10 ea $ 1,800.00 $ 18,000.00 Sub -Total $389, 225.00 Storm drainage 8" storm pipe (ADS N-12) 173 If $ 31.00 $ 5,363.00 12" storm pipe (ADS N-12) 512 If $ 33.00 $ 16,896.00 12" storm pipe (DI) 400 If $ 80.00 $ 32,000.00 CB's Type 1 22 ea $ 1,600.00 $35,200.00 Stormfilter 4 cartriges 1 ea $ 28,000.00 $ 28,000.00 Stormfilter 1 cartrige 1 ea $ 21,000.00 $ 21,000.00 Sub -Total $138,459.00 Site Walls Site walls 945 sf $ 60.00 $ 56,700.00 Sub -Total $ 56, 700.00 Misc Landscaping Street Trees 1 Is $ 10,000.00 $10,000.00 Pavement marking and signage 1 Is $ 20,000.00 $20,000.00 Sub -Total $30, 000.00 TOTAL $650,884.00, $ 650,884.00 Il/os/zoz3 Page 28 of 122 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Resort Agenda Item No. Consent Agenda 4F Meeting Date Subject Adoption of a Resolution Accepting Two Prepared by Temporary Construction Easements for the Marina Pump Station Repair Project Atty Routing No: Atty Review Date Back to Agenda November 14, 2023 Denis Ryan Public Works Director 366922-0009 October 18, 2023 Summary: As a component of the previously -approved Marina Pump Station Repair Project (the "Project") and to facilitate work on the Project, the City has requested and received two Temporary Construction Easements (TCE's) from the fronting property owner, Kitsap Bank. The TCE's will allow the City better access to the Project site. The TCE's will expire eighteen months from the date of signature or formal close out of the project by the City, whichever comes first. The property owner will derive benefits from the Project including, but not limited to, utility improvements serving downtown Port Orchard. Recommendation: Staff recommends that the City Council adopt a Resolution, thereby authorizing the Mayor or designee to accept temporary construction easements for the Marina Pump Station Improvements. Relationship to Comprehensive Plan: Chapter 7: Utilities Motion for Consideration: I move to adopt a Resolution, thereby authorizing the Mayor or designee to accept temporary construction easements for the Marina Pump Station Improvements project. Fiscal Impact: None. There is no additional cost to the project as currently designed. Alternatives: Do not approve and provide further guidance. Attachments: Resolution, Temporary Construction Easements Page 29 of 122 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING TWO TEMPORAY CONSTRUCTION EASEMENTS FOR THE MARINA PUMP STATION IMPROVEMENT PROJECT. WHEREAS, the City Public Works Department is currently undertaking the Marina Pump Station Improvement Project (the "Project"); and WHEREAS, the City identified that temporary construction easements from an abutting property owner are needed to facilitate the City's work on the Project; and WHEREAS, the fronting property owner, Kitsap Bank, agreed to provide temporary construction easements; and WHEREAS, as a result of work performed by the City, the property owner will derive benefit including, but not limited to, utility improvements serving downtown Port Orchard; now, therefor, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council approves and authorizes the Mayor or designee to execute the temporary construction easements for the Marina Pump Station Improvement Project, attached as Exhibit A and incorporated herein by this reference. 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 14th day of November 2023. F-AVA .115 Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 30 of 122 Back to Agenda When Recorded Return To: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 TEMPORARY CONSTRUCTION AND ACCESS EASEMENT Grantor(s): Kitsap Bank Grantee(s): City of Port Orchard Legal Description (abbreviated): LOTS 1 AND 2, BLOCK 12, S.M. STEVENS, TOWN PLAT OF SIDNEY, AS PER PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 1, RECORDS OF KITSAP COUNTY; TOGETHER WITH TIDELANDS FRONTING; ALSO TOGETHER WITH VACATED ROAD. Assessor's Tax Parcel ID#: 4650-012-001-0009 This agreement is made on the date set out below, by and between Kitsap Bank, a bank corporation ("Grantor"), and the City of Port Orchard, a Washington municipal corporation ("Grantee") for the purposes set forth herein. WHEREAS, the Grantee, its contractors, agents and assigns, desires to use a portion of real property owned by the Grantor to facilitate Grantee's construction of a municipal project described herein; and NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Temporary Construction Easement. The Grantor hereby grants to the Grantee, its contractors, agents and assigns, subject to the conditions set forth herein, a temporary, non -transferable, non-exclusive easement in, upon, over, under, and across a portion of Kitsap County Assessor Tax Parcel No. 4650-012-001-0009, otherwise known as the real property legally described on Exhibit A, and depicted in Exhibit B, attached hereto and by this referenced made a part hereof (the "Easement Area"), situated in the City of Port Orchard, including but not limited to the rights, privileges and authorities of ingress and egress and other purposes incidental to the following construction project (hereinafter, the "Project"): Utility upgrades associated with the Marina Lift Station Improvement project. Work included in the project will be constructed in the City's owned parcels and right-of-way, which is located adjacent to the parcel. Page 31 of 122 Back to Agenda 2. Conditions. This easement is granted and accepted subject to the following conditions: A. Grantor shall not obstruct, or permit its agents to obstruct, the Easement Area in any manner that will materially prevent or interfere with the performance of the Project. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the Grantee's rights hereunder. B. Grantee shall provide that Grantor be named as an additional insured under one or both of the following endorsements for Commercial General Liability Policy No. GLA569129905: (a). The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or (b). The ISO CG 20 37 (10/01 edition). Grantor shall be an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of the Project. C. This Easement and its terms and conditions shall be binding on the Parties and their respective successors, heirs and assigns. This Easement shall not be recorded against the Real Property unless the Grantor proposes to convey the Real Property to a third party prior to the termination or expiration of the Easement as provided herein. Grantor shall notify the City of any proposed conveyance of the Real Property at least sixty (60) days prior to any conveyance. Grantor warrants that Grantor owns fee title to the Real Property and warrants the City quiet enjoyment of the Easement. D. The City shall, upon completion of the construction project, restore any premises of the Grantor disturbed by the City, to as good condition as it was in prior to construction of the project. E. This Temporary Construction and Access Easement shall expire 18 months from the date of signature or formal close out of the Project by the Grantee, whichever occurs first. Notice of formal close out shall be timely provided to Grantor by Grantee. F. The Grantee does hereby agree to indemnify and hold harmless the Grantor against and from any and all liability for loss, damages, and expenses on account of damage to the property or injury to persons resulting from or arising out of Grantee's exercise of the rights granted by this Easement to the Grantee and/or its contractors, employees, and agents. All notices required hereunder shall be sent by U.S. regular or certified mail or by overnight mail to a party at the address below its signatures to this document. Page 32 of 122 Back to Agenda This Easement, and all the terms, conditions, rights and obligations herein contained, shall inure to the benefit of and be binding upon the parties hereto, their successors, lessees and assigns. This document may only be modified in writing, signed by an authorized representative of Grantor and the City. This document may be executed in identical counterparts and electronically transmitted signatures shall be considered effective and shall be considered a representation that fully executed and authenticated original signed documents have been retained by the party transmitting the electronic version of the Easement. 1�/ 12 5 Grantor Date Grantor Date STATE OF WASHINGTON ) ) ss. County of Kitsap ) On this date, before me the undersigned Notary Public in and for the State of Washington, personally appeared , to me known to be the individuals who executed the foregoing Temporary Construction Easement and acknowledged to me that they signed the same for the uses and contents therein mentioned. DATED this (a day of N�✓ 2pary Public t Washington LEIGH HAGEN COMM. EXP. JULY 09, 2026 WO,fA RV P U BL I C U COMM. NO.201500 Print Name: W My appointment ex ires: [If grantor is a corporation or LLC] STATE OF WASHINGTON ss. County of Kitsap I certify that I know or have satisfactory evidence that S U t Po h+d (4 S is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath, stated that he/she was authorized to execute the instrument and acknowledged it as the C G 0 of lc—tt5aP &44o be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Page 33 of 122 Back to Agenda DATED: N ARY UBLIC Print Name: CLIJ�f- My appointment a Tres: —:°, to Notary Public Mate of Washington I_EIGH HAGEN %OMM. EXP. JULY 09, 2026 C.OMM. NO. 201500 Page 34 of 122 Back to Agenda j CITY OF PORT ORCHARD HARBOR LEASE BOUNDARY -TiO 'rr CONCICTE CONSTRUCTION THRU EASEMENT Qr �, BENCH MARK V481 MAG NAIL WITH I.D. WASHER V f- N: 203186.51 1114 39,34 KITSAP All MAG NAIL KITSAP BANK N:203097.22 - 4650-01212-001-0009 ' E:1194611.58 BLOCK 12 Z:11.53 \PLAT OFSIDNEYTIDELANDS 1 � - K►TSAP BANK 4650-012-003-0007 BLOCK 12 PLAT OF SIDNEY TIDELANDS ORCHARD PARCELS 4650-012-001-0009 & 4650-012-003-0007 TEMPORARY CONSTRUCTION EASEMENT MAR%, P,MF STATION IMPROVEMENTS N W ki DRAWN BY: MAH DATE: 1 10/24/2023 SCALE: 1 1 "=30' Back to Agenda Page 36 of 122 Back to Agenda When Recorded Return To: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 TEMPORARY CONSTRUCTION AND ACCESS EASEMENT Grantor(s): Kitsap Bank Grantee(s): City of Port Orchard Legal Description (abbreviated): S.M. STEVENS' TOWN PLAT OF SIDNEY LOT 3, BLOCK 12, S.M. STEVENS TOWN PLAT OF SIDNEY, ACCORDING TO THE PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 1, RECORDS OF KITSAP COUNTY, WASHINGTON AND LOT 3, BLOCK 12, MAP OF THE SHORE AND TIDELANDS OF SIDNEY, AS ESTABLISHED MAY 3, 1892 AND FILED IN THE OFFICE OFTHE COMMISSIONER OF PUBLIC LANDS AT OLYMPIA, WASHINGTON. Assessor's Tax Parcel ID#: 4650-012-003-0007 This agreement is made on the date set out below, by and between Kitsap Bank, a bank corporation ("Grantor"), and the City of Port Orchard, a Washington municipal corporation ("Grantee") for the purposes set forth herein. WHEREAS, the Grantee, its contractors, agents and assigns, desires to use a portion of real property owned by the Grantor to facilitate Grantee's construction of a municipal project described herein; and NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Temporary Construction Easement. The Grantor hereby grants to the Grantee, its contractors, agents and assigns, subject to the conditions set forth herein, a temporary, non -transferable, non-exclusive easement in, upon, over, under, and across a portion of Kitsap County Assessor Tax Parcel No. 4650-012-003-0007, otherwise known as the real property legally described on Exhibit A, and depicted in Exhibit B, attached hereto and by this referenced made a part hereof (the "Easement Area"), situated in the City of Port Orchard, including but not limited to the rights, privileges and authorities of ingress and egress and other purposes incidental to the following construction project (hereinafter, the "Project"): Utility upgrades associated with the Marina Lift Station Improvement project. Work included in the project will be constructed in the City's owned parcels and right-of-way, which is located adjacent to the parcel. Page 37 of 122 Back to Agendas 2. Conditions. This easement is granted and accepted subject to the following conditions: A. Grantor shall not obstruct, or permit its agents to obstruct, the Easement Area in any manner that will materially prevent or interfere with the performance of the Project. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the Grantee's rights hereunder. B. Grantee shall provide that Grantor be named as an additional insured under one or both of the following endorsements for Commercial General Liability Policy No. GLA569129905: (a). The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or (b). The ISO CG 20 37 (10/01 edition). Grantor shall be an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of the Project. C. This Easement and its terms and conditions shall be binding on the Parties and their respective successors, heirs and assigns. This Easement shall not be recorded against the Real Property unless the Grantor proposes to convey the Real Property to a third party prior to the termination or expiration of the Easement as provided herein. Grantor shall notify the City of any proposed conveyance of the Real Property at least sixty (60) days prior to any conveyance. Grantor warrants that Grantor owns fee title to the Real Property and warrants the City quiet enjoyment of the Easement. D. The City shall, upon completion of the construction project, restore any premises of the Grantor disturbed by the City, to as good condition as it was in prior to construction of the project. E. This Temporary Construction and Access Easement shall expire 18 months from the date of signature or formal close out of the Project by the Grantee, whichever occurs first. Notice of formal close out shall be timely provided to Grantor by Grantee. F. The Grantee does hereby agree to indemnify and hold harmless the Grantor against and from any and all liability for loss, damages, and expenses on account of damage to the property or injury to persons resulting from or arising out of Grantee's exercise of the rights granted by this Easement to the Grantee and/or its contractors, employees, and agents. All notices required hereunder shall be sent by U.S. regular or certified mail or by overnight mail to a party at the address below its signatures to this document. Page 38 of 122 Back to Agenda This Easement, and all the terms, conditions, rights and obligations herein contained, shall inure to the benefit of and be binding upon the parties hereto, their successors, lessees and assigns. This document may only be modified in writing, signed by an authorized representative of Grantor and the City. This document may be executed in identical counterparts and electronically transmitted signatures shall be considered effective and shall be considered a representation that fully executed and authenticated original signed documents have been retained by the party transmitting the electronic version of the Easement. Grantor Date Grantor Date STATE OF WASHINGTON ) ) ss. County of Kitsap ) On this date, before me the undersigned Notary Public in and for the State of Washington, personally appeared 54e-0 Po ic+&� S , to me known to be the individuals who executed the foregoing Temporary Construction Easement and acknowledged to me that they signed the same for the uses and contents therein mentioned. DATED this 2 day of IJ O J , 20,;� NOTARY PUBLIC Print Name: ��- My appointment e ires: 1ZCo [if grantor is a corporation or LLC] STATE OF WASHINGTON ss. County of Kitsap Notary Public State of Washington LEIGH HAGEN COMM. EXP. JULY 09, 2026 COMM. NO. 201500 I certify that I know or have satisfactory evidence that -5ACJP— �o�c�<S is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath, stated that he/she was authorized to execute the instrument and acknowledged it as the C 00 of lu-VsLp 544--to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Page 39 of 122 Back to Agenda DATED NOTARY PUBLIC Print Name: �� My appointment e: Notary Public State of Washington LEIGH HAGr':N COMM. EX .. DULY 09; 2026 NO.2015oG �M Page 40 of 122 tsaCK tO Agenaa CITY OF PORT ORCHARD HARBOR r o < 1 a a• __ _ LEASE BOUNDARY T.G T • ' TI __ CON c� �U CONSTRUCTION � EASEMENT v® W --- BENCH MARK jU481 MAG NAIL WITH I.D. WASHER N: 203186.51 1 ~� r. 1 j � E: 1194739.34 KITSAP / Z: 13.55 J BANK / - A ^ ` MAG NAIL KITSAP BANK N:203097.22 4650-012-001-0009 E:1194611.58 \ BLOCK 12 Z:11.53 \\PLAT OF SIDNEY TIDELANDS KITSAP BANK 4650-012-003-0007 BLOCK 12 PLAT OF SIDNEY TIDELANDS ORCHARD PARCELS 4650-012-001-0009 & 4650-012-003-0007 TEMPORARY CONSTRUCTION EASEMENT MARIP PUMi? STATION IMPROVEMENTS DRAWN BY: I MAH DATE: 10/24/2023 SCALE: 1 1"=30' 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 4G Meeting Date: November 14, 2023 Subject: Adoption of a Resolution Approving the Prepared by: Denis Ryan Purchase of a John Deere Backhoe Public Works Director from the Equipment Rental Revolving Fund 500 Atty Routing No.: 366922.0009 Atty Review Date: November 7, 2023 Summary: The Public Works Department has identified new equipment necessary for continued operations in 2023, included as a projected expenditure in the 2023-2024 Biennial Budget. Staff identified the need to purchase a Backhoe (the "Vehicle") to replace Equipment Rental and Revolving Fund 500 (ER&R) No. 1056, a 1994 Backhoe w/ bucket, that is scheduled for replacement in 2023 from the ER&R. The 2023-2024 biennial budget includes $145,000 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. 073-23, as amended, the City's Public Works Department identified Pape Machinery, as an authorized John Deere dealer and as an approved vendor for the Vehicle, awarded via Sourcewell Contract No. 011723-JDC ("Sourcewell Contract"). Staff requested a quote from the vendor, and on October 20, 2023, the City received a quote of $143,705.69 from Pape Machinery 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 $143,705.69 falls within the amount budgeted in the 2023-2024 Biennial Budget. On October 23,2023, the City Public Works Department completed the Interlocal Agreement Purchase Checklist for John Deere - 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 licensing, and City logo decals. These items are estimated to cost $437.20. This amount is included in the $145,000 ER&R budget authority for the vehicle purchase. However, these items are not included in the Sourcewell Page 42 of 122 Back to Agenda Consent Agenda 4G Page 2 of 2 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 approving 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 from John Deere via Pape Machinery." Fiscal Impact: Backhoe $143,705.69 (excluding registration fees) budgeted 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): $437.20 are included in the 2023-2024 Budget. (GL Code: 500.10.594.35.60). Total Estimated Cost of vehicle and all related equipment/items: $144,142.89 Alternatives: Do not approve and provide alternative guidance. Attachment: Resolution Exhibit A -Quote Interlocal Agreement Checklist ER&R Purchase Request Page 43 of 122 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF A JOHN DEERE BACKHOE FROM THE EQUIPMENT RENTAL REVOLVING FUND 500 AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the City's 1994 Backhoe with bucket (ER&R No. 1056) 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. 