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10/13/2020 - Regular - PacketCity of Port Orchard Council Meeting Agenda October 13, 2020 6:30 p.m. Pursuant to the Governor’s “Stay Home - Stay Safe” Order, the City will take actions on necessary and routine business items. The City is prohibited from conducting meetings unless the meeting is NOT conducted in-person and instead provides options for the public to attend through telephone, internet or other means of remote access, and also provides the ability for persons attending the meeting (not in- person) to hear each other at the same time. Therefore; Remote access only Link: https://us02web.zoom.us/j/83591724371 Zoom Meeting ID: 835 9172 4371 Zoom Call-In: 1 253 215 8782 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. When recognized by the Mayor, please state your name for the official record) 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 Amending Port Orchard Municipal Code Chapter 10.12 Establishing Regulations and Fees Related to Parking, Stopping, and Standing in Certain Areas of the City (Dorsey) Page 3 D.Ratification of Mayor’s Signature on Grant No. GVL24702 with DOH for the McCormick Woods/Port Orchard Water Systems Consolidation Study (Dorsey) Page 24 E.Approval of a Contract with Lakewood Police Department for Facility Use of the City’s Firearms Range (M. Brown) Page 41 F.Approval of the September 15, 2020, Council Work Study Session Meeting Minutes Page 46 G.Excusal of Councilmember Rosapepe Due to Personal Obligations 5.PRESENTATION A.Revenue Sources (Crocker) 6.PUBLIC HEARING A.Adoption of an Ordinance Proposing Revisions to Port Orchard Municipal Code Chapter 3.48 Multifamily Property Tax Exemption (Bond) Page 49 7.BUSINESS ITEMS A.Adoption of an Ordinance Revising Port Orchard Municipal Code Chapter 3.48 Multifamily Tax Property Tax Exemption (Bond) Page 84 Mayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby Finance Committee Economic Development & Tourism Committee Transportation Committee, Chair KRCC/KRCC PlanPol-alt /KRCC TransPol PSRC-alt/PSRC TransPOL-Alt/PRTPO Shawn Cucciardi Finance Committee E/D & Tourism Committee, Chair Kitsap Economic Development Alliance Fred Chang Economic Development & Tourism Committee Land Use Committee Jay Rosapepe (Mayor Pro-Tempore) Utilities/Sewer Advisory Committee Land Use Committee Transportation Committee Lodging Tax Advisory Committee, Chair KRCC-alt John Clauson Finance Committee, 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 Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Rinearson, MMC, CPRO City Clerk Meeting Location: Council Chambers, 3rd Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@cityofportorchard.us Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations. October 13, 2020, Meeting Agenda Page 2 of 2 B. Adoption of an Ordinance Adopting Amendments to Port Orchard Municipal Code Chapter 20.26 Development Agreements (Bond) Page 102 C. Adoption of a Resolution Approving a Contract with the South Kitsap School District for COVID-19 Relief (Archer) Page 116 D. Adoption of a Resolution Approving an Amendment to Contract No. 060-20 with the Department of Commerce Related to the COVID-19 CARES Act Funds (Crocker) Page 125 E. Adoption of a Resolution Amending Resolution No. 029-20 to Increase the Total Amount of Available Grant Funding, and to Approve an Amendment to Contract No. 063-20 with the Kitsap Economic Development Alliance for Administration of the Port Orchard CARES Small Business Relief Grant Program (Crocker) Page 150 F. Adoption of a Resolution Approving a Contract with Rice Fergus Miller for the 2020-2021 Schematic Design (30%) City Hall Improvement Project (Dorsey) Page 165 G. Approval of the September 22, 2020, Council Meeting Minutes Page 184 8. DISCUSSION ITEMS (No Action to be Taken) A. Biennial Budget (Crocker) 9. REPORTS OF COUNCIL COMMITTEES 10. REPORT OF MAYOR 11. REPORT OF DEPARTMENT HEADS 12. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record) 13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 14. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance October 13, 2020; 5:00pm - 2nd Tuesday of each month Remote Access Economic Development and Tourism TBD Remote Access Utilities October 20, 2020; 5:00pm - 3rd Tuesday of each month Remote Access Sewer Advisory TBD, 2020 Remote Access Land Use November 4, 2020; 9:30am Remote Access Transportation October 27, 2020; 5:00pm; 4th Tuesday of each month Remote Access Lodging Tax Advisory October, 2020 Remote Access Festival of Chimes & Lights October 19, 2020; 3:30pm Remote Access Outside Agency Committees Varies Varies CITY COUNCIL GOOD OF THE ORDER City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Meeting Date: October 13, 2020 Subject: Adoption of an Ordinance Amending Port Prepared by: Mark R. Dorsey, P.E. Orchard Municipal Code Chapter 10.12 Public Works Director Establishing Regulations and Fees Related to Atty Routing No.: N/A Parking, Stopping or Standing in Certain Atty Review Date: N/A Areas of the City Summary: This Ordinance helps to address city employee parking needs. Relationship to Comprehensive Plan: None Recommendation: Staff recommends adoption of Ordinance No. 026-20, thereby updating POMC Chapter 10.12.270 and 10.12.500 regarding Parking, Stopping or Standing in Certain Areas of the City. Motion for Consideration: I move to adopt Ordinance No. 026.20, thereby updating POMC Chapter 10.12.270 and 10.12.500 regarding Parking, Stopping or Standing in Certain Areas of the City, with final form approved by the City Attorney. Fiscal Impact: None. Alternatives: Do not approve and provide further direction to staff. Attachments: Ordinance with POMC 10.12 Redline and Ordinance Final Version. Page 3 of 189 ORDINANCE NO. 026-20 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO PARKING ON PUBLIC STREETS; AMENDING SECTION 10.12.270 AND 10.12.500 OF THE PORT ORCHARD MUNICIPAL CODE, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, WAC 308.330.270 authorizes the City to adopt regulations to prohibit, regulate or limit stopping, standing or parking of vehicles in the City; and WHEREAS, Port Orchard Municipal Code (POMC) Section 10.12.080(1) authorizes the City Council to from time to time, establish parking prohibitions and restrictions on portions of certain specified streets; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update such regulations; and WHEREAS, the City Council chose to codify the parking regulations in order to aid the public in its ability to access and review said regulations; and WHEREAS, specific revisions to POMC Section 10.12.270, Stopping, standing and parking, and POMC Section 10.12.500 Parking prohibited at all times, are hereby proposed by staff; and WHEREAS, the City Council has reviewed the proposed amendments and believes it to be in the best interests of the City to enact the proposed amendments; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.12.270 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.270 Stopping, standing and parking. 1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: (a) Stop, park, or leave standing any vehicle, whether attended or unattended, upon the roadway. (b) Stop, stand, or park a vehicle: (i) On the roadway side of any vehicle stopped or parked at the edge of a curb of a street; (ii) On a sidewalk, curb, or street planting strip; (iii) Within an intersection; (iv) On a crosswalk; Page 4 of 189 Ordinance No. 026-20 Page 2 of 10 (v) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; (vi) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (vii) On any railroad tracks; or (viii) In the area between roadways of a divided highway including crossovers. (c) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: (i) In front of a public or private driveway or within five feet of the end of the curb radius leading thereto; (ii) Within 15 feet of a fire hydrant; (iii) Within 20 feet of a crosswalk; (iv) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway; (v) Within 20 feet of the driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within 75 feet of said entrance when properly posted; or (vi) Within 15 feet of a clearly visible mailbox which is located directly adjacent to curbside or right-of-way., between the hours of 8:00 a.m. and 6:00 p.m., except on Sundays and holidays. (d) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: (i) Within 50 feet of the nearest rail of a railroad crossing. (2) It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right. (3) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or as close as practicable to the right edge of the right- hand shoulder. (4) Except when otherwise provided by this section, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. (5) Subsections (1) through (4) of this section do not apply to the driver of any vehicle that is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such position. The driver shall nonetheless arrange for the prompt removal of the vehicle. (6) Violation of this section is a Class A parking infraction. Page 5 of 189 Ordinance No. 026-20 Page 3 of 10 SECTION 2. Section 10.12.500 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.500 Parking prohibited at all times. When signs are erected by the city engineer giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets described as follows: 1. Ada Street: on the north side of Ada Street, in front of 825 Ada Street. 2. Advantage Avenue: on the west side of the north 350 feet of roadway and on the left-hand side, as the traffic flows, of the remainder of the street. 3. Andasio Loop SE: on the outside curb along the entire loop. 4. Arnold Avenue E.: along the west side of Arnold Avenue E., from the Lawrence Street intersection, to the northeast towards Bay St., 100 feet. 5. Arnold Avenue E.: along the east side of Arnold Avenue E., from the Bay Street intersection, to the south 66 feet. 6. Bay Street: on both sides, from the traffic signal on SR 166 (Bay/Maple Street) for a distance of 200 feet northeast of Guy Wetzel Street. 7. Bay Street: at the intersection with Wharf Street (Mitchell Point), along the outside radius of the existing road as delineated by the established guardrail. 8. Bay Street: on the south side from Page 6 of 189 Ordinance No. 026-20 Page 4 of 10 Tracy Avenue, westerly for a distance of 200 feet. 9. Bay Street: on the north side, from the DeKalb Street pedestrian pier westerly for 70 feet and in front of 501 Bay Street. 10. Bay Street: at the southwest corner of the intersection with Arnold Avenue E., from the point of curvature to the point of tangency of the curve radius. 11. Bay Street: on the south side from Dekalb Street, 130 feet to the east. 12. Becky Avenue: on both sides of street, from Dallas Street south to dead end. 13. Bethel Avenue on the west side from the driveway at 1130 Bethel Avenue, 245 feet north. 14. Cedar Canyon: on both sides of the street within 100 feet of the Tremont Street right-of- way. 15. Chanting Circle SW: on both sides of street, from Old Clifton Road 260 feet. Then on the east side to Chanting Circle. Then along the inside curb of the remaining part of Chanting Circle. 16. Chatterton Avenue SW: on the west side of street. 17. Chowchilla Way: on the south side of street. 18. Dallas Street: on the right-hand side, as the traffic flows. 19. DeKalb Street: on both sides from Cline Avenue easterly to dead end. Page 7 of 189 Ordinance No. 026-20 Page 5 of 10 20. DeKalb Street: on the south side, from Sidney Avenue westerly for a distance of 100 feet. 21. DeKalb Street: on the north side, from Tracy Avenue easterly to the end of DeKalb Street. 22. DeKalb Street: on the south side, from Mitchell Avenue to the east side of Tracy Avenue. 23. Donna Street: on the south side of street. 24. Egret Street: on the south side of the street. 25. Fiscal Street: on the south side of the street. 26. Fantail Place: on the east side of the street. 27. Farragut Avenue: on both sides, from DeKalb Street to Morton Street; except, on the east side, 160 feet north of DeKalb Street. 28. Forest Park Street On both sides of the street. 29. Glenmore Loop: on the inside radius of the entire loop. 30. Glenwood Road SW: on the north side, from Sidney Road 350 feet west. 31. Grebe Way: on the north side, from Siskin Circle to Swift Avenue. 32. Guy Wetzel Street: on both sides from Bay Street to Perry Avenue. 33. Huntington Street: on both sides from Olney Avenue to Glenmore Loop and the north side from Glenmore Loop to west end terminus. 34. Jabirin Way: on the north side of street. Page 8 of 189 Ordinance No. 026-20 Page 6 of 10 35. Koda Circle: 36. Landis Ct. SW along fire lanes where marked/posted. on the northeast side. 367. Lazuli Street: on the south side, from Wigeon Avenue to Siskin Circle. 378. Lippert Drive: on both sides, from Pottery Avenue to Advantage Street. 389. Lloyd Parkway: on both sides from SW Old Clifton Road to Lumsden Road. 3940. Lowren Street: on the right-hand side, as the traffic flows on the one-way portion of the street. 401. Lumsden Road: on both sides of the street. 412. Lone Bear Drive: on both sides from Feigley Road to 100 feet west of Chatterton Avenue SW. 423. Longview Avenue: on east side of street. 434. Mitchell Avenue: on both sides, from Bay Street to Kitsap Street. 445. Murrelet Avenue: on both sides, from Old Clifton Road to Siskin Circle. 456. Pickford Place SW: on the left-hand side as the traffic flows on the street, from SW Colbert Way to end of cul-de-sac. 467. Plisko Avenue: on both sides, from Mitchell Avenue to Mile Hill Drive. 478. Prospect Street: on the inside radius of the curve between Robert Geiger Street and Frederick Avenue. Page 9 of 189 Ordinance No. 026-20 Page 7 of 10 489. Pottery Avenue: on both sides of the street, within 100 feet of the Tremont Street right-of- way. 4950. Retsil Road: on the west side, from the north corporate limits to the south property line of 982 Retsil Road. 501. Robert Geiger Street: other than official city vehicles, parking is prohibited at all times along the south side, from Bay Street to Prospect Street. 512. Rockwell Avenue: on both sides, from Bay Street to Kitsap Street. 523. Ross Street: on the south side of the 400 block. 534. Sage Court: on both sides of street. 545. Sage Street: on both sides from Pottery Avenue east for a distance of 70 feet and on the left- hand side, as the traffic flows, on the remainder of the street. 556. Seattle Avenue: on the east side, from Bay Street southerly for a distance of 82 feet. 567. Sherman Avenue: on the east side of the 1200-1300 block from the dead end 980 feet north. 578. Sidney Avenue: on the west side from Bay Street to Prospect Street. 589. Siskin Circle: on the inside curb of Siskin Circle throughout the circle. 5960. Snowridge Avenue: on the left-hand side, as the traffic flows on the street. Page 10 of 189 Ordinance No. 026-20 Page 8 of 10 601. Sprague Street: on the right-hand side, as the traffic flows on the one-way portion of the street. 612. Sroufe Street: on the south side, from Sidney Avenue to Portland Avenue. 623. Strathmore Circle SW: on outside of circle traveling either direction. 634. Sweany Street: on the north side, from Cline Avenue westerly for a distance of 340 feet. 645. Sweany Street: on the south side, from Sidney Avenue westerly for a distance of 200 feet. 656. Swift Avenue: on west side, from Siskin Circle to Lazuli Street. 667. SW Colbert Way: on left-hand side of street as the traffic flows, from Pickford Place SW to Chatterton Avenue SW. 678. SW Old Clifton Road on both sides from Chanting Circle SW to Campus Parkway. 689. SW Stanwick Way: on the right-hand side of street as the traffic flows, from Lone Bear Drive to Pickford Place SW. 6970. Tremont Place: on both sides of street from 233 Tremont Place driveway to end of road guardrail. 701. Tremont Street: on both sides of the street, within 100 feet of Pottery Avenue right-of-way. 712. Warbler Way: on both sides of street from Old Clifton Road to Siskin Circle. 723. Warbler Way: from Siskin Circle to curve Page 11 of 189 Ordinance No. 026-20 Page 9 of 10 (park) on south side and on east side from curve (park) to Grebe Way. 734. Wilkins Drive: on both sides, from the west terminus, eastward 350 feet. 745. Lot 4: all of Lot 4, as defined in POMC 10.12.580, Saturdays from 5:00 a.m. to 5:00 p.m., from April 1st through October 31st. SECTION 3. Authorization for Posting Signs. The City Engineer is hereby directed to post the signs as required and as a result of the amendments of Section 10.12.270 AND 10.12.500, after passage of this Ordinance, before the Effective Date. SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 5. Effective Date. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 13th day of October 2020 Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, CMC, City Clerk Page 12 of 189 Ordinance No. 026-20 Page 10 of 10 APPROVED AS TO FORM: SPONSORED BY: Charlotte A. Archer, City Attorney Scott Diener, Councilmember Page 13 of 189 ORDINANCE NO. 026-20 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO PARKING ON PUBLIC STREETS; AMENDING SECTION 10.12.270 AND 10.12.500 OF THE PORT ORCHARD MUNICIPAL CODE, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, WAC 308.330.270 authorizes the City to adopt regulations to prohibit, regulate or limit stopping, standing or parking of vehicles in the City; and WHEREAS, Port Orchard Municipal Code (POMC) Section 10.12.080(1) authorizes the City Council to from time to time, establish parking prohibitions and restrictions on portions of certain specified streets; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update such regulations; and WHEREAS, the City Council chose to codify the parking regulations in order to aid the public in its ability to access and review said regulations; and WHEREAS, specific revisions to POMC Section 10.12.270, Stopping, standing and parking, and POMC Section 10.12.500 Parking prohibited at all times, are hereby proposed by staff; and WHEREAS, the City Council has reviewed the proposed amendments and believes it to be in the best interests of the City to enact the proposed amendments; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.12.270 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.270 Stopping, standing and parking. 1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: (a) Stop, park, or leave standing any vehicle, whether attended or unattended, upon the roadway. (b) Stop, stand, or park a vehicle: (i) On the roadway side of any vehicle stopped or parked at the edge of a curb of a street; (ii) On a sidewalk, curb, or street planting strip; (iii) Within an intersection; (iv) On a crosswalk; Page 14 of 189 Ordinance No. 026-20 Page 2 of 10 (v) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; (vi) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (vii) On any railroad tracks; or (viii) In the area between roadways of a divided highway including crossovers. (c) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: (i) In front of a public or private driveway or within five feet of the end of the curb radius leading thereto; (ii) Within 15 feet of a fire hydrant; (iii) Within 20 feet of a crosswalk; (iv) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway; (v) Within 20 feet of the driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within 75 feet of said entrance when properly posted; or (vi) Within 15 feet of a clearly visible mailbox which is located directly adjacent to curbside or right-of-way. (d) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: (i) Within 50 feet of the nearest rail of a railroad crossing. (2) It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right. (3) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or as close as practicable to the right edge of the right- hand shoulder. (4) Except when otherwise provided by this section, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. (5) Subsections (1) through (4) of this section do not apply to the driver of any vehicle that is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such position. The driver shall nonetheless arrange for the prompt removal of the vehicle. (6) Violation of this section is a Class A parking infraction. Page 15 of 189 Ordinance No. 026-20 Page 3 of 10 SECTION 2. Section 10.12.500 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.500 Parking prohibited at all times. When signs are erected by the city engineer giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets described as follows: 1. Ada Street: on the north side of Ada Street, in front of 825 Ada Street. 2. Advantage Avenue: on the west side of the north 350 feet of roadway and on the left-hand side, as the traffic flows, of the remainder of the street. 3. Andasio Loop SE: on the outside curb along the entire loop. 4. Arnold Avenue E.: along the west side of Arnold Avenue E., from the Lawrence Street intersection, to the northeast towards Bay St., 100 feet. 5. Arnold Avenue E.: along the east side of Arnold Avenue E., from the Bay Street intersection, to the south 66 feet. 6. Bay Street: on both sides, from the traffic signal on SR 166 (Bay/Maple Street) for a distance of 200 feet northeast of Guy Wetzel Street. 7. Bay Street: at the intersection with Wharf Street (Mitchell Point), along the outside radius of the existing road as delineated by the established guardrail. 8. Bay Street: on the south side from Page 16 of 189 Ordinance No. 026-20 Page 4 of 10 Tracy Avenue, westerly for a distance of 200 feet. 9. Bay Street: on the north side, from the DeKalb Street pedestrian pier westerly for 70 feet and in front of 501 Bay Street. 10. Bay Street: at the southwest corner of the intersection with Arnold Avenue E., from the point of curvature to the point of tangency of the curve radius. 11. Bay Street: on the south side from Dekalb Street, 130 feet to the east. 12. Becky Avenue: on both sides of street, from Dallas Street south to dead end. 13. Bethel Avenue on the west side from the driveway at 1130 Bethel Avenue, 245 feet north. 14. Cedar Canyon: on both sides of the street within 100 feet of the Tremont Street right-of- way. 15. Chanting Circle SW: on both sides of street, from Old Clifton Road 260 feet. Then on the east side to Chanting Circle. Then along the inside curb of the remaining part of Chanting Circle. 16. Chatterton Avenue SW: on the west side of street. 17. Chowchilla Way: on the south side of street. 18. Dallas Street: on the right-hand side, as the traffic flows. 19. DeKalb Street: on both sides from Cline Avenue easterly to dead Page 17 of 189 Ordinance No. 026-20 Page 5 of 10 end. 20. DeKalb Street: on the south side, from Sidney Avenue westerly for a distance of 100 feet. 21. DeKalb Street: on the north side, from Tracy Avenue easterly to the end of DeKalb Street. 22. DeKalb Street: on the south side, from Mitchell Avenue to the east side of Tracy Avenue. 23. Donna Street: on the south side of street. 24. Egret Street: on the south side of the street. 25. Fiscal Street: on the south side of the street. 26. Fantail Place: on the east side of the street. 27. Farragut Avenue: on both sides, from DeKalb Street to Morton Street; except, on the east side, 160 feet north of DeKalb Street. 28. Forest Park Street On both sides of the street. 29. Glenmore Loop: on the inside radius of the entire loop. 30. Glenwood Road SW: on the north side, from Sidney Road 350 feet west. 31. Grebe Way: on the north side, from Siskin Circle to Swift Avenue. 32. Guy Wetzel Street: on both sides from Bay Street to Perry Avenue. 33. Huntington Street: on both sides from Olney Avenue to Glenmore Loop and the north side from Glenmore Loop to west Page 18 of 189 Ordinance No. 026-20 Page 6 of 10 end terminus. 34. Jabirin Way: on the north side of street. 35. Koda Circle: 36. Landis Ct. SW along fire lanes where marked/posted. on the northeast side. 37. Lazuli Street: on the south side, from Wigeon Avenue to Siskin Circle. 38. Lippert Drive: on both sides, from Pottery Avenue to Advantage Street. 39. Lloyd Parkway: on both sides from SW Old Clifton Road to Lumsden Road. 40. Lowren Street: on the right-hand side, as the traffic flows on the one-way portion of the street. 41. Lumsden Road: on both sides of the street. 42. Lone Bear Drive: on both sides from Feigley Road to 100 feet west of Chatterton Avenue SW. 43. Longview Avenue: on east side of street. 44. Mitchell Avenue: on both sides, from Bay Street to Kitsap Street. 45. Murrelet Avenue: on both sides, from Old Clifton Road to Siskin Circle. 46. Pickford Place SW: on the left-hand side as the traffic flows on the street, from SW Colbert Way to end of cul-de-sac. 47. Plisko Avenue: on both sides, from Mitchell Avenue to Mile Hill Drive. 48. Prospect Street: on the inside radius of the Page 19 of 189 Ordinance No. 026-20 Page 7 of 10 curve between Robert Geiger Street and Frederick Avenue. 49. Pottery Avenue: on both sides of the street, within 100 feet of the Tremont Street right-of- way. 50. Retsil Road: on the west side, from the north corporate limits to the south property line of 982 Retsil Road. 51. Robert Geiger Street: other than official city vehicles, parking is prohibited at all times along the south side, from Bay Street to Prospect Street. 52. Rockwell Avenue: on both sides, from Bay Street to Kitsap Street. 53. Ross Street: on the south side of the 400 block. 54. Sage Court: on both sides of street. 55. Sage Street: on both sides from Pottery Avenue east for a distance of 70 feet and on the left- hand side, as the traffic flows, on the remainder of the street. 56. Seattle Avenue: on the east side, from Bay Street southerly for a distance of 82 feet. 57. Sherman Avenue: on the east side of the 1200-1300 block from the dead end 980 feet north. 58. Sidney Avenue: on the west side from Bay Street to Prospect Street. 59. Siskin Circle: on the inside curb of Siskin Circle throughout the circle. Page 20 of 189 Ordinance No. 026-20 Page 8 of 10 60. Snowridge Avenue: on the left-hand side, as the traffic flows on the street. 61. Sprague Street: on the right-hand side, as the traffic flows on the one-way portion of the street. 62. Sroufe Street: on the south side, from Sidney Avenue to Portland Avenue. 63. Strathmore Circle SW: on outside of circle traveling either direction. 64. Sweany Street: on the north side, from Cline Avenue westerly for a distance of 340 feet. 65. Sweany Street: on the south side, from Sidney Avenue westerly for a distance of 200 feet. 66. Swift Avenue: on west side, from Siskin Circle to Lazuli Street. 67. SW Colbert Way: on left-hand side of street as the traffic flows, from Pickford Place SW to Chatterton Avenue SW. 68. SW Old Clifton Road on both sides from Chanting Circle SW to Campus Parkway. 69. SW Stanwick Way: on the right-hand side of street as the traffic flows, from Lone Bear Drive to Pickford Place SW. 70. Tremont Place: on both sides of street from 233 Tremont Place driveway to end of road guardrail. 71. Tremont Street: on both sides of the street, within 100 feet of Pottery Avenue right-of-way. 72. Warbler Way: on both sides of street Page 21 of 189 Ordinance No. 026-20 Page 9 of 10 from Old Clifton Road to Siskin Circle. 73. Warbler Way: from Siskin Circle to curve (park) on south side and on east side from curve (park) to Grebe Way. 74. Wilkins Drive: on both sides, from the west terminus, eastward 350 feet. 75. Lot 4: all of Lot 4, as defined in POMC 10.12.580, Saturdays from 5:00 a.m. to 5:00 p.m., from April 1st through October 31st. SECTION 3. Authorization for Posting Signs. The City Engineer is hereby directed to post the signs as required and as a result of the amendments of Section 10.12.270 AND 10.12.500, after passage of this Ordinance, before the Effective Date. SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 5. Effective Date. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 13th day of October 2020. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 22 of 189 Ordinance No. 026-20 Page 10 of 10 APPROVED AS TO FORM: SPONSORED BY: Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 23 of 189 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4D Meeting Date: October 13, 2020 Subject Ratification of Mayor’s Signature on Prepared by: Mark Dorsey, P.E. Grant No. GVL24702 with DOH for the Public Works Director McCormick Woods/Port Orchard Water Atty Routing No.: N/A Systems Consolidation Study Atty Review Date: N/A Summary: The City of Port Orchard was awarded a $30,000 Grant by the Washington State Department of Health, Office of Drinking Water (DOH) to conduct a study on the consolidation of the McCormick Woods and City of Port Orchard Water Systems. On December 31, 2019, the Mayor executed DOH Contract No. GVL24702 and DOH subsequently executed said Contract on January 2, 2020. Relationship to Comprehensive Plan: Chapter 7 – Utilities Recommendation: Staff recommends ratification of the Mayor’s signature on Washington State Department of Health, Office of Drinking Water (DOH) Grant No. GVL24702 in the amount of $30,000 for the McCormick Woods and City of Port Orchard Water System Consolidation Study. Motion for Consideration: Staff recommends ratification of the Mayor’s signature on Washington State Department of Health, Office of Drinking Water (DOH) Grant No. GVL24702 in the amount of $30,000 for the McCormick Woods and City of Port Orchard Water System Consolidation Study. Alternatives: None Fiscal Impact: Grant award of $30,000. Attachments: Executed DOH Contract No. GVL24702. Page 24 of 189 GVL24702Grant AgreementbetweenDepartment of HealthandCity of Port OrchardPage 25 of 189 TABLE OF CONTENTSFace Sheet..................................................................................................................... 1Special Terms and Conditions ........................................................................................21. Contract Management and Communications ...........................................22. Compensation.........................................................................................^3. Expenses...................................................................................-.-.......^4. Billing Procedures and Payment.............................................................^5. SUBCONTRACTOR Data Coilection ...................................................... 36. Historical or Cultura! Artifacts................................................................... 37. Insurance................................................................................................. 38. Order of Precedence................................................................................ 3General Terms and Conditions ....................................................................................... 41. Definitions...............................................................................................^2. Allowable Costs....................................................................................... 43. All Writings Contained Herem.................................................................. 44. Amendments...........................................................................................