073-23, as amended, the City's Public Works Department identified Pape Machinery as an authorized John Deere dealer and an approved vendor for the desired backhoe 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 October 20, 2023, received a quote from Pape Machinery of $131,478.22 (plus applicable tax), for a total purchase price of $143,705.69, and confirmed that this pricing was consistent with Sourcewell Contract No. 093021-ELG; and WHEREAS, on October 23, 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 $145,000 in the Equipment Rental and Revolving Fund 500 (ER&R) for the purchase of a replacement backhoe; 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 John Deere (via Pape Machinery) 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 44 of 122 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 this Resolution. THAT: The City Council approves the purchase of a Backhoe and associated equipment from manufacturer John Deere via Pape Machinery in the amount of $143,705.69 (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 14t" day of November 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 45 of 122 SALES Back to Agenda l0 E (3/11) MACRINERY ORDER REFERENCE NUMBER BILL TO SIC Code: Buyer: CITY OF PORT ORCHARD Address: City: State: WA Zip: County: Customer No.: Ph. No. Fax No. SHIP TO Address: Name: City, State: Zip: County: DELIVERY DATE (EST): I P.O. No. EQUIPMENT I MAKE MODEL 310 P EQUIP.# TRANSACTION INVENTORY JOHN DEERE SER.# TBD SALE ❑X RPO NEW USED RENT ❑ ❑X ❑ ❑ Description: See NEW JOHN DEERE 310P BACKHOE LOADER EQUIPPED AS SPECIFIED ON BULD SHEETS Attached $218,646.00 SOURCEWELL CONTRACT #011723-JDC SOURCEWELL CONTRACT DISCOUNT OFF LIST 43% -$94,017.78 ADDITIONAL COSTS FACTORY FREIGHT $4,650.00 PDI, LOACAL DELIVERY $2,200.00 Delay / F.O.B. AGREED PRICE $ $131,478.22 TRADE YEAR MAKE MODEL SERIAL NUMBER NA If Tax Exempt, Provide Certificate or enter Rate Below Sales Tax ( %) $0.00 Lienholder: Total Price $131,478.22 Trade-in Allowance: $0.00 Less (Est.) Payoff: $0.00 Net Trade in $0.00 BILL OF SALE: FOR TRADE -IN DESCRIBED HEREIN. WE CERTIFY THAT THERE IS NO LIEN, CLAIM, DEBT, MORTGAGE OR ENCUMBERANCE OF ANY KIND, NATURE OR DESCRIPTION AGAINST THIS PROPERTY NOW EXISTING, OF RECORD OR OTHERWISE AND THAT SAME IS FREE AND CLEAR AND IS MY/ OUR SOLE AND ABSOLUTE PROPERTY EXCEPT AS NOTED ABOVE. BUYER'S SIGNATURE: X Sales Tax ( 9.3 %) $12,227.47 Balance Due $143,705.69 Down Payment $0.00 IF ❑ FINANCED ❑ ON ACCOUNT ❑ CASH/COD $0.00 TERMS SUBJECT TO APPROVAL): Approx License Fee $0.00 Amount to Finance $143,705.69 Length of Term Est. PMT. W/ Ins. INSURANCE AGENT: Est. Pmt. W/O Ins. WARRANTY ❑ NEW BASIC ❑ AS IS / NO WARRANTY (DESCRIBE) ❑ NEW EXTENDED USED (DESCRIBE) (DESCRIBE) This Sales Order is subject to additional terms and conditions on the reverse side of this document. The undersigned Buyer agrees that it has read and understands the terms and conditions, warranty disclaimers, and limitations of liability set out in the additional terms and conditions on the reverse side of this document and that the same are included in and are part of this Sales Order as if set forth on the face hereof. PAPS MACHINERY, Inc. (Store Address): 3607 - 20th Street East TACOMA, WA 98424 By: (253) 922-8718 Title: Territory Mgr Date: By: By: Date: BUYER Title: Title: Page 46 of 122 Back to Agenda • Page 2 of 2 Init. TERMS AND CONDITIONS OF SALE :RMS AND CONDITIONS OF SALE: Sales Orders are based on terms and conditions stated herein. Unless otherwise provided on face hereof, offers are good for acceptance for a period of 30 days im the date hereof. An order by the Buyer shall constitute an ceptance of the terms and conditions herein proposed. If, and only no offer of sale is issued by Seller, then the invoice shall be emed: an acceptance of the Buyer's order; a written confirmation; d a final, complete, and exclusive written expression of the reement between Seller and Buyer. Buyer is hereby notified that ditional or different terms from those contained herein are Taxes. Buyer shall pay all local, state, and federal taxes arising )m or related to any sale or lease to which this document relates, :cept for taxes upon or measured by net income of Seller. Delivery. Stated or promised delivery dates are estimates only ised upon Seller's best judgment and Seller shall not be responsible r deliveries later than promised regardless of the cause. Delivery �riods are projected from the date of receipt of any order by Seller, it if equipment to be furnished by Seller is to be manufactured iecifically to fill a particular order, delivery periods will be projected )m the date of Seller's receipt of complete manufacturing formation. If the furnishing of equipment on orders accepted by alter is hindered or prevented by public authority or by the existence war or other contingencies, including, but not limited to, shortage of aterials, fires, labor difficulties, accidents, delays in manufacture or insportation, acts of God, embargoes, inability to ship, inability to sure against war risks or substantially increased prices or freight tes, or other causes beyond Seller's control, the obligation to fill or omplete such orders shall be excused by Seller's option. Transportation and Claims. Prices quoted are net F.O.B. point esignated in writing by Seller. When no F.O.B. point is designated in •iting by Seller, prices for new equipment shall be deemed to be net O.B. point of manufacture and prices for all other equipment shall be :erred to be F.O.B. Seller's place of business at which the order for e equipment is accepted. When transportation is allowed, the price iarged will be adjusted to reflect the lowest transportation rates in Fect at the time of shipment even though such rates may differ from ose quoted by Seller. Seller's responsibility for the equipment shall :ase and all risk of loss shall become the Buyer's upon delivery of the luipment to the first carrier for shipment to the Buyer or his msignee, even though such delivery shall be made prior to the arrival the equipment at the F.O.B. point designated, and any and all aims for shortages, deliveries, damages or non -delivery must be ade by the Buyer or his consignee to the carrier. Seller shall in no Fent be responsible for shortages in shipments unless notice of such iortage is given in writing to Seller within 15 days after receipt of Payment and Security. Buyer agrees to pay in full for the uipment at time of delivery. Buyer agrees to pay the late charge on y past due balance at the rate of 18% per annum. The signator irrants that he/she has authority to execute this order on behalf of y party for whom he/she signs, and that such party has the power to ter into this agreement and perform its terms. As security for all of yer's obligations to Seller, Buyer grants to Seller a security interest the equipment and authorizes Seller to file all documents necessary perfect Seller's security interest. The security interest granted reunder is in addition to any other rights available to Seller, and Iler shall have all of the rights and remedies available to a secured rty under the Uniform Commercial Code, all of which are mulative. Throughout the duration of Seller's security interest. Buyer all keep the equipment fully insured against theft and loss or mage by fire and other casualty as Seller may from time to time quire in accordance with such terms as Seller may require. Buyer to Furnish. Performance by Seller is subject to the Buyer nishing a satisfactory credit rating certificate, letter of credit, dence of financing, or any other similar papers necessary for the tisfactory completion of such order. Laws Governing. All orders will be governed by the laws of the ate of Oregon. 7. Assignment. The right to any monies due or to become due hereunder may be assigned by Seller, and Buyer, upon receiving notice of such assignment, shall make payment as directed. 8. Limitations of Warranties. If "NEW" warranty is indicated on the reverse side or if new equipment is purchased hereunder, all warranties are strictly given only by the manufacturer. Copies of manufacturer's warranty can be obtained from Seller. If "USED" warranty is indicated on the reverse side. Seller hereby warrants to Buyer that the equipment or components thereof designated on the reverse side, shall be free under normal use and service from defects in material and workmanship for the period shown, commencing on the date of delivery. Buyer's exclusive remedy for breach of the limited warranty shall be the repair or replacement of the warranted equipment without charge to Buyer when returned at Buyer's expense to the Seller's facility where the equipment was purchased, with proof of purchase. Buyer must give notice of any warranty claim not later than 7 days after the expiration of the warranty period and must return the equipment to Seller for repair or replacement no later than 30 days after expiration of the warranty period. Any action against Seller for breach of the limited warranty must be commenced within one year after the date of delivery of the equipment. Seller's warranty does not extend to any defect, claim, or damage attributable to the failure to operate and/or maintain the equipment in accordance with the manufacturer's specifications, or due to the failure to operate or maintain the equipment in accordance with any recommendations of Seller. If "AS IS" is indicated on the reverse side, no warranty of any kind is being given and the equipment is being sold with all faults. THE WARRANTIES IN THIS PARAGRAPH AND ON THE REVERSE SIDE ARE THE EXCLUSIVE WARRANTIES GIVEN BY SELLER AND SUPERSEDE ANY PRIOR. CONTRARY, OR ADDITIONAL REPRESENTATIONS, WHETHER ORAL OR WRITTEN. SELLER HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SELLER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, OR DAMAGE TO PERSONS OR PROPERTY RESULTING FROM THE FAILURE OR DEFECTIVE OPERATION OF THE EQUIPMENT; NOR WILL SELLER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND SUSTAINED FROM ANY CAUSE. This exclusion applies regardless of whether such damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory. 9. Rental Purchase Option. If rental purchase option (RPO) is granted in any addendum, the purchase price shall be tendered to Seller coincidentally with the exercise of the purchase option provided that Buyer is not then in default in performing all of the terms and conditions of lease with Seller. 10. Notice. This paragraph shall serve as notice that The Pape Group, Inc. has assigned its rights to sell its rental equipment (as may be described in this sales order) and its rights to sales proceeds (including "trade-in assets" related thereto) to North Star Deferred Exchange as part of an IRC Sec. 1031 exchange. 11. Attorneys Fees. In the event suit or action is instituted against Buyer on account of or in connection with or based upon the terms hereof, the Buyer agrees to pay, in addition to the costs and disbursements provided by law, such sum as the court may adjudge reasonable attorney's fees in both the trial and appellate courts, or in connection with any bankruptcy proceeding. 12. Entire Agreement. The foregoing and any addendum shall constitute the complete and exclusive agreement between the parties, and it is expressly understood and agreed that no promises, provisions, terms, warranties, conditions, guarantees, or obligations whatsoever, either expressed or implied, other than as herein set forth or provided for shall be binding on either party. Each party may transmit its signature by facsimile to the other party and such facsimile signatures shall have the same force and effect as an original signature. Page 47 of 122 Back to Agenda 310 P t i er Backhoe Loader 20-Oct-2023 Code 17BOT 0202 0351 0259 Description aJOHN DEERE Qty 310 P-tier Backhoe Loader 1 List Price(USD) 17BOT (Gen -A) Ex -Works Dubuque, Iowa, U.S.A. As not all option codes have field kits, please review your order option codes and available kits prior to placing a machine order. Option Codes United States 1 Translated Text Labels 1 Vehicle labels translated to selected language with English labels. Includes labels for operator station, engine and backhoe controls options. English 1 English language for operator's manual and electronic content. Includes operator's manual and 4G OM packet. $154,068.00 No Added Cost No Added Cost No Added Cost P99@e1430122 Back to Agenda 1003 Cab $12,582.00 Isolation mounted modular design ROPS/FOPS level 2 (meets ISO 3449 & ISO 3471) molded roof. Tinted safety glass. Deluxe interior trim. Headliner. Molded floor mat. Less radio (cab includes power connector for radio and threaded bosses for mounting brackets - see radio kit installation instructions). Air conditioning 26,000 BTU. CFC free R134a refrigerant. Heater/defrosters/pressurizer, 40,000 BTU, 10 speed. Deluxe mechanical suspension, cloth, swivel seat with lumbar adjustment and arm rests, fully adjustable. 3 inch orange seat belt with retractor. Tilt steering wheel. Interior rearview mirror. Front 2-speed wiper with windshield washer and rear 1-speed wiper. (2) front driving/working halogen lights - 32,500 candlepower each (2) rear working halogen lights - 32,500 candlepower each (6) additional work roof lights adds 2 front, 2 rear and 1 on each side of roof (4) turn signal/flashing/rear stop/tail lights - 2 front and rear (2) rear reflector See 'Order as Desired' codes for additional cab options not included in standard cab (i.e. air suspension seat, radio, sun visor). 183E JDLinkTM 3006 1 No Added Cost Includes integrated cab wiring harness, antenna, and JDLinkTM Modem's (MTG). JDLinkTM connectivity is enabled separately through the JDLinkTM website. Connectivity service is subject to country availability. Powershift Transmission - Mechanical Front Wheel Drive (MFWD) with 1 Open Differential 4F/2R powershift transmission. Includes torque converter with electrically actuated twist grip TCL in 1st through 4th gears. No Added Cost Pa9@E249fc5122 Back to Agenda 4006 John Deere 4.5L - FT4/Stage IV 1 No Added Cost Net peak power of 100 Hp. For use only in areas where EPA final tier 4/EU stage IV is required. Turbocharged. Wet sleeve cylinder liners. 2 valves / cylinder. Electronically controlled HPCR fuel delivery system, B20 biodiesel compatible. Serpentine belt with automatic belt tensioner. Enclosed safety fan guard. Vertical spin -on engine oil filter. Spin -on fuel filter with water separator. Dual safety element dry -type air cleaner with evacuator valve. Underhood catalysts with vertical curved exhaust stack. Passive flow -through exhaust aftertreatment system with grid heater. Electronically controlled, variable -speed cooling fan. 5247 Galaxy 19.5L-24 12PR Rear & 12-16.5 R4 12PR Front 1 No Added Cost Requires axle code 3006. Rear tire chains require wheel spacers (AT347522). 6154 Dual Batteries with Disconnect, Jump Post, and Engine Block Heater 1 $482.00 350 minute reserve capacity (1900 CCA). Recommended for use in ambient temperatures below 32 degrees F (0 degrees C). Includes engine block heater. 6752 Extendible Dipperstick 1 $10,180.00 Standard stabilizer legs; stabilizer overall width, operating: 11 ft. 7 in. (3.53 m.) 6577 1250 lb. (567 kg.) Front Counterweight 1 $1,846.00 7002 Auxiliary Hydraulics with One & Two Way Flow (Hammer & Thumb/ 1 $4,811.00 Swinger) Includes factory installed plumbing to bulkhead (mid -point of dipperstick) for one and two way flow valves (selective flow and proportional). Includes hydraulic quick disconnect fittings KV11305 and AT312681 for one-way flow circuit rated for full auxiliary circuit flow capacity. Quick disconnects require connection without pressure and are identical to the couplings provided with the front loader 3rd function hydraulic option. 7028 Pilot Controls, Two Lever, with Pattern Selection 1 $2,798.00 Horn button integrated into pilot control levers. Pag@a3s & 122 Back to Agenda 7040 Three -Function Loader Hydraulics, Single Lever 1 $3,431.00 Single lever loader control with electric clutch disconnect, momentary MFWD, and electro- hydraulic auxiliary control. For front attachments. Includes valve with circuit relief and .5 in. (12.7 mm) hoses and steel lines to loader cross tube. 7806 24 in. (611 mm.) Heavy -Duty Bucket, 6.9 cu. ft. (0.20 cu. m.) 1 $2,286.00 Pin -on bucket includes 5 teeth, TK-system Fanggs 7707 Multi -Brand Quick Coupler - 42 in. Thumb Ready 1 $1,805.00 Includes factory installed thumb cylinder mounting ears installed onto dipper. If factory installed thumb option required, order code 8027 - 42 inch tine. For use with Deere C, D, SE, SG, SJ, SK, SL & SL HL series buckets and with Case K, L, M and Cat C series buckets. Not for use with 710 buckets. Not compatible with Case N-series. Spacers are recommended for Cat and Case buckets, see bulletin 07BH08 for details. 7856 86 in. (2.18 m.) Multi -Purpose Bucket, 1.22 cu. yd. (0.93 cu. m.) 1 $10,629.00 Pin -on bucket includes reversible bolt -on cutting edges and skid plates. Requires third function hydraulics. Pre -drilled for seven teeth - order teeth from parts. 8096 Premium Mirror Option - Exterior Rear View Mirrors (2) and Front View 1 $177.00 Mirror (1) 8109 Sun Visor 1 $100.00 8146 Left Side Console Storage with Cup Holders 1 $85.00 8183 Radio, Bosch Premium Package 1 $1,424.00 AM/FM/Weather Radio, Bluetooth capable with microphone, 3.5mm auxiliary input, USB input, roof power port, roof storage compartment. 8208 Seat, Cloth Air -Suspension - Heated 1 $1,044.00 For enclosed Cab. Pagge4mfd 122 Back to Agenda 8075 Diagnostic Oil Sampling Ports 1 $217.00 Requires code engine code 4006. Includes 4 ports: Engine oil Engine coolant Transmission oil Hydraulic oil 8226 Strobe Light with Magnetic Mount 1 $617.00 Light is shipped loose in the cab. 8131 Heavy -Duty Stabilizer Pads 1 $485.00 Laminated and reinforced rubber, compressed on edge within the steel shoe for improved durability and wear performance. 8202 Manual Ride Control 1 $2,087.00 8027 Thumb - 42 in. 4 Tine 1 $7,043.00 Reference bulletin 17131-108 for compatibility with couplers and buckets, and to determine necessary thumb length. Requires two-way auxiliary hydraulics, code 7002. It does include plumbing for two-way auxiliary valve. 8115 MFWD Driveshaft Guard 1 $449.00 Recommended when operating over large rocks or stumps. Total $218,646.00 Manufacturer's Suggested List Price shown. Fbtail prices may vary by dealer. Unlessstated otherwise, taxes, freight, setup, delivery and other dealer specific charges not included in the pricing. Options/items noted with anything other than price will have additional costs. Pricing, availability, and specifications subject to change without notice. Special program pricing may be available on certain models. See dealer for details. Prices shown are in U.S. dollarsand valid only in the U.S. ,: k : a•Y.' tl� Back to Agenda IV OR 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: John Deere 310SL Backhoe Loader 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: #1056 -1994 Backhoe w/ bucket 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 53 of 122 Back to Agenda X Requested Vehicle / Equipment does not have a standard Cost $143,705.69 Fleet standard cost Additional cost for consideration and business case: Licensing, city decals- $437.20 TOTAL $144,142.89 $437.20 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 3/4 Ton 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. Department Direct 11 /7/23 Date Page 54 of 122 Back to Agenda Approved for purchase by: ER&R Representative Date Page 55 of 122 SALES Back to Agenda l0 E (3/11) MACRINERY ORDER REFERENCE NUMBER BILL TO SIC Code: Buyer: CITY OF PORT ORCHARD Address: City: State: WA Zip: County: Customer No.: Ph. No. Fax No. SHIP TO Address: Name: City, State: Zip: County: DELIVERY DATE (EST): I P.O. No. EQUIPMENT I MAKE MODEL 310 P EQUIP.