^5. Americans with Disabilities Act (ADA)...................................................... 46. Assignment.............................................................................................^7. Attorney's Fees........................................................................................ 58. Code Requirements.................................................................................59. Conformance...........................................................................................510. Conflict of Interest.................................................................................... 511. Disallowed Costs .....................................................................................512. Disputes................................................................................................... 513. Duplicate Payment................................................................................... 614. Governing Law and Venue....................................................................... 615. Indemnification......................................................................................... 616. Independent Capacity of the CONTRACTOR .......................................... 617. Industrial Insurance Coverage................................................................. 618. Laws........................................................................................................ 619. Licensing, Accreditation and Registration ................................................620. Limitation of Authority ..............................................................................721. Noncompiiance With Nondiscrimination Laws........................................../22. Prevailing Wage Law............................................................................... 723. Prohibition Against Payment of Bonus or Commission............................. 724. Publicity..................................................................................-...............?25. Recapture................................................................................................?26. Records Maintenance..............................................................................?27. Registration With Department of Revenue............................................... 728. Right of Inspection.............................................................................-....?Page 26 of 189 FACE SHEETWashington State Department of Health on behalf ofFinancial Services DivisionOffice of Drinking WaterDrinking Water System Repairs and ConsolidationContract Number: CB0247021. CONTRACTORCity of Port Orchard2. CONTRACTOR Doing Business As (optional)Address doing Business as3. CONTRACTOR RepresentativeJacki BrownUtility Manager360-876-4991publ[cworks(%citvofportorchard,us4. DOH RepresentativeEloise RudolphGrants and Loan Officer360-236-3124E]oise.Rudolph(a)doh.wa.govPO BOX 47822Olympia, WA 98504-78225. Contract Amount$30,0006. Funding SourceFederal: |_| State:Other: D N/A: D7. Start DateDOE8. End Date6/30/20219. Federal Funds (as applicable)N/A10. Federal AgencyN/A11. CFDA Number:N/A12. Tax ID #91-600148713.SWV#00265665-0014.UBI#182-000-00515. DUNS ft08.193.279016. Contract PurposeThe purpose of this contract is to fund a study for the consolidation ofMcCormick Woods's water system (PWSID 40529) withPort Orchard,DOH and CONTRACTOR acknowledge and accept the terms of this Contract and have executed this Contract on the date below tostart as of the date and year referenced above. The rights and obligations of the parties are governed by the Contract Special Termsand Conditions, General Terms and Conditions, Attachment "A" — Scope of Work, and Attachment "B" — Budget,FOR CONTRACTORv\v^^<j.x <\^\(<a^\i^\^.\-\\\Mr\Date Signed:FOR DOH...--ri-^[T.J.^..6^.Department of Health Contracting Officer Signature ,lff 12-1 "^ ~L.C>DatJ Signed:Frank WebleyContract SpeeialisfIECAPPROVED AS TO FORM ONLYBY ASSISTANT ATTORNEY GENERALAPPROVAL ON FILEContract # GVL24702Page 1 of 12Page 27 of 189 TABLE OF CONTENTS29. Savings.................................................................................................... 830. Severability.............................................................................................. 831. Subcontracting......................................................................................... 832. Survival.................................................................................................... 833. Taxes....................................................................................................... 834. Termination for Cause ............................................................................. 835. Termination Procedures...........................................................................936. Waiver..................................................................................................... 9Attachment A, Scope of WorkAttachment B, BudgetJAN 02Page 28 of 189 SPECIAL TERMS AND CONDITIONSCAPITALSTATE FUNDS1. CONTRACT MANAGEMENT AND COIVHVIUNICATIONSCommunication regarding Contract performance is delegated by each party to its ContractRepresentative. Either party may change its Representative by giving prior express notice to theother party. Either party may identify on an as-needed basis an alternate Representative to serveduring the stated temporary absence of its primary Representative.Notices between the parties regarding Contract performance must be by written connmunicationbetween the Representatives. Written communication includes email but not voice mail. Notices arepresumed received by the other party's Representative upon evidence of delivery between the hoursof 8:00 am to 5:00 pm except for state holidays and weekends.2. COIVIPENSATIONDOH shall pay an amount not to exceed $30,000 for the performance of all things necessary for orincidental to the performance of work as set forth in the Scope of Work and Budget. CONTRACTOR'Scompensation for services rendered shall be based on the following rates or in accordance with thefollowing terms:3. EXPENSESCONTRACTOR may receive reimbursement for travel and other expenses if provided for under theScope of Work or Budget. Any expense reimbursements are inciuded in the Contract not to exceedamount.Such expenses may include airfare (economy or coach class only), other transportation expenses,and lodging and subsistence necessary during periods of required travel. Compensation for travelexpenses will be made at current state travel reimbursement rates.4. BILLING PROCEDURES AND PAYMENTDOH will pay CONTRACTOR upon acceptance of properiy completed invoice voucher (Form A-19)submitted to the DOH Representative. Invoices may not be submitted more frequently than monthly.The invoices must describe and document, to DOH's satisfaction, a description of the workperformed, and the progress of the project under the Scope of Work. Each invoice must include theContract Number GVL24702. If expenses are invoiced, CONTRACTOR must provide a detailedbreakdown of each type. A receipt must accompany any single expense in the amount of $50.00 ormore to qualify for reimbursement.Payments are timely if made by DOH within thirty (30) calendar days after receipt of properlycompleted invoices. Payment will be sent to the address designated by the CONTRACTOR if otherthan to the CONTRACTOR Representative.No payments in advance or in anticipation of performance to be provided under the Scope of Workwili be made by DOH.Duplication of Billed CostsThe CONTRACTOR may not bill DOH for services performed under this Agreement, and DOH shallnot pay the CONTRACTOR, if the CONTRACTOR is entitled to payment or has been or will be paidby any other source, including grants, for that service.Disallowed CostsThe CONTRACTOR is responsible for any audit exceptions or disallowed costs incurred by its ownorganization or that of its SUBCONTRACTORS.DOH will withhold ten percent (10%) of grant funds until DOH confirms that RECIPIENT hassuccessfully completed all steps for PROJECT COMPLETION. The 10% holciback will be available toRECIPIENT as part of the last grant disbursement.Contract # GVL24702-0 Page 2 of 12Page 29 of 189 SPECIAL TERMS AND CONDITIONSCAPITALSTATE FUNDS5. SUBCONTRACTOR DATA COLLECTIONCONTRACTOR will submit reports, in a form and format to be provided by DON and at intervals asagreed by the parties, regarding work under this Grant performed by SUBCONTRACTORS and theportion of Grant funds expended for work performed by SUBCONTRACTORS, including but notnecessarily limited to minority-owned, woman-owned, and veteran-owned businessSUBCONTRACTORS. "SUBCONTRACTORS" shall mean SUBCONTRACTORS of any tier.6. HISTORICAL OR CULTURAL ARTIFACTSCertain capital construction projects may be subject to the requirements of Washington StateExecutive Order 05-05 "Archaeological and Cultural Resources." CONTRACTOR will cooperate withDOH as may be required, to fulfil! the requirements of EO-05-05. In the event that historical or culturalartifacts are discovered at the Project site during construction or rehabilitation, the CONTRACTOR orSUBCONTRACTOR shall immediately stop work and notify the local historical preservation officerand the state historic preservation officer at the Department of Archaeology and Historic Preservationat (360) 586-3065. If human remains are discovered, the CONTRACTOR shall immediately stopwork and report the presence and location of the remains to the coroner and local enforcement, thencontact DAMP and any concerned tribe's cultural staff or committee.7. INSURANCEThe CONTRACTOR shall maintain coverage for the duration of the project and shall provide proof ofcoverage and scope of coverage upon request from DOH. Coverage must include comprehensivetiabiiity, personal injury, errors and omissions, and contractual liability.8. ORDER OF PRECEDENCEIn the event of an inconsistency in this Contract, the inconsistency shall be resolved by givingprecedence in the following order: The order of precedence for terms and conditions under categoriesB through E is subject to the proviso that when a Contract term or condition appears in more than oneContract section, the more specific Contract term or condition shall control if the different provisionscannot be harmonized.A. Applicable federal and state of Washington statutes and regulationsB. Special Terms and ConditionsC. General Terms and ConditionsD. Attachment A - Scope of WorkE. Attachment B - BudgetContract # GVL24702-0 Page 3 of 12Page 30 of 189 GENERAL TERMS AND CONDITIONSCAPITALSTATE FUNDS1. DEFINITIONSAs used throughout this Contract, the following terms shall have the meaning set forth below:A. "DOH Representative" shall mean the identified designee authorized to act on behaff of DOH in themanagement of the Contract.B. "DOH" shall mean the Washington State Department of Health.C. "Contract" or "Agreement" means the entire written agreement between DOH and theCONTRACTOR, including Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery ofan original.D. "CONTRACTOR" shall mean the entity identified on the face sheet performing service(s) underthis Contract, and shall include all employees and agents of the CONTRACTOR.E. "CONTRACTOR Representative" shall mean the identified designee authorized to act on behalfof CONTRACTOR in the management of the Contract.F. "Persona! Information" shall mean information identifiable to any person, including, but not limitedto, information that relates to a person's name, DOH, finances, education, business, use orreceipt of governmental services or other activities, addresses, telephone numbers, socialsecurity numbers, driver license numbers, other identifying numbers, and any financial identifiers.G. "State" shall mean the state of Washington.H. "SUBCONTRACTOR" shall mean one not in the employment of the CONTRACTOR, who isperforming all or part of those services under this Contract under a separate contract with theCONTRACTOR. The terms "SUBCONTRACTOR" and "SUBCONTRACTORS" meanSUBCONTRACTOR(S) in any tier.2. ALLOWABLE COSTSCosts allowable under this Contract are actual expenditures according to the Contract Budget up to themaximum amount stated on the Contract Face Sheet. Staff time reimbursement direct labor cost limitedto 3.0% of contract amount.3. ALL WRITINGS CONTAINED HEREINThis Contract contains all the terms and conditions agreed upon by the parties. No otherunderstandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed toexist or to bind any of the parties hereto.4. AMENDMENTSThis Contract may be amended by mutual agreement of the parties. Such amendments shall not bebinding unless they are in writing and signed by personnel authorized to bind each of the parties.5. AMERICANS WITH DISABILITIES ACT fADAl OF 1990. PUBLIC LAW 101-336. also referred toas the "ADA" 28 CFR Part 35The CONTRACTOR must comply with the ADA, which provides comprehensive civil rights protectionto individuafs with disabilities in the areas of employment, public accommodations, state and localgovernment services, and telecommunications.6. ASSIGNMENTNeither this Contract, nor any claim affecting the Contract terms and conditions may be transferred orassigned by the CONTRACTOR without prior written consent of DOH.7. ATTORNEYS'FEESUnless expressly permitted by statute or under another provision of the Contract, In the event offitigation or other action brought to enforce Contract terms, each party agrees to bear its ownattorney's fees and costs.Contract # GVL24702 Page 4 of 12Page 31 of 189 GENERAL TERMS AND CONDITIONSCAPITALSTATE FUNDS8. CODE REQUIREMENTSAll construction and rehabilitation projects must satisfy the requirements of applicable local, state, andfederal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with theAmericans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the localbuilding Department.9. CONFORMANCEif any provision of this contract violates any statute or rule of law of the state of Washington, it isconsidered modified to conform to that statute or rule of law.10. CONFLICT OF INTERESTNotwithstanding any determination by the Executive Ethics Board or other tribunal, DOH may, in itssole discretion, by written notice to the CONTRACTOR, terminate this Contract if it is found after duenotice and examination by DOH that there is a vioiation of the Ethics in Public Service Act, Chapters42.52 ROW, 42.23 ROW; or any similar statute involving the CONTRACTOR in the procurement of,or performance under this contract.11. DISALLOWED COSTSThe CONTRACTOR is responsible for any audit exceptions or disallowed costs incurred by its ownorganization or that of its SUBCONTRACTORS.12. DISPUTESExcept as otherwise provided in this Contract, when a dispute arises between the parties and itcannot be resolved by direct negotiation, either party may request a dispute hearing with the DONDirector of the Office of Drinking Water (Director), who may designate a neutral person to decide thedispute. The parties will be equalty responsible for any reasonable costs incurred by the neutral.The request for a dispute hearing must:• be in writing;• state the disputed issues;• state the relative positions of the parties;• state the requesting party's name, address, and Contract number; and• be mailed to the other party's (respondent's) Representative within three (3) working daysafter the parties agree that they cannot resolve the dispute.The respondent shall send a written answer to the requester's statement to both the Director or theDirector's designee and the requester within five (5) working days.The Director or designee shall review the written statements and reply in writing to both parties withinten (10) working days. The Director or designee may extend this period if necessary by notifying theparties.The decision shall not be admissibie in any succeeding judicial or quasi-judicial proceeding.The parties agree that this dispute process shall precede any action in a judicial or quasi-judicialtribunal.Nothing in this Contract is intended to limit the parties' choice of a mutually acceptable alternatedispute resolution (ADR) method as an alternative to or in addition to the dispute hearing procedureoutlined above.13. DUPLICATE PAYMENTThe CONTRACTOR certifies that work to be performed under this Contract does not duplicate anywork to be charged against any other contract, subcontract, or other source.Contract # GVL24702 Page 5 of 12Page 32 of 189 GENERAL TERMS AND CONDITIONSCAPITALSTATE FUNDS14. GOVERNING LAW AND VENUEThis Contract shall be construed and interpreted in accordance with the laws of the state ofWashington, and the venue of any action brought hereunder shaif be in the Superior Court forThurston County.15. INDEMNIFICATIONCONTRACTOR agrees to defend, indemnify, and hold harmless DOH and the state of Washingtonfor claims arising out of or incident to CONTRACTOR'S or CONTRACTOR'S SUBCONTRACTOR'Sacts or emissions in the performance of the Contract. CONTRACTOR'S obligation to defend,indemnify, and hold harmless DOH and the state of Washington shall not be eliminated or reduced byany actual or alleged concurrent negligence of the state of Washington and DOH, including theiragents, agencies, employees and officials. CONTRACTOR'S obligation to defend, indemnify, andhold harmless DOH and the state of Washington includes any claim by CONTRACTOR'S agents,employees, officers, SUBCONTRACTORS, or SUBCONTRACTORS' employees.The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to defend,indemnify, and hold harmless the state and its agencies, officers, agents or employees.16. INDEPENDENT CAPACITY OF THE CONTRACTORThe parties intend that an independent CONTRACTOR relationship will be created by this Contract.The CONTRACTOR and its employees, agents, or SUBCONTRACTORS performing under thisContract are not employees or agents of the state of Washington or DOH. The CONTRACTOR maynot hold itself out as or claim to be an officer or employee of DOH or of the state of Washington byreason hereof, nor may the CONTRACTOR make any claim of right, privilege or benefit which wouldaccrue to such officer or employee under law. Conduct and control of the work will be solely with theCONTRACTOR.17. INDUSTRIAL INSURANCE COVERAGEThe CONTRACTOR must comply with all applicable provisions of Title 51 RCW, Industrial insurance.If the CONTRACTOR fails to provide industrial insurance coverage or fails to pay premiums orpenalties on behalf of its employees as may be required by law, DON may collect from theCONTRACTOR the full amount payable to the Industrial Insurance Accident Fund. DON may deductthe amount owed by the CONTRACTOR to the accident fund from the amount payable to theCONTRACTOR by DOH under this Contract, and transmit the deducted amount to the Department ofLabor and Industries, (L&l) Division of Insurance Services. This provision does not waive any of L&l'srights to coliect from the CONTRACTOR.18. LAWSThe CONTRACTOR shall comply with al! applicable laws, ordinances, codes, regulations and policiesof locai, state, and federal governments, as now or hereafter amended. Ail construction projects mustbe bid and awarded per RCW 39.04.19. LICENSING, ACCREDITATION AND REGISTRATIONThe CONTRACTOR shall comply with all applicable local, state, and federal licensing, accreditationand registration requirements or standards necessary for the performance of this Contract.20. LIMITATION OF AUTHORITYOnly a party's Representative or the Representative's designee (designation to be made in writingprior to action) shail have the express, implied, or apparent authority to communicate with the otherparty regarding performance of the Contract. Changes to the Contract must be done by writtenamendment.21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWSDuring the performance of this Contract, the CONTRACTOR shall comply with all federal, state, andlocal nondiscrimination laws, reguiations and policies. In the event of the CONTRACTOR'S non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract mayContract # GVL24702 Page 6 of 12Page 33 of 189 GENERAL TERMS AND CONDITIONSCAPITALSTATE FUNDSbe rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declaredineligible for further contracts with DOH. The CONTFiACTOR shall, however, be given a reasonabletime in which to cure this noncompliance. Any dispute may be resolved in accordance with the"Disputes" procedure set forth herein.22. PREVAILING WAGE LAWThe CONTRACTOR certifies that all CONTRACTORS and SUBCONTRACTORS performing work onthe Project shail comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, asapplicable to the Project funded by this contract, including but not limited to the filing of the"Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required byRCW 39.12.040. The CONTRACTOR shall maintain records sufficient to evidence compliance withChapter 39.12 RCW, and shall make such records available for DOH's review upon request.23. PROHIBITION AGAINST PAYMENT OF BONUS OR COIVIMISSIONThe funds provided under this Contract shall not be used in payment of any bonus or commission forthe purpose of obtaining approval of the application for such funds or any other approval orconcurrence under this Contract provided, however, that reasonable fees or bona fide technicalconsultant, managerial, or other such services, other than actual solicitation, are not prohibited ifotherwise eligible as project costs.24. PUBLICITYThe CONTRACTOR agrees not to publish or use any advertising or publicity materials In which thestate of Washington or DOH's name is mentioned, or language used from which the connection withthe state of Washington's or DOH's name may reasonably be inferred or implied, without the priorwritten consent of DON.25. RECAPTUREIn the event that the CONTRACTOR fails to perform this contract in accordance with state laws,federal !aws, and/or the provisions of this contract, DOH reserves the right to recapture funds in anamount to compensate DON for the noncompliance in addition to any other remedies available at lawor in equity.Repayment by the CONTRACTOR of funds under this recapture provision shall occur within the timeperiod specified by DOH. In the alternative, DOH may recapture such funds from payments dueunder this Contract.26. RECORDS MAINTENANCEThe CONTRACTOR must maintain books, records, documents, data and other evidence relating tothis contract and performance of the services described herein, including but not limited to accountingprocedures and practices that sufficiently and properly reflect all direct and indirect costs of anynature expended In the performance of this Contract.CONTRACTOR will retain such records for a period of six (6) years following the date of finalpayment.If any litigation, ciaim or audit is started before the expiration of the six (6) year period, the recordsshall be retained unti! all litigation, claims, or audit findings involving the records have been resolved.27. REGISTRATION WITH DEPARTMENT OF REVENUEIf required by law, the CONTRACTOR will complete registration with the Washington StateDepartment of Revenue.28. RIGHT OF INSPECTIONAt no additional cost, all records works relating to the CONTRACTOR'S performance under thisContract shall be subject at all reasonable times to inspection, review, and audit by DOH, the Officeof the State Auditor, and federal and state officials so authorized by law, in order to monitor andevaluate performance, compliance, and quality assurance under this Contract. The CONTRACTORshall provide access to its facilities for this purpose.Contract # GVL24702 Page 7 of 12Page 34 of 189 GENERAL TERMS AND CONDITIONSCAPITALSTATE FUNDS29. SAVINGSIn the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any wayafter the effective date of this Contract and prior to normal completion, DOH may suspend orterminate the Contract under the "Termination for Convenience" clause, without the ten (10) businessday notice requirement, in lieu of termination, the Contract may be amended to reflect the newfunding limitations and conditions.30. SEVERABILITYThe provisions of this contract are intended to be severabie. if any term or provision is illegal orinvalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of theremainder of the contract.31. SUBCONTRACTINGThe CONTRACTOR shali maintain written procedures related to subcontracting, as well as copies ofall subcontracts and records related to subcontracts. For cause. DOH in writing may: (a) require theCONTRACTOR to amend its subcontracting procedures as they relate to this Contract; (b) prohibitthe CONTRACTOR from subcontracting with a particular person or entity; or (c) require theCONTRACTOR to rescind or amend a subcontract.Every subcontract shaf! bind the SUBCONTRACTOR to follow al! applicable terms of this Contract.The CONTRACTOR is responsible to DOH if the SUBCONTRACTOR fails to comply with anyapplicable term or condition of this Contract. The CONTRACTOR shall appropriately monitor theactivities of the SUBCONTRACTOR to assure conformity with the Scope of Work and Budget. In noevent shall the existence of a subcontract operate to release or reduce the liability of theCONTRACTOR to DOH for any breach in the performance of the CONTRACTOR'S duties.Every subcontract entered into by CONTRACTOR must include a term that the state of Washingtonand DOH are not liable for claims or damages arising from CONTRACTOR'S orSUBCONTRACTOR'S performance or omissions.32. SURVIVALThe terms, conditions, and warranties contained in this Contract that by their sense and context areintended to survive the completion of the performance, cancellation or termination of this Contractshall so survive.33. TAXESAil payments accrued on account of payroll taxes, unemployment contributions, the CONTRACTOR'Sincome or gross receipts, any other taxes, insurance or expenses for the CONTRACTOR or its staffshal! be the sole responsibility of the CONTRACTOR.34. TERMINATION FOR CAUSEIn the event DOH determines the CONTRACTOR has failed to comply with any material term orcondition of this Contract in a timely manner, DOH may suspend or terminate this Contract. Beforesuspending or terminating the Contract, DOH shall notify the CONTRACTOR in writing of the need totake corrective action. If corrective action is not taken within the time period stated in the DOH notice,which shall be no less than twenty (20) calendar days in the absence of good cause for a lesserperiod, the Contract may be terminated or suspended.DOH reserves the right to suspend all or part of the contract, withhold further payments, or prohibitthe CONTRACTOR from incurring additional obligations of funds during investigation of the allegedcompliance breach and pending corrective action by the CONTRACTOR or a decision by DOH toterminate the contract.35. TERMINATION PROCEDURESThe rights and remedies of DON provided in this section shall not be exclusive and are in addition toany other rights and remedies provided by law or under this contract.Contract # GVL24702 Page 8 of 12Page 35 of 189 GENERAL TERMS AND CONDITIONSCAPITALSTATE FUNDSAfter receipt of a notice of termination, and except as otherwise directed by the DOH Representative,the CONTRACTOR shall:1. Stop work under the contract on the date, and to the extent specified, in the notice;2. Place no further orders or subcontracts for materials, services, or facilities except as may benecessary for completion of such portion of the work under the contract that is not terminated;3. Assign to DOH, in the manner, at the times, and to the extent directed by the DOH Representative,all of the rights, title, and interest of the CONTRACTOR under the orders and subcontracts soterminated, in which case DOH has the right, at its discretion, to settle or pay any or al! claimsarising out of the termination of such orders and subcontracts;4. Settle all outstanding liabilities and all claims arising out of such termination of orders andsubcontracts, with the approval or ratification of the DOH Representative to the extent the DONRepresentative may require, which approval or ratification shall be final for all the purposes of thisciause;5. Transfer title to DOH and deliver in the manner, at the times, and to the extent directed by the DOHRepresentative any property which, if the contract had been completed, would have been requiredto be furnished to DOH;6. Complete performance of such part of the work as shall not have been terminated by the DOHRepresentative; and7. TaRe such action as may be necessary, or as the DOH Representative may direct, for the protectionand preservation of the property related to this contract, which is in the possession of theCONTRACTOR and in which DOH has or may acquire an interest.36. WAIVERWaiver of any default or breach shall not be deemed to be a waiver of any subsequent default orbreach. Any waiver shall not be construed to be a modification of the terms of this Contract unlessstated to be such in writing and signed by Authorized Representative of DOH.Contract # GVL24702 Page 9 of 12Page 36 of 189 Attachment ASCOPE OF WORK2019 Consolidation Feasibility GrantProject Title: Port Orchard-McCormick Woods Consolidation Feasibility Study,2019-3712PURPOSE:The purpose of this grant is to fund a study for consolidation of McCormickWoods'swater system (PWS1D 40529) with Port Orchard.Backaroynd/GeneraUnformation:The City of Port Orchard purchased the McCormick Woods Water System in 1998 andhas been operating it as a satellite water system. Providing increased resiiiency as wellas redundancy to the McCormick Woods Water System is of utmost importance to theCity of Port Orchard.The central objectives of the project are to review the current situation and determinethe various opportunities to intertie the two systems. Once this has been accomplished,analyses of those opportunities and estimated costs associated with each shall beprovided to the City of Port Orchard. This intertie will give both water systems anincreased ability to withstand and recover from natural and man-made disturbances totheir functioning. This grant will fund a preliminary engineering report for Port Orchardto consider intertie options.Funding for this project will not be used for any construction or grounddisturbing activities.Contract Administratipn:The funding in this grant is to fund a study for consolidation of McCormick Woods'swater system (PWSID 40529) with Port Orchard.Contract # GVL24702 Page 10 of 12Page 37 of 189 Attachment AThe project's scope of work is comprised of the following activities:TASK/ACTIVITY:Task 1: PreliminaryEngineering Report. Tasksinclude assessing existinginfrastructure, intertieoptions, cost estimates, andfunding opportunities.PAYMENT:DELIVERABLES:Preliminary engineering report thatincludes assessment of existinginfrastructure, identification ofintertieoptions, cost estimate of intertie options,and funding opportunities for proposedimprovements. Report to be reviewedand approved by Southwest RegionaiOffice of Drinking Water staff.Submit quarterly reports to EioiseRudolph. The quarterly progress reportsshould document projectaccomplishments, existing and potentialproblem areas, suggestions forimprovements, and any desiredoutcomes achieved. Reports should bea few paragraphs long with sufficientdetail for DOH to understand the relativeprogress of the project since the lastreporting period. The last quarterlyreport serves as the final report andshould include summary informationabout the project.Quarterly reports are due the lastworking day of each quarter.ESTIMATED DUEDATE:March 31, 2021DOH will provide reimbursement to Port Orchard based on approval ofquarterly reports and required deliverables. Port Orchard will providean hourly accounting of time spent for each task in support of invoice.The contractor is responsible for tracking ail project expenditures asrelated to this contract, and for maintaining these records.DOH will withhold 10 percent of the total funding amount ($3,000) untilthe project is successfully completed and all deliverables are receivedand approved by DOH.Total Consideration for this contract not to exceed: $30,000.00Contract # GVL24702Page 11 of 12Page 38 of 189 Attachment BBudget Project Cost by Cost Category:COST CATEGORYEngineering Report (Preliminary Engineering)Environmental ReviewHistorical Review/Cultural ReviewLand/ROW AcquisitionPermitsPublic Involvement/lnformationFeasibility StudyDOH Review/Approva! Fees:Other: (Sales or Use Taxes)Construction Engineering/lnspectionTOTAL ESTIMATED PROJECT COSTSCURRENT ESTIMATES$20,000$10,000$30,000The project will be considered complete when all the activities identified in the above scope ofwork are complete.Project Performance Measures:• Preliminary engineering report with Southwest Regional Office of Drinking WaterapprovalProject End Date: All deliverabtes needs to be submitted by May 1. 