# TRANSACTION INVENTORY JOHN DEERE SER.# TBD SALE ❑X RPO NEW USED RENT ❑ ❑X ❑ ❑ Description: See NEW JOHN DEERE 310P BACKHOE LOADER EQUIPPED AS SPECIFIED ON BULD SHEETS Attached $218,646.00 SOURCEWELL CONTRACT #011723-JDC SOURCEWELL CONTRACT DISCOUNT OFF LIST 43% -$94,017.78 ADDITIONAL COSTS FACTORY FREIGHT $4,650.00 PDI, LOACAL DELIVERY $2,200.00 Delay / F.O.B. AGREED PRICE $ $131,478.22 TRADE YEAR MAKE MODEL SERIAL NUMBER NA If Tax Exempt, Provide Certificate or enter Rate Below Sales Tax ( %) $0.00 Lienholder: Total Price $131,478.22 Trade-in Allowance: $0.00 Less (Est.) Payoff: $0.00 Net Trade in $0.00 BILL OF SALE: FOR TRADE -IN DESCRIBED HEREIN. WE CERTIFY THAT THERE IS NO LIEN, CLAIM, DEBT, MORTGAGE OR ENCUMBERANCE OF ANY KIND, NATURE OR DESCRIPTION AGAINST THIS PROPERTY NOW EXISTING, OF RECORD OR OTHERWISE AND THAT SAME IS FREE AND CLEAR AND IS MY/ OUR SOLE AND ABSOLUTE PROPERTY EXCEPT AS NOTED ABOVE. BUYER'S SIGNATURE: X Sales Tax ( 9.3 %) $12,227.47 Balance Due $143,705.69 Down Payment $0.00 IF ❑ FINANCED ❑ ON ACCOUNT ❑ CASH/COD $0.00 TERMS SUBJECT TO APPROVAL): Approx License Fee $0.00 Amount to Finance $143,705.69 Length of Term Est. PMT. W/ Ins. INSURANCE AGENT: Est. Pmt. W/O Ins. WARRANTY ❑ NEW BASIC ❑ AS IS / NO WARRANTY (DESCRIBE) ❑ NEW EXTENDED USED (DESCRIBE) (DESCRIBE) This Sales Order is subject to additional terms and conditions on the reverse side of this document. The undersigned Buyer agrees that it has read and understands the terms and conditions, warranty disclaimers, and limitations of liability set out in the additional terms and conditions on the reverse side of this document and that the same are included in and are part of this Sales Order as if set forth on the face hereof. PAPS MACHINERY, Inc. (Store Address): 3607 - 20th Street East TACOMA, WA 98424 By: (253) 922-8718 Title: Territory Mgr Date: By: By: Date: BUYER Title: Title: Page 56 of 122 Back to Agenda • Page 2 of 2 Init. TERMS AND CONDITIONS OF SALE :RMS AND CONDITIONS OF SALE: Sales Orders are based on terms and conditions stated herein. Unless otherwise provided on face hereof, offers are good for acceptance for a period of 30 days im the date hereof. An order by the Buyer shall constitute an ceptance of the terms and conditions herein proposed. If, and only no offer of sale is issued by Seller, then the invoice shall be emed: an acceptance of the Buyer's order; a written confirmation; d a final, complete, and exclusive written expression of the reement between Seller and Buyer. Buyer is hereby notified that ditional or different terms from those contained herein are Taxes. Buyer shall pay all local, state, and federal taxes arising )m or related to any sale or lease to which this document relates, :cept for taxes upon or measured by net income of Seller. Delivery. Stated or promised delivery dates are estimates only ised upon Seller's best judgment and Seller shall not be responsible r deliveries later than promised regardless of the cause. Delivery �riods are projected from the date of receipt of any order by Seller, it if equipment to be furnished by Seller is to be manufactured iecifically to fill a particular order, delivery periods will be projected )m the date of Seller's receipt of complete manufacturing formation. If the furnishing of equipment on orders accepted by alter is hindered or prevented by public authority or by the existence war or other contingencies, including, but not limited to, shortage of aterials, fires, labor difficulties, accidents, delays in manufacture or insportation, acts of God, embargoes, inability to ship, inability to sure against war risks or substantially increased prices or freight tes, or other causes beyond Seller's control, the obligation to fill or omplete such orders shall be excused by Seller's option. Transportation and Claims. Prices quoted are net F.O.B. point esignated in writing by Seller. When no F.O.B. point is designated in •iting by Seller, prices for new equipment shall be deemed to be net O.B. point of manufacture and prices for all other equipment shall be :erred to be F.O.B. Seller's place of business at which the order for e equipment is accepted. When transportation is allowed, the price iarged will be adjusted to reflect the lowest transportation rates in Fect at the time of shipment even though such rates may differ from ose quoted by Seller. Seller's responsibility for the equipment shall :ase and all risk of loss shall become the Buyer's upon delivery of the luipment to the first carrier for shipment to the Buyer or his msignee, even though such delivery shall be made prior to the arrival the equipment at the F.O.B. point designated, and any and all aims for shortages, deliveries, damages or non -delivery must be ade by the Buyer or his consignee to the carrier. Seller shall in no Fent be responsible for shortages in shipments unless notice of such iortage is given in writing to Seller within 15 days after receipt of Payment and Security. Buyer agrees to pay in full for the uipment at time of delivery. Buyer agrees to pay the late charge on y past due balance at the rate of 18% per annum. The signator irrants that he/she has authority to execute this order on behalf of y party for whom he/she signs, and that such party has the power to ter into this agreement and perform its terms. As security for all of yer's obligations to Seller, Buyer grants to Seller a security interest the equipment and authorizes Seller to file all documents necessary perfect Seller's security interest. The security interest granted reunder is in addition to any other rights available to Seller, and Iler shall have all of the rights and remedies available to a secured rty under the Uniform Commercial Code, all of which are mulative. Throughout the duration of Seller's security interest. Buyer all keep the equipment fully insured against theft and loss or mage by fire and other casualty as Seller may from time to time quire in accordance with such terms as Seller may require. Buyer to Furnish. Performance by Seller is subject to the Buyer nishing a satisfactory credit rating certificate, letter of credit, dence of financing, or any other similar papers necessary for the tisfactory completion of such order. Laws Governing. All orders will be governed by the laws of the ate of Oregon. 7. Assignment. The right to any monies due or to become due hereunder may be assigned by Seller, and Buyer, upon receiving notice of such assignment, shall make payment as directed. 8. Limitations of Warranties. If "NEW" warranty is indicated on the reverse side or if new equipment is purchased hereunder, all warranties are strictly given only by the manufacturer. Copies of manufacturer's warranty can be obtained from Seller. If "USED" warranty is indicated on the reverse side. Seller hereby warrants to Buyer that the equipment or components thereof designated on the reverse side, shall be free under normal use and service from defects in material and workmanship for the period shown, commencing on the date of delivery. Buyer's exclusive remedy for breach of the limited warranty shall be the repair or replacement of the warranted equipment without charge to Buyer when returned at Buyer's expense to the Seller's facility where the equipment was purchased, with proof of purchase. Buyer must give notice of any warranty claim not later than 7 days after the expiration of the warranty period and must return the equipment to Seller for repair or replacement no later than 30 days after expiration of the warranty period. Any action against Seller for breach of the limited warranty must be commenced within one year after the date of delivery of the equipment. Seller's warranty does not extend to any defect, claim, or damage attributable to the failure to operate and/or maintain the equipment in accordance with the manufacturer's specifications, or due to the failure to operate or maintain the equipment in accordance with any recommendations of Seller. If "AS IS" is indicated on the reverse side, no warranty of any kind is being given and the equipment is being sold with all faults. THE WARRANTIES IN THIS PARAGRAPH AND ON THE REVERSE SIDE ARE THE EXCLUSIVE WARRANTIES GIVEN BY SELLER AND SUPERSEDE ANY PRIOR. CONTRARY, OR ADDITIONAL REPRESENTATIONS, WHETHER ORAL OR WRITTEN. SELLER HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SELLER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, OR DAMAGE TO PERSONS OR PROPERTY RESULTING FROM THE FAILURE OR DEFECTIVE OPERATION OF THE EQUIPMENT; NOR WILL SELLER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND SUSTAINED FROM ANY CAUSE. This exclusion applies regardless of whether such damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory. 9. Rental Purchase Option. If rental purchase option (RPO) is granted in any addendum, the purchase price shall be tendered to Seller coincidentally with the exercise of the purchase option provided that Buyer is not then in default in performing all of the terms and conditions of lease with Seller. 10. Notice. This paragraph shall serve as notice that The Pape Group, Inc. has assigned its rights to sell its rental equipment (as may be described in this sales order) and its rights to sales proceeds (including "trade-in assets" related thereto) to North Star Deferred Exchange as part of an IRC Sec. 1031 exchange. 11. Attorneys Fees. In the event suit or action is instituted against Buyer on account of or in connection with or based upon the terms hereof, the Buyer agrees to pay, in addition to the costs and disbursements provided by law, such sum as the court may adjudge reasonable attorney's fees in both the trial and appellate courts, or in connection with any bankruptcy proceeding. 12. Entire Agreement. The foregoing and any addendum shall constitute the complete and exclusive agreement between the parties, and it is expressly understood and agreed that no promises, provisions, terms, warranties, conditions, guarantees, or obligations whatsoever, either expressed or implied, other than as herein set forth or provided for shall be binding on either party. Each party may transmit its signature by facsimile to the other party and such facsimile signatures shall have the same force and effect as an original signature. Page 57 of 122 Back to Agenda 310 P t i er Backhoe Loader 20-Oct-2023 Code 17BOT 0202 0351 0259 Description aJOHN DEERE Qty 310 P-tier Backhoe Loader 1 List Price(USD) 17BOT (Gen -A) Ex -Works Dubuque, Iowa, U.S.A. As not all option codes have field kits, please review your order option codes and available kits prior to placing a machine order. Option Codes United States 1 Translated Text Labels 1 Vehicle labels translated to selected language with English labels. Includes labels for operator station, engine and backhoe controls options. English 1 English language for operator's manual and electronic content. Includes operator's manual and 4G OM packet. $154,068.00 No Added Cost No Added Cost No Added Cost P99§e198f& 122 Back to Agenda 1003 Cab $12,582.00 Isolation mounted modular design ROPS/FOPS level 2 (meets ISO 3449 & ISO 3471) molded roof. Tinted safety glass. Deluxe interior trim. Headliner. Molded floor mat. Less radio (cab includes power connector for radio and threaded bosses for mounting brackets - see radio kit installation instructions). Air conditioning 26,000 BTU. CFC free R134a refrigerant. Heater/defrosters/pressurizer, 40,000 BTU, 10 speed. Deluxe mechanical suspension, cloth, swivel seat with lumbar adjustment and arm rests, fully adjustable. 3 inch orange seat belt with retractor. Tilt steering wheel. Interior rearview mirror. Front 2-speed wiper with windshield washer and rear 1-speed wiper. (2) front driving/working halogen lights - 32,500 candlepower each (2) rear working halogen lights - 32,500 candlepower each (6) additional work roof lights adds 2 front, 2 rear and 1 on each side of roof (4) turn signal/flashing/rear stop/tail lights - 2 front and rear (2) rear reflector See 'Order as Desired' codes for additional cab options not included in standard cab (i.e. air suspension seat, radio, sun visor). 183E JDLinkTM 3006 1 No Added Cost Includes integrated cab wiring harness, antenna, and JDLinkTM Modem's (MTG). JDLinkTM connectivity is enabled separately through the JDLinkTM website. Connectivity service is subject to country availability. Powershift Transmission - Mechanical Front Wheel Drive (MFWD) with 1 Open Differential 4F/2R powershift transmission. Includes torque converter with electrically actuated twist grip TCL in 1st through 4th gears. No Added Cost Pag@E299fd 122 Back to Agenda 4006 John Deere 4.5L - FT4/Stage IV 1 No Added Cost Net peak power of 100 Hp. For use only in areas where EPA final tier 4/EU stage IV is required. Turbocharged. Wet sleeve cylinder liners. 2 valves / cylinder. Electronically controlled HPCR fuel delivery system, B20 biodiesel compatible. Serpentine belt with automatic belt tensioner. Enclosed safety fan guard. Vertical spin -on engine oil filter. Spin -on fuel filter with water separator. Dual safety element dry -type air cleaner with evacuator valve. Underhood catalysts with vertical curved exhaust stack. Passive flow -through exhaust aftertreatment system with grid heater. Electronically controlled, variable -speed cooling fan. 5247 Galaxy 19.5L-24 12PR Rear & 12-16.5 R4 12PR Front 1 No Added Cost Requires axle code 3006. Rear tire chains require wheel spacers (AT347522). 6154 Dual Batteries with Disconnect, Jump Post, and Engine Block Heater 1 $482.00 350 minute reserve capacity (1900 CCA). Recommended for use in ambient temperatures below 32 degrees F (0 degrees C). Includes engine block heater. 6752 Extendible Dipperstick 1 $10,180.00 Standard stabilizer legs; stabilizer overall width, operating: 11 ft. 7 in. (3.53 m.) 6577 1250 lb. (567 kg.) Front Counterweight 1 $1,846.00 7002 Auxiliary Hydraulics with One & Two Way Flow (Hammer & Thumb/ 1 $4,811.00 Swinger) Includes factory installed plumbing to bulkhead (mid -point of dipperstick) for one and two way flow valves (selective flow and proportional). Includes hydraulic quick disconnect fittings KV11305 and AT312681 for one-way flow circuit rated for full auxiliary circuit flow capacity. Quick disconnects require connection without pressure and are identical to the couplings provided with the front loader 3rd function hydraulic option. 7028 Pilot Controls, Two Lever, with Pattern Selection 1 $2,798.00 Horn button integrated into pilot control levers. Pa9@E&0fd 122 Back to Agenda 7040 Three -Function Loader Hydraulics, Single Lever 1 $3,431.00 Single lever loader control with electric clutch disconnect, momentary MFWD, and electro- hydraulic auxiliary control. For front attachments. Includes valve with circuit relief and .5 in. (12.7 mm) hoses and steel lines to loader cross tube. 7806 24 in. (611 mm.) Heavy -Duty Bucket, 6.9 cu. ft. (0.20 cu. m.) 1 $2,286.00 Pin -on bucket includes 5 teeth, TK-system Fanggs 7707 Multi -Brand Quick Coupler - 42 in. Thumb Ready 1 $1,805.00 Includes factory installed thumb cylinder mounting ears installed onto dipper. If factory installed thumb option required, order code 8027 - 42 inch tine. For use with Deere C, D, SE, SG, SJ, SK, SL & SL HL series buckets and with Case K, L, M and Cat C series buckets. Not for use with 710 buckets. Not compatible with Case N-series. Spacers are recommended for Cat and Case buckets, see bulletin 07BH08 for details. 7856 86 in. (2.18 m.) Multi -Purpose Bucket, 1.22 cu. yd. (0.93 cu. m.) 1 $10,629.00 Pin -on bucket includes reversible bolt -on cutting edges and skid plates. Requires third function hydraulics. Pre -drilled for seven teeth - order teeth from parts. 8096 Premium Mirror Option - Exterior Rear View Mirrors (2) and Front View 1 $177.00 Mirror (1) 8109 Sun Visor 1 $100.00 8146 Left Side Console Storage with Cup Holders 1 $85.00 8183 Radio, Bosch Premium Package 1 $1,424.00 AM/FM/Weather Radio, Bluetooth capable with microphone, 3.5mm auxiliary input, USB input, roof power port, roof storage compartment. 8208 Seat, Cloth Air -Suspension - Heated 1 $1,044.00 For enclosed Cab. PaggeWcS 122 Back to Agenda 8075 Diagnostic Oil Sampling Ports 1 $217.00 Requires code engine code 4006. Includes 4 ports: Engine oil Engine coolant Transmission oil Hydraulic oil 8226 Strobe Light with Magnetic Mount 1 $617.00 Light is shipped loose in the cab. 8131 Heavy -Duty Stabilizer Pads 1 $485.00 Laminated and reinforced rubber, compressed on edge within the steel shoe for improved durability and wear performance. 8202 Manual Ride Control 1 $2,087.00 8027 Thumb - 42 in. 4 Tine 1 $7,043.00 Reference bulletin 17131-108 for compatibility with couplers and buckets, and to determine necessary thumb length. Requires two-way auxiliary hydraulics, code 7002. It does include plumbing for two-way auxiliary valve. 8115 MFWD Driveshaft Guard 1 $449.00 Recommended when operating over large rocks or stumps. Total $218,646.00 Manufacturer's Suggested List Price shown. Fbtail prices may vary by dealer. Unlessstated otherwise, taxes, freight, setup, delivery and other dealer specific charges not included in the pricing. Options/items noted with anything other than price will have additional costs. Pricing, availability, and specifications subject to change without notice. Special program pricing may be available on certain models. See dealer for details. Prices shown are in U.S. dollarsand valid only in the U.S. Pa9@E5&c5122 Back to Agenda CITY OF PORT ORCHARD 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 John Deere 310P Backhoe 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 OSP Contract No.