2021 for review andapproval. Work performed after June 30, 2021 is not eligible for reimbursement.Contract # GVL24702Page 12 of 12Page 39 of 189 JANPage 40 of 189 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4E Meeting Date: October 13, 2020 Subject: Approval of a Contract with Lakewood Police Prepared by: M. Brown Department for Facility Use of the City’s Chief of Police Firearms Range Atty Routing No.: N/A Atty Review Date: N/A Summary: Attached is the firearms range ILA with the Lakewood Police Department. This agreement is identical to the current ILA with the Kitsap County Sheriff’s Office. The daily usage fee is $65; LPD may also supply staff to instruct police officers in a variety of topics in lieu of the daily usage fee. The range is a tertiary facility for the Lakewood Police Department and will be used minimally when other ranges are occupied. This ILA permits use of the firearms range by a regional partner and increases the ability of the Port Orchard Police Department to train in its mandated core competencies. Recommendation: Staff recommends the Council authorize the Mayor to sign the Facility Usage Agreement with the Lakewood Police Department. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to authorize the Mayor to execute an Interlocal Agreement with the Lakewood Police Department regarding the Facility Use of the Firearms Range. Fiscal Impact: None. Alternatives: Do not approve the ILA and provide alternative guidance. Attachments: Facility Use Agreement Range Firearms Testing ILA with the Lakewood Police Department. Page 41 of 189 LAKEWOOD CONTRACT NO. 2020-231 Facilities Use Agreement – Range Page 1 of 4 Contract No. 077-20 FACILITY USE AGREEMENT (Range – Firearms Training) THIS FACILITY USE AGREEMENT (“Agreement”) is made and entered into by the CITY OF PORT ORCHARD and the LAKEWOOD POLICE DEPARTMENT (“Renter”) for use by the Renter of the Port Orchard Firearms Range located at 1278 Lloyd Parkway, Port Orchard, Washington, on the following terms and conditions: 1. TERM. This Agreement shall become effective on November 30, 2020, and end on December 31, 2020. This Agreement shall automatically renew on a calendar year basis unless written notice of termination is given by either party by the proceeding November 30th of any such year. This Agreement may be executed in counter-parts. 2. USE OF THE RANGE. During the Term of this Agreement, Renter shall be entitled to use the Firing Range at such times and on such dates as are mutually agreed by the parties. Days of use shall be scheduled at least thirty (30) days in advance and will be accommodated on a first scheduled basis. Requests made with less than thirty (30) days notice shall be accommodated when possible. Use by the City of Port Orchard shall have priority over any requested use by the Renter. Range hours will be set by the City of Port Orchard or its authorized agent and must be adhered to by renting agencies. Range hours shall be identified by the City of Port Orchard at the time the Renter’s schedule is approved. Use of the firing range shall include general lighting, restrooms and custodial services for the firing range. The City of Port Orchard shall make the key to the firing range available to the Renter prior to the start of the use. 3. RENTAL RATE. The rate for use of the firing range shall be $65 per day payable to the City of Port Orchard. A day shall mean ten (10) hours. In lieu of monetary payment, the Renter may provide supplies, services, and/or manpower of equivalent value if mutually agreeable by the parties. Renter shall submit to the City of Port Orchard Treasurer invoices, receipts, or other documentation for verification that equivalent value has been provided. The City of Port Orchard reserves the right to increase the rental rate at any time upon 45 days prior written notice to the Renter. 4. EXPENSES. Renter shall supply all weapons, ammunition, targets, and other supplies used in the target exercise. 5. RANGE SUPERVISION. Renter shall provide and require the presence of a Department-approved firearms instructor at all times during which the Renter’s personnel are using the premises. To assure safe operations, the range officer shall have full authority and responsibility to direct the activities of those using the range and shall halt any activity found to be unduly hazardous. Posted range rules shall be adhered to at all times. A copy of the current range rules is attached. The City of Port Orchard reserves the right to modify the range rules at any time with 30 days prior notice the Renter. Page 42 of 189 LAKEWOOD CONTRACT NO. 2020-231 Facilities Use Agreement – Range Page 2 of 4 6. MAINTENANCE AND REPAIR. The City of Port Orchard shall, unless herein specified to the contrary, maintain the premises in good repair and condition during the continuance of this Agreement, except in case of damage arising from the sole negligence of the Renter’s agents or employees. For the purposes of maintaining the premises, the City of Port Orchard reserves the right, at reasonable times, to enter and inspect the premises and to make necessary repairs to the building. The City of Port Orchard agrees to maintain the firing range in compliance with federal, state, and local laws, and applicable Occupational Health and Safety Administration (OSHA) standard. Renter shall clean up all garbage and debris after use, excluding shell casings and lead. 7. INSURANCE. For the duration of the Agreement, Renter shall maintain a self- insurance fund or equivalent insurance against claims for injuries to persons or damage to property which may arise from or in connection with the use of the Premises. The fund or insurance shall provide general liability coverage of no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Renter’s insurance coverage shall be primary insurance with respect to the City of Port Orchard. Any insurance, self-insurance, or insurance pool coverage maintained by the City of Port Orchard shall be excess of the Renter’s insurance and shall not contribute to it. Renter shall provide a certificate of insurance evidencing the required insurance before using the Premises. 8. ATTORNEY’S FEES. In any action brought to enforce any provision of this Agreement, the prevailing party shall be entitled to recover from the other party all reasonable costs and reasonable attorney’s fees incurred. 9. TERMINATION. This Agreement may be terminated by either party, without cause, by giving written notice of not less than thirty (30) days prior to the effective date of termination. 10. NO JOINT VENTURE. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture, or other joint enterprise between the Parties. 11. NO THIRD-PARTY BENEFICIARY. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. 12. INDEMNIFICATION/HOLD HARMLESS. Renter shall defend, indemnify, and hold harmless the City of Port Orchard, its officers, officials, employees, and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the Renter’s use of the firing range, except only for injury, death, loss or damage to property caused by the sole negligence of the City of Port Orchard, or its officers, officials, employees, or volunteers. Page 43 of 189 LAKEWOOD CONTRACT NO. 2020-231 Facilities Use Agreement – Range Page 3 of 4 IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. Dated this ____ day of _________, 2020 Dated this 7th day of October, 2020 CITY OF PORT ORCHARD CITY OF LAKEWOOD BY: _____________________________ BY: _____ ________________________ Rob Putaansuu, Mayor John J. Caulfield, City Manager ATTEST: ATTEST: _________________________________ __________________________________ Brandy Rinearson, City Clerk Briana Schumacher, City Clerk DEPARTMENTAL APPROVAL: DEPARTMENTAL APPROVAL: _________________________________ ___________________________________ Matthew Brown, Chief of Police Mike Zaro, Chief of Police APPROVED AS TO FORM: APPROVED AS TO FORM: _________________________________ ___________________________________ Charlotte Archer, City Attorney Heidi Ann Wachter, City Attorney Page 44 of 189 LAKEWOOD CONTRACT NO. 2020-231 Facilities Use Agreement – Range Page 4 of 4 APPENDIX A FIRING RANGE RULES Page 45 of 189 City of Port Orchard Council Meeting Minutes Work Study Session Meeting of September 15, 2020 CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the Deputy City Clerk as follows: Councilmember Ashby Present via Remote Access Councilmember Chang Present via Remote Access Councilmember Clauson Present via Remote Access Councilmember Cucciardi Present via Remote Access Councilmember Diener Present via Remote Access Councilmember Lucarelli Present via Remote Access Mayor Pro-Tem Rosapepe Present via Remote Access Mayor Putaansuu Present via Remote Access Staff present via Remote Access: Community Development Director Bond and Deputy City Clerk Floyd. Mayor Putaansuu said Pursuant to the Governor’s “Stay Home - Stay Safe” Order, the City will conduct the meeting through Zoom. Pledge of Allegiance Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 1. Shoreline Master Plan Program Periodic Update-Climate Change/Sea Level Rise Analysis and Recommendations Development Director Bond said we are required to complete a Shoreline Master Program Update by July 1, 2021. One of the requirements for this cycle is we need to look at climate change and sea level rise as part of the shoreline regulations for the City. We piggybacked on a study from Kitsap County on climate resiliency that was started a year and a half ago. Andrea MacLennan, Herrera Environmental Consultants, gave a presentation on Sea Level Rise and the City of Port Orchard which included identifying the areas most affected in the downtown area, evaluating current flood hazards, identifying vulnerable infrastructure, reviewing current code, providing recommendations for code revisions and additional regulations, and providing recommendations for next steps and future management of these hazards. Page 46 of 189 Minutes of September 15, 2020 Page 2 of 3 Discussions were held regarding the presentation and clarification on the projected numbers. Council Direction: No direction was given. 2. Multi-Family Property Tax Exemption Requirements-Chapter 3.48 Community Development Director Bond noted we should be close to taking action to amend Chapter 3.48 of the Port Orchard Municipal Code. We have been working with the Land Use Committee trying to find a better approach. When we give a 12-year tax exemption, we want to make sure we are getting affordable housing that is significantly below market rate, but we also wanted to look at the 8-year exemption. We had a request a couple years ago from a developer that asked for their property to be included on the 8-year map, but we did not have a process or criteria for determining who should, and who should not, get an exemption. Part of this amendment is to look at the 8-year exemption and when it should be granted and what conditions should be attached. The approach we came up with is to break tax exemptions into 3 different types: Type 1 provides 12- year exemptions for affordable housing in centers and for other selected properties; Type 2 is an 8- year exemption to encourage redevelopment with very few strings attached, and recognizes the relatively higher cost of redevelopment as compared to greenfield development; and Type 3 is an 8- year exemption for what would generally be characterized as greenfield development, where the City only provides the incentive if certain performance standards are met. Discussion was held regarding the different types of tax exemptions, incentives for McCormick, availability for properties currently within comprehensive plan designated centers, and eligibility for multi-tax exemption. Council Direction: Remove McCormick from the Type 3 exemption and bring forward for adoption at next week’s council meeting. 3. Request for the City to Accept Landis Court SW as a Public Road Community Development Director Bond explained the plat at McCormick Meadows includes 198 homeowners. For them to amend their plat, it would require all of them to agree, which they currently do not. When the subdivision came forward for final plat, they realized there was a condition of approval that said the radius on Landis Court had to have a certain curvature in the roadway. This curve was a little sharper that what was required so they were told we would not accept the road as public. They removed the public dedication from their final plat drawing but did not convey the road to the homeowner’s association. Neither the HOA nor the developer believes they have ownership interest. The HOA is having a problem because the whole development does not want to pay for the road and they do not have the ability to collect money for ongoing maintenance of the road. Page 47 of 189 Minutes of September 15, 2020 Page 3 of 3 The original developer does not have an issue signing a quick claim deed releasing any interest as he has no interest in the road. The HOA is also willing to quick claim deed over to the City, but we would have to agree to accept it. Discussion was held regarding condition of the road and overlay, parking signs, support from the Fire Department and Public Works/Engineering department and snow maintenance. Council Direction: Reach out to the HOA and let them know we are willing to accept it. The City will draw up the quick claim deeds, figure out how much signage will cost and they will nee d to overlay the roadway. The City will then bring forward an agreement in a month or two. 4. Discussion: CARES Funding Mayor Putaansuu spoke to the CARES funding and noted we will be back out for another round of small business grants. He spoke to the Economic Development Committee and there was a desire to open the grant application period one more time for the rent relief program. Discussion was held regarding funding including a utility assistance program, additional laptops, updating phone system, workspace modifications, small business grants, mobile hot spots , temporary employees for cleaning of City facilities and assets, and rental assistance. Council Direction: No direction was given. ADJOURNMENT The meeting adjourned at 7:51 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 48 of 189 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Public Hearing 6A Meeting Date: October 13, 2020 Subject: Adoption of an Ordinance Proposing Prepared by: Nick Bond, AICP Revisions to Port Orchard Municipal DCD Director Code Chapter 3.48 Multifamily Property Atty Routing No.: N/A Tax Exemption Atty Review Date: N/A Summary: In June 2016, the City adopted Chapter 3.48 POMC (Multifamily Property Tax Exemption), Ord. 023-16, to encourage the development of additional multifamily housing, including affordable housing units, and to encourage the redevelopment and revitalization of targeted neighborhoods within the City’s designated Centers. At the City Council’s direction, in 2020 the Land Use Committee has worked with staff to propose revised standards for the City’s multifamily tax exemption (MFTE) framework to provide more stringent requirements for affordability, public benefit, and long-term City revenues, as summarized below: 1. Type 1 tax exemption provides 12-year exemptions for affordable housing in centers and for other selected properties, and provides additional standards to be met. It also requires that the affordable units be significantly more affordable than is currently required. 2. Type 2 tax exemption is an 8-year exemption to encourage redevelopment with very few strings attached, and recognizes the relatively higher cost of redevelopment as compared to greenfield development. The City can designate sites that it would like to encourage for redevelopment on this map. Sites with abandoned buildings, underutilized buildings, or sites where improvement to land value ratios are at least 2:1 are included. 3. Type 3 tax exemption is an 8-year exemption for what would generally be characterized as greenfield development, where the City only provides the incentive if certain performance standards are met. Examples of these performance standards include structured parking instead of surface parking, constructing mixed use buildings as part of a proposed project, or purchasing additional height through the City’s transfer of development rights (TDR) program and building taller buildings with higher assessed valuations. With this approach, the City is seeking win-win projects where the incentive results in higher value projects than would otherwise be constructed, in the absence of an incentive resulting in increased long-term revenues for the City. The proposed revisions also clarify that in order to be eligible for MFTE, a property must either be in a center as designated in the Comprehensive Plan, or it must have been designated on Figure 1: Alternative 1 in the original 2016 MFTE ordinance. Going forward, if any other properties are proposed for MFTE, either the Comprehensive Plan center boundaries would have to be amended before the City Council amends the MFTE maps, or the City Council would have to amend the MFTE criteria in this Page 49 of 189 Public Hearing 6A Page 2 of 3 ordinance to remove the requirement that MFTE only be offered in centers as designated in the Comprehensive Plan. The City Council reviewed the proposed revisions at the Council’s September 15 work-study meeting, and directed staff to bring an ordinance to the full Council for a public hearing and approval. Recommendation: Staff recommends that the City Council hold a public hearing on the ordinance amending POMC Chapter 3.48. Relationship to Comprehensive Plan: The City’s multifamily tax exemption program supports a number of Comprehensive Plan goals and policies, including: Policy LU-1 Provide a variety of housing types and employment opportunities that meet the needs of diverse socioeconomic interests. Policy LU-17 Incentivize infill development to preserve and protect open space, critical areas and natural resources. Policy LU-28 In conjunction with the proposed Centers strategy, enhance downtown Port Orchard’s role as the center of the South Kitsap region, reflecting the following principles in development standards and land use plans: • Encourage land uses that support transit centers and promote pedestrian activity. • Promote a mix of uses, including retail, office, and housing. • Encourage uses that will provide both daytime and evening activities. • Support civic, cultural, and entertainment activities. • Provide sufficient public open space and recreational opportunities. • Enhance, and provide access to, the waterfront. • Develop enhanced design guidelines and design review requirements that promote attractive, pedestrian-scale development and redevelopment within the City’s historic downtown area. Policy CN-1 Prioritize the City’s residential, commerical and light industrial growth and infrastructure investments within designated Centers, in accordance with VISION 2040 and the Countywide Planning Policies. Policy CN-2 Balance objectives for accommodating growth, encouraging compatibility, promoting housing affordability, and offering a wide range of housing types. Policy CN-10 The City should support employment growth, the increased use of non-automobile transportation options, and the preservation of the character of existing built-up areas by encouraging residential and mixed-use development at increased densities in designated Centers. Policy CN-11 The City shall ensure that higher density development in Centers is either within walking or biking distance of jobs, schools, and parks or is well-served by public transit. Page 50 of 189 Public Hearing 6A Page 3 of 3 Policy HS-4 Adopt zoning and development regulations that will have the effect of minimizing housing costs and maximizing housing options. Policy HS-7 Consider the creation of zoning and other land use incentives for the private construction of affordable and special needs housing as a percentage of units in multi-family development. Policy HS-8 Consider adopting incentives for development of affordable multi-family homes through property tax abatement in accordance with 84.14 RCW, focusing on designated mixed-use local centers with identified needs for residential infill and redevelopment. Policy HS-14 Implement zoning and development regulations which encourage infill housing on empty and redevelopable parcels. Policy HS-1 Consider programs to preserve or rehabilitate neighborhoods and areas that are showing signs of deterioration due to lack of maintenance or abandonment. Ruby Creek Subarea Plan Goal LU-1 Accommodate enough residential development in the Ruby Creek Countywide Center to ensure a thriving business district. Ruby Creek Subarea Plan Policy LU-1: Allowed uses, building types, and height limits should accommodate at least 1,800 residents in the Ruby Creek Countywide Center. Ruby Creek Subarea Plan Goal H-2: Provide housing serving a mix of income levels that may be owner occupied or rental housing. Ruby Creek Subarea Plan Policy H-2: Offer 12-year multifamily tax exemptions throughout the center in support of affordable housing. Fiscal Impact: N/A Alternatives: Do not approve the ordinance; direct staff to make changes to the ordinance. Attachments: Ordinance; Redline Revisions to Chapter 3.48. Page 51 of 189 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 3.48 (MULTIFAMILY PROPERTY TAX EXEMPTION) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on July 26, 2016, the City Council adopted Ordinance No. 023-16, which created Chapter 3.48 of the Port Orchard Municipal Code (Multifamily Property Tax Exemption); and WHEREAS, POMC Section 3.48.030(3) provides that the City Council may amend the designated residential targeted areas; and WHEREAS, on January 15, 2019, the City Council adopted Ordinance No. 003-19, which amended POMC Chapter 3.48; and WHEREAS, the City Council wishes to encourage increased residential opportunities, including affordable housing units, within those areas of the city designated as residential targeted areas in Figure 1: Alternative 1 in POMC 3.48, and in those areas of the city designated as centers in the City’s Comprehensive Plan; and WHEREAS, the City Council wishes to further the City's goals of redevelopment and additional, affordable residential units within the City's downtown area, which is likely to have higher costs for development and redevelopment due to the nature of building below- grade parking and building on shoreline fill; and WHEREAS, the City Council wishes to stimulate rehabilitation and redevelopment of existing vacant and underutilized buildings and properties for multifamily housing in designated residential targeted areas and centers, to increase and improve housing opportunities, including affordable housing; and WHEREAS, the City Council wishes to amend the requirements for 12-year tax exemptions to increase the standards to be met and to obtain a greater percentage of housing that is more affordable than currently required, in order to maximize public benefit; and WHEREAS, the City Council wishes to amend the requirements for 8-year tax exemptions to require that certain performance and project value standards are met, in order to maximize public benefit; and Page 52 of 189 Ordinance No. ___ Page 2 of 18 WHEREAS, on July 6, 2020, the City Council’s Land Use Committee reviewed the amendments to Chapter POMC 3.48, and recommended that they be forwarded to the full City Council for review and approval; and WHEREAS, on July 8, 2020, the City submitted the proposed amendments to POMC Chapter 3.48 to the Department of Commerce along with a 60-day request for review; and WHEREAS, on July 17, 2020, the City’s SEPA official issued a determination of non- significance for the proposed amendments to POMC Chapter 3.48, and there have been no appeals; and WHEREAS, on September 15, 2020, the City Council reviewed the amendments at its work-study meeting, and directed staff to bring the amendments forward for Council adoption with certain changes; and WHEREAS, the City Council, after careful consideration of the recommendation from the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent with the City’s Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and incorporated as findings in support of this Ordinance. SECTION 2. Chapter 3.48 of the Port Orchard Municipal Code is hereby amended to read as follows: Sections: 3.48.010 Purpose. 3.48.020 Definitions. 3.48.030 Residential targeted areas – Criteria – Designation. 3.48.040 Residential targeted areas – Types 1 through 3 3.48.040 Terms of the tax exemption. 3.48.050 Project eligibility. 3.48.060 Application procedure. Page 53 of 189 Ordinance No. ___ Page 3 of 18 3.48.070 Application review – Issuance of conditional certificate – Denial – Appeal. 3.48.080 Extension of conditional certificate. 3.48.090 Application for final certificate. 3.48.100 Issuance of final certificate. 3.48.110 Annual compliance review – Reporting. 3.48.120 Cancellation of tax exemption. 3.48.130 Conflict of provisions. 3.48.010 Purpose. As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited exemptions from ad valorem property taxation for multifamily housing in designated residential targeted areas to: (1) Encourage increased residential opportunities, including affordable housing units, within areas of the city designated by the city council as residential targeted areas; and/or (2) Stimulate new construction or rehabilitation of existing vacant and underutilized buildings for multifamily housing in designated residential targeted areas to increase and improve housing opportunities, including affordable housing; and (3) Accomplish the planning goals required under the Growth Management Act, Chapter 36.70A RCW, as implemented by the city’s comprehensive plan. 3.48.020 Definitions. When used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise: (1) “Affordable housing” means the definition provided for in RCW 84.14.010. (2) “Department” means the city department of community development. (3) “Director” means the director of the department of community development, or designee. (4) “Fair market rent” means the federal department of housing and urban development’s estimate of what a household seeking a modest rental home in a short amount of time can expect to pay for rent and utilities in the current market, as updated annually. (5) “Household” means the definition provided for in RCW 84.14.010. (6) “Median family income” means the median family income for the Bremerton-Silverdale Metropolitan Statistical Area, as calculated by the federal department of housing and urban development and updated annually. Page 54 of 189 Ordinance No. ___ Page 4 of 18 (7) “Mixed-use development” means a mix of residential and commercial development, either in the same building or in separate buildings on a site, and involving one or more building types, as permitted by the city’s comprehensive plan, zoning (including any overlay districts), and design regulations. (8) “Multifamily housing” (for the purposes of this chapter) means a building having 10 or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multifamily units may result from new construction or rehabilitated or conversion of vacant, underutilized, or substandard buildings to multifamily housing. (9) “Owner” means the definition provided for in RCW 84.14.010. (10) “Permanent residential occupancy” means the definition provided for in RCW 84.14.010. (11) “Rehabilitation improvements” means the definition provided for in RCW 84.14.010. (12) “Residential targeted area” means the definition provided for in RCW 84.14.010 and the area(s) that have been so designated by the city council pursuant to this chapter. (13) “Substantial compliance” means the definition provided for in RCW 84.14.010. (14) “Urban center” means the definition provided for in RCW 84.14.010. 3.48.030 Residential targeted areas – Criteria – Designation. (1) Following notice and public hearing as prescribed in RCW 84.14.040 of the city council’s intention of designating a residential targeted area, the city council may, in its sole discretion, designate one or more residential targeted areas. Each residential targeted area must meet the following criteria, as determined by the city council: (a) The area is within an urban center as designated in the City’s Comprehensive Plan (as a regional, countywide, or local center), or, was previously designated a residential target area as shown on the map labeled Figure 1: Alternative 1 in Port Orchard Ordinance 023- 16; and (b) The area lacks sufficient available, desirable, and convenient residential housing, including affordable housing, to meet the needs of the public who would be likely to live in the urban center if affordable, desirable, attractive, and livable residences were available; and (c) Providing additional housing opportunities, including affordable housing, in the area will assist in achieving one or more of the purposes of this chapter. Page 55 of 189 Ordinance No. ___ Page 5 of 18 (2) In designating a residential targeted area, the city council may also consider other factors including, but not limited to: (a) Additional housing, including affordable housing units, in the residential targeted area will attract and maintain an increase in the number of permanent residents; (b) An increased permanent residential population in the residential targeted area will help to achieve the planning goals mandated by the Growth Management Act under Chapter 36.70A RCW, as implemented through the city’s current and future comprehensive plans; (c) Encouraging additional housing in the residential targeted area is consistent with public transportation plans; or (d) Additional housing may contribute to revitalization of a distressed neighborhood or area within the city. (3) At any time the city council may, by resolution, and in its sole discretion, amend or rescind the designation of a residential targeted area pursuant to the same procedural requirements as set forth in this chapter for original designation. 3.48.040 Designated residential targeted areas – Types 1 through 3. In accordance with section 3.48.030, the City Council has designated three types of designated residential targeted areas, as provided below and as shown on Figures 1 through 3. The maps in Figures 1 through 3 are provided for planning purposes only, and all development that is proposed to qualify for tax exemption within these areas must meet the criteria of this chapter, as well as all other relevant City standards, including but not limited to: the comprehensive plan, zoning code, building code, public works standards, critical areas regulations and the shoreline master program. The project must also comply with any other standards and guidelines adopted by the city council for the specific residential targeted area. (1) Type 1: Affordable Housing with Transit Access. (a) As shown on Figure 1, the Type 1 residential targeted area is limited to parcels within centers designated in the comprehensive plan that are zoned for multifamily (including mixed use) development within one-half mile of a transit route or ferry terminal. If more than 75% of the buildable portions of the property area are located more than one-half mile from a transit route or ferry terminal, the property is not eligible for inclusion on the Figure 1 map. (b) Residential development in a Type 1 residential targeted area is eligible to be considered for 12-year tax exemption. (c) An affordable housing component is required: Page 56 of 189 Ordinance No. ___ Page 6 of 18 1. A minimum of 20 percent of all residential units in the development shall be rented for at least 10 percent below fair market rent for 12 years, to tenants whose household annual income is: • At or below 40% of median family income, for housing units in congregate residences or small efficiency dwelling units; • At or below 65% of median family income for one-bedroom units; • At or below 75% of median family income for two-bedroom units; and • At or below 80% of median family income for three-bedroom and larger units. 2. If calculations for the minimum 20 percent of the residential units required under 1. of this subsection result in a fraction, then the minimum number of residential units required to meet the affordable housing requirement shall be rounded up to the next whole number. Figure 1: Type 1 Tax Exemption Map Page 57 of 189 Ordinance No. ___ Page 7 of 18 (2) Type 2: Redevelopment Areas. (a) As shown on Figure 2, the Type 2 residential targeted area is limited to parcels within centers designated in the comprehensive plan that are encouraged to redevelop with multifamily or mixed-use development. These include parcels that: (1) have abandoned buildings (vacant or unused for more than two years); (2) underutilized buildings (50% or more vacancy for more than two years); or (3) contain existing structures and improvements with an assessed building value to land ratio of 2:1 or more. (b) Residential development in a Type 2 residential targeted area is eligible to be considered for 8-year tax exemption. (c) No affordable housing component is required. (d) For certain parcels, rezoning may be required for multifamily or mixed-use development. Page 58 of 189 Ordinance No. ___ Page 8 of 18 Figure 2: Type 2 Tax Exemption Map (3) Type 3: Mixed-Use Development with Structured Parking and/or Transfer of Development Rights. (a) As shown on Figure 3, the Type 3 residential targeted area is limited to parcels within centers designated in the comprehensive plan that are zoned for multifamily (including mixed- use) development. (b) Residential development in a Type 3 residential targeted area is eligible to be considered for an 8-year tax exemption. (c) No affordable housing component is required. (d) The proposed development shall include at least one of the following: 1. At least 50% of the required parking for the proposed use(s) shall be located within the footprint of a building containing multifamily units, in a multistory parking structure, and/or below grade; and the project should achieve at least 50 units per net developable acre (excluding critical areas and buffers, and other land that is undevelopable such as shoreline buffers and tidelands). 2. Construct mixed-use shopfront building type development (refer to POMC 20.32) containing non-residential/non-parking garage square footage that measures at least 40% of the total building footprint square footage for all buildings on the development site. The non-residential/non-parking garage square footage may be in one or more buildings on the site. Live-work units shall be considered as non- residential square footage for the purpose of achieving the required 40% minimum, provided that the units are designed as shopfronts along a public street. 3. Purchase one additional story of building height for one or more buildings through the city’s transfer of development rights (TDR) program (refer to POMC 20.41) and construct (a) building(s) that utilizes the additional height allowance. Page 59 of 189 Ordinance No. ___ Page 9 of 18 Figure 3: Type 3 Tax Exemption Map 3.48.050 Terms of the tax exemption. (1) Duration of Exemption. The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation, as follows: (a) For both 8-year and 12-year exemptions, the exemption begins on January 1st of the year immediately following the calendar year of issuance of the tax exemption certificate. (b) For 12-year exemptions, the number of residential units identified to meet the requirements for an affordable housing component per 3.48.040(1)(c) shall continue to be made available for the length of the exemption period. (iii) The mix and configuration of housing units (e.g., studio, one-bedroom, two- bedroom) used to meet the requirement for affordable units shall be substantially proportional to the mix and configuration of the total housing units in the project. (iv) When a project includes more than one building with multifamily housing units, all Page 60 of 189 Ordinance No. ___ Page 10 of 18 of the affordable housing units required in this subsection must not be located in the same building. (2) Limits on Exemption. The exemption does not apply: (a) To the value of land or to the value of non-housing-related improvements not qualifying under this chapter. (b) In the case of rehabilitation of existing buildings, to the value of improvements constructed prior to submission of the completed application required under this chapter. (c) To increases in assessed valuation made by the Kitsap County Assessor on nonqualifying portions of building or other improvements and value of land nor to increases made by lawful order of a county board of equalization, the Department of Revenue, or Kitsap County, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. (3) Conclusion of Exemption. At the conclusion of the exemption period, the new or rehabilitated housing cost shall be considered as new construction for the purposes of Chapter 84.55 RCW. 3.48.060 Project eligibility. A proposed multifamily housing project must meet all of the following requirements for consideration for a property tax exemption: (1) Location. The project must be located within a residential targeted area as provided in POMC 3.48.040. (2) Tenant Displacement Prohibited. The project must not displace existing residential tenants of structures that are proposed for redevelopment. If the property proposed to be rehabilitated is not vacant, an applicant shall provide each existing tenant housing of comparable size, quality, and price and a reasonable opportunity to relocate. (3) Noncompliance with Building Codes. Existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the applicable state or city building codes. (4) Size of Project. The new, converted, or rehabilitated multiple-unit housing must provide for a minimum of 50 percent of the space (excluding structured parking) for permanent residential occupancy. The project, whether new, converted, or rehabilitated multiple-unit housing, must include at least 10 units of multifamily housing within a residential structure or as part of an urban development. In the case of existing multifamily housing that is occupied or which has Page 61 of 189 Ordinance No. ___ Page 11 of 18 not been vacant for 12 months or more, the multifamily housing project must also provide for a minimum of four additional multifamily units for a total project of at least 10 units including the four additional units. Existing multifamily housing that has been vacant for 12 months or more does not have to provide additional units. (5) Proposed Completion Date. New construction of multifamily housing and rehabilitation improvements must be completed within three years from the date of approval of the application. 3.48.070 Application procedure. A property owner who wishes to propose a project for a tax exemption shall complete the following procedures: (1) The exemption application provided by the city shall be completed and filed with the department prior to issuance of a building permit for the project. The completed application shall be accompanied by the application fee as authorized by RCW 84.14.080 and as set forth in the city’s current fee resolution. (2) The exemption application shall contain and require such information as deemed necessary by the director, including: (a) A brief written description of the project, including timing and construction schedule, setting forth the grounds for the exemption. (b) Floor and site plans of the proposed project, which may be revised by the owner, provided such revisions are made and presented to the director prior to the city’s final action on the exemption application. (c) For rehabilitation projects, the applicant shall provide a report prepared by a registered architect identifying property noncompliance with current building codes. This report shall identify specific code violations and must include supporting data that satisfactorily explains and proves the presence of a violation. Supporting data must include a narrative and such graphic materials as needed to support this application. Graphic materials may include, but are not limited to, building plans, building details, and photographs. (d) If applying for a 12-year exemption, it shall include information describing how the applicant will comply with the affordability requirements set forth in POMC 3.48.040(1)(c). (e) A statement from the owner acknowledging the potential tax liability when the project ceases to be eligible under this chapter. Page 62 of 189 Ordinance No. ___ Page 12 of 18 (f) An affidavit signed by the owner stating the occupancy record of the property for a period of 12 months prior to filing the application. (g) Verification of the correctness of the information submitted by the owner’s signature and affirmation made under penalty of perjury under the laws of the state of Washington. 3.48.080 Application review – Issuance of conditional certificate – Denial – Appeal. (1) Director’s Decision. The director may certify as eligible an application which is determined to comply with all applicable requirements of this chapter. A decision to approve or deny an application shall be made within 90 calendar days of receipt of a complete application. (2) Approval of Application – Contract Required. If an application is approved, the applicant shall enter into a contract with the city, regarding the terms and conditions of implementation of the project, and pursuant to the following: (a) The contract shall be subject to approval by the city council, in the form of a resolution, regarding the terms and conditions of the project and eligibility for exemption under this chapter. This contract shall be a covenant running with the land and shall be binding on the assigns, heirs, and successors of the applicant. (b) For any development project including owner-occupied units, the contract with the city shall also require that an owners’ association organized under RCW 64.34.300 be formed for all owner-occupied units within the development, for at least the length of the exemption period granted, to assume the responsibility for collecting from all individual unit owners the information and documents required to complete the annual reporting requirements and for filing the required annual report with the city for each of the individual homeowners pursuant to POMC 3.48.120. (c) Amendment of Contract. Within three years of the date from the city council’s approval of the contract, an owner may request an amendment(s) to the contract by submitting a request in writing to the director. The fee for an amendment is as set forth in the city’s current fee resolution. The director shall have authority to approve minor changes to the contract that are reasonably within the scope and intent of the contract approved by the city council, as solely determined by the director. Amendments that are not reasonably within the scope and intent of the approved contract, as solely determined by the director, shall be submitted to the city council for review and approval. The date for expiration of the conditional certificate shall not be extended by contract amendment unless all the conditions for extension set forth in POMC 3.48.090 are met. (3) Issuance of Conditional Certificate. Upon city council approval of the contract required Page 63 of 189 Ordinance No. ___ Page 13 of 18 under subsection (2) of this section, the director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three years from the date of city council approval unless an extension is granted as provided in this chapter. (4) Denial of Application. If an application is denied, the director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant’s last known address within 10 calendar days of issuance of the denial. (5) Appeal. Per RCW 84.14.070, an applicant may appeal a denial to the city council within 30 calendar days of receipt of the denial by filing a complete appeal application and fee, as set forth in the city’s current fee resolution, with the director. The appeal before the city council will be based on the record made before the director. The director’s decision shall be upheld unless the applicant can show that there is no substantial evidence on the record to support the director’s decision. The city council’s decision on appeal will be final. 3.48.090 Extension of conditional certificate. (1) Extension. The conditional certificate and time for completion of the project may be extended by the director for a period not to exceed a total of 24 consecutive months. To obtain an extension, the applicant must submit a written request with a fee, as set forth in the city’s current fee resolution, stating the grounds for the extension. An extension may be granted if the director determines that: (a) The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner; provided, that financial hardship, regardless of the cause or reason, shall not be considered by the director as a circumstance beyond the control of the owner in order to grant an extension; (b) The owner has been acting and could reasonably be expected to continue to act in good faith and with due diligence; and (c) All the conditions of the original contract (and as amended) between the applicant and the city will be satisfied upon completion of the project. (2) Denial of Extension. If an extension is denied, the director shall state in writing the reason for denial and shall send notice to the applicant’s last known address within 10 calendar days of issuance of the denial. (3) Appeal. An applicant may appeal the denial of an extension to the hearing examiner within 14 calendar days of receipt of the denial by filing a complete appeal application and appeal fee with the director. The appeal before the hearing examiner shall be processed as a closed record hearing. No appeal to the city council is provided from the hearing examiner’s decision. Page 64 of 189 Ordinance No. ___ Page 14 of 18 3.48.100 Application for final certificate. Upon completion of the improvements agreed upon in the contract between the applicant and the city and upon issuance of a temporary or permanent certificate of occupancy, the applicant may request a final certificate of tax exemption by filing with the director such information as the director may deem necessary or useful to evaluate the eligibility for the final certificate, including the following: (1) A statement of expenditures made with respect to each multifamily housing unit and the total expenditures made with respect to the entire property; (2) A description of the completed work and a statement of qualification for the exemption; (3) The total monthly rent or total sale amount of each multifamily housing unit rented or sold to date; (4) A statement that the work was completed within the required three-year period or any authorized extension; (5) If a 12-year exemption, information on the applicant’s compliance with the affordability requirements of this chapter; and (6) Any additional information requested by the city pursuant to meeting any reporting requirements under Chapter 84.14 RCW. 3.48.110 Issuance of final certificate. (1) Director’s Decision. Within 30 calendar days of receipt of all materials required for a final certificate, the director shall determine whether the specific improvements satisfy the requirements of the contract, application, and this chapter. (2) Granting of Final Certificate. If the director determines that the project has been completed in accordance with this chapter and the contract between the applicant and the city, and has been completed within the authorized time period, the city shall, within 10 calendar days of the expiration of the 30-day review period above, file a final certificate of tax exemption with the Kitsap County assessor. The director is authorized to cause to be recorded, at the owner’s expense, in the real property records of the Kitsap County department of records, the contract with the city, as amended if applicable, and such other document(s) as will identify such terms and conditions of eligibility for exemption under this chapter as the director deems appropriate for recording, including requirements under this chapter relating to affordability of units. (3) Denial of Final Certificate. The director shall notify the applicant in writing that a final certificate will not be filed if the director determines that: Page 65 of 189 Ordinance No. ___ Page 15 of 18 (a) The improvements were not completed within the authorized time period; (b) The improvements were not completed in accordance with the contract between the applicant and the city; or (c) The owner’s property is otherwise not qualified under this chapter. (4) Appeal. An applicant may appeal a denial of a final certificate to the hearing examiner within 14 calendar days of issuance of the denial of a final certificate by filing a complete appeal application and appeal fee with the director. The appeal before the hearing examiner shall be processed as a closed record hearing. No appeal to the city council is provided from the hearing examiner’s decision. 3.48.120 Annual compliance review – Reporting. (1) Within 30 calendar days after the first anniversary of the date of filing the final certificate of tax exemption and each year for the tax exemption period, the property owner shall be required to file a notarized declaration with the director indicating the following: (a) A statement of occupancy and vacancy of the multifamily units during the previous 12 months; (b) A certification by the owner that the property has not changed use and continues to be in compliance with the contract with the city and the applicable requirements of this chapter; (c) A description of changes or improvements to the property made after the city’s issuance of the final certificate of tax exemption; (d) The total monthly rent of each multifamily housing unit rented or the total sale amount of each unit sold during the 12 months ending with the anniversary date; (e) A breakdown of the number, type, and specific multifamily housing units rented or sold during the 12 months ending with the anniversary date; (f) If granted a 12-year exemption, information demonstrating the owner’s compliance with the affordability requirements of this chapter, including, but not limited to, the income of each renter household at the time of initial occupancy or the income of each purchaser of owner-occupied units at the time of purchase; (g) The value of the tax exemption for the project; and (h) Any additional information requested by the city pursuant to meeting any reporting Page 66 of 189 Ordinance No. ___ Page 16 of 18 requirements under Chapter 84.14 RCW. (2) City staff may also conduct on-site verification of the declaration and reporting required under this section. Failure to submit the annual declaration and report may result in cancellation of the tax exemption pursuant to this chapter and shall result in a review of the exemption per RCW 84.14.110. (3) If the city issues final tax exemption certificates pursuant to this chapter, the director shall submit the report required by RCW 84.14.100 to the state Department of Commerce by December 31st of each year. 3.48.130 Cancellation of tax exemption. (1) The director may cancel a tax exemption on a property if he/she determines any of the following: (a) The owner is not complying with the terms of the contract or this chapter; (b) The use of the property is changed or will be changed to a use that is other than residential; (c) The project violates applicable zoning requirements, land use regulations, building, or fire code requirements; or (d) The owner fails to submit the annual declaration and report specified in POMC 3.48.120. (2) If the owner intends to convert the multifamily housing to another use, the owner shall notify the director and the Kitsap County assessor in writing within 60 calendar days of the change in use. (3) Cancellation may occur in conjunction with the annual review or at any such time noncompliance has been determined. (4) Upon cancellation of the tax exemption, additional taxes, interest, and penalties shall be imposed on the property, and a priority lien may be placed on the land, pursuant to state law. (5) Notice of Cancellation. Upon determining that a tax exemption is to be canceled, pursuant to RCW 84.14.110(2), the director shall notify the owner by mail, return receipt requested. (6) Appeal of Cancellation. The owner may appeal the determination of cancellation to the hearing examiner by filing a notice of appeal and appeal fee with the city clerk within 30 calendar days of the date of the notice of cancellation, specifying the factual and legal basis for the appeal. The appeal shall be heard by the hearing examiner as a closed record Page 67 of 189 Ordinance No. ___ Page 17 of 18 hearing. No appeal to the city council is provided from the hearing examiner’s decision. 3.48.140 Conflict of provisions. If any provision of this chapter is in legal conflict with the provisions of Chapter 84.14 RCW, as currently adopted or hereafter amended, the provisions of Chapter 84.14 RCW shall apply as if set forth in this chapter. SECTION 3. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 5. Effective Date. This ordinance shall be published in the official newspaper of the city and shall take full force and effect five (5) days after the date of publication. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 13th day of October 2020. Robert Putaansuu, Mayor ATTEST: ______ Brandy Rinearson, MMC, City Clerk Page 68 of 189 Ordinance No. ___ Page 18 of 18 APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 69 of 189 Chapter 3.48 MULTIFAMILY PROPERTY TAX EXEMPTION REVISIONS IN REDLINE Sections: 3.48.010 Purpose. 3.48.020 Definitions. 3.48.030 Residential targeted areas – Criteria – Designation. 3.48.040 Residential targeted areas – Types 1 through 3 3.48.040 Terms of the tax exemption. 3.48.050 Project eligibility. 3.48.060 Application procedure. 3.48.070 Application review – Issuance of conditional certificate – Denial – Appeal. 3.48.080 Extension of conditional certificate. 3.48.090 Application for final certificate. 3.48.100 Issuance of final certificate. 3.48.110 Annual compliance review – Reporting. 3.48.120 Cancellation of tax exemption. 3.48.130 Conflict of provisions. 3.48.010 Purpose. As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited exemptions from ad valorem property taxation for multifamily housing in designated residential targeted areas to: (1) Encourage increased residential opportunities, including affordable housing units, within areas of the city designated by the city council as residential targeted areas; and/or (2) Stimulate new construction or rehabilitation of existing vacant and underutilized buildings for multifamily housing in designated residential targeted areas to increase and improve housing opportunities, including affordable housing; and (3) Accomplish the planning goals required under the Growth Management Act, Chapter 36.70A RCW, as implemented by the city’s comprehensive plan. 3.48.020 Definitions. When used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise: (1) “Affordable housing” means the definition provided for in RCW 84.14.010. (2) “Department” means the city department of community development. (3) “Director” means the director of the department of community development, or designee. Page 70 of 189 (4) “Fair market rent” means the federal department of housing and urban development’s estimate of what a household seeking a modest rental home in a short amount of time can expect to pay for rent and utilities in the current market, as updated annually. (54) “High-cost area” means the definition provided for in RCW 84.14.010. (65) “Household” means the definition provided for in RCW 84.14.010. 76) “Low-income household” means the definition provided for in RCW 84.14.010. (8) “Median family income” means the median family income for the Bremerton-Silverdale Metropolitan Statistical Area, as calculated by the federal department of housing and urban development and updated annually. (9) “Mixed-use development” means a mix of residential and commercial development, either in the same building or in separate buildings on a site, and involving one or more building types, as permitted by the city’s comprehensive plan, zoning (including any overlay districts), and design regulations. (107) “Moderate-income household” means the definition provided for in RCW 84.14.010. (118) “Multifamily housing” (for the purposes of this chapter) means a building having 10 or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multifamily units may result from new construction or rehabilitated or conversion of vacant, underutilized, or substandard buildings to multifamily housing. (129) “Owner” means the definition provided for in RCW 84.14.010. (130) “Permanent residential occupancy” means the definition provided for in RCW 84.14.010. (141) “Rehabilitation improvements” means the definition provided for in RCW 84.14.010. (152) “Residential targeted area” means the definition provided for in RCW 84.14.010 and the area(s) that have been so designated by the city council pursuant to this chapter. (163) “Substantial compliance” means the definition provided for in RCW 84.14.010. (174) “Urban center” means the definition provided for in RCW 84.14.010. 3.48.030 Residential targeted areas – Criteria – Designation. (1) Following notice and public hearing as prescribed in RCW 84.14.040 of the city council’s intention of designating a residential targeted area, the city council may, in its sole discretion, designate one or more residential targeted areas. Each residential targeted area must meet the following criteria, as determined by the city council: (a) The area is within an urban center as designated in the City’s Comprehensive Plan (as a regional, countywide, or local center);, or, was previously designated a residential target area as shown on the map labeled Figure 1: Alternative 1 in Port Orchard Ordinance 023-16; and Page 71 of 189 (b) The area lacks sufficient available, desirable, and convenient residential housing, including affordable housing, to meet the needs of the public who would be likely to live in the urban center if affordable, desirable, attractive, and livable residences were available; and (c) Providing additional housing opportunities, including affordable housing, in the area will assist in achieving one or more of the purposes of this chapter. (2) In designating a residential targeted area, the city council may also consider other factors including, but not limited to: (a) Additional housing, including affordable housing units, in the residential targeted area will attract and maintain an increase in the number of permanent residents; (b) An increased permanent residential population in the residential targeted area will help to achieve the planning goals mandated by the Growth Management Act under Chapter 36.70A RCW, as implemented through the city’s current and future comprehensive plans; (c) Encouraging additional housing in the residential targeted area is consistent with public transportation plans; or (d) Additional housing may contribute to revitalization of a distressed neighborhood or area within the city. (3) At any time the city council may, by resolution, and in its sole discretion, amend or rescind the designation of a residential targeted area pursuant to the same procedural requirements as set forth in this chapter for original designation. (4) The following areas are designated as residential targeted areas under this chapter, as shown on the map labeled Figure 1: Alternative 1: Page 72 of 189 Figure 1: Alternative 1 (5) If a part of any legal lot is within a designated residential targeted area then the entire lot shall be deemed to lie within such residential targeted area. Property located outside of, but adjacent to, the described areas is not designated as residential targeted areas. 