#: Sourcewell #011 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 63 of 122 Back to Agenda ;W 4 a Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 4H Approval of the 2023 Proposed Code Amendment Docket Meeting Date: November 14, 2023 Prepared by: Nicholas Bond Atty Routing No. Atty Review Date DCD Director N/A N/A Summary: The docketing procedure for suggested code amendments consistent with Port Orchard Municipal Code (POMC) 20.06 involves a structured method for organizing and prioritizing proposed amendments. Individuals, departments, or committees may submit their proposed code amendments for consideration. These proposals can come from City Council members, the Planning Commission, the Director of Community Development, or other relevant stakeholders. The Department of Community Development collects suggested code amendments from all stakeholders submitted to the Department prior to September 30th of each calendar year. The proposed amendments are then reviewed by the Department of Community Development, which assesses their feasibility, alignment with city goals, in compliance with POMC 20.06. This review ensures that the proposed changes meet legal requirements and are consistent with the adopted Comprehensive Plan. Subsequently, a docket is prepared, listing the proposed amendments in order of priority and providing a brief description of each. This docket was presented to the Land Use Committee and shared with the public for transparency and awareness. At the October 4, 2023 Land Use Committee meeting, the Committee formally reviewed the proposed amendments docket and evaluated the priority, feasibility, and potential impact of each proposed amendment, and recommend adjustments to the docket. The Committee recommended that Items 9 and 10 be removed from the proposed docket. After the Land Use Committee meeting and recommendation, staff identified another necessary amendment to create a fourplex building type in the McCormick Village Overlay District (MVOD). As an oversight to middle housing needs, the fourplex building type was not included in the adopted MVOD standards. Staff proposes the creation of this building type to allow additional flexibility in housing product in the subarea's neighborhood core. This amendment should move forward independently of the remaining suggested code amendments. After considering public input and Land Use Committee recommendations, the docket is finalized, incorporating any necessary changes and presented to the City Council for action. The City Council may review and approve the final docket of proposed amendments, offer alternatives, and/or choose not to approve a docket of annual amendments. The City Council action signifies the acceptance of the prioritization and scheduling of the proposed code amendments. If approved, or approved with modifications, an approved docket is integrated into the city's work plan, outlining the timeline and scheduling for addressing each proposed amendment in alignment with its priority. Page 64 of 122 Back to Agenda Consent Agenda 4H Page 2 of 2 This docketing procedure ensures a structured approach to considering and prioritizing suggested code amendments in adherence to POMC 20.06, promoting transparency, community engagement, and effective implementation of the proposed changes. The attached table introduces a list of suggested code amendments received from the public and City of Port Orchard staff prior to September 30, 2023, incorporates the Land Use Committee's recommendations, and includes the MVOD Fourplex addition. The Department of Community Development recommends the approval of the suggested code amendment docket. These amendments are vital for advancing our urban form objectives and aligning with our long-term city development goals. Except for the MVOD-Fourplex building type, the proposed suggested code amendments should be integrated into the City of Port Orchard Comprehensive Plan periodic update. The periodic update is a comprehensive effort that has been in progress since the summer of 2022 and is anticipated to conclude by December 31, 2024. The Comprehensive Plan periodic update is expected to yield several more essential code updates. Some of these updates are mandated by the State of Washington as a result of recent legislative sessions. This integration ensures that the work related to the suggested code amendments aligns with the broader objectives outlined in the Comprehensive Plan, the work associated with the periodic update, and the mandates from the Legislature Relationship to Comprehensive Plan: Code revision will implement various goals and policies consistent with the adopted Comprehensive Plan. Recommendation: Staff recommends that the City Council approve the 2023 Code Amendment docket with the Land Use Committee's revisions pursuant to POMC 20.06.040 and incorporate it into the 2024 Comprehensive Plan Periodic Update and begin work on the creation of development standards for a fourplex building type in the McCormick Village Overlay district independent of periodic update work, as presented. Motion for consideration "I move to approve the 2023 Code Amendment docket pursuant to POMC 20.06.040 incorporating it into the 2024 Comprehensive Plan Periodic Update, and direct staff to begin work developing a code amendment to create development standards for a fourplex building type in the McCormick Village Overlay District independent of the 2024 Comprehensive Plan periodic Update, as presented." Fiscal Impact: This proposal is not expected to impact the City's budget. Alternatives: Revise the proposed 2023 Code Amendment Docket; or, do not consider any code amendments in 2023. Attachments: 2023 Code Amendments Docket Page 65 of 122 Back to Agenda TITLE 20 POMC - SUGGESTED 2023 ANNUAL CODE AMENDMENT REVISIONS Item # Section Title Comment Individual/Organization Date Class 1 20.127.020 Applicability and compliance Create exemption for boathouses from the design standards City of Port Orchard 1/18/2023 Design Create exemption for public buildings (such as pump houses and lift stations if they are 2 20.127.020 Applicability and compliance not visible from the ROW) from design standards. City of Port Orchard 1/18/2023 Design On -site open space contains zoning designation of "Employment-industrial/office zone" language that is a hold -over from a previous version of the code. This language 3 20.127.350(3) Usable Commercial Open Space. should be replaced with current implementation designation of industrial properties. City of Port Orchard 1/26/2023 Code consistency The term "home business" or "home businesses" shall include home (cottage) 4 20.60.020 Definition — Home business. industry, home occupation and home profession as defined in Chapter 20.12 POMC. - City of Port Orchard 2/16/2023 Code consistency Multifamily is permitted in NMU. These sections indicate apartment as an 3/29/2023 Code consistency 20.32.100 & 20.32.015 Apartment - NMU unpermitted building type. POMC 20.32.010(9) indicates apartments are permitted in 5 NMU City of Port Orchard Under RCW 35A.21.430 (2021), Washington cities may not prohibit permanent supportive housing or transitional housing in areas where multifamily housing or hotels are permitted (other parts of state law define "multifamily" as four or more units). This supersedes a similar 2019 law, RCW 35A.21.305. Similarly, emergency shelter and emergency housing may not be prohibited in any zones in which hotels are allowed.emergency shelter and emergency housing must also be allowed in the GMU 6 120.39.040 Supportive housing zone, where hotels are allowed City of Port Orchard 3/29/2023 Land Use This building type is described as allowing 3-4 units, but its name is misleading and 7 20.32.015 & 20.32.080 Fourplex may cause code users to conclude triplex buildings are not allowed. City of Port Orchard 3/29/2023 Land Use 20.98.060 Inspection and acceptance of improvements. Section is unclear regarding the issuance of building permits when subdivider has 3/30/2023 Clarification posted a performance bond. Consider clarifying the issuance of 50% of building 8 permits subject to a performance bond within a development. City of Port Orchard 7n '1 24 'Inn rv:zrrzty nn�r,�r.. wn parkin stan.J-..-.J.- rL,-, " " 25 staII&AIq-e J c��ai�Sc unit of measure to bed and require . �.,hp Willm-... r C /2� n.,,,.,1.,.,..�..,..+ c+-..�,.J-..-.J 449 7ny t Minimum, .,-,.I.ir. +-,.,.J-,..J� r Include .,i+ .,F ,„ .- ��r, r h.,.Jr., ,„�� and ., 'I .-r-,II /h.,.Jr...,.,-, � Johnn��llffi-,r„_ C /2 n,,.,,,l.,r,.,,,,.,+ 11 20.124.140 Minimum parking standards Revise to be consistent with detached house as required by RCW 70.128.140 City of Port Orchard 7/24/2023 Development standards Revise timing of proposed code amendments consideration to be consistent with 12 20.06.040 Timing and process for consideration. POMC 20.04.060 City of Port Orchard 9/19/2023 Code consistency Create fourplex building type and associated development standards for the 13 20.38.225 & 20.38.230 Fourplex - MVOD McCormick Village Overlay District. City of Port Orchard 10/23/2023 Development Standard Page 66 of 122 Back to Agenda ;0 4 a Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 41 Approval of a Contract with the Washington State Office of Public Defense for Public Defense Services Meeting Date: Prepared by: November 14, 2023 Sharon Ells Court Administrator Atty Routing No.: N/A Atty Review Date: N/A Summary: In 2016, the city adopted Resolution 021-16 which increased the compensation for the conflict public defenders from $38 per hour with a maximum of $380 per case to $55 per hour with a maximum of $550 per case. After receiving grant funds in 2016, the City was able to add an additional conflict public defender to the Conflict Public Defender List. The grant funds received will allow the city to provide a sufficient number of attorneys to meet the mandatory caseload limits and to provide attorneys at all in custody hearings. Before receiving grant funds, the Court had difficulty obtaining the services of a competent conflict public defender. If the City receives grants funds for 2024 and 2025, the funding will allow the City to sustain the increase to the conflict attorneys' compensation as well as sustain the increased compensation to the contract firm. The 2024-2025 grant amount is for $24,000. Recommendation: Staff recommends the Council authorize the mayor to sign the Washington State Office of Public Defense Grant. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to authorize the mayor to sign the Washington State Office of Public Defense Grant. Fiscal Impact: Additional revenue to improve the quality of public defense services. Alternatives: Not authorize the agreement and provide additional guidance Attachments: Washington State Office of Public Defense Grant Page 67 of 122 Back to Agenda Grant Agreement No. GRT24039 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Grantee 2. Grantee Representative City of Port Orchard Sharon Ells 216 Prospect Street Court Administrator Port Orchard, WA 98366 216 Prospect Street Port Orchard, WA 98366 3. Office of Public Defense (OPD) 4. OPD Representative 711 Capitol Way South, Suite 106 Geoffrey D. Hulsey PO Box 40957 Managing Attorney Olympia, WA 98504-0957 Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 5. Grant Amount 6. Grant Period $24,000.00 January 1, 2024 through December 31, 2025 7. Grant Purpose The Chapter 10.101 RCW city grants are competitive grants for the purpose of improving the quality of public defense services in Washington municipalities. (See Chapter 10.101 RCW.) The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of this Grant Agreement and attachments and have executed this Grant Agreement on the date below to start January 1, 2024 and end December 31, 2025. The rights and obligations of both parties to this Grant are governed by this Grant Agreement and the following other documents incorporated by reference: Special Terms and Conditions of the City Grant Agreement, General Terms and Conditions of City Grant Agreement, and Exhibits A, B, C, and D. FOR THE GRANTEE FOR OPD Geoffrey D. Hulsey, Managing Attorney Name, Title Public Defense Improvement Program, OPD Date Date Grant Agreement GRT24039 Face Sheet Page 1 of 16 Page 68 of 122 Back to Agenda SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Grant. The Representative for OPD and their contact information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. GRANT AWARD AMOUNT The Grantee is awarded twenty-four thousand dollars and 00/100 Dollars ($24,000.00) to be used for the purpose(s) described in the USE OF GRANT FUNDS below. One-half of the award amount shall be disbursed to Grantee in January 2024 for intended use during calendar year 2024. The remaining one- half shall be disbursed to Grantee in January 2025 for intended use during calendar year 2025. The disbursement of any grant funds is subject to the availability of funding appropriated to OPD by the Washington State Legislature. 3. PROHIBITED USE OF GRANT FUNDS (as adopted in OPD Policy County/City Use of State Public Defense Funding) a. Grant funds cannot be used to supplant local funds that were being spent on public defense prior to the initial disbursement of state grant funds. b. Grant funds cannot be spent on purely city or court administrative functions or billing costs. c. Grant funds cannot be used for cost allocation. d. Grants funds cannot be used for indigency screening costs. e. Grant funds cannot be used for city or court technology systems or administrative equipment. f. Grant funds cannot be used for city attorney time, including advice on public defense contracting. 4. USE OF GRANT FUNDS a. Grantee agrees to use the grant funds for the following: i. Additional attorneys to reduce caseloads; ii. Increased compensation for public defense service providers; iii. Public defense representation at preliminary appearance calendars. b. Grantee agrees to obtain OPD's written permission before funds are used for any purpose other than those listed in Section 4a above. Permission issued by electronic mail shall be sufficient for purposes of identifying other uses of grant funds not listed in section a. c. Grantee understands that the first disbursement of funds will be in calendar year 2024, and the second disbursement of funds will be in calendar year 2025. Grantee agrees that all disbursed funds will be used by the end of calendar year 2025. If Grantee is unable to use the funds by the end of calendar year 2025, the Grantee agrees to notify OPD to determine what action needs to be taken. d. Grantee agrees to deposit the grant check within fourteen days of receipt. 5. OVERSIGHT Grant Agreement GRT24039 Special Terms and Conditions Page 2 of 16 Page 69 of 122 Back to Agenda Grantee agrees to submit written reports to OPD. The first report shall be submitted to OPD no later than June 1, 2024 using the template found in Exhibit A. The second report shall be submitted to OPD no later than December 1, 2024 using the template found in Exhibit B. The third report shall be submitted to OPD no later than June 1, 2025 using the template found in Exhibit C. The final report shall be submitted to OPD no later than December 1, 2025 using the template found in Exhibit D. Reports must be submitted along with the Grantee City's public defense attorneys' contracts, certifications of compliance, and other required documentation. b. Over the duration of the grant term, OPD may conduct site visits for purposes of addressing improvements to public defense and ensuring the use of grant funds for their specified purposes. At OPD's request, Grantee will assist in scheduling such site visits and inviting appropriate attendees such as, but not limited to: public defense attorneys, judicial officers, and city representatives. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes, regulations, and court rules • Special Terms and Conditions of the City Grant • General Terms and Conditions of the City Grant Grant Agreement GRT24039 Special Terms and Conditions Page 3 of 16 Page 70 of 122 Back to Agenda GENERAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT 1. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 2. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendment shall not be binding unless it is in writing and signed by personnel authorized to bind each of the parties. 3. AMERCIANS WITH DISABILITIES ACT (ADA) OF 1990. PUBLIC LAW 101-336. also referred to as the "ADA" 29 CFR Part 35. The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 4. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of OPD. 5. ATTORNEY'S FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs. 6. CONFORMANCE If any provision of this Grant violates any statute or rule of law of the State of Washington, it is considered modified to conform to that statute or rule of law. 7. ETHICS/CONFLICTS OF INTEREST In performing under this Grant, the Grantee shall assure compliance with the Ethics in Public Service, Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or conflicts of interest. 8. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the State of Washington, OPD, all other agencies of the State and all officers, agents and employees of the State, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Grant. 10. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies of local and state and federal governments, as now or hereafter amended. Grant Agreement GRT24039 General Terms and Conditions Page 4 of 16 Page 71 of 122 Back to Agenda 11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part. 12. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of the Grant, OPD reserves the right to recapture funds in an amount to compensate OPD for the noncompliance in addition to any other remedies available at law or in equity. 13. RECORDS MAINTENANCE The Grantee shall maintain all books, records, documents, data and other evidence relating to this Grant. Grantee shall retain such records for a period of six (6) years following the end of the grant period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 14. RIGHT OF INSPECTION At no additional cost all records relating to the Grantee's performance under this Grant shall be subject at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor, and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Grant. The Grantee shall provide access to its facilities for this purpose. 15. SEVERABILITY If any provision of this Grant or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be severable. 16. SUBJECT TO THE AVAILABILITY OF FUNDS Any full or partial allocation of funds under this Grant is subject to the appropriation of funds by the Washington Legislature to OPD. 17. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing. Grant Agreement GRT24039 General Terms and Conditions Page 5 of 16 Page 72 of 122 Back to Agenda Exhibit A Washington State Office of Public Defense Public Defense Improvement Program City Grant Report #1 All City grant recipients are required to submit a completed copy of this report, along with corresponding documentation, to the Washington State Office of Public Defense by June 1, 2024. City: Date Completed: Contact Name: Title: Mailing Address: Phone: Email Address: 1.1 In 2023, the city paid indigent defense expenses as follows: City Funds Chapter 10.101 RCW State Other Funds Grant Funds Attorney salaries and benefits, contract and conflict attorney compensation $ $ $ Investigators, experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ Grant Agreement GRT24039 Exhibit A — Grant Report #1— Due June 1, 2024 Page 6 of 16 Page 73 of 122 Back to Agenda 1.2 For 2024, the city has budgeted indigent defense expenses as follows: Chapter 10.101 RCW State City Funds Grant Funds Other Funds Attorney salaries and benefits, contract and conflict attorney compensation $ $ $ Investigators, experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ 1.3 What amount of the 2024 RCW 10.101 grant funds has been spent to date? 2.1 Provide the following data for the total number of public defense cases assignments in 2023: Fill in section 2.1(a) if the city has a public defender agency or contracts with a county public defender agency or non-profit public defense firm. Fill in section 2.1(b) for list appointments or contracts with private attorneys. a. Cities using public defender agencies. Number of cases assigned to public defender agency (not including conflict counsel): Number of probation violations and other miscellaneous post sentencing hearings assigned: Number of full -time -equivalent public defenders: Average per -attorney caseload, if available: b. Cities using list appointments or contracts with private firms. Number of cases assigned to public defense attorneys: Number of probation violations and other miscellaneous post sentencing hearings assigned: Number of attorneys with public defense contracts or on court's appointment list: Grant Agreement GRT24039 Exhibit A — Grant Report #1— Due June 1, 2024 Page 7 of 16 Page 74 of 122 Back to Agenda 3.1 Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions): 3.2 Description of How Grant Funds Have Been Used to Date: 3.3 Plans for Utilizing Remaining Funds by End of Calendar Year (If Applicable): 3.4 Description of Impact State Funds Have Had on Local Public Defense Services: 4.1 If the city has public defense contracts, fill out the Table of Public Defense Contracts (Table I), and attach a copy of each current contract in alphabetical order by attorney name. Failure to provide current contracts could result in an incomplete report. 4.2 If the court appoints public defense attorneys from a list, provide the name of each attorney and the compensation paid per case or per hour in the Table of List -Appointed Public Defense Attorneys (Table 11). 4.3 If the City has adopted any new public defense policies, ordinances, or resolutions within the last year, please attach them to this report. 4.4 Provide copies of attorneys' 2024 second quarter Certificates of Compliance. Grant Agreement GRT24039 Exhibit A — Grant Report #1— Due June 1, 2024 Page 8 of 16 Page 75 of 122 Back to Agenda Table I: Public Defense Contracts and Subcontracts Currently in Effect (2024) Name of attorney/firm (If firm, please identify (1) the total number of attorney FTEs handling public defense cases, and (2) the name of each attorney handling public defense cases) Number of misdemeanor/ gross misdemeanor cases anticipated for the attorney/firm in 2024 Method and rate of payment (per case/per hour, etc.) Conflict cases only? Yes/No Grant Agreement GRT24039 Exhibit A — Grant Report #1— Due June 1, 2024 Page 9 of 16 Page 76 of 122 Back to Agenda Table II: List -Appointed Public Defense Attorneys (2024) Name of attorney/firm (If firm, please identify (1) the total number of attorney FTEs handling public defense Method and rate of payment (per Number of cases assigned cases, and (2) the name of each attorney case/per hour, etc.) handling public defense cases) Grant Agreement GRT24039 Exhibit A — Grant Report #1— Due June 1, 2024 Page 10 of 16 Page 77 of 122 Back to Agenda Exhibit B Washington State Office of Public Defense Public Defense Improvement Program City Grant Report #2 All City grant recipients are required to submit a completed copy of this report to the Washington State Office of Public Defense by December 1, 2024. Failure to timely submit this report could delay disbursement of 2025 grant funds. City: Report Date: Contact — Name/Title: Email: Phone: Address: 1. As of the date of this report, the city has paid indigent defense expenses as follows in 2024: City Funds Chapter 10.101 RCW Other Funds State Grant Funds Attorney salaries and benefits, contract and conflict attorney compensation $ $ $ Investigators, experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ Will all 2024 grant funds be expended by the end of the calendar year? Yes No Unsure Grant Agreement GRT24039 Exhibit B — Grant Report #2 — Due Dec. 1, 2024 Page 11 of 16 Page 78 of 122 Back to Agenda 2. Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions): 3. Description of How Grant Funds Have Been Used in 2024: 4. Plans for 2025 Grant Funds: 5. Description of Impact State Funds Have Had on Local Public Defense Services Grant Agreement GRT24039 Exhibit B — Grant Report #2 — Due Dec. 1, 2024 Page 12 of 16 Page 79 of 122 Back to Agenda Exhibit C Washington State Office of Public Defense Public Defense Improvement Program City Grant Report #3 All City grant recipients are required to submit a completed copy of this report, along with all public defense attorneys' 2025 quarterly Certificates of Compliance to the Washington State Office of Public Defense by June 1, 2025. City: Report Date: Contact — Name/Title: Email: Phone: Address: 1. For 2025, the city has budgeted indigent defense expenses as follows: Chapter 10.101 RCW State City Funds Grant Funds Other Funds Attorney salaries and benefits, contract and conflict attorney compensation $ $ $ Investigators, experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ 2. What amount of the 2025 state grant funds has been spent to date? Grant Agreement GRT24039 Exhibit C — Grant Report #3 — Due June 1, 2025 Page 13 of 16 Page 80 of 122 Back to Agenda 3. Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions) 4. Description of How Grant Funds Have Been Used to Date: 5. Plans for Utilizing Remaining Funds by End of Calendar Year (If Applicable) 6. Description of Impact State Funds Have Had on Local Public Defense Services Grant Agreement GRT24039 Exhibit C — Grant Report #3 — Due June 1, 2025 Page 14 of 16 Page 81 of 122 Back to Agenda Exhibit D Washington State Office of Public Defense Public Defense Improvement Program City Grant Report #4 All City grant recipients are required to submit a completed copy of this report to the Washington State Office of Public Defense by December 1, 2025. City: Report Date: Contact — Name/Title: Email: Phone: Address: 1. As of the date of this report, the city has paid indigent defense expenses as follows in 2025: City Funds Chapter 10.101 RCW Other Funds State Grant Funds Attorney salaries and benefits, contract and conflict attorney compensation $ $ $ Investigators, experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ Will all 2025 grant funds be expended by the end of the calendar year? Yes No Unsure Grant Agreement GRT24039 Exhibit D — Grant Report #4 — Due December 1, 2025 Page 15 of 16 Page 82 of 122 Back to Agenda 2. Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions): 3. Description of How Grant Funds Have Been Used in 2025: 4. Description of Impact State Funds Have Had on Local Public Defense Services Grant Agreement GRT24039 Exhibit D — Grant Report #4 — Due December 1, 2025 Page 16 of 16 Page 83 of 122 Back to Agenda ;0 4 a City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4.1 Subject: Approval of a Contract with the Washington State Administrative Office of the Courts for Interpreter Funding Services Meeting Date Prepared by Atty Routing No. Atty Review Date November 14, 2023 Sharon Ells Court Administrator N/A N/A Summary: The Washington State Administrative Office of the Courts (AOC), offers a program to reimburse the court for the cost of spoken language interpretation, sign language interpretation and other goods and services that improve language access for Limited English Proficient, deaf, and hard of hearing persons. By this resolution, the Council would authorize the Mayor to execute an Interagency Agreement with AOC for these funds. The court would be reimbursed a maximum of $2863.00 for interpreter and language access services costs incurred during the period of July 1, 2023 to June 30, 2024 Recommendation: Staff recommends the Council adopt the Resolution and authorize the mayor to sign the Interagency agreement between Washington State Administrative Office of the Courts and Port Orchard Municipal Court. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a resolution, authorizing the mayor to sign the Interagency Agreement with the Washington AOC for interpreter services funding. Fiscal Impact: Additional revenue to improve access to the court for Limited English Proficient, deaf, and hard of hearing persons. Alternatives: Not authorize the agreement and provide additional guidance. Attachments: Interagency Agreement IAA24441 Page 84 of 122 Back to Agenda DocuSign Envelope ID: C2CBE738-BB704368-9591-A50AOBBF237D INTERAGENCY AGREEMENT IAA24441 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND PORT ORCHARD MUNICIPAL COURT THIS AGREEMENT (Agreement) is entered into by and between the Administrative Office of the Courts (AOC) and Port Orchard Municipal Court (Court), for the purpose of distributing funds for court interpreter and language access service expenses to the Court. I. DEFINITIONS For purposes of this agreement, the following definitions shall apply: A. "Certified Interpreter" means an interpreter who is certified by the Administrative Office of the Courts, as defined in RCW 2.43.020 (2) or an interpreter certified by the Office of the Deaf and Hard of Hearing (ODHH) pursuant to WAC 388-818-500, et. seq. The names and contact information of AOC-certified interpreters are found, and incorporated herein by reference, at http://www.courts.wa.gov/programs orgs/pos interpret/ The names and contact information of ODHH-certified interpreters are found, and incorporated herein by reference, at: https://fortress.wa.gov/dshs/odhhapps/Interpreters/Courtinterpreter.aspx B. "Registered Interpreter' means an interpreter who is registered by the Administrative Office of the Courts, as defined in RCW 2.43.020 (6). The names and contact information of registered interpreters are found, and incorporated herein by reference, at hfp://www.courts.wa.gov/programs orgs/pos interpret/. C. "Qualified Interpreter' means a spoken language interpreter as defined in RCW 2.43.020 (5), or sign language interpreter as defined in RCW 2.42.110 (2). D. "Qualifying Event" means a proceeding or event for which an interpreter is appointed by an appointing officer pursuant to RCW 2.42 and/or RCW 2.43. II. PURPOSE The purpose of this Agreement is to partner with individual local courts in improving access to the Court for Limited English Proficient (LEP), deaf, and hard of hearing persons in accordance with RCW Chapters 2.42 and 2.43. A. These funds are intended to address each court's following needs: 1. Financial Need — i.e., the gap between the court's available financial resources and the costs to meet its need for certified, registered, and qualified interpreters, and the implementation of the Court's language access plan; and 2. Need for Court Interpreters — i.e., the public's right to access the court, and the court's responsibility to provide court certified, registered, and qualified interpreters as required by RCW Chapters 2.42 and 2.43. 3. Need for Language Access in General — i.e., translations for websites, translated forms, interpreting equipment, technology enabling remote interpreting, and other things that are necessary for courts to provide fair and equitable access for people who are LEP, deaf, and hard of hearing. IAA24441 Page 1 of 6 Page 85 of 122 Back to Agenda DocuSign Envelope ID: C2CBE738-BB70-4368-9591-A50A088F237D III. DESCRIPTION OF SERVICES TO BE PROVIDED A. The Court will ensure that the interpreter funding is used only for language access purposes and for reimbursement of costs paid to certified, registered, and qualified interpreters for Qualifying Events pursuant to Exhibit A, which is incorporated herein by reference. B. The Court agrees to track and provide interpreter cost and usage data through the web application provided by the AOC Language Access and Interpreter Reimbursement Program, reflecting information about the Court's interpreter and language access costs and services. C. The Court agrees to provide the AOC Project Manager with a list of all users who require access to submit data to the Language Access and Interpreter Reimbursement Program web application. D. The Court agrees to work with the AOC Interpreter Program, the Interpreter Commission, and neighboring courts to identify and implement best and promising practices for providing language access and interpreter services. E. The Court agrees to encourage its staff overseeing interpreter services at the court to attend trainings (in person and/or online) provided by the AOC Interpreter Commission and Interpreter Program. F. The Court may elect to pay for interpreter services that are not in accordance with the provisions of Exhibit A as set forth; while such payments will not be reimbursed, court still commits to entering data into the application for these interpreter services, irrespective of their eligibility for reimbursement. G. The Court is required to have a Language Assistance Plan (LAP) in place to receive reimbursement under this program. 1. Courts must submit the most recent version of their LAP to the AOC Project Manager or certify via email to the Project Manager that the LAP they submitted in FY23 is the latest version. 2. Courts certify that they will exercise reasonable due diligence in maintaining and updating their LAP as require by law. IV. PERIOD OF PERFORMANCE The beginning date of performance under this Agreement is July 1, 2023, regardless of the date of execution and which shall end on June 30, 2024. V. COMPENSATION A. The Court shall be reimbursed a maximum of $2,863.00 for interpreter and language access services costs incurred during the period of July 1, 2023 to June 30, 2024. No reimbursement shall be made under this Agreement for interpreting services provided after June 30, 2024. B. The Court shall receive payment for its costs for interpreter and language access services as set forth in Exhibit A, and incorporated herein. C. The Court shall not be reimbursed for interpreter services costs for Qualifying Events or other goods and services set forth in Exhibit A until properly -completed A-19 invoices, and corresponding data (See subsection 111.B.), are received and approved by AOC, pursuant to the following schedule: IAA24441 Page 2 of 6 Page 86 of 122 Back to Agenda DocuSign Envelope ID: C2CBE738-BB704368-9591-A50AO88F237D 1. Reflecting Qualifying and non -qualifying Events, and any goods or services purchased, occurring between July 1, 2023 and September 30, 2023, must be received by the AOC no later than December 29, 2023. 2. Reflecting Qualifying and non -qualifying Events, and any goods or services, purchased occurring between October 1, 2023 and December 31, 2023, must be received by the AOC no later than February 29, 2024, 3. Reflecting Qualifying and non -qualifying Events, and any goods or services, occurring between January 1, 2024 and March 31, 2024, must be received by the AOC no later than May 31, 2024. 4. Reflecting Qualifying and non -qualifying Events, and any goods or services, occurring between April 1, 2024 and June 30, 2024, must be received by the AOC no later than July 15, 2024. D. If this agreement is terminated, the Court shall only receive payment for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. E. The Court shall submit its A-19 invoices quarterly through the web application. The Data shall be submitted electronically to the AOC as described in Section III.B., above, and in conjunction with the quarterly invoice. F. Payment to the Court for approved and completed work will be made by warrant or account transfer by AOC within 30 days of receipt of a properly -completed invoice and the completed data report. G. The Court shall maintain sufficient backup documentation of expenses under this Agreement. VI. REVENUE SHARING A. AOC, in its sole discretion, may initiate revenue sharing. AOC will notify the Court no later than May 1, 2024 that AOC intends to reallocate funding among courts in the program. If AOC determines the Court may not spend all monies available under the Agreement, then AOC may reduce the Agreement amount. If AOC determines the Court may spend more monies than available under the Agreement and for its scope, then AOC may increase the Agreement amount. B. If the AOC initiates revenue sharing, then the Court must submit the final revenue sharing A-19 through the web application between July 12, 2024 and August 1, 2024. VII. TREATMENT OF ASSETS AND PROPERTY The AOC shall be the owner of any and all fixed assets or personal property jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. VIII.RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the AOC. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, IAA24441 Page 3 of 6 Page 87 of 122 Back to Agenda DocuSign Envelope ID: C2CBE738-BB70-4368-9591-A50A088F237D magazines, surveys, studies, computer programs, films, tapes, and video and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. In the event that any of the deliverables under this Agreement include material not included within the definition of "works for hire," the Court hereby assigns such rights to the AOC as consideration for this Agreement. Data which is delivered under this Agreement, but which does not originate therefrom, shall be transferred to the AOC with a nonexclusive, royalty -free, irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; provided, that such license shall be limited to the extent which the Court has a right to grant such a license. The Court shall advise the AOC, at the time of delivery of data furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The AOC shall receive prompt written notice of each notice or claim of copyright infringement received by the Court with respect to any data delivered under this Agreement. The AOC shall have the right to modify or remove any restrictive markings placed upon the data by the Court. IX. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. X. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. XI. RECORDS, DOCUMENTS, AND REPORTS The Court shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the AOC, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or Agreement. The Court will retain all books, records, documents, and other material relevant to this Agreement for six years after settlement, and make them available for inspection by persons authorized under this provision. XII. RIGHT OF INSPECTION The Court shall provide right of access to its facilities to the AOC, or any of its officers, or to any other authorized agent or official of the state of Washington of the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. IAA24441 Page 4of6 Page 88 of 122 Back to Agenda DocuSign Envelope ID: C2CBE738-BB70-4368-9591-A50A088F237D XIII. DISPUTES Disputes arising under this Agreement shall be resolved by a panel consisting of one representative from the AOC, one representative from the Court, and a mutually agreed upon third party. The dispute panel shall thereafter decide the dispute with the majority prevailing. Neither party shall have recourse to the courts unless there is a showing of noncompliance or waiver of this section. XIV. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. XV. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable state and federal statutes and rules; B. This Agreement; and C. Any other provisions of the agreement, including materials incorporated by reference. XVI. ASSIGNMENT The work to be provided under this Agreement, and any claim arising hereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. XVII. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. XVIII. SEVERABILITY If any provision of this Agreement, or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. IAA24441 Page 5 of 6 Page 89 of 122 Back to Agenda DocuSign Envelope ID: C2CBE738-BB70-4368-9591-A50A088F237D XIX.AGREEMENT MANAGEMENT The program managers noted below shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement: AOC Program Manager Court Point of Contact Tae Yoon Sharon Ells PO Box 41170 Court Administrator Olympia, WA 98504-1170 216 Prospect St, Interpreterreimbursement(a)-courts.wa.gov Port Orchard, WA 98366-5326 360-705-5281 sells@cityofportorchard.us (360) 876-1701 XX. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be considered to exist or to bind any of the parties to this agreement unless otherwise stated in this Agreement. AGREED: Administrative Office of the Courts DocuSigned by: M.a& P'Dt6.9/1/2023 1 7:56 AM PDT rgna ure Date Dawn Marie Rubio Name State Court Administrator Title DocuSigned by: IeoG r P4m-Jt,SW8131/2023 J 5:21 PM PDT r Date R Putaansuu Name Mayor Title IAA24441 Page 6 of 6 Page 90 of 122 DocuSign Envelope ID: C2CBE738-BB704368-9591-A50A088F237D Back to Agenda EXHIBIT A WASHINGTON STATE LANGUAGE ACCESS INTERPRETER REIMBURSEMENT PROGRM FUNDING FUNDING CONDITIONS AND PAYMENT STRUCTURE The Language Access Reimbursement Program funding conditions and payment structure shall be as follows: 1. GENERAL FUNDING CONDITIONS The Administrative Office of the Courts (AOC), will reimburse courts under this Agreement for the cost of spoken language interpretation and sign language interpretation and other goods and services that improve language access in the courts for Limited English Proficient (LEP), deaf, and hard of hearing persons. This includes interpreters credentialed by AOC (certified or registered), or otherwise court -qualified interpreters appointed pursuant to RCW 2.42 and RCW 2.43 under the following conditions listed under Section 2 "Qualifying Interpreter Events." It also includes goods and services that improve language access, listed under Section 3 "Language Access Items," and services listed under Section 4 "Language Access Services". Courts shall work with AOC staff in determining whether an expense that is not explicitly mentioned below, qualifies as a reimbursable expense under the Agreement. 2. QUALIFYING INTERPRETING EVENTS A. Spoken Language Interpreters Qualifying Events AOC will reimburse courts for 50% of the actual expenses for services of AOC- credentialed or otherwise court -qualified interpreters pursuant to RCW 2.43 that meet one of the following conditions: a) If there is at least one AOC credentialed interpreter in the language being used, then reimbursement will only be provided for using an AOC credentialed interpreter who is credentialed in that language. b) Compensation for interpreters for languages for which neither a certified interpreter nor registered interpreter is offered will be reimbursed where the interpreter has been qualified on the record pursuant to RCW 2.43. c) Courts will not be reimbursed for events using non-AOC credentialed interpreters if there is one or more AOC credentialed interpreter listed for the language being used. B. Sign Language Interpreters Qualifying Events AOC will reimburse courts for 50% of the actual expenses for services of American Sign Language (ASL) interpreters and Certified Deaf Interpreters (CDI) pursuant to RCW 2.42 when the interpreter is listed with the Department of Social and Health Services, Office of Deaf and Hard of Hearing (DSHS, ODHH) as a court -certified interpreter. IAA24441 Page 91 of 122 Page 1 of 4 Back to Agenda DocuSign Envelope ID: C2CBE738-BB70-4368-9591-A50A088F237D The Office of Deaf and Hard of Hearing (ODHH) at the Department of Social and Health Services (DSHS) maintains a list of Certified Court Sign Language Interpreters. This list includes American Sign Language (ASL) interpreters and Certified Deaf Interpreters (CDI). To qualify for reimbursement, and event using an ASL and/or CDI interpreter from this list must be used. Certified interpreters are listed under three categories: • Specialist Certificate: Legal — SC: L • RID Certification with SC: L written test • Intermediary Interpreters (Deaf Interpreter) The most up to date list can be found here: https://fortress.wa.gov/dshs/od hhapps/Interpreters/Cou rtl nterpreter.aspx C. Staff Interpreters (Salaried Staff) Reimbursement will be provided for salaried staff meeting the Qualifying Event conditions for 50% of the payment of credentialed spoken and sign language interpreters, as referenced in subsections 2.A and 2.B above. D. Telephonic and Video Remote Interpreting and Services for Legal Proceedings AOC will reimburse 50% of the costs for using certified, registered, or otherwise qualified interpreters operating by telephone or video for court proceedings. The services must meet the Qualifying Event conditions for the payment of credentialed spoken and sign language interpreters, as referenced in subsections 2.A and 2.13 above. 3. LANGUAGE ACCESS GOODS AND SERVICES Courts can request reimbursement for 100% of the costs for goods and services that will help increase language access in the Court. The items listed below are common goods and services that courts have used to increase language access and will be improved for reimbursement. • Interpreter scheduling software or services • Document translation • Portable video device(s) for video remote interpreting • Equipment used for simultaneous interpretation • Printed signage for language assistance purposes • Front counter telephonic interpreter services for administrative purposes • Staff training on language access, interpreting, or bilingual skills improvement, for example: o Interpreters skills training for bilingual staff who want to become certified o Training for staff who are partly bilingual to improve their skills o General training on addressing language access issues. Items or services not listed above must be pre -approved (via email) by Language IAA24441 Page 92 of 122 Page 2 of 4 Back to Agenda DocuSign Envelope ID: C2CBE738-BB70-4368-9591-A50A088F237D Access and Interpreter Reimbursement Program Coordinator prior to purchase or they may not qualify for reimbursement under the Program. 4. SCOPE OF REIMBURSEMENT FUNDING Reimbursement payment under this Agreement will only be made to the Court when the cost is paid out of the budget or budgets, in the case of multi -court collaborative applicants of the Court responsible for full payment. 5. PAYMENT STRUCTURE A. Reimbursement Rate a) Spoken Language Interpreters AOC will reimburse the Court for 50% of the cost of AOC certified, registered, or otherwise court -qualified interpreters providing services under this Agreement. b) Sign Language Interpreters AOC will reimburse the Court for 50% of the cost of certified and court -qualified interpreters providing services under this Agreement. c) Staff Interpreters (Salaried Staff) AOC will reimburse the Court for 50% of the cost of AOC certified or registered staff interpreters. d) Contracted Interpreters The cost of certified, registered, or otherwise qualified contract interpreters who are paid other than on an hourly basis, for example, on a half -day of flat rate basis, will be reimbursed at 50%. e) Remote Interpreting AOC will reimburse the Court for 50% of the cost of using certified, registered, or otherwise qualified interpreters providing interpretation by telephone or video for legal proceedings. f) Cancellation Fees AOC will reimburse the Court for 50% of cancellation fees paid to interpreter. g) Goods and Services AOC will reimburse the Court for 100% of the approved cost of goods and services related to language access in courts. B. Travel Time and Mileage AOC will reimburse the Court at 50% of the cost of interpreter travel time and mileage. Interpreter travel time is reimbursable if a required party fails to appear. "Failure to appear" means a non-appearance by the LEP or deaf or hard of hearing client, IAA24441 Page 3 of 4 Page 93 of 122 Back to Agenda DocuSign Envelope ID: C2CBE738-BB704368-9591-A50A088F237D attorneys, witnesses, or any necessary party to a hearing, thereby necessitating a cancellation or continuance of the hearing. The Court can be reimbursed for 50% of the cancellation fees paid to the interpreter. IAA24441 Page 94 of 122 Page 4 of 4 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 e FAX (360) 895-9029 _---=---=gym— r..,a Agenda Staff Report Agenda Item No.: Consent Agenda 4K Subject: Adoption of a Resolution Authorizing the Payment of Additional Moving Benefits for Venture Charters for the Bay Street Pedestrian Pathwav Proiect Meeting Date: November 14, 2023 Prepared by: Charlotte Archer City Attorney Atty Routing No: 366922-0009 — PW Atty Review Date: November 9, 2023 Summary: The City's Right of Way Acquisition and Relocation Consultant, Tierra Right of Way Services, Ltd., in conjunction with the City, identified Kitsap County Tax Parcel Nos. 4027-032-001-0102 and 4027-023-018-0003 (the "Property") as a necessary acquisition for the Bay Street Pedestrian Pathway Project. Those parcels served as both a primary residence as well as the headquarters of Venture Charters, Inc. (the "Business"), a business owned and operated by Randy Jones and Franklin Joseph Rusk. The viability of the business was verified by Tierra Right of Way via income tax statements. The City purchased the Property in 2022, and the Business has now relocated. A. Business Re-establishment Expenses. Pursuant to WAC 468-100-306, the business is entitled to re- establishment benefits for costs actual, reasonable, and necessary to establish the business in a new location, including repairs or improvements to the replacement real property, reinstalling business equipment, and associated work, up to a statutory cap of $50,000. The Council previously approved business re-establishment expenses up to $50,000, and delegated authority to the Finance Director to make payment upon submission of the necessary invoices from the Business. The City then paid $21,068.20 as an advance to the contractor for the approved work. The Business has now submitted documentation for the total reestablishment work. The total invoice, minus the advance payment, results in a request for payment of $25,849.50. The Finance Director is reviewing the documentation to confirm that these are eligible expenses and no action by Council is requested at this time. B. Business Moving Expenses. Under 468-100-301(4), the Business is entitled to relocation benefits for the costs to move the personal property of the business through either a commercial move or a self -move. The City Council previously authorized eligible business moving costs of $7,743.84 ($1,100 for packing materials and equipment; $5,193.84 for labor; $575 for truck rental; and $875 for junk removal). The Council then authorized eligible business moving costs of to reconnect the hot tub ($250 for installation, and $800 for plumbing), refrigerator and microwave (installation related work $1,400) moved from the acquired site and now being installed at the replacement site ($2,450, plus tax) for a total additional moving claim of $2,670.50. At the direction of the Consultant, the City held payment of this amount until the final invoice was issued. The final invoice has been issued and, per WAC 468-100-301(7)(c) Venture Charters is now requesting reimbursement for additional moving costs in the total amount of $6,066.15. This amount includes, however, the $2,670.50 previously authorized, so the request to Council is for an additional $3,395.65 in authority to pay the additional eligible moving expenses. Tierra has determined the business re-establishment and moving expenses as a component of the Business' relocation benefits in accordance with Resolution No. 028-16 (Right -of -Way Acquisition Procedures) and the City's Relocation Assistance Program. On October 17, 2023, the Community Development Director executed the Agent Move Estimate Recommendations, subject to Council approval. Page 95 of 122 Back to Agenda Consent Agenda 4K Page 2 of 2 Please note: all expenditures associated with the Bay Street Pedestrian Pathway Project have been identified within the Project Funding Estimate (PFE) and are Grant eligible. Additionally, additional moving expense claims are possible. Relationship to Comprehensive Plan: Chapter 8 - Transportation Recommendation: Staff recommends Council approve payment of $3,395.65 for additional moving expenses for the relocation of Venture Charters, LLC, as part of the Bay Street Pedestrian Pathway Project. Motion for Consideration: I move to adopt a Resolution authorizing additional eligible relocation moving benefits for Venture Charters, LLC, as part of the Bay Street Pedestrian Pathway Project. Fiscal Impact: Grant and Local Match funding for this acquisition expenditure is allocated within the Project Funding Estimate (PFE) for the Project and the 2021-2022 Biennial Budget. Alternatives: None Attachments: Res. N Voucher No. 3 Tierra Memo and supporting documents Page 96 of 122 Back to Agenda RESOLUTION NO. -23 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE PAYMENT OF ADDITIONAL MOVING EXPENSES FOR VENTURE CHARTERS, INC., AS ELIGIBLE RELOCATION BENEFITS FOR THE BAY STREET PEDESTRIAN PATHWAY PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE PAYMENT WHEREAS, the City previously acquired real property at 1777 Bay Street, Kitsap County Tax Parcel Nos. 4027-032-001-0102 and 4027-023-018-0003 (the "Property") to support the construction of the Bay Street Pedestrian Pathway Project (the "Project"); and WHEREAS, prior to the City's acquisition, the Property served as the corporate headquarters for the business Venture Charters, Inc. (the "Business"); and WHEREAS, in accordance with the City's Acquisition Procedures and Relocation Assistance Program, the City's Right of Way Acquisition and Relocation Consultant, Tierra Right of Way Services, Ltd. (the "Consultant"), identified additional eligible associated moving expenses resulting from the relocation of the Business; and WHEREAS, the City Council previously authorized payments of $7,743.84 and $2,670.50 for eligible moving expenses for the Business, but the costs associated with the move of the Business have exceeded those amounts; and WHEREAS, at the request of the Consultant the City did not pay the $2,670.50, and held payment until submission additional documentation for moving expenses; and WHEREAS, the Consultant has now identified a total of $6,066.15 in moving expenses as additional relocation assistance benefits owing to the Business set out on Voucher No. 3 attached hereto (which includes the previously approved $2,670.50), and staff has reviewed and approved those determinations, in conjunction with the Washington State Department of Transportation, Local Programs, serving as Contract Administrator for the Project; and WHEREAS, Voucher No. 3 also identifies $25,849.50 in eligible reestablishment expenses for the Business, which were pre -approved by the City Council via Resolution No. 030-23, by which the Council authorized up to the statutory cap of $50,000 set out at WAC 468-100-306 and 468-100-301 for reestablishment expenses and delegated authority to the Finance Director to review and approve the submitted request(s) under that cap; and WHEREAS, the Finance Director has reviewed and authorized payment of the $25,849.50 in eligible reestablishment expenses for the Business set out on Voucher No. 3, consistent with Resolution No. 030-23; and Page 97 of 122 10768084.1 - 366922 - 0001 Back to Agenda Resolution No. -23 Page 2 of 2 WHEREAS, the Port Orchard City Council finds it is in the best interest of the City to authorize the additional moving expenses relocation payment consistent with the City's Relocation Assistance Program; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the payment of Relocation Benefits for non- residential moving expenses in an additional amount of $3,395.65, as set out in Voucher No. 3, attached hereto and incorporated herein by this reference, and authorizes the Mayor or his designee to execute all necessary documents to effectuate payment. 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 14t" day of November 2023. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk Page 98 of 122 10768084.1 - 366922 - 0001 Back to Agenda Tt elvl"4 A C L S C 0 M P A N Y To: Nick M. Bond, AICP, Development Director From: Marge Bailey, Project Manager Paula Ferreira -Smith, Relocation Agent Date: October 9, 2023 Project Title: City of Port Orchard Pedestrian Enhancement Project (Mosquito Fleet Trail) Parcel No.: 4027-032-001-0102 & 4027-023-018-0003 Displacee: Venture Charters, Inc., Business Relocation Federal Aid No: STPE-STPUS-0166(008) Displacee No.: 05 Subject: Moving and Reestablishment Expenses Recommendation and Reimbursements Claim Number 3 Voucher Number 3 Background Information As part of the Bay Street Pedestrian Project. The City of Port Orchard purchased the above properties in full. This acquisition triggered a business displacement and residential relocation. Venture Charters, Inc. is a day tour fishing business offering special event cruises and funeral charter boat services. They also offer a vacation rental with waterfront access. It is owned and operated by Randy Jones and Franklin Joseph Rusk. To qualify for business relocation, the displaced business owner is required to meet the definition of a displaced business by providing a completed copy of the most recent two years income tax returns. The displaced business has provided a completed copy of the most recent two years income tax returns that confirm they claim the business income, therefore they qualify as a displaced business and are eligible for business re-establishment and moving expenses. The displaced business, Venture Charters, Inc. moved to a replacement site at 1116 Shorewood Drive, Bremerton, WA. The replacement site contains an area for an Accessory Dwelling Unit (ADU). The ADU is located in the lower level of the owner's single-family dwelling. The displacee searched extensively for a home with an ADU but was unable to find one suited for their business. Utilizing their re-establishment, is it reasonable for the displacee to modify this home to re-establish Venture Charters, Inc. vacation rental property. After submittal of advance payment request for business re-establishment repairs, the City of Bremerton changed the Accessory Dwelling Unit (ADU) requirements requiring additional permitting. Codes Requirements: All repairs conducted per City of Bremerton code requirements. The City adopted version (2018) as amended by the Washington State Building Code Council including: WA State Energy Code (WSEC)UPC: Uniform Plumbing Code WA State Barrier Free Code (IBC) Chapter 11 and A117.1-2009) WA State Ventilation Code Tierra Right of Way Services, Ltd. Leslie Findlay, Designated Broker #27965 8685 Martin Way East, Suite 203 • Lacey, Washington 98516 • Phone: 206.363.1556 Right of Way • Cultural Resources • Environmental PhtgigMof122 Toll Free: 800.887.0847 9 www.tierra-row.com Back to Agenda IBC: International Building Code IRC: International Residential Code IFC: International Fire Code IMC: International Mechanical Code IFGC: International Fuel and Gas Code Discussion On October 3, 2023, Venture Charters, Inc. submitted a relocation payment request for the re- establishment of their business and provided invoices for a total of $58,607.39. Additional Moving Expenses Vendor Description Invoice # Eligible Determination Eligible Amount per Hederra LLC bda Electrical repair code 2956 $1,400.00 WAC 468-100-301(7)(c) Murphy's Heating requirements for and Cooling refrigerator, stove and microwave. Hederra LLC bda Hot Tub -Electrical 2956 $250.00 WAC 468-100-301(7)(c) Murphy's Heating reconnect and Cooling Hederra LLC bda Plumbing water intake 2956 $800.00 WAC 468-100-301(7)(c) Murphy's Heating drainage -Electrical 220 and Cooling supply to hot tub Hederra LLC bda Electrical Permits 2957 $2,500.00 WAC-468-100-301(7)(k) Murphy's Heating required by City of and Cooling Bremerton and Labor and Industry Hederra LLC bda Plumbing water intake 2956 $600.00 WAC 468-100-301(7)(c) Murphy's Heating and drainage -for kitchen and Cooling appliances Sub -total $5,550.00 Taxes $516.15 Total Eligible Related Non-residential Moving Expenses: $6,066.15 Additional Moving Expense Recommendation Venture Charters, Inc. is eligible as a non-residential displacee as defined in WAC 468-100-002(24). 