3.48.040 Designated residential targeted areas – Types 1 through 3. In accordance with section 3.48.030, the City Council has designated three types of designated residential targeted areas, as provided below and as shown on Figures 1 through 3. The maps in Figures 1 through 3 are provided for planning purposes only, and all development that is proposed to qualify for tax exemption within these areas must meet the criteria of this chapter, as well as all other relevant City standards, including but not limited to: the comprehensive plan, zoning code, building code, public works standards, critical areas regulations and the shoreline master program. The project must also comply with any other standards and guidelines adopted by the city council for the specific residential targeted area. (1) Type 1: Affordable Housing with Transit Access. (a) As shown on Figure 1, the Type 1 residential targeted area is limited to parcels within centers designated in the comprehensive plan that are zoned for multifamily (including mixed use) development within one-half mile of a transit route or ferry terminal. If more than 75% of the buildable portions of the property area are located more than one-half mile from a transit route or ferry terminal, the property is not eligible for inclusion on the Figure 1 map. Page 73 of 189 (b) Residential development in a Type 1 residential targeted area is eligible to be considered for 12- year tax exemption. (c) An affordable housing component is required: 1. A minimum of 20 percent of all residential units in the development shall be rented for at least 10 percent below fair market rent for 12 years, to tenants whose household annual income is: • At or below 40% of median family income, for housing units in congregate residences or small efficiency dwelling units; • At or below 65% of median family income for one-bedroom units; • At or below 75% of median family income for two-bedroom units; and • At or below 80% of median family income for three-bedroom and larger units. 2. If calculations for the minimum 20 percent of the residential units required under 1. of this subsection result in a fraction, then the minimum number of residential units required to meet the affordable housing requirement shall be rounded up to the next whole number. Figure 1: Type 1 Tax Exemption Map Page 74 of 189 (2) Type 2: Redevelopment Areas. (a) As shown on Figure 2, the Type 2 residential targeted area is limited to parcels within centers designated in the comprehensive plan that are encouraged to redevelop with multifamily or mixed-use development. These include parcels that: (1) have abandoned buildings (vacant or unused for more than two years); underutilized buildings (50% or more vacancy for more than two years); or (3) contain existing structures and improvements with an assessed building value to land ratio of 2:1 or lessmore. (b) Residential development in a Type 2 residential targeted area is eligible to be considered for 8- year tax exemption. (c) No affordable housing component is required. (d) For certain parcels, rezoning may be required for multifamily or mixed usemixed-use development. Figure 2: Type 2 Tax Exemption Map (3) Type 3: Mixed-Use Development with Structured Parking and/or Transfer of Development Rights. (a) As shown on Figure 3, the Type 3 residential targeted area is limited to parcels within centers designated in the comprehensive plan that are zoned for multifamily (including mixed-use) development. Page 75 of 189 (b) Residential development in a Type 3 residential targeted area is eligible to be considered for an 8-year tax exemption. (c) No affordable housing component is required. (d) The proposed development shall include at least one of the following: 1. At least 50% of the required parking for the proposed use(s) shall be located within the footprint of a building containing multifamily units, in a multistory parking structure, and/or below grade; and the project should achieve at least 50 units per net developable acre (excluding critical areas and buffers, and other land that is undevelopable such as shoreline buffers and tidelands). 2. Construct mixed-use shopfront building type development (refer to POMC 20.32) containing non-residential/non-parking garage square footage that measures at least 40% of the total building footprint square footage for all buildings on the development site. The non- residential/non-parking garage square footage may be in one or more buildings on the site. Live-work units shall be considered as non-residential square footage for the purpose of achieving the required 40% minimum, provided that the units are designed as shopfronts along a public street. 3. Purchase one additional story of building height for one or more buildings through the city’s transfer of development rights (TDR) program (refer to POMC 20.41) and construct (a) building(s) that utilizes the additional height allowance. Page 76 of 189 Figure 3: Type 3 Tax Exemption Map 3.48.0540 Terms of the tax exemption. (1) Duration of Exemption. The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation, as follows: (a) Within the areas shown as “8 Year Eligible Area” and “12 Year Eligible Area” in Figure 1 of this chapter, for eight successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate. No requirements for affordable housing are required for an eight-year tax exemption within either of these areas; or (b) Within the area shown as “12 Year Eligible Area” in Figure 1 of this chapter, for 12 successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under this chapter and meets the conditions in this subsection. For the property to qualify for the 12-year exemption under this subsection, the applicant must commit to renting or selling at least 20 percent of the multifamily housing units as affordable housing units to low- and moderate-income households, and the property must satisfy that commitment and any additional affordability and income eligibility conditions adopted by the city under this chapter. In the case of projects intended exclusively for owner occupancy, the minimum requirement of this subsection may be satisfied solely through housing affordable to moderate-income households. (a) For both 8-year and 12-year exemptions, the exemption begins on January 1st of the year immediately following the calendar year of issuance of the tax exemption certificate. Page 77 of 189 (i) If calculations for the minimum 20 percent of the multifamily housing units required under this subsection result in a fraction, then the minimum number of multifamily housing units for affordable housing shall be rounded up to the next whole number. (moved to Type I) (b)(ii) In projects granted For 12-year exemptions, the number of residentialhousing units identified to meet the requirements for an affordable housing component per 3.48.040(1)(c)for households with low, affordable, or moderate annual income shall continue to be made available to low, affordable, or moderate households for the length of the exemption period. (iii) The mix and configuration of housing units (e.g., studio, one-bedroom, two-bedroom) used to meet the requirement for affordable units under this subsection shall be substantially proportional to the mix and configuration of the total housing units in the project. (iv) When a project includes more than one building with multifamily housing units, all of the affordable housing units required in this subsection must not be located in the same building. (2) Limits on Exemption. The exemption does not apply: (a) To the value of land or to the value of non-housing-related improvements not qualifying under this chapter. (b) In the case of rehabilitation of existing buildings, to the value of improvements constructed prior to submission of the completed application required under this chapter. (c) To increases in assessed valuation made by the Kitsap County Assessor on nonqualifying portions of building or other improvements and value of land nor to increases made by lawful order of a county board of equalization, the Department of Revenue, or Kitsap County, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. (3) Conclusion of Exemption. At the conclusion of the exemption period, the new or rehabilitated housing cost shall be considered as new construction for the purposes of Chapter 84.55 RCW. 3.48.0650 Project eligibility. A proposed multifamily housing project must meet all of the following requirements for consideration for a property tax exemption: (1) Location. The project must be located within a residential targeted area as provided defined in POMC 3.48.0430. (2) Tenant Displacement Prohibited. The project must not displace existing residential tenants of structures that are proposed for redevelopment. If the property proposed to be rehabilitated is not vacant, an applicant shall provide each existing tenant housing of comparable size, quality, and price and a reasonable opportunity to relocate. (3) Noncompliance with Building Codes. Existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the applicable state or city building codes. (4) Size of Project. The new, converted, or rehabilitated multiple-unit housing must provide for a minimum of 50 percent of the space (excluding structured parking) for permanent residential occupancy. The project, whether new, converted, or rehabilitated multiple-unit housing, must include Page 78 of 189 at least 10 units of multifamily housing within a residential structure or as part of an urban development. In the case of existing multifamily housing that is occupied or which has not been vacant for 12 months or more, the multifamily housing project must also provide for a minimum of four additional multifamily units for a total project of at least 10 units including the four additional units. Existing multifamily housing that has been vacant for 12 months or more does not have to provide additional units. (5) Proposed Completion Date. New construction of multifamily housing and rehabilitation improvements must be completed within three years from the date of approval of the application. (6) Compliance with Guidelines and Standards. The project must be designed to comply with the city’s comprehensive plan, building, housing, and zoning codes, and any other applicable regulations. The project must also comply with any other standards and guidelines adopted by the city council for the residential targeted area. (moved to 3.48.040 3.48.0760 Application procedure. A property owner who wishes to propose a project for a tax exemption shall complete the following procedures: (1) The exemption application provided by the city shall be completed and filed with the department prior to issuance of a building permit for the project. The completed application shall be accompanied by the application fee as authorized by RCW 84.14.080 and as set forth in the city’s current fee resolution. (2) The exemption application shall contain and require such information as deemed necessary by the director, including: (a) A brief written description of the project, including timing and construction schedule, setting forth the grounds for the exemption. (b) Floor and site plans of the proposed project, which may be revised by the owner, provided such revisions are made and presented to the director prior to the city’s final action on the exemption application. (c) For rehabilitation projects, the applicant shall provide a report prepared by a registered architect identifying property noncompliance with current building codes. This report shall identify specific code violations and must include supporting data that satisfactorily explains and proves the presence of a violation. Supporting data must include a narrative and such graphic materials as needed to support this application. Graphic materials may include, but are not limited to, building plans, building details, and photographs. (d) If applying for a 12-year exemption, it shall include information describing how the applicant will comply with the affordability requirements set forth in POMC 3.48.040(1)(cb). (e) A statement from the owner acknowledging the potential tax liability when the project ceases to be eligible under this chapter. (f) An affidavit signed by the owner stating the occupancy record of the property for a period of 12 months prior to filing the application. Page 79 of 189 (g) Verification of the correctness of the information submitted by the owner’s signature and affirmation made under penalty of perjury under the laws of the state of Washington. 3.48.0870 Application review – Issuance of conditional certificate – Denial – Appeal. (1) Director’s Decision. The director may certify as eligible an application which is determined to comply with all applicable requirements of this chapter. A decision to approve or deny an application shall be made within 90 calendar days of receipt of a complete application. (2) Approval of Application – Contract Required. If an application is approved, the applicant shall enter into a contract with the city, regarding the terms and conditions of implementation of the project, and pursuant to the following: (a) The contract shall be subject to approval by the city council, in the form of a resolution, regarding the terms and conditions of the project and eligibility for exemption under this chapter. This contract shall be a covenant running with the land and shall be binding on the assigns, heirs, and successors of the applicant. (b) For any development project including owner-occupied units, the contract with the city shall also require that an owners’ association organized under RCW 64.34.300 be formed for all owner- occupied units within the development, for at least the length of the exemption period granted, to assume the responsibility for collecting from all individual unit owners the information and documents required to complete the annual reporting requirements and for filing the required annual report with the city for each of the individual homeowners pursuant to POMC 3.48.1210. (c) Amendment of Contract. Within three years of the date from the city council’s approval of the contract, an owner may request an amendment(s) to the contract by submitting a request in writing to the director. The fee for an amendment is as set forth in the city’s current fee resolution. The director shall have authority to approve minor changes to the contract that are reasonably within the scope and intent of the contract approved by the city council, as solely determined by the director. Amendments that are not reasonably within the scope and intent of the approved contract, as solely determined by the director, shall be submitted to the city council for review and approval. The date for expiration of the conditional certificate shall not be extended by contract amendment unless all the conditions for extension set forth in POMC 3.48.0980 are met. (3) Issuance of Conditional Certificate. Upon city council approval of the contract required under subsection (2) of this section, the director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three years from the date of city council approval unless an extension is granted as provided in this chapter. (4) Denial of Application. If an application is denied, the director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant’s last known address within 10 calendar days of issuance of the denial. (5) Appeal. Per RCW 84.14.070, an applicant may appeal a denial to the city council within 30 calendar days of receipt of the denial by filing a complete appeal application and fee, as set forth in the city’s current fee resolution, with the director. The appeal before the city council will be based on the record made before the director. The director’s decision shall be upheld unless the applicant can show that there is no substantial evidence on the record to support the director’s decision. The city council’s decision on appeal will be final. Page 80 of 189 3.48.0980 Extension of conditional certificate. (1) Extension. The conditional certificate and time for completion of the project may be extended by the director for a period not to exceed a total of 24 consecutive months. To obtain an extension, the applicant must submit a written request with a fee, as set forth in the city’s current fee resolution, stating the grounds for the extension. An extension may be granted if the director determines that: (a) The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner; provided, that financial hardship, regardless of the cause or reason, shall not be considered by the director as a circumstance beyond the control of the owner in order to grant an extension; (b) The owner has been acting and could reasonably be expected to continue to act in good faith and with due diligence; and (c) All the conditions of the original contract (and as amended) between the applicant and the city will be satisfied upon completion of the project. (2) Denial of Extension. If an extension is denied, the director shall state in writing the reason for denial and shall send notice to the applicant’s last known address within 10 calendar days of issuance of the denial. (3) Appeal. An applicant may appeal the denial of an extension to the hearing examiner within 14 calendar days of receipt of the denial by filing a complete appeal application and appeal fee with the director. The appeal before the hearing examiner shall be processed as a closed record hearing. No appeal to the city council is provided from the hearing examiner’s decision. 3.48.100090 Application for final certificate. Upon completion of the improvements agreed upon in the contract between the applicant and the city and upon issuance of a temporary or permanent certificate of occupancy, the applicant may request a final certificate of tax exemption by filing with the director such information as the director may deem necessary or useful to evaluate the eligibility for the final certificate, including the following: (1) A statement of expenditures made with respect to each multifamily housing unit and the total expenditures made with respect to the entire property; (2) A description of the completed work and a statement of qualification for the exemption; (3) The total monthly rent or total sale amount of each multifamily housing unit rented or sold to date; (4) A statement that the work was completed within the required three-year period or any authorized extension; (5) If a 12-year exemption, information on the applicant’s compliance with the affordability requirements of this chapter; and (6) Any additional information requested by the city pursuant to meeting any reporting requirements under Chapter 84.14 RCW. Page 81 of 189 3.48.1100 Issuance of final certificate. (1) Director’s Decision. Within 30 calendar days of receipt of all materials required for a final certificate, the director shall determine whether the specific improvements satisfy the requirements of the contract, application, and this chapter. (2) Granting of Final Certificate. If the director determines that the project has been completed in accordance with this chapter and the contract between the applicant and the city, and has been completed within the authorized time period, the city shall, within 10 calendar days of the expiration of the 30-day review period above, file a final certificate of tax exemption with the Kitsap County assessor. The director is authorized to cause to be recorded, at the owner’s expense, in the real property records of the Kitsap County department of records, the contract with the city, as amended if applicable, and such other document(s) as will identify such terms and conditions of eligibility for exemption under this chapter as the director deems appropriate for recording, including requirements under this chapter relating to affordability of units. (3) Denial of Final Certificate. The director shall notify the applicant in writing that a final certificate will not be filed if the director determines that: (a) The improvements were not completed within the authorized time period; (b) The improvements were not completed in accordance with the contract between the applicant and the city; or (c) The owner’s property is otherwise not qualified under this chapter. (4) Appeal. An applicant may appeal a denial of a final certificate to the hearing examiner within 14 calendar days of issuance of the denial of a final certificate by filing a complete appeal application and appeal fee with the director. The appeal before the hearing examiner shall be processed as a closed record hearing. No appeal to the city council is provided from the hearing examiner’s decision. 3.48.12010 Annual compliance review – Reporting. (1) Within 30 calendar days after the first anniversary of the date of filing the final certificate of tax exemption and each year for the tax exemption period, the property owner shall be required to file a notarized declaration with the director indicating the following: (a) A statement of occupancy and vacancy of the multifamily units during the previous 12 months; (b) A certification by the owner that the property has not changed use and continues to be in compliance with the contract with the city and the applicable requirements of this chapter; (c) A description of changes or improvements to the property made after the city’s issuance of the final certificate of tax exemption; (d) The total monthly rent of each multifamily housing unit rented or the total sale amount of each unit sold during the 12 months ending with the anniversary date; (e) A breakdown of the number, type, and specific multifamily housing units rented or sold during the 12 months ending with the anniversary date; (f) If granted a 12-year exemption, information demonstrating the owner’s compliance with the affordability requirements of this chapter, including, but not limited to, the income of each renter Page 82 of 189 household at the time of initial occupancy or the income of each purchaser of owner-occupied units at the time of purchase; (g) The value of the tax exemption for the project; and (h) Any additional information requested by the city pursuant to meeting any reporting requirements under Chapter 84.14 RCW. (2) City staff may also conduct on-site verification of the declaration and reporting required under this section. Failure to submit the annual declaration and report may result in cancellation of the tax exemption pursuant to this chapter and shall result in a review of the exemption per RCW 84.14.110. (3) If the city issues final tax exemption certificates pursuant to this chapter, the director shall submit the report required by RCW 84.14.100 to the state Department of Commerce by December 31st of each year. 3.48.13020 Cancellation of tax exemption. (1) The director may cancel a tax exemption on a property if he/she determines any of the following: (a) The owner is not complying with the terms of the contract or this chapter; (b) The use of the property is changed or will be changed to a use that is other than residential; (c) The project violates applicable zoning requirements, land use regulations, building, or fire code requirements; or (d) The owner fails to submit the annual declaration and report specified in POMC 3.48.1210. (2) If the owner intends to convert the multifamily housing to another use, the owner shall notify the director and the Kitsap County assessor in writing within 60 calendar days of the change in use. (3) Cancellation may occur in conjunction with the annual review or at any such time noncompliance has been determined. (4) Upon cancellation of the tax exemption, additional taxes, interest, and penalties shall be imposed on the property, and a priority lien may be placed on the land, pursuant to state law. (5) Notice of Cancellation. Upon determining that a tax exemption is to be canceled, pursuant to RCW 84.14.110(2), the director shall notify the owner by mail, return receipt requested. (6) Appeal of Cancellation. The owner may appeal the determination of cancellation to the hearing examiner by filing a notice of appeal and appeal fee with the city clerk within 30 calendar days of the date of the notice of cancellation, specifying the factual and legal basis for the appeal. The appeal shall be heard by the hearing examiner as a closed record hearing. No appeal to the city council is provided from the hearing examiner’s decision. 3.48.14030 Conflict of provisions. If any provision of this chapter is in legal conflict with the provisions of Chapter 84.14 RCW, as currently adopted or hereafter amended, the provisions of Chapter 84.14 RCW shall apply as if set forth in this chapter. Page 83 of 189 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: October 13, 2020 Subject: Adoption of an Ordinance Revising Port Prepared by: Nick Bond, AICP Orchard Municipal Code Chapter 3.48 DCD Director Multifamily Property Tax Exemption Atty Routing No.: N/A Atty Review Date: N/A Summary: See staff report for Public Hearing. Recommendation: Staff recommends that the City Council vote to approve an ordinance adopting revisions to POMC Chapter 3.48. Motion for Consideration: “I move to approve an ordinance adopting revisions to POMC Chapter 3.48.” Relationship to Comprehensive Plan: See staff report for Public Hearing. Fiscal Impact: N/A Alternatives: Do not approve the ordinance; direct staff to make changes to the ordinance. Attachments: Ordinance. Page 84 of 189 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 3.48 (MULTIFAMILY PROPERTY TAX EXEMPTION) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on July 26, 2016, the City Council adopted Ordinance No. 023-16, which created Chapter 3.48 of the Port Orchard Municipal Code (Multifamily Property Tax Exemption); and WHEREAS, POMC Section 3.48.030(3) provides that the City Council may amend the designated residential targeted areas; and WHEREAS, on January 15, 2019, the City Council adopted Ordinance No. 003-19, which amended POMC Chapter 3.48; and WHEREAS, the City Council wishes to encourage increased residential opportunities, including affordable housing units, within those areas of the city designated as residential targeted areas in Figure 1: Alternative 1 in POMC 3.48, and in those areas of the city designated as centers in the City’s Comprehensive Plan; and WHEREAS, the City Council wishes to further the City's goals of redevelopment and additional, affordable residential units within the City's downtown area, which is likely to have higher costs for development and redevelopment due to the nature of building below-grade parking and building on shoreline fill; and WHEREAS, the City Council wishes to stimulate rehabilitation and redevelopment of existing vacant and underutilized buildings and properties for multifamily housing in designated residential targeted areas and centers, to increase and improve housing opportunities, including affordable housing; and WHEREAS, the City Council wishes to amend the requirements for 12-year tax exemptions to increase the standards to be met and to obtain a greater percentage of housing that is more affordable than currently required, in order to maximize public benefit; and WHEREAS, the City Council wishes to amend the requirements for 8-year tax exemptions to require that certain performance and project value standards are met, in order to maximize public benefit; and WHEREAS, on July 6, 2020, the City Council’s Land Use Committee reviewed the amendments to Chapter POMC 3.48, and recommended that they be forwarded to the full City Council for review and approval; and Page 85 of 189 Ordinance No. ____ Page 2 of 17 WHEREAS, on July 8, 2020, the City submitted the proposed amendments to POMC Chapter 3.48 to the Department of Commerce along with a 60-day request for review; and WHEREAS, on July 17, 2020, the City’s SEPA official issued a determination of non- significance for the proposed amendments to POMC Chapter 3.48, and there have been no appeals; and WHEREAS, on September 15, 2020, the City Council reviewed the amendments at its work-study meeting, and directed staff to bring the amendments forward for Council adoption with certain changes; and WHEREAS, the City Council, after careful consideration of the recommendation from the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent with the City’s Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and incorporated as findings in support of this Ordinance. SECTION 2. Chapter 3.48 of the Port Orchard Municipal Code is hereby amended to read as follows: Sections: 3.48.010 Purpose. 3.48.020 Definitions. 3.48.030 Residential targeted areas – Criteria – Designation. 3.48.040 Residential targeted areas – Types 1 through 3 3.48.040 Terms of the tax exemption. 3.48.050 Project eligibility. 3.48.060 Application procedure. 3.48.070 Application review – Issuance of conditional certificate – Denial – Appeal. 3.48.080 Extension of conditional certificate. 3.48.090 Application for final certificate. 3.48.100 Issuance of final certificate. 3.48.110 Annual compliance review – Reporting. Page 86 of 189 Ordinance No. ____ Page 3 of 17 3.48.120 Cancellation of tax exemption. 3.48.130 Conflict of provisions. 3.48.010 Purpose. As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited exemptions from ad valorem property taxation for multifamily housing in designated residential targeted areas to: (1) Encourage increased residential opportunities, including affordable housing units, within areas of the city designated by the city council as residential targeted areas; and/or (2) Stimulate new construction or rehabilitation of existing vacant and underutilized buildings for multifamily housing in designated residential targeted areas to increase and improve housing opportunities, including affordable housing; and (3) Accomplish the planning goals required under the Growth Management Act, Chapter 36.70A RCW, as implemented by the city’s comprehensive plan. 3.48.020 Definitions. When used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise: (1) “Affordable housing” means the definition provided for in RCW 84.14.010. (2) “Department” means the city department of community development. (3) “Director” means the director of the department of community development, or designee. (4) “Fair market rent” means the federal department of housing and urban development’s estimate of what a household seeking a modest rental home in a short amount of time can expect to pay for rent and utilities in the current market, as updated annually. (5) “Household” means the definition provided for in RCW 84.14.010. (6) “Median family income” means the median family income for the Bremerton-Silverdale Metropolitan Statistical Area, as calculated by the federal department of housing and urban development and updated annually. (7) “Mixed-use development” means a mix of residential and commercial development, either in the same building or in separate buildings on a site, and involving one or more building types, as permitted by the city’s comprehensive plan, zoning (including any overlay districts), and design regulations. (8) “Multifamily housing” (for the purposes of this chapter) means a building having 10 or more Page 87 of 189 Ordinance No. ____ Page 4 of 17 dwelling units not designed or used as transient accommodations and not including hotels and motels. Multifamily units may result from new construction or rehabilitated or conversion of vacant, underutilized, or substandard buildings to multifamily housing. (9) “Owner” means the definition provided for in RCW 84.14.010. (10) “Permanent residential occupancy” means the definition provided for in RCW 84.14.010. (11) “Rehabilitation improvements” means the definition provided for in RCW 84.14.010. (12) “Residential targeted area” means the definition provided for in RCW 84.14.010 and the area(s) that have been so designated by the city council pursuant to this chapter. (13) “Substantial compliance” means the definition provided for in RCW 84.14.010. (14) “Urban center” means the definition provided for in RCW 84.14.010. 