1 recommend Venture Charters, Inc. be reimbursed $6,066.15 for the additional moving expenses, per WAC 468-100-301(7), and determine them to be reasonable and necessary. Business Reestablishment Expenses The following table reflects a breakdown of expenses in the amount of $25,849.50 for the cost of eligible repairs, modifications, construction, to the replacement site. These expenses have been reviewed and determined to be reasonable and necessary for the re-establishment of the business, per WAC 468-100- 301(a)(b)(d). Vendor Description Invoice Eligible Determination # Amount Eligible per 2 Page 100 of 122 Back to Agenda Hederra LLC bda Lower -level interior 2956 $250.00 WAC-468-100- Murphy's Heating and door opening -WA -IBC 306(1)(a) Cooling Hederra LLC bda Elimination of the 2956 $2,800.00 WAC-468-100- Murphy's Heating and lower stairway. Close 306(1)(a) Cooling up stairway for fire egress code WA -IBC Hederra LLC bda Lower -level interior 2956 $7,500.00 WAC-468-100- Murphy's Heating and sheet rock adaption to 306(1)(a) Cooling 5/8 fire blocking per IBC and IRC Section R302 Hederra LLC bda Electrical — Box panel 2956 $5,000.00 WAC-468-100- Murphy's Heating and separation sub panel 306(1)(a) Cooling per IRC, E601.1, .2, .6, .7 Hederra LLC bda Electrical Supply to 2956 $2,000.00 WAC-468-100- Murphy's Heating and lower level. per IRC, 306(1)(a) Cooling E601.1, .2, .6, .7 Hederra LLC bda Labor for painting, per 2956 $600.00 WAC-468-100- Murphy's Heating and IRC-R702.3.1, .1.1, 3.2 306(1)(a)(b)(d) Cooling Hederra LLC bda Interior paint and 2956 $500.00 WAC-468-100- Murphy's Heating and repairs, paint, and 306(1)(a)(b)(d) Cooling drywall per IRC- R702.3.1, .1.1, 3.2 Hederra LLC bda Flooring repairs per 2956 $1,500.00 WAC-468-100- Murphy's Heating and IRC-R702.3.1, .1.1, 3.2 306(1)(a)(b)(d) Cooling Hederra LLC bda Parking equipment 2956 $2,500.00 WAC-468-100- Murphy's Heating and rental, COB, per WA- 306(1)(a) Cooling IBC and IRC Hederra LLC bda Traffic control -delivery 2956 $900.00 WAC-468-100- Murphy's Heating and material COB, per WA- 306(1)(a) Cooling IBC and IRC Hederra LLC bda Removal and disposal 2956 $600.00 WAC-468-100- Murphy's Heating and of waste due to remodel 306(1)(a)(b)(d) Cooling per IBC Hederra LLC bda Parking -Repairs COB, 2956 $7,668.25 WAC-468-100- Murphy's Heating and per WA -IBC and IRC 306(1)(a)(b)(d) Cooling Hederra LLC bda Parking -commercial 2956 $12,000.00 WAC-468-100- Murphy's Heating and grade -Paving COB, per 306(1)(a)(b)(d) Cooling WA -IBC and IRC Hederra LLC bda Contractor 2956 $300.00 WAC-468-100- Murphy's Heating and administrative fee- 306(1)(b)(d) Cooling Others IBC Hederra LLC bda Driving and 2956 $600.00 WAC-468-100- Murphy's Heating and transportation fuel cost 306(1)(b)(d) Cooling for 2 trucks -Others IBC Page 101 of 122 Back to Agenda Total Eligible Business Reestablishment Expenses: $44,718.25 Minus Advanced Payment -($21,068.20) =$23,650.05 In addition, COPO Sales Tax (9.3%) Taxes $2,199.45 Total Claim: $25,849.50 Ineligible Expenses Capital Improvements Vendor Description Invoice# Ineligible Determination Amount Hederra LLC dba Sink, plumbing, 2956 $800.00 Ineligible per WAC 468- Murphy's Heating supplies and drains for 100-306(2)(a) and Cooling sink connection. Hederra LLC bda Door to Kitchen -Door 2956 $800.00 Ineligible per WAC 468- Murphy's Heating and frame removal 100-306 (2)(a) and Cooling Hederra LLC bda Elimination of existing 2956 $4,000.00 Ineligible per WAC 468- Murphy's Heating HVAC system 100-306 (2)(a) and Cooling Hederra LLC bda Counter -Interior- 2956 $400.00 Ineligible per WAC 468- Murphy's Heating Installation 100-306 (2)(a) and Cooling Total Ineligible Amount: $6,000.00 Reestablishment Recommendation Venture Charters, Inc. qualifies as a displaced business and was required to relocate due to the City of Port Orchard Bay Street Pedestrian Pathway Project. The business is eligible as a non-residential displacee as defined in WAC 468-100-002(24). The submitted invoices and receipts for $25,849.50 for modification to the replacement site per WAC 468-100-306(1)(a)(b)(d) to accommodate business operation are eligible for reimbursement up to $50,000.00. The invoices provided are reasonable and necessary for the re- establishment of the business. This payment recommendation is in support for the displaced owner to complete the necessary repairs. Final photographs and final City Bremerton occupancy permit should be submitted by the business owner. No additional payments are pending. I recommend Venture charter be reimbursed for $25,849.50 for business reestablishment per WAC 468- 100-306(1)(a)(b)(d) as reasonable and necessary. The undersigned has reviewed and approved the above business reestablishment in the amount of $25,849.50 and moving expense in the amount of $6,066.15 payment recommendation for Venture Charter based on the attached addendum provided referenced invoices, and documentation to support the claim. Nick M. Bond, AICP Development Director City of Port Orchard 10/17/2023 Date 4 Page 102 of 122 Back to Agenda Relocation Assistance Voucher No. 3 Venture Charters, Inc Agency Name: Nick M. Bond, AICP, Development Director City of Port Orchard 216 Prospect Street Port Orchard WA 98366 I hereby certify under penalty of perjury that the items and amounts fisted herein are proper charges against the Agency. That the same or any part thereof has not been paid, and that I am authorized to sign for the claimant. I further certify that I am a citizen of the United States ofAmerica or am an alien lawfully present in the United States of America. Displaced Perscn(s) or Claimant Hedera LLC dba Murphy's Heating and Cooling 1313CorbetDr.NW Bremerton, WA 98312 Blue ihk) for each clay R' i. refer _'7 J-L�. Date Ill aZ ) Rar* A. Jones E' Project Title: City of Port Orchard Pedestrian Enhancement Project (Mompito Fleet Trail Parcel No.: 4027-032-001-0102 & 4027- 1 Displacee Displacee Name: Venture Charters, Inc 023-018-0003 No.: 5 Re incement Housing Payments PriceDifferential 904a owner for amountsuptoS31,000 Date Parcel Vacated: 8/10/1023. SAmoants $0.00 MIDP IncreasedMortgageInterestPaymcnt $0.00 Incidentals CJN75 I JN7 $0.00 Last Resort H — owner for amounts over $11,000 $0.00 Rental Supplement — 90-day tenants and certain others amounts u to $7 00 $0.00 Down Payment Assistance — 90 tenants and certain others $0.00 Last Resort Housin — tenants amount over S7 00 $0.00 Comments I other describe): S0.00 Moving Expense Payments $0.00 Self Move I Schedule Payments —_residential W00 Actual Ex Commercial Move/Actual Cost Self Move —residential move bid cost) $0.00 Fixed Payment in lieu of a0 other moving - Non -Residential $0.00 Actual Costs 1 Self Move 1 Commercial - Non -Residential $6,066.15 Re-establishment Costs - Non Residential: Relocation total Payment. $44,719.15 minus advance payment of $21068.20. Based on the eligible pottion of the total invoice of 158,60739. $25,949.50 Personal Property Only 50.00 Comments 1 Other {describe}: 0.00 Deductions: ; $0.00 TOTAL 4 $31,915AS Invoice No.: Date: Amount: S ACCOUNT CLASSIFICATION JOB NUMBER ACCOUNT CONTRO TOTALS PARCEL WORK OP L ORE. NO. NON PART DOLLARS WORK ORDER GRP OBJ SUB SECTION g TOTAL 4 S31,915AS RELOCATION SPECIALIST: Paula Ferreira- DAT$: HY1212023 RELOCATION SUPERVISOR DATE:1011212023 Smith (] ` Z"4�.A�. ��JU1�JlllJQ.. Mares R. Bailev. Pmiect Manager I, the undersigned, certify that the above information is correct, that the payment is necessary for the above relocation assistance, that it has been performed in accordance with prescribed procedures, and that this payment is not considered income or resources to a "DISPLACED PERSON" pursuant to Section 216 of Public Law 9I -046 and RCW 8.26.115.: Warrant Register No.: Voucher No.: Nick M. Bond, AICP DATE Development Director RES 537 Rev. 612019 Page 103 of 122 Back to Agenda Hedera LLC dba Murphy's Heating and Cooling 1313 Corbet Dr Nw Bremerton, WA 98312 3609574605 murphhvac@msn.com BILL TO SHIP TO Randy Jones Randy Jones Venture Charters Venture Charters Door to kitchen 800.00T Door and Frame Removal lower -level hardware to be provided by business owner Randy Jones Lower -level interior door opening code requirements 250.00T Elimination lower stairway 2,800.00T Close up stairway for fire egress code Lower -level interior sheet rock adaption to 5/8 fire blocking for business code updates. 7,500.00T Seperate the existing HVAC system. Create separate HVAC system installation of new HVAC 4,000.00T Provided by business owner Randy Jones. Counter 400.00T Interior counter installation LABOR- 600.00T plumbing repair code requirements Electrical- 5,000.00T Box Panel separation sub panel Electrical 2,000.00T Electrical supply to lower level Electrical repair code change requirements for refrigerator stove and microwave. 1,400.00T Sink 800.00T plumbing, supplies and drains for sink connection. Labor for painting 600.00T Interior paint and repairs 500.00T paint, for drywall Flooring repairs 1,500.00T Parking 2,500.00T Equipment rental for parking code update per city of Bremerton business requirements. Transportation and 900.00T Traffic control for delivery of materials and equipment HEDERA LLC dba MURPHY'S HEATING AND COOLING https://sites.google.com/site/murphhvac/home Page 104 of 122 Back to Agenda DESCRIPTION 0 Hot Tub to lower -level unit 250.00T installation of provided used hot tub Plumbing water intake drainage for hot tub 800.00T Electrical 220 supply for hot tub REMOVAL AND DISPOSAL OF- 600.00T all material waste for construction code updates Parking 7,668.25T Bremerton municipal code 20.48 Relocation of retaining wall right of entrance and addition of 2 feet of left side to expand driveway entrance for emergency vehicle access. - Install +/- 16 LF of channel drain approximately 2' feet out from garage and 2 tenths lower than garage slab Tie into downspout with 4" line at garage corner Remove +/- 150 Sq Ft ,10' X 15", of asphalt in driveway Load spoils and dispose at recycle Raise water meter box at top of driveway Grade and shape existing gravel to desired slope Install top course as needed up to 5 tons PAVE for Venture Charters parking only. parking left side of garage, entrance to property, and 12,000.00T center of driveway +/- 3,100 Sq Ft Install and process 2" of HMA class 1/2" commercial grade up to 40 tons Hand tamp and finish edges Shore up gravel shoulders Hat tar seams as needed Contractor Administrative fee 300.00T Driving and transportation fuel costs for 2 trucks 600.00T BIDS ARE ONLY VALID FOR 30 DAYS DUE TO LABOR AND MATERIAL SHORTAGS. IF O.00T ACCEPTED INVOICE TO BE SUBMITTED UPON COMPLETION OF REPAIRS AND CITY APPROVAL. ALL LATE PAYMENTS ARE SUBJECT TO 7.5% FEE. Randy Jones of Venture Charters is to pay Hedera LLC 40% of bid SUBTOTAL 53,768.25 provided up front for material and expenses. As we are ready to begin TAX 4,839.14 work. TOTAL 58,607.39 HEDERA LLC dba MURPHY'S HEATING AND COOLING https://sites.google.com/site/murphhvac/home Page 105 of 122 Back to Agenda BILL TO Randy Jones Venture Charters Hedera LLC dba Murphy's Heating and Cooling 1313 Corbet Dr Nw Bremerton, WA 98312 3609574605 murphhvac@msn.com SHIP TO Randy Jones Venture Charters Building and Electrical permits for new construction project. City of Bremerton Permit #BB23 00157 Labor and Industries Permit #4153004E 2,500.00 SUBTOTAL 2,500.00 TAX 0.00 TOTAL 2,500.00 HEDERA LLC dba MURPHY'S HEATING AND COOLING https://sites.google.com/site/murphhvac/home Page 106 of 122 Back to Agenda WAC 468-100-306 Reestablishment expenses —Nonresidential moves. In addition to the payments available under WAC 468-100-301 and 468-100-303, a small business, as defined in WAC 468-100-002(24), farm or nonprofit organization is entitled to receive a payment, not to ex- ceed fifty thousand dollars, for expenses actually incurred in relo- cating and reestablishing such small business, farm or nonprofit or- ganization at a replacement site. (1) Eligible expenses. Reestablishment expenses must be reasona- ble and necessary, as determined by the agency. They include, but are not limited to, the following: (a) Repairs or improvements to the replacement real property as required by federal, state or local law, code or ordinance. (b) Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for con- ducting the business. (c) Construction and installation costs for exterior signing to advertise the business. (d) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling, or carpeting. (e) Advertisement of replacement location. (f) Estimated increased costs of operation during the first two years at the replacement site for such items as: (i) Lease or rental charges; (ii) Personal or real property taxes; (iii) Insurance premiums; and (iv) Utility charges, excluding impact fees. (g) Other items that the agency considers essential to the rees- tablishment of the business. (2) Ineligible expenses. The following is a nonexclusive listing of reestablishment expenditures not considered to be reasonable, nec- essary, or otherwise eligible: (a) Purchase of capital assets, such as, office furniture, filing cabinets, machinery, or trade fixtures. (b) Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the business operation. (c) Interest on money borrowed to make the move or purchase the replacement property. (d) Payment to a part-time business in the home which does not contribute materially to the household income. (e) Interior or exterior refurbishments at the replacement site which are for aesthetic purposes, except as provided in WAC 468-100-306 (1)(d). [Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-306, filed 1/3/06, effective 2/3/06; WSR 04-08-041, § 468-100-306, filed 3/31/04, effective 5/1/04. Statutory Authority: Chapter 8.26 RCW and WSR 89-17-048 (Order 121). WSR 01-02-027, § 468-100-306, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 8.26 RCW. WSR 89-17-048 (Order 121), § 468-100-306, filed 8/14/89, effective 9/14/89.1 Certified on 2/20/2023 WACPa�6S&1d$322306 Page 1 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of October 24, 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 Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Councilmember Diener Present Councilmember Lucarelli Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Public Works Director Ryan, Finance Director Crocker, Community Development Director Bond, City Attorney Archer, Police Chief Brown, City Clerk Wallace, and Deputy City Clerk Floyd. The meeting streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp 01:07) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 01:28) MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to add to the Business Items the adoption of a resolution approving the purchase of three Ford vehicles from the Equipment Rental Revolving Fund 500. The motion carried. MOTION: By Councilmember Trenary, seconded by Councilmember Clauson, to approve the agenda as amended. The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 03:19) Page 108 of 122 Back to Agenda Dave Kimball said it is refreshing to have an opportunity to address the Council and wished he could address the school district as well. 4. CONSENT AGENDA (Time Stamp: 05:56) A. Approval of Voucher Nos. 86751 and 86760 through 86815 including bank drafts in the amount of $262,348.56 and EFT's in the amount of $400,794.81 totaling $663,143.37. B. Approval of Payroll Check Nos. 86752 through 86759 including bank drafts and EFT's in the amount of $247,461.00 and Direct Deposits in the amount of $230,243.87 totaling $477,704.87. C. Acceptance of a Grant from Kitsap Bank for the Chimes and Lights Event D. Adoption of a Resolution Approving an Interlocal Agreement with the Washington State Department of Commerce for the GMA Periodic Update Grant (Resolution No. 102-23 and Contract No. 087-23) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the Consent Agenda as presented. The motion moved. S. PRESENTATION A. Kitsap Bank -Chimes and Lights Donation (Time Stamp 06:17) Councilmember Lucarelli provided a brief background on the Festival of Chimes and Lights event and explained Kitsap Bank has always been a presenting sponsor for the festival. Ludy Garvin, Branch Manager and Carol Kowalski, VP of Business Community & Government Relations with Kitsap Bank, presented a $1,000 check to the City for the Festival of Chimes and Lights. B. Bay Street Path West Situational Study (Time Stamp 09:07) John McMillan from KPFF provided a presentation which included the status of the Bay Street Pathway West Situational Study, public engagement results, near -term implementation recommendations, Council support to confirm the study recommendations, and next steps. C. 2024 Revenue Sources (Time Stamp 29:23) Finance Director Crocker provided a presentation which included the General Fund 2023-2024 Biennial Budget -tax revenue, General Fund 2023-2024 Biennial Budget revenue -all sources, General Fund Biennial Budget vs prior Biennial Budget revenue comparison, property tax history, property tax collection history, property tax comparison 2023 to 2024, retail sales and use tax revenue, sales tax collection, sales tax revenue received by month, and sales tax collection 2021 to 2023. 