3.48.030 Residential targeted areas – Criteria – Designation. (1) Following notice and public hearing as prescribed in RCW 84.14.040 of the city council’s intention of designating a residential targeted area, the city council may, in its sole discretion, designate one or more residential targeted areas. Each residential targeted area must meet the following criteria, as determined by the city council: (a) The area is within an urban center as designated in the City’s Comprehensive Plan (as a regional, countywide, or local center), or, was previously designated a residential target area as shown on the map labeled Figure 1: Alternative 1 in Port Orchard Ordinance 023- 16; and (b) The area lacks sufficient available, desirable, and convenient residential housing, including affordable housing, to meet the needs of the public who would be likely to live in the urban center if affordable, desirable, attractive, and livable residences were available; and (c) Providing additional housing opportunities, including affordable housing, in the area will assist in achieving one or more of the purposes of this chapter. (2) In designating a residential targeted area, the city council may also consider other factors including, but not limited to: (a) Additional housing, including affordable housing units, in the residential targeted area will attract and maintain an increase in the number of permanent residents; (b) An increased permanent residential population in the residential targeted area will help to achieve the planning goals mandated by the Growth Management Act under Chapter Page 88 of 189 Ordinance No. ____ Page 5 of 17 36.70A RCW, as implemented through the city’s current and future comprehensive plans; (c) Encouraging additional housing in the residential targeted area is consistent with public transportation plans; or (d) Additional housing may contribute to revitalization of a distressed neighborhood or area within the city. (3) At any time the city council may, by resolution, and in its sole discretion, amend or rescind the designation of a residential targeted area pursuant to the same procedural requirements as set forth in this chapter for original designation. 3.48.040 Designated residential targeted areas – Types 1 through 3. In accordance with section 3.48.030, the City Council has designated three types of designated residential targeted areas, as provided below and as shown on Figures 1 through 3. The maps in Figures 1 through 3 are provided for planning purposes only, and all development that is proposed to qualify for tax exemption within these areas must meet the criteria of this chapter, as well as all other relevant City standards, including but not limited to: the comprehensive plan, zoning code, building code, public works standards, critical areas regulations and the shoreline master program. The project must also comply with any other standards and guidelines adopted by the city council for the specific residential targeted area. (1) Type 1: Affordable Housing with Transit Access. (a) As shown on Figure 1, the Type 1 residential targeted area is limited to parcels within centers designated in the comprehensive plan that are zoned for multifamily (including mixed use) development within one-half mile of a transit route or ferry terminal. If more than 75% of the buildable portions of the property area are located more than one-half mile from a transit route or ferry terminal, the property is not eligible for inclusion on the Figure 1 map. (b) Residential development in a Type 1 residential targeted area is eligible to be considered for 12-year tax exemption. (c) An affordable housing component is required: 1. A minimum of 20 percent of all residential units in the development shall be rented for at least 10 percent below fair market rent for 12 years, to tenants whose household annual income is: • At or below 40% of median family income, for housing units in congregate residences or small efficiency dwelling units; • At or below 65% of median family income for one-bedroom units; Page 89 of 189 Ordinance No. ____ Page 6 of 17 • At or below 75% of median family income for two-bedroom units; and • At or below 80% of median family income for three-bedroom and larger units. 2. If calculations for the minimum 20 percent of the residential units required under 1. of this subsection result in a fraction, then the minimum number of residential units required to meet the affordable housing requirement shall be rounded up to the next whole number. Figure 1: Type 1 Tax Exemption Map (2) Type 2: Redevelopment Areas. (a) As shown on Figure 2, the Type 2 residential targeted area is limited to parcels within centers designated in the comprehensive plan that are encouraged to redevelop with multifamily or mixed-use development. These include parcels that: (1) have abandoned buildings (vacant or unused for more than two years); (2) underutilized buildings (50% or more vacancy for more than two years); or (3) contain existing structures and improvements with an assessed building value to land ratio of 2:1 or more. Page 90 of 189 Ordinance No. ____ Page 7 of 17 (b) Residential development in a Type 2 residential targeted area is eligible to be considered for 8-year tax exemption. (c) No affordable housing component is required. (d) For certain parcels, rezoning may be required for multifamily or mixed-use development. Figure 2: Type 2 Tax Exemption Map (3) Type 3: Mixed-Use Development with Structured Parking and/or Transfer of Development Rights. (a) As shown on Figure 3, the Type 3 residential targeted area is limited to parcels within centers designated in the comprehensive plan that are zoned for multifamily (including mixed- use) development. (b) Residential development in a Type 3 residential targeted area is eligible to be considered for an 8-year tax exemption. (c) No affordable housing component is required. Page 91 of 189 Ordinance No. ____ Page 8 of 17 (d) The proposed development shall include at least one of the following: 1. At least 50% of the required parking for the proposed use(s) shall be located within the footprint of a building containing multifamily units, in a multistory parking structure, and/or below grade; and the project should achieve at least 50 units per net developable acre (excluding critical areas and buffers, and other land that is undevelopable such as shoreline buffers and tidelands). 2. Construct mixed-use shopfront building type development (refer to POMC 20.32) containing non-residential/non-parking garage square footage that measures at least 40% of the total building footprint square footage for all buildings on the development site. The non-residential/non-parking garage square footage may be in one or more buildings on the site. Live-work units shall be considered as non- residential square footage for the purpose of achieving the required 40% minimum, provided that the units are designed as shopfronts along a public street. 3. Purchase one additional story of building height for one or more buildings through the city’s transfer of development rights (TDR) program (refer to POMC 20.41) and construct (a) building(s) that utilizes the additional height allowance. Page 92 of 189 Ordinance No. ____ Page 9 of 17 Figure 3: Type 3 Tax Exemption Map 3.48.050 Terms of the tax exemption. (1) Duration of Exemption. The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation, as follows: (a) For both 8-year and 12-year exemptions, the exemption begins on January 1st of the year immediately following the calendar year of issuance of the tax exemption certificate. (b) For 12-year exemptions, the number of residential units identified to meet the requirements for an affordable housing component per 3.48.040(1)(c) shall continue to be made available for the length of the exemption period. (iii) The mix and configuration of housing units (e.g., studio, one-bedroom, two- bedroom) used to meet the requirement for affordable units shall be substantially proportional to the mix and configuration of the total housing units in the project. (iv) When a project includes more than one building with multifamily housing units, all of the affordable housing units required in this subsection must not be located in the same building. Page 93 of 189 Ordinance No. ____ Page 10 of 17 (2) Limits on Exemption. The exemption does not apply: (a) To the value of land or to the value of non-housing-related improvements not qualifying under this chapter. (b) In the case of rehabilitation of existing buildings, to the value of improvements constructed prior to submission of the completed application required under this chapter. (c) To increases in assessed valuation made by the Kitsap County Assessor on nonqualifying portions of building or other improvements and value of land nor to increases made by lawful order of a county board of equalization, the Department of Revenue, or Kitsap County, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. (3) Conclusion of Exemption. At the conclusion of the exemption period, the new or rehabilitated housing cost shall be considered as new construction for the purposes of Chapter 84.55 RCW. 3.48.060 Project eligibility. A proposed multifamily housing project must meet all of the following requirements for consideration for a property tax exemption: (1) Location. The project must be located within a residential targeted area as provided in POMC 3.48.040. (2) Tenant Displacement Prohibited. The project must not displace existing residential tenants of structures that are proposed for redevelopment. If the property proposed to be rehabilitated is not vacant, an applicant shall provide each existing tenant housing of comparable size, quality, and price and a reasonable opportunity to relocate. (3) Noncompliance with Building Codes. Existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the applicable state or city building codes. (4) Size of Project. The new, converted, or rehabilitated multiple-unit housing must provide for a minimum of 50 percent of the space (excluding structured parking) for permanent residential occupancy. The project, whether new, converted, or rehabilitated multiple-unit housing, must include at least 10 units of multifamily housing within a residential structure or as part of an urban development. In the case of existing multifamily housing that is occupied or which has not been vacant for 12 months or more, the multifamily housing project must also provide for a minimum of four additional multifamily units for a total project of at least 10 units including the four additional units. Existing multifamily housing that has been vacant for 12 months or more does not have to provide additional units. Page 94 of 189 Ordinance No. ____ Page 11 of 17 (5) Proposed Completion Date. New construction of multifamily housing and rehabilitation improvements must be completed within three years from the date of approval of the application. 3.48.070 Application procedure. A property owner who wishes to propose a project for a tax exemption shall complete the following procedures: (1) The exemption application provided by the city shall be completed and filed with the department prior to issuance of a building permit for the project. The completed application shall be accompanied by the application fee as authorized by RCW 84.14.080 and as set forth in the city’s current fee resolution. (2) The exemption application shall contain and require such information as deemed necessary by the director, including: (a) A brief written description of the project, including timing and construction schedule, setting forth the grounds for the exemption. (b) Floor and site plans of the proposed project, which may be revised by the owner, provided such revisions are made and presented to the director prior to the city’s final action on the exemption application. (c) For rehabilitation projects, the applicant shall provide a report prepared by a registered architect identifying property noncompliance with current building codes. This report shall identify specific code violations and must include supporting data that satisfactorily explains and proves the presence of a violation. Supporting data must include a narrative and such graphic materials as needed to support this application. Graphic materials may include, but are not limited to, building plans, building details, and photographs. (d) If applying for a 12-year exemption, it shall include information describing how the applicant will comply with the affordability requirements set forth in POMC 3.48.040(1)(c). (e) A statement from the owner acknowledging the potential tax liability when the project ceases to be eligible under this chapter. (f) An affidavit signed by the owner stating the occupancy record of the property for a period of 12 months prior to filing the application. (g) Verification of the correctness of the information submitted by the owner’s signature and affirmation made under penalty of perjury under the laws of the state of Washington. 3.48.080 Application review – Issuance of conditional certificate – Denial – Appeal. (1) Director’s Decision. The director may certify as eligible an application which is determined to Page 95 of 189 Ordinance No. ____ Page 12 of 17 comply with all applicable requirements of this chapter. A decision to approve or deny an application shall be made within 90 calendar days of receipt of a complete application. (2) Approval of Application – Contract Required. If an application is approved, the applicant shall enter into a contract with the city, regarding the terms and conditions of implementation of the project, and pursuant to the following: (a) The contract shall be subject to approval by the city council, in the form of a resolution, regarding the terms and conditions of the project and eligibility for exemption under this chapter. This contract shall be a covenant running with the land and shall be binding on the assigns, heirs, and successors of the applicant. (b) For any development project including owner-occupied units, the contract with the city shall also require that an owners’ association organized under RCW 64.34.300 be formed for all owner-occupied units within the development, for at least the length of the exemption period granted, to assume the responsibility for collecting from all individual unit owners the information and documents required to complete the annual reporting requirements and for filing the required annual report with the city for each of the individual homeowners pursuant to POMC 3.48.120. (c) Amendment of Contract. Within three years of the date from the city council’s approval of the contract, an owner may request an amendment(s) to the contract by submitting a request in writing to the director. The fee for an amendment is as set forth in the city’s current fee resolution. The director shall have authority to approve minor changes to the contract that are reasonably within the scope and intent of the contract approved by the city council, as solely determined by the director. Amendments that are not reasonably within the scope and intent of the approved contract, as solely determined by the director, shall be submitted to the city council for review and approval. The date for expiration of the conditional certificate shall not be extended by contract amendment unless all the conditions for extension set forth in POMC 3.48.090 are met. (3) Issuance of Conditional Certificate. Upon city council approval of the contract required under subsection (2) of this section, the director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three years from the date of city council approval unless an extension is granted as provided in this chapter. (4) Denial of Application. If an application is denied, the director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant’s last known address within 10 calendar days of issuance of the denial. (5) Appeal. Per RCW 84.14.070, an applicant may appeal a denial to the city council within 30 calendar days of receipt of the denial by filing a complete appeal application and fee, as set Page 96 of 189 Ordinance No. ____ Page 13 of 17 forth in the city’s current fee resolution, with the director. The appeal before the city council will be based on the record made before the director. The director’s decision shall be upheld unless the applicant can show that there is no substantial evidence on the record to support the director’s decision. The city council’s decision on appeal will be final. 3.48.090 Extension of conditional certificate. (1) Extension. The conditional certificate and time for completion of the project may be extended by the director for a period not to exceed a total of 24 consecutive months. To obtain an extension, the applicant must submit a written request with a fee, as set forth in the city’s current fee resolution, stating the grounds for the extension. An extension may be granted if the director determines that: (a) The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner; provided, that financial hardship, regardless of the cause or reason, shall not be considered by the director as a circumstance beyond the control of the owner in order to grant an extension; (b) The owner has been acting and could reasonably be expected to continue to act in good faith and with due diligence; and (c) All the conditions of the original contract (and as amended) between the applicant and the city will be satisfied upon completion of the project. (2) Denial of Extension. If an extension is denied, the director shall state in writing the reason for denial and shall send notice to the applicant’s last known address within 10 calendar days of issuance of the denial. (3) Appeal. An applicant may appeal the denial of an extension to the hearing examiner within 14 calendar days of receipt of the denial by filing a complete appeal application and appeal fee with the director. The appeal before the hearing examiner shall be processed as a closed record hearing. No appeal to the city council is provided from the hearing examiner’s decision. 3.48.100 Application for final certificate. Upon completion of the improvements agreed upon in the contract between the applicant and the city and upon issuance of a temporary or permanent certificate of occupancy, the applicant may request a final certificate of tax exemption by filing with the director such information as the director may deem necessary or useful to evaluate the eligibility for the final certificate, including the following: (1) A statement of expenditures made with respect to each multifamily housing unit and the total expenditures made with respect to the entire property; (2) A description of the completed work and a statement of qualification for the exemption; Page 97 of 189 Ordinance No. ____ Page 14 of 17 (3) The total monthly rent or total sale amount of each multifamily housing unit rented or sold to date; (4) A statement that the work was completed within the required three-year period or any authorized extension; (5) If a 12-year exemption, information on the applicant’s compliance with the affordability requirements of this chapter; and (6) Any additional information requested by the city pursuant to meeting any reporting requirements under Chapter 84.14 RCW. 3.48.110 Issuance of final certificate. (1) Director’s Decision. Within 30 calendar days of receipt of all materials required for a final certificate, the director shall determine whether the specific improvements satisfy the requirements of the contract, application, and this chapter. (2) Granting of Final Certificate. If the director determines that the project has been completed in accordance with this chapter and the contract between the applicant and the city, and has been completed within the authorized time period, the city shall, within 10 calendar days of the expiration of the 30-day review period above, file a final certificate of tax exemption with the Kitsap County assessor. The director is authorized to cause to be recorded, at the owner’s expense, in the real property records of the Kitsap County department of records, the contract with the city, as amended if applicable, and such other document(s) as will identify such terms and conditions of eligibility for exemption under this chapter as the director deems appropriate for recording, including requirements under this chapter relating to affordability of units. (3) Denial of Final Certificate. The director shall notify the applicant in writing that a final certificate will not be filed if the director determines that: (a) The improvements were not completed within the authorized time period; (b) The improvements were not completed in accordance with the contract between the applicant and the city; or (c) The owner’s property is otherwise not qualified under this chapter. (4) Appeal. An applicant may appeal a denial of a final certificate to the hearing examiner within 14 calendar days of issuance of the denial of a final certificate by filing a complete appeal application and appeal fee with the director. The appeal before the hearing examiner shall be processed as a closed record hearing. No appeal to the city council is provided from the hearing examiner’s decision. Page 98 of 189 Ordinance No. ____ Page 15 of 17 3.48.120 Annual compliance review – Reporting. (1) Within 30 calendar days after the first anniversary of the date of filing the final certificate of tax exemption and each year for the tax exemption period, the property owner shall be required to file a notarized declaration with the director indicating the following: (a) A statement of occupancy and vacancy of the multifamily units during the previous 12 months; (b) A certification by the owner that the property has not changed use and continues to be in compliance with the contract with the city and the applicable requirements of this chapter; (c) A description of changes or improvements to the property made after the city’s issuance of the final certificate of tax exemption; (d) The total monthly rent of each multifamily housing unit rented or the total sale amount of each unit sold during the 12 months ending with the anniversary date; (e) A breakdown of the number, type, and specific multifamily housing units rented or sold during the 12 months ending with the anniversary date; (f) If granted a 12-year exemption, information demonstrating the owner’s compliance with the affordability requirements of this chapter, including, but not limited to, the income of each renter household at the time of initial occupancy or the income of each purchaser of owner-occupied units at the time of purchase; (g) The value of the tax exemption for the project; and (h) Any additional information requested by the city pursuant to meeting any reporting requirements under Chapter 84.14 RCW. (2) City staff may also conduct on-site verification of the declaration and reporting required under this section. Failure to submit the annual declaration and report may result in cancellation of the tax exemption pursuant to this chapter and shall result in a review of the exemption per RCW 84.14.110. (3) If the city issues final tax exemption certificates pursuant to this chapter, the director shall submit the report required by RCW 84.14.100 to the state Department of Commerce by December 31st of each year. 3.48.130 Cancellation of tax exemption. (1) The director may cancel a tax exemption on a property if he/she determines any of the following: Page 99 of 189 Ordinance No. ____ Page 16 of 17 (a) The owner is not complying with the terms of the contract or this chapter; (b) The use of the property is changed or will be changed to a use that is other than residential; (c) The project violates applicable zoning requirements, land use regulations, building, or fire code requirements; or (d) The owner fails to submit the annual declaration and report specified in POMC 3.48.120. (2) If the owner intends to convert the multifamily housing to another use, the owner shall notify the director and the Kitsap County assessor in writing within 60 calendar days of the change in use. (3) Cancellation may occur in conjunction with the annual review or at any such time noncompliance has been determined. (4) Upon cancellation of the tax exemption, additional taxes, interest, and penalties shall be imposed on the property, and a priority lien may be placed on the land, pursuant to state law. (5) Notice of Cancellation. Upon determining that a tax exemption is to be canceled, pursuant to RCW 84.14.110(2), the director shall notify the owner by mail, return receipt requested. (6) Appeal of Cancellation. The owner may appeal the determination of cancellation to the hearing examiner by filing a notice of appeal and appeal fee with the city clerk within 30 calendar days of the date of the notice of cancellation, specifying the factual and legal basis for the appeal. The appeal shall be heard by the hearing examiner as a closed record hearing. No appeal to the city council is provided from the hearing examiner’s decision. 3.48.140 Conflict of provisions. If any provision of this chapter is in legal conflict with the provisions of Chapter 84.14 RCW, as currently adopted or hereafter amended, the provisions of Chapter 84.14 RCW shall apply as if set forth in this chapter. SECTION 3. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. Page 100 of 189 Ordinance No. ____ Page 17 of 17 SECTION 5. Effective Date. This ordinance shall be published in the official newspaper of the city and shall take full force and effect five (5) days after the date of publication. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 13th day of October 2020. Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 101 of 189 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7B Meeting Date: October 13, 2020 Subject: Adoption of an Ordinance Adopting Prepared by: Nick Bond, AICP Amendments to Port Orchard DCD Director Municipal Code Chapter 20.26 Atty Routing No.: Development-Matter 11 Development Agreements Atty Review Date: August 17, 2020 Summary: Chapter 20.26 POMC currently contains standards and procedures governing the City’s use of development agreements, which can be entered into between the City and applicants to provide flexibility in the application of development standards. The City Council, City Attorney and DCD staff have identified a number of proposed improvements to the existing code to clarify the standards that may be addressed in a development agreement, to provide more specificity on the application and processing requirements and the decision type, and to strengthen requirements for additional public benefit for development agreement extensions. These revisions have been incorporated into an ordinance for review and adoption. The Planning Commission held a public hearing on the proposed amendments to Chapter 20.26 POMC on October 6, 2020, and voted to recommend that the City Council approve an ordinance adopting the amendments. The Land Use committee reviewed the amendments on October 7, 2020, and directed staff to bring the ordinance to the full Council for review and adoption on October 13. Recommendation: Staff recommends that the City Council vote to approve an ordinance adopting amendments to Chapter 20.26 POMC. Relationship to Comprehensive Plan: N/A Motion for Consideration: “I move to adopt an ordinance adopting amendments to Chapter 20.26 POMC.” Fiscal Impact: N/A Alternatives: Direct staff to revise the ordinance; do not adopt an ordinance. Attachments: Ordinance. Page 102 of 189 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS; AMENDING SECTION 20.22.020 OF THE PORT ORCHARD MUNICIPAL CODE FOR CONSISTENCY WITH THE APPEAL PROVISIONS FOR DEVELOPMENT AGREEMENT CONTAINED IN CHAPTER 20.26 OF THE PORT ORCHARD MUNICIPAL CODE, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 20.26 TO ADD CLARITY ON THE USE AND PROCEDURES FOR DEVELOPMENT AGREEMENTS AND TO MAKE SUCH AGREEMENTS CONSISTENT WITH CURRENT LAW, AMENDING SECTIONS 20.26.010, 20.26.030, 20.26.050 AND ADDING NEW SECTIONS 20.26.060 AND 20.26.070; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to RCW 36.70B.170, the City Council has the authority to review and enter into development agreements that govern the development and use of real property within the City; and WHEREAS, such agreements are advantageous to both municipalities and applicants by facilitating certainty and stability in the land use permitting process, while also providing flexibility in the innovative application of local development standards, often leading to enhanced project design and infrastructure improvements for the public; and WHEREAS, the City Council adopted standards and procedures governing the City’s use of development agreements, codified at Chapter 20.26 of the Port Orchard Municipal Code (POMC); and WHEREAS, the City Council desires to adopt the amendments to those regulations set forth in this ordinance to enhance the City’s ability to utilize development agreements for the benefit of the City and public; and WHEREAS, this Ordinance was submitted to the Department of Commerce for review on April 2, 2020, and review was granted on April 3, 2020; and WHEREAS, on April 17, 2020, the City’s SEPA official issued a determination of nonsignificance for the proposed revisions, and there have been no appeals; and WHEREAS, the Planning Commission conducted a public hearing on the substance of this Ordinance on XXXX, and recommended adoption by the City Council; and WHEREAS, the City Council, after careful consideration of the recommendation from the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent with the City’s Comprehensive Plan and development regulations, the Growth Page 103 of 189 Ordinance No. _______ Page 2 of 13 Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of the City and further advance the public health, safety and welfare; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and incorporated as findings in support of this Ordinance. SECTION 2. Section 20.22.020 of the Port Orchard Municipal Code is hereby amended to add a footnote “2” and read as follows: 20.22.020 Determination of types – Table. (1) Determination of Proper Decision Type. The director shall determine the proper review procedure for all land use and development permit applications and actions. If there is a question as to the appropriate type of process, the director shall resolve it in favor of the higher process type number. (2) Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by the code. The applicant may determine whether the application shall be processed collectively or individually. If the application is processed under the individual procedures option, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure. If the individual procedure option is chosen, the applicant will be eligible for any fee reduction contained in the current fee schedule. Table 20.22.020 – Permit Review Type Classifications Type I Director Decision Judicial Appeal Type II Director Decision HE Appeal Type III HE Decision Judicial Appeal Type IV City Council Decision Judicial Appeal Type V City Council Decision GMHB Appeal Building Permit1 (Subtitl e X of this title) Binding Site Plan, Final Short Plat, Preliminary, Alteration of Preliminary, Alteration of Final, Vacation Preliminary Plat, Preliminary Plat Major Modifications, Alteration of Final, Vacation of Final Final Plat (Chapter 20.90 POMC) Site-Specific Rezone without Comprehensive Plan Development Agreement (Chapter 20.26 POMC) Comprehensive Plan Page 104 of 189 Ordinance No. _______ Page 3 of 13 Table 20.22.020 – Permit Review Type Classifications Type I Director Decision Judicial Appeal Type II Director Decision HE Appeal Type III HE Decision Judicial Appeal Type IV City Council Decision Judicial Appeal Type V City Council Decision GMHB Appeal (Chapter 20.94 POMC) Preliminary Plat – Minor Modifications (Chapter 20.88 POMC) Minor Land Disturbing Activity Permit (Chapter 20.140 POMC and POMC 20.150.1 00) Boundary Line Adjustment (Chapter 20.84 POMC) Code Interpretation (Chapter 20.10 POMC) Legal Nonconforming Permit (Chapter 20.54 POMC) Short Plat, Final (Chapter 20.86 POMC) Sign Permit (if SEPA not required) (Chapter 20.132 POMC) of Final (Chapters 20.86 and 20.96 POMC ) Temporary Use Permit (Chapter 20.58 P OMC) Binding Site Plan – Preliminary, Alteration of Preliminary, Alteration of Final, Vacation of Final (Chapter 20.94 P OMC) Stormwater Drainage Permit (Chapter 20.150 POMC) Sign Permit (if SEPA required) (Chapter 20.132 POMC) Shoreline Substantial Development Permit, Administrative (Chapter 20.164 POMC) (Chapters 20.88 and 2 0.96 POMC) Variance (Chapter 20.28 POMC) Conditional Use Permit (Chapter 20.50 POMC) Shoreline Substantial Development Permit, Conditional Use Permit, and Nonadministrative Variance (Chapter 20.164 POM C) Planned Residential Developments Comprehensive Sign Design Plan Permits Final Plat – Alteration or Vacation (Chapter 20.96 POMC) View Protection Overlay District (VPOD) Variance (POMC 20.38.860) Amendment (Chapter 20.42 POMC) Amendment – Land Use Map Amendment, Text Amendment (Chapter 20.04 POMC) Legislative Zoning Map Amendment (Chapter 20.06 POMC) POMC Title 20 Code Amendment (Chapter 20.06 POMC) Annexations2 Page 105 of 189 Ordinance No. _______ Page 4 of 13 Table 20.22.020 – Permit Review Type Classifications Type I Director Decision Judicial Appeal Type II Director Decision HE Appeal Type III HE Decision Judicial Appeal Type IV City Council Decision Judicial Appeal Type V City Council Decision GMHB Appeal Sign Variance (Chapter 20.132 POMC) Shoreline Permit Exemption (Chapter 20.164 POMC) Temporary Use Permit, Extension (Chapter 20.58 POMC) Major Land Disturbing Activity Permit (Chapter 20.140 POMC and POMC 20.150.10 0) Variance – Administrative (Chapter 20.28 P OMC) Untyped review and decision actions: preapplication meeting (Chapter 20.24 POMC), design review board review and recommendation (POMC 20.127.030), tax exemption for multifamily development (Chapter 3.48 POMC), capacity reservation certificate (Chapter 20.180 POMC), public works design variation, right-of-way permit (Chapter 12.04 POMC), street use permit (Chapter 12.24 POMC), water/sewer connection permit (Chapter 13.04 POMC). 1 If a building permit application does not require SEPA review, no public notice is required. If a building permit application requires SEPA review, public notice shall be provided consistent with the requirements for Type II applications pursuant to Chapter 20.25 POMC. 2 A Development Agreement that is consolidated with a Type I, II, III, or IV project permit application may be appealed pursuant to chapter 36.70C RCW. SECTION 3. Amendment. Chapter 20.26 of the POMC is hereby amended to read as follows: POMC 20.26 PERMITTING AND DEVELOPMENT APPROVAL – DEVELOPMENT AGREEMENTS DEVELOPMENT APPROVAL – DEVELOPMENT AGREEMENTS Page 106 of 189 Ordinance No. _______ Page 5 of 13 Sections: 20.26.010 Intent and discretionary nature. Purpose and authority. 20.26.020 Form of agreement, effect and general provisions. 20.26.030 Application requirements. 20.26.040 Phasing. 20.26.050 Processing procedures and appeals. 20.26.060 Discretionary legislative action. 20.26.070 Unauthorized fees prohibited. 20.26.010 Intent and discretionary nature. Purpose and authority. The purpose of this chapter is to authorize the use of development agreements, consistent with RCW 36.70B.170 through 36.70B.210. The city may, but under no circumstances is required to, enter into a development agreement with a person having ownership or control of real property within the city. The development agreement may address such project elements as those set forth herein, pursuant to RCW 36.70B.170B(3). The development agreement shall be consistent with the applicable development regulations of the city. The consideration provided by the property owner for the city’s decision to enter into the development agreement may vary, depending on the benefit the development agreement will provide to the city and/or the public in general. 20.26.020 Form of agreement, effect and general provisions. (1) Form. All development agreements shall be on the standard form approved in advance by the city attorney for this purpose. A development agreement shall set forth the development standards and other provisions that apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. (a) For the purposes of this chapter, “development standards” may include, but are not limited to: i. Project elements such as residential densities, nonresidential densities and intensities or building sizes; ii. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, Page 107 of 189 Ordinance No. _______ Page 6 of 13 other financial contributions by the property owner, inspection fees, or dedications; iii. Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW; iv. Design standards such as maximum heights, setbacks, landscaping, and other development features; v. Affordable housing; vi. Parks and open space preservation; vii. Phasing; viii. Review procedures and standards for implementing decisions; ix. A build-out or vesting period for applicable standards; and x. Any other development requirement or procedure deemed appropriate by the City Council. (b) In order to encourage innovative land use management and provide flexibility to achieve public benefits, a development agreement adopted pursuant to this chapter may impose development standards that differ from the following development regulations of the Port Orchard Municipal Code, provided that any development standards imposed by the development agreement shall be consistent with the comprehensive plan: i. Chapter 20.08 Vesting ii. Chapter 20.12: Definitions iii. Chapter 20.30: Introduction of Zoning, Land Uses, and Building Types iv. Chapter 20.32: Building Types v. Chapter 20.33: Greenbelt Districts vi. Chapter 20.34: Residential Districts vii. Chapter 20.35: Commercial and Mixed-Use Districts viii. Chapter 20.36 Industrial Districts ix. Chapter 20.37: Civic and Open Space Districts x. Chapter 20.38 Overlay Districts xi. Chapter 20.39: Use Provisions xii. Chapter 20.40: Site and Lot Dimensions xiii. Chapter 20.41: Site and Lot Development xiv. Chapter 20.54: Non-Conformities xv. Chapter 20.68: Accessory Dwelling Units xvi. Chapter 20.80 Subdivision – General Provisions xvii. Chapter 20. 82 Administration and Enforcement xviii. Chapter 20. 84 Boundary Line Adjustments xix. Chapter 20.86: Short Subdivisions xx. Chapter 20.88: Subdivisions – Preliminary Plats xxi. Chapter 20.90: Subdivisions – Final Plats xxii. Chapter 20.94: Binding Site Plans xxiii. Chapter 20.96: Vacation and Alteration of Final Plans and Short Plats xxiv. Chapter 20.98 Improvements xxv. Chapter 20.100 Development Standards – Subdivision Design Page 108 of 189 Ordinance No. _______ Page 7 of 13 xxvi. Chapter 20.120 Development Standards General Provisions xxvii. Chapter 20.122: Building Elements xxviii. Chapter 20.124: Development Standards – Parking and Circulation xxix. Chapter 20.127: Design Standards xxx. Chapter 20.128: Landscaping xxxi. Chapter 20.129: Significant Trees xxxii. Chapter 20.139: Residential Design Standards xxxiii. Chapter 20.162: Critical Areas Regulations xxxiv. 20.164 Shoreline Master Program xxxv. Chapter 20.182: Impact Fees (c) A development agreement shall not modify any provision of the Port Orchard Municipal Code that is not identified in subsection (b) of this section. (d) A development agreement may modify the provisions of the Port Orchard Municipal Code only if the City Council determines that the requested modifications are necessary to provide flexibility to achieve public benefits and provide superior outcomes than those that would result from strict compliance with the other applicable development standards. (e) Any approved development standards that differ from those other applicable development standards shall not require any further zoning reclassification, variance from City standards or other City approval apart from development agreement approval. (f) Subsequently adopted standards which differ from those in the development agreement shall apply to the subject site where necessary to address a serious threat to public health and safety or where the development agreement specifies a time period or phase after which certain identified standards may be modified. Building permit applications shall be subject to the building and construction codes in effect when the building permit application is deemed complete. (2) Decision Type. Development agreements are a Type V action and shall be reviewed and approved pursuant to the procedures in Chapter 20.22 POMC and this chapter, except that if the development agreement is consolidated with a new or pending Type I, II, III or IV project permit application as defined in RCW 36.70B.020, the City Council’s decision to approve, deny, or modify the development agreement may be appealed pursuant to chapter 36.70C RCW. (3) Effect. Development agreements are not project permit applications and are not subject to the permit processing procedures in Chapter 36.70B RCW or Chapter 20.24 POMC. A development agreement shall constitute a binding contract between the city and the property owner and the subsequent owners of any later-acquired interests in the property identified in the development agreement. A development agreement governs the project identified in the development agreement during the term of the development agreement, or for all or that part of the build-out period specified in the development agreement, and may not be subject to an amendment to a zoning ordinance or development standard adopted after the effective date of the agreement, except as set forth in this chapter. A permit or approval issued/granted by the city after execution of a valid development agreement must be consistent with the development agreement. Page 109 of 189 Ordinance No. _______ Page 8 of 13 (34)Limitations. (a) A development agreement shall be limited to a 20-year term if any provision of the agreement requires the city to: (i) Refrain from exercising any authority that it would have otherwise been able to exercise in the absence of the development agreement; (ii) Defer application to the subject property of any newly adopted development regulations that would otherwise apply to the property identified in the agreement; or (iii) Allow vesting beyond the applicable deadlines for a phased development. (b) The development agreement shall also contain a proviso that the city may, without incurring any liability, engage in action that would otherwise be a breach if the city makes a determination on the record that the action is necessary to avoid a serious threat to public health and safety, or if the action is required by federal or state law. (c) The full costs of drafting and processing the development agreement shall be reimbursed by the owner or applicant prior to final City Council action on the agreement to the extent such costs exceed the initial application fee. (45) Developer’s Compliance. The development agreement shall include a clause stating that the city’s duties under the agreement are expressly conditioned upon the property owner’s substantial compliance with each and every term, condition, provision and/or covenant in the development agreement, all applicable federal, state, and local laws and regulations and the property owner’s obligations as identified in any approval or project permit for the property identified in the development agreement. (56) No Third Party Rights. Except as otherwise provided in the development agreement, the development agreement shall create no rights enforceable by any party who/which is not a party to the development agreement. (67) Liability. The development agreement shall include a clause providing that any breach of the development agreement by the city shall give right only to damages under state contract law and shall not give rise to any liability under Chapter 64.40 RCW, the Fifth and Fourteenth Amendments to the U.S. Constitution, or similar state constitutional provisions. (78) Termination, and Modification and Extension. Every development agreement shall have an identified, specific termination date. Upon termination, any further development of the property shall conform to the development regulations applicable to the property at the time of permit Page 110 of 189 Ordinance No. _______ Page 9 of 13 application. The city shall not modify any development agreement by extending the termination date unless the City Council makes legislative findings that the additional benefits to the City provided by the Developer in exchange for such extension of the development agreement outweigh the impacts from the development authorized by the extension. In no case shall an extension include the extension of provisions that are inconsistent with State or Federal law at the time of such extension. Any request for a modification shall be consistent with the city’s development regulations applicable to the property at the time of the request, not the original execution date of the development agreement. Any extensions granted shall be for no more than a length of ten (10) years. No more than two (2) extensions of up to ten (10) years shall be granted. Extensions may not be granted unless an application for an extension is made no later than one hundred and eighty (180) days prior to the termination date in the development agreement or prior to the termination of any extension of a development agreement. 20.26.030 Application requirements. Any owner of real property may, personally or through an agent, apply complete application for a development agreement shall consist of by filing with the department of community development the following: (1) Name, address, telephone number and email address (if any) of the property owner. If the applicant is not the property owner, the applicant must submit a verified statement from the property owner that the applicant has the property owner’s permission to submit the application; (2) Address, parcel number and legal description of the property proposed to be subject to the development agreement; (3) Recent title report confirming that the property identified in the application is owned by the applicant/property owner; (4) Identification of any application (project permit application, comprehensive plan amendment application, development regulation amendment application) that is related to the proposed development agreement; (5) SEPA checklist, if applicable; (6) Two sets of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property, as shown in the records of the county assessor for the subject property, within 300 feet of each boundary of the subject property; (7) A copy of the county assessor’s map identifying the properties specified in the preceding subsection; Page 111 of 189 Ordinance No. _______ Page 10 of 13 (86) A completed application form and the application fee established by the city for this purpose; and (97) Any other information requested by the community development director relevant to the processing of the development agreement. 20.26.040 Phasing. (1) In order to phase a project to extend the vested rights associated with an underlying project permit application, a development agreement is required. This ensures the availability of public facilities and services to all of the property in the identified individual phases, allows tracking of the available capacity of public facilities and utilities during each phase of construction, and with the extension of the vested rights associated with the project, provides certainty to the developer in the subsequent development approval process. (2) The deadlines in the city’s code relating to each type of project permit application must be consulted to establish the baseline vesting period. The city is not required to extend the vesting period. If the city decides to do so through a development agreement, it must be in exchange for the property owner’s provision of corresponding benefits to the city in the form of, for example, contributions to public facilities and amenities over and above what would normally be required. In any event, the city shall not allow vesting to extend beyond the established 20-year period after approval of the project permit application unless the development agreement is extended in accordance with POMC 20.25.020(8). (3) A development agreement for a phased development (such as a subdivision) shall include (in addition to all of the information in POMC 20.26.030), all of the following: (a) Identification of the phasing schedule; (b) Identification of the number of phases and all lots included in each phase; (c) Identification of the approximate dates for construction of public streets, public utilities and other improvements in each phase; (d) Identification of the approximate dates for commencement of development of each lot, lot sales and building occupancy; (e) Identification of the benefits that the property owner will provide to the city in exchange for permission to phase the development according to the proposed schedule; (f) Establishment of the deadline for the property owner to submit development applications, including building permit applications, for each phase; Page 112 of 189 Ordinance No. _______ Page 11 of 13 (g) A description of the manner in which each phase is designed such that all site requirements are satisfied independently of phases yet to be given final approval and constructed; (h) A description of the manner in which the property owner will ensure that adequate public facilities are available when the impact of development occurs. The property owner shall acknowledge in the development agreement that if the demand for public facilities or services needed to accommodate a subsequent development phase increases following the issuance of a development permit for a prior phase in the approval process, or if public facilities or services included in a concurrency or SEPA determination are not constructed as scheduled in the city’s capital facilities plan, final development approval may have to be delayed for future phases pending the achievement of the adopted levels of service. 20.26.050 Processing procedures and appeals. (1) Development agreements are not “project permit applications” as defined in RCW 36.70B.020(4). Therefore, there is no deadline for processing a development agreement. (2) A development agreement must may be submitted for review in conjunction with a at least one land use and development permit for the underlying project. The development agreement application may be consolidated for processing with the underlying project permit application or other application for approval. Any development plan accompanying the development agreement shall be subject to the applicable project permit/approval application process set out in Title 20 of this code. The application shall not be deemed complete until a draft development agreement has been prepared and a development proposal conforming to the parameters of the development agreement and meeting all pertinent requirements has been submitted. If the development agreement is consolidated with a project permit application, the property owner must agree to waive the deadline in RCW 36.70B.080 and POMC 20.24.100 for issuance of a final decision on the underlying application, as well as the prohibition of no more than one open record hearing and one closed record hearing on the underlying project permit application in RCW 36.70B.060(3). (32) Public Notice and Public Hearing. (a) Notice of the public hearing shall be provided pursuant to POMC 20.22.070. (b) If the owner of the real property which is the subject of the development agreement owns another parcel or parcels of real property which lie adjacent to the real property included in the development agreement, notice under this subsection shall be given to owners of real property located within 300 feet of any portion of the boundaries of such Page 113 of 189 Ordinance No. _______ Page 12 of 13 adjacently located parcels of real property owned by the owner of the real property included in the development agreement. (c) The hearing on the development agreement shall be held pursuant to POMC 20.22.070, except that when the Development Agreement is processed as a legislative matter (i.e. not consolidated with a project permit), the City Council shall conduct the hearing itself and forgo a hearing and recommendation by the Planning Commission. Any requests associated with the project-specific development proposal requiring a public hearing by the hearing examiner shall be heard by the hearing examiner prior to City Council action on the development agreement. While the director or hearing examiner may provide a recommendation on a development agreement (even if the director or hearing examiner makes the final decision on the underlying project permit application), the city council shall make the final decision whether to approve a development agreement by ordinance after the public hearing. (d) Modifications to a development agreement shall be in writing, signed by the duly authorized representatives of the parties, be consistent with this chapter and, where considered substantive as determined by the director, follow the same procedures set forth in this chapter. (34) Appeal. A development agreement associated with an underlying project permit application may be appealed in the same manner and within the same deadline as the underlying project permit application. A development agreement associated with a legislative approval, such as a comprehensive plan amendment, may be appealed in the same manner and within the same deadline as the legislative approval. A modification of a development agreement pursuant to 20.26.020(8) that is consolidated with a new or pending Type I, II, III, or IV project permit application may be appealed pursuant to Chapter 36.70C RCW. (45) Recording Against the Property. The city shall record the development agreement against the property with the real property records of the Kitsap County auditor. During the term of the agreement, it is binding upon the owners of the property and any successors in interest to such property. 20.26.060 Discretionary legislative action. The decision of the city council to approve or reject a request for a development agreement shall be a discretionary, legislative act and an exercise of the city's police power and contract authority. 20.26.070 Unauthorized fees prohibited. Nothing in this Chapter is intended to authorize the City to impose impact fees, inspection fees, or dedications or to require any other financial contributions or mitigation measures except as expressly authorized by other applicable provisions of law. Page 114 of 189 Ordinance No. _______ Page 13 of 13 SECTION 3. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 5. Effective Date. This ordinance shall be published in the official newspaper of the city and shall take full force and effect five (5) days after the date of publication. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 13th day of October 2020. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte A. Archer, City Attorney Scott Diener, Councilmember Page 115 of 189 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7C Meeting Date: October 13, 2020 Subject: Adoption of a Resolution Approving a Prepared by: Charlotte Archer Contract with the South Kitsap School City Attorney District for COVID-19 Relief Atty Routing No.: Executive-Matter 3 Atty Review Date: September 18, 2020 Summary: The Washington State Department of Commerce has allocated funding from the Coronavirus Aid, Relief, and Economic Security Act (CARES) to the City of Port Orchard in the amount of $647,550. This funding (provided to the City on a reimbursement basis) may be used for necessary, unbudgeted expenses spent in response to the COVID-19 public health emergency during the period of March 1, 2020 thru November 30, 2020. According to the Washington Department of Commerce, eligible expenses include the purchase of protective equipment, as well as “expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions.” The City has identified the SKSD as a potential partner to utilize the CARES funding to reach individuals and families in need due to the COVID-19 pandemic and economic emergency. By this Resolution, the City Council would authorize funding to SKSD in the amount of $10,0000, for the purchase of protective equipment, “WIFI hotspots” and related technology for online learning, allowing school to occur remotely in compliance with state and local mandated precautions. Recommendation: Staff recommends adoption of a Resolution awarding grant funding to SKSD and authorizing the Mayor to execute an agreement with SKSD Relationship to Comprehensive Plan: N/A Motion for Consideration: I move to adopt a Resolution, declaring a public purpose, authorizing a grant award to the South Kitsap School District for COVID-19 relief, and authorizing the Mayor to execute an agreement with the District in a form acceptable to the City Attorney. Fiscal Impact: 10,000 from CARES Act allocated funding. Alternatives: Not provide grant funding to the SKSD, or modify the grant amount. Attachments: Resolution and Agreement. Page 116 of 189 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING A PUBLIC PURPOSE AND AUTHORIZING AN AGREEMENT WITH THE SOUTH KITSAP SCHOOL DISTRICT FOR CITY-FUNDED COVID-19 RELIEF. WHEREAS, on March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) which, among other things, amended Section 601(a) of the Social Security Act and established the Coronavirus Relief Fund into which Congress appropriated $150 billion to make payments for specified uses to States and certain local governments; and WHEREAS, the Coronavirus Relief Fund is available to reimburse government recipients for necessary expenditures incurred due to the COVID-19 public health emergency that were not accounted for in the government recipient’s most-recently appropriated budget and that were incurred during the emergency; and WHEREAS, guidance issued by the U.S. Treasury Department and Washington State Department of Commerce indicates that necessary expenditures incurred due to the COVID-19 public health emergency include expenses necessary to provide essential public services by educating the youth of the City by facilitating distance learning, including technological improvements to implement online learning models, in connection with school closings to enable compliance with COVID-19 precautions; and WHEREAS, the City Council desires to provide grant funding to the South Kitsap School District (“SKSD”) for procurement of personal protective equipment (PPE), “WIFI hotspots” and related technology for online learning for residents of Port Orchard, which the City Council finds bring a significant value to the residents of Port Orchard in response to the COVID-19 pandemic by allowing school to occur remotely in compliance with state and local mandated precautions, thereby serving these valid municipal purpose; and WHEREAS, the City Council finds that funding SKSD serves the valid municipal purposes identified here for the promotion of the health, safety and welfare of the City’s residents who are struggling due to the COVID-19 pandemic and the economic impact thereof; 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 finds that the South Kitsap School District is a qualified subrecipient for grant funding from the CARES Act funding, and this is a necessary and unbudgeted expenditure to ensure the performance of essential public services of educating the youth of the City by facilitating distance learning in response to the Page 117 of 189 Resolution No. ___ Page 2 of 2 COVID-19 pandemic. The City Council authorizes the expenditure of $10,000 from the general fund as payment to SKSD for these services. The City Council directs the Mayor or designee to seek reimbursement of this amount from the CARES Act funding allocated to the City. THAT: The Mayor is authorized to execute an agreement with SKSD for the services described herein, attached hereto as Exhibit A and incorporated herein by this reference. THAT: This Resolution shall be take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 13th day of October 2020. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 118 of 189 1 AGREEMENT BETWEEN THE CITY OF PORT ORCHARD AND SOUTH KITSAP SCHOOL DISTRICT FOR CARES PARTNERSHIP THIS AGREEMENT is entered into on this _____ day of September, 2020, by and between the City of Port Orchard, a Washington municipal corporation (“City”) and the South Kitsap School District, a Washington special purpose agency (“SKSD”). RECITALS A. On March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) which, among other things, amended Section 601(a) of the Social Security Act and established the Coronavirus Relief Fund into which Congress appropriated $150 billion to make payments for specified uses to States and certain local governments. B. The Coronavirus Relief Fund is available to reimburse government SKSDs for necessary expenditures incurred due to the COVID-19 public health emergency that were not accounted for in the government SKSD’s most-recently appropriated budget and that were incurred during the period between March 1, 2020 and December 30, 2020. C. Guidance issued by the U.S. Treasury Department indicates that necessary expenditures incurred due to the COVID-19 public health emergency include costs incurred to provide financial assistance to individuals and families directly impacted by a loss of income due to the COVID-10 public health emergency. D. The State of Washington determined to distribute a certain portion of its share of the CARES Act funds to Washington cities, including the City of Port Orchard, with such funds being administered through the Washington State Department of Commerce. E. The City has entered into an Interagency Agreement with the Washington State Department of Commerce, which governs the City’s receipt of the CARES Act funds allocated to the City, through the City’s request for reimbursement of eligible expenditures (the “Interagency Agreement”), attached hereto as Exhibit A and incorporated herein. Under the Interagency Agreement, the City’s reimbursable expenditures must be incurred during the period between March 1, 2020 and October 31, 2020 in order for the State of Washington to close out its contracts in time to meet the United States Treasury’s December 30, 2020 end date. F. SKSD provides essential public services by educating the youth of the City, and has faced a significant impact from the COVID-19 pandemic and associated safety measures taken by State and local governments, including costs related to implementing online learning models; and H. The City recognizes that public resources are necessary to help school districts impacted by the COVID-19 pandemic, and expenses to facilitate distance learning, including Page 119 of 189 2 technological improvements, in connection with school closings to enable compliance with COVID-19 precautions are eligible expenses under the Interagency Agreement; and I. The City desires to award SKSD a portion of its CARES Act funds to address unanticipated expenses incurred as a direct result of the COVID-19 pandemic for specified allowable expenses, as set forth herein. NOW, THEREFORE, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals/Exhibits. The recitals and referenced Exhibits are incorporated herein by this reference. 