6. PUBLIC HEARING October 24, 2023, City Council Meeting Minutes Page 2 of 7 Page 109 of 122 Back to Agenda A. Johnsonlink Development Agreement (Time Stamp 44:45) Mayor Putaansuu opened the public hearing at 7:17 p.m. Lucinda Tharp, Jerry Johnson, Robert Baglio, and Dave Kimball, voiced their approval of the development agreement, saving the significant redwood tree, and appreciated everyone working together to make this happen. Additionally, Robert Baglio spoke to a condition in the development agreement about a landscape plan and small modification to the road that has been supported by public works. There being no more testimony, Mayor Putaansuu closed the public hearing at 7:27 p.m. B. Property Tax and Revenue Sources for 2024, Current Expense Budget 2023-2024 and Satisfying the Requirements of RCW 84.55.120 (Time Stamp 57:03) Mayor Putaansuu opened the public hearing at 7:28 p.m. Dave Kimball said good luck and gave thanks for the opportunity to speak during Council meetings. There being no more testimony, Mayor Putaansuu closed the public hearing at 7:29 p.m. C. Ordinance for the 2023-2024 Budget Mid -Biennial Review and Modification (Time Stamp 59:43) Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing at 7:33 p.m. 7. BUSINESS ITEMS A. Adoption of an Ordinance Approving a Development Agreement with JL Group, LLC (Time Stamp 1:03:27) MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to adopt an ordinance authorizing the Mayor to execute a Development Agreement with JL Group, LLC as presented. The motion carried. (Ordinance No. 030-23 and Contract No. 088-23) B. Adoption of an Ordinance Setting the Amount of Property Tax to be Levied for Year 2024 Pursuant to RCW 84.55.120 (Time Stamp: 1:06:58) MOTION: By Councilmember Trenary, seconded by Councilmember Rosapepe, to adopt an ordinance setting the 2024 property tax levy and the amount of property taxes to be raised for the budget year of 2024. October 24, 2023, City Council Meeting Minutes Page 3of7 Page 110 of 122 Back to Agenda The motion carried. (Ordinance No. 031-23) C. Adoption of an Ordinance for Mid -Biennial Review and Modifications Amending the 2023-2024 Biennial Budget (Time Stamp 1:08:51) Finance Director Crocker pointed out 2 changes since last week, a grant award for middle housing of $50,000 of additional revenue and additional expenditure authority, and the other is to fund TIP (Transportation Improvement Program) 1.15 for the Pottery Non -Motorized for right-of-way acquisitions to complete that project. MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt an ordinance amending the 2023-2024 Biennial Budget for the City of Port Orchard including the changes as just shared by the Finance Director. The motion carried. (Ordinance No. 029-23) D. Adoption of an Ordinance Amending POMC Sections 10.12.460, 10.12.490, and 10.12.500 Regarding Parking Regulations (Time Stamp 1:11:58) MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt an ordinance amending POMC Chapter 10.12, regarding Parking, Stopping or Standing in the City. The motion carried. (Ordinance No. 032-23) E. Adoption of a Resolution and Accepting the Responsible Bidder and Approving a Contract with Kitsap Sun for the City's Official Newspaper (Time Stamp 1:16:41) MOTION: By Councilmember Rosapepe, seconded by Councilmember Chang, to adopt a resolution accepting the bid and authorize the Mayor to execute an agreement with Kitsap Sun as the City's Official Newspaper as presented. The motion carried. (Resolution No. 103-23 and Contract No. 089) F. Approval of an Interlocal Agreement with the Department of Emergency Management Regarding Emergency Services (Time Stamp 1:19:00) MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to authorize the Mayor to execute an Interlocal agreement between the City and the Department of Emergency Management for emergency services. The motion carried. October 24, 2023, City Council Meeting Minutes Page 4of7 Page 111 of 122 Back to Agenda (Contract No. 090-23) G. Approval of Amendment No. 8 to Contract No. 054-18 with RH2 Engineering, Inc. for the Marina Pump Station Rebuild Project (Time Stamp 1:20:47) MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to authorize the Mayor to execute Amendment No. 8 to Contract No. C054-18 with RH2 Engineering, Inc. for the Marina Pump Station Rebuild Project. The motion carried. H. Approval of the September 26, 2023, City Council Meeting Minutes (Time Stamp: 1:23:34) MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to approve the regular meeting minutes of September 26, 2023. Councilmember Lucarelli pointed out that Amy Allen will need to be updated to Amy Miller as a scrivener's error. Councilmember Cucciardi said he was absent from this meeting so that will also need to be updated as a scrivener's error. The motion carried. Councilmember Cucciardi abstained. I. Approval of the October 10, 2023, City Council Meeting Minutes (Time Stamp: 1:25:13) MOTION: By Councilmember Diener, seconded by Councilmember Trenary, to approve the October 10, 2023, regular meeting minutes. The motion carried. Councilmember Clauson abstained. J. NEW: Adoption of a Resolution Approving the Purchase of Three Ford Vehicles from the Equipment Rental Revolving Fund 500 (Time Stamp: 1:26:09) MOTION: By Councilmember Clauson, seconded by Councilmember Trenary, to approve a resolution authorizing the purchase of vehicles and associated expenses from Bud Clary Ford/Hyundai. The motion carried. (Resolution No. 104 and Purchase Order Nos. 077-23, 078-23 and 079-23) 8. DISCUSSION ITEMS (No Action to be Taken) There were no discussion items. October 24, 2023, City Council Meeting Minutes Page 5of7 Page 112 of 122 Back to Agenda 9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:30:25) Mayor Putaansuu reported the Utilities Committee is scheduled to meet November 14tn. The Land Use Committee is scheduled to meet November 15tn. He also reported on a Housing Kitsap board meeting. Councilmember Chang and Mayor Putaansuu reported on the October 24tn Transportation Committee meeting. Councilmember Lucarelli reported the Festival of Chimes and Lights Committee is scheduled to meet November 6tn Councilmember Cucciardi reported the Lodging Tax Advisory Committee is scheduled to meet October 27tn 10. REPORT OF THE MAYOR (Time Stamp 1:34:50) The Mayor reported on the following: • In accordance with Resolution 007-11 'Establishing a Process for Future Amendments to the City's Personnel Policies and Procedures', he reported his approval of the following policy revisions: Personnel Policy 10.1 regarding reporting of arrests and convictions has been updated to reflect current best practices. • In accordance with Ordinance 008-20 'Delegating Authority to the Mayor for Creating and Modification of Job Descriptions', he reported his approval of the revised job description for the Senior Planner. • Kitsap Regional Coordinating Council's (KRCC) upcoming Legislative Reception. • Updates on the roundabout at Bay/Bethel/Maple. • Social media comments about the City's infrastructure. 11. REPORT OF DEPARTMENT HEADS (Time Stamp 1:41:04) Finance Director Crocker reported on the City receiving a AA+ rating and explained what it means for the City of Port Orchard and also reported on the status of the Bonds. Community Development Director Bond thanked the Council for approving the development agreement to save the tree. City Attorney Archer spoke to the coordination efforts of City departments and successful handling of very challenging issues that have come up. Police Chief Brown reported in the next several weeks, the police department will be relocating due to the City Hall construction which will cause front desk service impacts. 12. CITIZEN COMMENTS (Time Stamp 1:47:05) October 24, 2023, City Council Meeting Minutes Page 6 of 7 Page 113 of 122 Back to Agenda Rebecca Ewen, Alex Clark, and Spring Austin, spoke about the upcoming closure of the Western Washington Center of the Arts (WWCA) and urged everyone to support them and performing arts in our community. 13. EXECUTIVE SESSION There was no executive session. 14. CITY COUNCIL GOOD OF THE ORDER (Time Stamp: 1:52:20) Councilmember Diener reported on former employee Thomas Hunter and his new job as an Assistant City Manager in Texas. Councilmember Lucarelli wondered about the WWCA moving to the old theatre on Bay Street. Councilmember Rosapepe asked everyone to vote and return their ballots. 15. ADJOURNMENT The meeting adjourned at 8:24 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor October 24, 2023, City Council Meeting Minutes Page 7 of 7 Page 114 of 122 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.: Business Item 7A Meeting Date: November 14, 2023 Subject: Adoption of an Ordinance Amending POMC Prepared by: Charlotte Archer Title 9.14, Controlled Substances, in City Attorney Response to Senate Bill 5536 Atty Routing No.: 366922.0012 Atty Review Date: November 9, 2023 Summary: The Washington State Legislature adopted Senate Bill 5536, referred to as the "Blake Fix," relating to use and possession of drugs, taking effect on July 1, 2023. The bill made it a gross misdemeanor to: (1) Knowingly possess counterfeit substances and controlled substances (hereafter "prohibited substances"); or (2) Knowingly use prohibited substances in a public place. SB 5536 covers possession and use of counterfeit or controlled substances, or "hard" drugs such as fentanyl and other opioids, methamphetamine, heroin, and cocaine. Also prohibited is the knowing possession of non -prescribed legend drugs, as well as their knowing use in a public place, both classified as misdemeanors. The bill also creates a pre-trial diversion program and almost completely preempts local regulation of drug paraphernalia. SB 5536 includes preemption language that overrides local regulation of drug paraphernalia: The state of Washington hereby fully occupies and preempts the entire field of drug paraphernalia regulation within the boundaries of the state, including regulation of the use, selling, giving, delivery, and possession of drug paraphernalia, except as provided in subsection (2) of this section... Nothing in this chapter shall be construed to prohibit cities or counties from enacting laws or ordinances relating to the establishment or regulation of harm reduction services concerning drug paraphernalia. Because the now state fully occupies and preempts the entire field of setting penalties for violations of the controlled substances act, local ordinances must be consistent with chapter 69.50 RCW. However, cities must still adopt or incorporate state statutes into their municipal code in order to prosecute misdemeanor or gross misdemeanor cases in city municipal court. The City's Prosecutor has approved a proposed Ordinance that incorporates Title 69 in its entirety into the POMIC to ensure that the City has adequately incorporated the applicable misdemeanor and gross Page 115 of 122 Back to Agenda Business Item 7A Page 2of2 misdemeanors so that they can be prosecuted through the municipal court. The Ordinance would also repeal outdated POMC sections pertaining to controlled substances that are no longer valid. Recommendation: Staff recommends adoption of an Ordinance adopting by reference Title 69 and repealing and replacing antiquated provisions of Chapter 9.14 pertaining to controlled substances. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt an Ordinance repealing sections in Chapter 9.14 of the Port Orchard Municipal Code and amending Section 9.14.010 regarding controlled substances." Fiscal Impact: None anticipated. Alternatives: Do not approve and provide alternative guidance. Attachment: Ordinance Page 116 of 122 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, PERTAINING TO DRUG AND DRUG PARAPHERNALIA; REPEALING PORT ORCHARD MUNICIPAL CODE SECTIONS 9.14.020, 9.14.020, 9.14.025, 9.14.030, 9.14.040, 9.14.050, 9.14.070, 9.14.080, 9.14.090, AND AMENDING SECTION 9.14.010 TO DEFER TO STATE STATUTE; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, Article XI Section 11 of the Washington State Constitution authorizes cities to establish such crimes as necessary to protect the public safety, health, and welfare, so long as said crimes do not conflict with state law; and WHEREAS, the City adopted and enforces misdemeanors and gross misdemeanors, including but not limited to laws pertaining to the possession and use of drugs and drug paraphernalia, codified at Chapter 9 of the Port Orchard Municipal Code (POMC); and WHEREAS, in response to the Washington Supreme Court's decision in State v. Blake, 197 Wn.2d. 170, 481 P.3d 521 (2021), in 2023 the Washington state legislature adopted Second Engrossed Second Substitute Senate Bill 5536, making permanent changes in the state laws relating to the possession and use of controlled substances; and WHEREAS, the Bill also preempts the authority of cities to adopt local regulations regarding certain drug paraphernalia; and WHEREAS, the Police Chief, in conjunction with the Kitsap County Prosecuting Attorney's Office, acting by contract as the City's municipal court prosecutor, have recommended that the City amend its current codes to adopt changes made by the state legislature and to allow the enforcement of those laws through the City's municipal court; and WHEREAS, the City Council finds that it is in the best interests of the residents of Port Orchard to take action to adopt by reference these new state laws; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Repealer. Sections 9.14.020, 9.14.020, 9.14.025, 9.14.030, 9.14.040, 9.14.050, 9.14.070, 9.14.080, and 9.14.090 of the POMC are hereby repealed. Page 117 of 122 Back to Agenda Ordinance No. Page 2 of 3 SECTION 2. Amendment. Section 9.14.010 of the Port Orchard Municipal Code is hereby adopted to read as follows: 9.02.010 Adoption of RCW sections in Title 69 not specifically set forth. A. Notwithstanding the sections that are specifically adopted by reference in this title, all state statutes in Title 69 of the Revised Code of Washington that create misdemeanors and gross misdemeanors and the state statutes in Title 69 necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors are hereby adopted by reference as currently enacted or as hereafter amended or recodified from time to time, and shall be given the same force and effect as if set forth herein in full. SECTION 2. Severability. Should any portion of this ordinance be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Savings Clause. Those portions of the Port Orchard Municipal Code which are amended by this ordinance shall remain in force and effect as set out prior to this ordinance until the effective date of this ordinance. Such amendments shall not be construed as affecting any existing right acquired under the laws repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation or order promulgated thereunder. SECTION 4. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 14t" day of November 2023. ATTEST: Robert Putaansuu, Mayor SPONSOR: Brandy Wallace, MMC, City Clerk John Clauson, Councilmember Page 118 of 122 Back to Agenda Ordinance No. APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Page 3 of 3 Page 119 of 122 Back to Agenda City of Port Orchard Council Meeting Minutes Work Study Session Meeting of October 17, 2023 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 Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Councilmember Diener Present Councilmember Lucarelli Present Councilmember Rosapepe Absent Mayor Putaansuu Present Staff present: Public Works Director Ryan, Finance Director Crocker, Police Chief Brown, and Deputy City Clerk Floyd. Staff present via Zoom: Community Development Director Bond The meeting streamed live on YouTube. Pledge of Allegiance (Time Stamp 00:07) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance 1. Public Hearing on Mid -Year Biennial Review and Modifications Budget (Time Stamp 00:49) Mayor Putaansuu opened the public hearing at 6:31 p.m. Finance Director Crocker stated as established by RCW 35A.34.130, a mid -biennial review of the biennial budget is required. This review shall occur no sooner than eight months after the start of the biennium, September 15t, and no later than the close of the fiscal year, December 31St. The City has focused its criteria for mid -year modification to those items that are corrections, required, and are large capital with budgetary impacts. The budget amendment ordinance reflects the following; adopting budget amendments which reflect City Council and staff actions throughout 2023, totaling expenditures of $4.011 million; new expenditure requests totaling $6.975 million; and revenue adjustments totaling $15.087 million. Page 120 of 122 Back to Agenda Minutes of October 17, 2023 Page 2 of 3 Additionally, he provided a presentation which included the mid -biennial budget review schedule, highlights of the 2023-2024 mid -biennial review which included the Mayor's proposed budget adjustments and the Finance Committee's proposed added budget adjustments, governmental - special and debt funds which included real estate excise tax and governmental debt service which included Tremont Street REET. Mayor Putaansuu spoke to the governmental -operational funds current expenses, City street fund which included the Bay Street Pedestrian Pathway at Rockwell Park, Governmental -capital construction funds which included street capital construction, enterprise operational and capital funds which included water operations, water capital, water and storm debt service, ERR operational and capital purchases, personnel requests, and requests not funded. Finance Director Crocker, Councilmember Clauson, and Councilmember Cucciardi explained the Finance Committee's proposed added budget adjustments and recommendations for current expense, community events/lodging tax, real estate excise tax, impact fee fund, bond redemption fund, and capital construction. Additionally, Finance Director Crocker provided a presentation 'Capital Projects Current 2023-2024 Budget Proposed Adjustments' which included about $51 million in capital projects appropriated and with the proposed mid -year amendment would increase to almost $58 million. Capital construction projects included the city hall remodel, McCormick splash pad, public works charging stations and a new addition of office building and parking. Street capital construction which included the Safe Routes to School design, Bay Street design, Tremont Phase 2, SB 160 2A design, and Salmonberry/Blueberry design work. Water capital construction included Well No. 11, Well No. 7 preconstruction design, defunding the 390 Zone Low Pressure, and the water addition to Perry Avenue. No changes to Storm Capital. The sewer Capital Construction included South Sidney Ruby Creek design work, Pottery Avenue Sewer, and Bay Street Lift station. Lastly, he spoke to debt services and said the City is stable, has security, has reserves, and has things in place in case there is a downturn in revenues and we are fully funding our debt services. Mayor Putaansuu asked if anyone online would like to testify. There was no public in attendance, and no one online provided comments. At 7:58 p.m., Mayor Putaansuu closed the public hearing. Council Direction: No direction was given to staff. GOOD OF THE ORDER There was no good of the order. ADJOURNMENT Page 121 of 122 Back to Agenda Minutes of October 17, 2023 Page 3 of 3 The meeting adjourned at 8:00 p.m. No other action was taken. Audio/Visual was successful. Jenine Floyd, CIVIC, Deputy City Clerk Robert Putaansuu, Mayor Page 122 of 122