2. City’s Performance Obligations. The City shall provide to SKSD up to $10,000 in CARES Act funds, contingent on the terms and conditions herein (“Grant Funds”). 3. SKSD’s Performance Obligations. SKSD shall use the Grant Funds for the purchase of necessary PPE equipment and technological equipment to facilitate distance learning in connection with school closings by State and local agencies for the COVID-19 pandemic. Funding shall be utilized for this purpose by November 30, 2020, and any unused funds by that date shall be returned to the City. SKSD acknowledges that the Grant Funds may only be used to cover costs that are necessary expenditures incurred due to the COVID-19 public health emergency. All other expenditures of the funds are not permitted and are deemed “Ineligible Expenses.” a. No Use of Program Award Funds for Expenses Covered by Other Programs. The Agency shall not use Grant Funds to cover other expenses for which the Agency has received other federal, state or regional funds. b. SKSD understands that the funding for the grant under this Agreement comes solely as reimbursement of payments made by the City, from the State of Washington. The City has no independent obligation to provide SKSD with funds from any other source. c. If SKSD expends or otherwise uses Grant Funds on Ineligible Expenses, or is unable to utilize the Grant Funds within the timeframe set out in this Agreement, any remainder and the amount expended or used on the Ineligible Expenses shall be subject to recapture at the discretion of the City. SKSD agrees to repay to the City, within ten (10) days or such other the time period specified by the City, all remaining Grant Funds and/or all Grant Funds determined by the City to have been spent or otherwise used on an Ineligible Expense. In the alternative, the City may recapture such funds from payments due under this Agreement. 4. Time Period. SKSD shall utilize the Grant Funds for expenses incurred for the time period of March 1, 2020 to November 30, 2020. Page 120 of 189 3 5. SKSD’s Documentation of Expenditures SKSD shall provide the City of with a submittal in a form as the City requires (“Documentation”), including vendor invoices reflecting expenditures that identify the ways in which the Grant Funds were utilized in conformity with this Agreement. 6. Compliance with Federal, State and Local Laws; City’s Right to Recapture. SKSD shall comply with and obey all applicable federal, state, and local laws, regulations, and ordinances. Should SKSD’s spending of the Grant Funds be inconsistent with applicable laws, provisions of this Agreement, or otherwise inappropriate, the City shall have the right to the return of any portion of the Funds. a. The Parties agree that SKSD is a subrecipient for purposes of the Commerce Agreement. SKSD shall be subject to all requirements of the Commerce Agreement applicable to subrecipients and funding under this Agreement, and SKSD agrees to comply with all such terms, which are incorporated by reference herein. Pursuant to the Commerce Agreement, SKSD shall comply with 2 C.F.R. part 200, Subpart F, governing audit requirements for recipients of federal funding. b. Funds under this Agreement are made available and are subject to Section 601(a) of the Social Security Act, as amended by section 5001 of the CARES Act, and Title V and VI of the CARES Act. SKSD agrees that any publications, excluding press release, newsletters, and issue analyses, issued by SKSD describing the program or projects funded in whole or in part with federal funds under this Agreement shall contain the following statements: “This project was supported by a grant award by the Department of Treasury. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Treasury. Grant funds are administered by the Local Government Coronavirus Relief Fund through the Washington Department of Commerce.” c. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction. SKSD certifies, by signing this Agreement that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State department or agency. 7. Maintenance of Records. SKSD shall maintain accurate written records, including accounting records and proof of payment, books, documents, data and other evidence that reflects all of SKSD’s expenditures of Grant Funds. These records must be sufficient to demonstrate that the funds have been used in accordance with Section 601(d) of the Social Security Act. The City may at any time review the documentation to determine SKSD’s conformance with the requirements of the Program, and SKSD shall make available to the City, upon request, all of SKSD’s records and documents with respect to all matters covered by this Agreement. a. SKSD shall retain all records related to this Agreement for a period of six (6) years following the receipt of Grant Funds. These records, including materials generated under the contract, shall be subject at all reasonable times to inspection and review by the City, and to an audit by the Washington State Department of Commerce, personnel duly authorized by Page 121 of 189 4 Commerce, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. b. If any litigation, claim or audit is started before the expiration of the six (6) year period provided in Section 4(b) above, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 8. Termination. If SKSD fails to fulfil its obligations under this Agreement, the City may terminate this Agreement upon written notice to SKSD specifying the reason for termination and the date of termination, and may seek to recover any unused Grant Funds paid to SKSD. 9. No Employee Relationship. SKSD understands and acknowledges that neither SKSD nor any officer, employee or agent of SKSD shall be considered to be an employee of the City, nor entitled to any benefits accorded City employees, by virtue of the services provided under this Agreement. The City shall not be responsible for assuming the duties of an employer with respect to SKSD or any employee of SKSD. 10. Indemnification. SKSD shall indemnify and hold the City harmless against any claim or liability of any nature in connection with or arising in any manner out of this Agreement or SKSD’s receipt or use of Grant Funds. 11. Non-discrimination. SKSD shall conduct its business and use funds in a manner which assures fair, equal and non-discriminatory treatment of all persons, including maintaining open hiring and employment practices, and compliance with all requirements of applicable federal, state or local laws or regulations related to hiring and employment practices and providing services to all persons, without discrimination as to any person’s race, color, religion, sex, sexual orientation, disabled veteran condition, physical or mental handicap or national origin. 12. Conflict of Interest. No officer or employee of the City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 13. Complete Agreement. This Agreement sets forth the complete expression of the agreement between the Parties, and any oral representations or understandings not incorporated herein are excluded. 14. Waiver. Any waiver by SKSD or the City of the breach of any provision of this Agreement by the other party will not operate, or be construed, as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. 15. Modification. This Agreement may only be amended by written agreement signed by both Parties. Page 122 of 189 5 16. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void, insofar as it is in conflict with said laws, and the remainder of the Agreement shall remain in full force and effect. 17. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. Notices shall be sent to the following addresses: a. Notices to the City of Port Orchard shall be sent to the following address: City of Port Orchard Attn: Rob Putaansuu, Mayor 216 Prospect Street Port Orchard, WA 98366 b. Notices to the SKSD shall be sent to the following address: South Kitsap School District Attn: __________________ 2689 Hoover Ave SE Port Orchard, WA 98366 18. Assignment of Contract. The SKSD shall not assign this Agreement or its obligations hereunder without the prior written consent of the City. 19. Venue. This Agreement shall be governed by the law of the State of Washington and venue for any lawsuit arising out of this Agreement shall be in Kitsap County. 20. Interagency Agreement Amendments. The Parties acknowledge that Washington State may require or request changes to the Interagency Agreement or its requirements or provisions. Any changes or alterations to the Interagency Agreement terms and conditions that are applicable or relevant to this Agreement shall be incorporated into this Agreement by amendment of this Agreement, upon notice by the City to the SKSD. 21. Public Disclosure. All SKSD documents and records comprising the Agreement, and all other documents and records provided to the City by the SKSD, are deemed public records under the Washington Public Records Act, Ch. 42.56 RCW, and may be subject to disclosure by the City. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by SKSD, unless an exemption under the Public Records Act applies. Page 123 of 189 6 22. Disclaimer of Liability. Washington State Department of Commerce and the State of Washington are not liable for claims or damages arising from the SKSD’s performance of this Agreement. IN WITNESS WHEREOF, the City and the SKSD have executed this Agreement as of the date first above written. CITY OF PORT ORCHARD, WASHINGTON By:_______________________ Rob Putaansuu, Mayor Date:______________________ SOUTH KITSAP SCHOOL DISTRICT By:___________________________ Typed/Printed Name:__________________ Its:__________________________________ Date:_______________________________ APPROVED AS TO FORM: By:_______________________ Charlotte A. Archer, City Attorney Date: ________________________ Page 124 of 189 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7D Meeting Date: October 13, 2020 Subject: Adoption of a Resolution Approving an Prepared by: Noah Crocker Amendment to Contract No. 060-20 with the Finance Director Department of Commerce Related to the Atty Routing No.: Matter 7-Finance COVID-19 CARES Act Funds Atty Review Date: October 7, 2020 Summary: The economic shock from the coronavirus pandemic has been sudden and unprecedented. Within the span of just a couple weeks, many businesses and public gathering spaces were shut down statewide, consumer spending on non-emergency items plummeted, and initial unemployment filings shattered old records. The full effect of these impacts will not be known for some time, but it is clear they will be significant. The Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted March 27, 2020, to provide immediate relief in response to the COVID-19 pandemic and its unprecedented economic impacts. This is a massive and wide-ranging stimulus bill that includes significant aid for state and local governments. These distributions will be on a reimbursement basis using the Treasury Guidance for State, Territorial, Local and Tribal Governments (issued April 22, 2020; also see the Treasury Department's Coronavirus Relief Fund FAQs, updated most recently on May 28), and the Coronavirus Relief Funds for Local Governments Program Guidelines from the Washington State Department of Commerce (issued May 18, 2020). By Resolution No. 027-20, the City Council authorized the Mayor to execute an Interagency Agreement with the Department of Commerce for up to $431,700 of CARES Act funding, administered through the Department of Commerce, for expenses incurred in order combat COVID-19. In order to receive these funds the City was required to execute the Interagency Agreement, in a form required by the Department of Commerce. On August 31, 2020, Governor Inslee announced an additional allocation of funds for Washington’s local governments. The City of Port Orchard is eligible for an additional $215,850 of CARES Act funding and additional time to request reimbursement. Costs incurred due to the public health emergency with respect to COVID-19 during the period of March 1, 2020 thru November 30, 2020 are eligible for reimbursement from CARES Act funding. As a result of both allocations, the City of Port Orchard is eligible for up to a total of $647,550 of CARES Act funding, administered through the Department of Commerce. In order to pursue the additional funds, the City must execute an amendment to the Interagency Agreement with the Department of Commerce, again in a form required by the Department of Commerce. Page 125 of 189 Staff Report 7D Page 2 of 2 Recommendation: Staff recommends the City Council approve the Resolution authorizing the Mayor to execute the amendment to the Interagency Agreement with Department of Commerce related to the COVID-19 CARES Act Funding. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a Resolution authorizing the Mayor to enter into the amendment to the Interagency Agreement with Department of Commerce, related to the COVID-19 CARES Act Funds for Local Governments in Washington State. Fiscal Impact: $647,550 in potential CARES Act funding for the City Alternatives: Do not approve and provide alternative direction. Do not approve resolution and provide alternative guidance Attachments: Resolution, Ex. A – Amendment to the Interagency Agreement, and Interagency Agreement with CRF Program Guidelines. Page 126 of 189 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDMENT TO THE INTERAGENCY AGREEMENT WITH DEPARTMENT OF COMMERCE RELATED TO THE CARES ACT FUNDING DUE TO COVID-19. WHEREAS, the economic and public health impact from the coronavirus pandemic has been sudden and unprecedented; and WHEREAS, the City of Port Orchard has spent significant unbudgeted financial resources to combat and respond to COVID-19 for its employees, citizens and businesses; and WHEREAS, the City of Port Orchard was awarded $431,700 of CARES Act funding for local governments, administered through the Washington Department of Commerce, for costs incurred due to the public health emergence with respect to the COVID-19 during the period of March 1, 2020 thru October 31, 2020; and WHEREAS, on June 23, 2020, consistent with requirements from Commerce to access the allocated funds, the City Council adopted Resolution No. 027-20, authorizing the Mayor to execute an Interagency Agreement with Commerce; and WHEREAS, the City of Port Orchard eligibility for funds has since increased by $215,850 to a total amount up to $647,550 of CARES Act funding for local governments, administered through the Washington Department of Commerce, for costs incurred due to the public health emergence with respect to the COVID-19 during the period of March 1, 2020 thru November 30, 2020; and WHEREAS, the City of Port Orchard will continue to incur unbudgeted expenses due to COVID-19, and desires to seeking the additional funding provided by the CARES Act and the additional time to request for reimbursement; and WHEREAS, the Department of Commerce requires the City to execute an amendment to the Interagency Agreement with the Department prior to receiving the additional funds and the additional time extension, and the contract as amended covers the City’s rights and obligations under the program; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council authorizes the Mayor to execute an amendment to the Interagency Agreement with Department of Commerce related to the COVID-19 CARES Act Funds for Local Governments in Washington State program, attached hereto as Exhibit A and incorporated herein by this reference. Page 127 of 189 Resolution No. _______ Page 2 of 2 THAT: This Resolution shall be take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 13th day of October 2020. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 128 of 189 Amendment Department of Commerce Contract Number: 20-6541C-288 Amendment Number: A Washington State Department of Commerce Local Government Division Community Capital Facilities Unit Coronavirus Relief Fund for Local Governments 1. Contractor 2. Contractor Doing Business As (optional) City of Port Orchard 216 Prospect St PORT ORCHARD, Washington 98366-5326 3. Contractor Representative (only if updated) 4. COMMERCE Representative (only if updated) Heidi Draper Accounting Assistant III (360) 876-4407 hdraper@cityofportorchard.us Janet Eaton Project Manager (360) 725-3166 Fax 360-586-5880 janet.eaton@commerce.wa.gov PO Box 42525 1011 Plum St SE Olympia, WA 98504-2525 5. Original Contract Amount (and any previous amendments) 6. Amendment Amount 7. New Contract Amount $431,700.00 $215,850.00 $647,550.00 8. Amendment Funding Source 9. Amendment Start Date 10. Amendment End Date Federal: X State: Other: N/A: Date of Execution November 30, 2020 11. Federal Funds (as applicable): $647,550.00 Federal Agency: US Dept. of the Treasury CFDA Number: 21.019 12. Amendment Purpose: To provide additional funding for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) during the period of March 1, 2020 thru November 30, 2020. Final invoices must be received by December 15, 2020. COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract As Amended are governed by this Contract Amendment and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” – Budget & Invoicing, Attachment “C” – A-19 Certification, Attachment “D” – A-19 Activity Report. A copy of this Contract Amendment shall be attached to and made a part of the original Contract between COMMERCE and the Contractor. Any reference in the original Contract to the “Contract” shall mean the “Contract as Amended”. FOR CONTRACTOR FOR COMMERCE Rob Putaansuu, Mayor Date Mark K. Barkley, Assistant Director, Local Government Div Date APPROVED AS TO FORM ONLY Sandra Adix Assistant Attorney General 3/20/2014 Date Page 129 of 189 Amendment 2 This Contract is amended as follows: Contract amount has been increased by $215,850.00. Contract end date has been extended from October 31, 2020 to November 30, 2020. Final reimbursement request must be received by December 15, 2020. ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT. Page 130 of 189 )a%, Washington State Deoartment of Commerce Interagency Agreement with City of Port Orchard through For the Coronavirus Relief Fund for Local Governments costs incurred due to the public health emergency with respect to the Coronavirus Disease 20t9 (COVID-19) during the period of March t, 2020 thru October 31, 2020. Staft date: March L, 2020 Page 131 of 189 TABLE OF CONTENTS Special Terms and Conditions 1. Authority. 2. Acknowledgement of Federal Funding 3. Contract Management ........................ 4. Compensation.................. 5. Expenses.. 6. lndirect Costs.. 7. Billing Procedures and Payment......... 8. Audit... 9. Debarment..'10. 1aws........... 11 . Order of Precedence. General Terms and Conditions 1. 2. J. 4. 5. 6. 7. 8. q 10. 11. 12. IJ. 14. 15. 16. 17. 18. '19. 20. Definitions All Writings Contained Herein......... Amendments.................. Assignment Confidentiality and Safeg uarding of I nformation.... Copyright..... Disputes Governing Law and Venue lndemnification............... Licensing, Accreditation and Registration .... ".... "... Recapture Records Maintenance Savings Severability Subcontracting ................ Survival Termination for Cause Termination for Convenience.............. Termination Procedures Waiver........ 5 5 5 5 5 6 6 6 7 7 7 7 7 7 7 I 8 o B I Attachment A, Scope of Work ....... Attachment B, Budget & lnvoicing. Attachment C, A-1 9 Certification . ... Attachment D, A-19 Activity Report 10 12 '13 15 il Page 132 of 189 FACE SHEET Washington State Departmcnt of Commerce Local Government Division Community Capital Facilities Unit Coronavirus Relief Fund for Local Governments Contract Number; 20-65 4l C-288 l. Contractor City of Port Orchard 2l 6 Prospect St Port Orchard, Washington 98366-5326 2. Contrcctor Doing Business As (optional) 3. Contractor Representative Heidi Draper Accounting Assistant III (360) 876-4407 hdraper@cityofportorchard.us 4. COMMERCE Representative Karma Shannon Lawson Project Manager (360) 8r0-0185 Fax 360-586-5880 karma.shannon lawson@commerce.wa.gov P.O. Box 42525 l0l l Plum Street SE Olympia, WA 98504- 2525 5. Contract Amount $431,700.00 6. Funding Source Federal: X State: Other: N/A 7. Start Date March 1,2020 8. End Date October 31,2020 CFDA Number: 2 r.019 lndirect Rate (if appticable) 10.00% Federal Agency: US Dept. of the Treasury 9. Fcderal Funds (as applicable) $43 r,700.00 10. Tax ID # xxxxxxxxxxxxxx 11. swv # swv002s665-00 I2, UBI # I 82000005 13. DUNS # N/A 14. Contract Purpose To provide funds for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19)during the period of March 1,2020 thru October 31,2020. Final invoiies must be received by November 15,2020. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms ofthis Contract and Attachments and have executed this Contract on the date below and wariant they are authorized to bind theirrespective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the followingdocuments hereby irrcorporated by reference: Aftachment "A" - Scope of Work, Attachment ..8,, - Budget & Invoicing, Attachmeni"C" - A-19 Certification, Attachnrerrt ,.D,'- A-19 Activity Report FORCONTRACTOR Rob Putaansuu, u ro lLr Date FORCOMMERCE Director, Local Government Division Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORN EY GENERAI, O5-01-2020. APPROVAL ON FILE. Page 133 of 189 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 1, AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the lnterlocal Cooperation Act, Chapter 39.34 RCW. 2. ACKNOWLEDGMENT OF FEDERAL FUNDS 3. Funds under the Contract are made available and are subject to Section 601(a) of the Social Security Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), and Title V and Vl of the CARES Act. The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: "This project was supported by a grant awarded by US Department of the Treasury. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of the Treasury. Grant funds are administered by the Local Government Coronavirus Relief Fund thru the Washington State Department of Commerce." CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. COMPENSATION COMMERCE shall pay an amount not to exceed the contract amount listed on the Face Sheet for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work (Attachment A). EXPENSES Contractor shall receive reimbursement for allowable expenses as identified in the Scope of Work (Attachment A) or as authorized in advance by COMMERCE as reimbursable. Travel expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. INDIRECT COSTS6 Contractor shall provide their indirect cost rate that has been negotiated between their entity and the federal government. lf no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs (MTDC)will be used. 7 BILLING PROCEDURES AND P ENT COMMERCE shall reimburse the Contractor for eligible Project expenditures, up to the maximum payable under this Contract. When requesting reimbursement for expenditures made, Contractor shall submit all lnvoice Vouchers and any required documentation electronically through COMMERCE's Contracts Management System (CMS), which is available through the Secure Access Washington (SAW) portal. lf the Contractor has constraints preventing access to COMMERCE's online A-19 portal, a hard copy A-'1 9 form may be provided by the COMMERCE Project Manager upon request. 4. 5 State of Washington Department of Commerce Version 072019lnteragency Agreement Page 'lPage 134 of 189 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS The voucher must be certified by an official of the Contractor with authority to bind the Contractor. The final voucher shall be submitted to COMMERCE no later than November 15,2020. COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. The invoices shall describe and document, to COMMERCE's satisfaction, reimbursable expenditures as set forth under the Scope of Work (Attachment A) and Budget & lnvoicing (Attachment B). The invoice shall include the Contract Number as stated on the Face Sheet. Each voucher must be accompanied by an A-19 Certification (Attachment C) and A-19 Activity Report (Attachment D). The A-19 Certification must be certified by an authorized party of the Contractor to certify and attest all expenditures submitted on the voucher are in compliance with the United States Treasury Coronavirus Relief Fund ("Fund") Guidance for State, Territorial, Local, and Tribal Governments: httos://home.treasu rv.oov/svstem/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local- and-Tribal-Governments. pdf The A-19 Activity Report must be submitted which describes, in Excel spreadsheet and narrative form, a detailed breakdown of the expenditures within each applicable budget sub-category identified in the voucher, as well as a report of expenditures to date. COMMERCE will not release payment for any reimbursement request received unless and until the A-19 Certification and A-19 Activity Report is received. After approving the lnvoice Voucher, A-'19 Certification and Activity Report, COMMERCE shall promptly remit a warrant to the Contractor. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. d Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Should the Contractor be found to spent funds inconsistent with federal laws, rules, guidelines, or otheruvise inappropriately, it is the responsibility of the Contractor to reimburse Commerce for any amount spent on disallowed costs. 8. AUDIT Contractor shall maintain internal controls providing reasonable assurance it is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; and prepare appropriate financial statements, including a schedule of expenditures of federal awards. lf the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: State of Washington Department of Commerce Version 072019 Page 2 lnteragency Agreement Page 135 of 189 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor.B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. lf the Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources In any fiscal year, the Contractor shall notify COMMERCE they did not meet the single audit requirement. The Contractor shall send all single audit documentation to auditreview@commerce.wa.qov. 9. DEBARMENT A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or pedorming a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)of federalExecutive Order 12549; and iv. Have not within a three-year period preceding the signing of this Contract had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Contractor is unable to certify to any of the statements in this Contract, the Contractor shall attach an explanation to this Contract. C. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMITIERCE. D. The Contractor further agrees by signing this Contract that it will include the clause titled "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion-Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS The lower tier Contractor certifies, by signing this Contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the lower tier Contractor is unable to certify to any of the statements in this Contract, such contractor shall attach an explanation to this Contract. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 10. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: t. ii State of Washington Department of Commerce Version 0720'19 Page 3 lnteragency Agreement Page 136 of 189 SPECIAL TERMS AND CONDITIONS lNTERAGENCY AGREEMENT FEDERAL FUNDS United States Laws. Requlations and Circulars (Federal) Contractor shall comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Award, 2 CFR 200, Subpart F - Audit Requirements. Contractor shall comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation. Contractor shall comply with Omnibus Crime Control and Safe streets Act of '1968, Title Vl of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title ll of the Americans with Disabilities Act of '1990, Title lX of the Education Amendments of 1972, The Age Discrimination Act of '1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Par142, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. 11. ORDEROF PREGEDENCE ln the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: . Applicable federal and state of Washington statutes and regulations . SpecialTerms and Conditions . General Terms and Conditions . Attachment A - Scope of Work . Attachment B- Budget & lnvoicing . Attachment C - A-19 Certification . Attachment D - A-19 Activity Report State of Washington Department of Commerce Version 072019 Page 4 lnteragency Agreement Page 137 of 189 2 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 1, DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forlh below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal lnformation" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontracto/' shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3 AMEND MENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnelauthorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. TIAt5. CONFIDEN -ITY AND SAFEGUARDING O F INFORMATION A. "Confidential lnformation" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMIVERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential lnformation. The Contractor shall use Confidential lnformation solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential lnformation to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential lnformation is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential lnformation or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. State of Washington Department of Commerce Version 072019 Page 5 lnteragency Agreement Page 138 of 189 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential lnformation that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. ln the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor wlth respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7, DISPUTES ln the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAWANDVENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. State of Washington Department of Commerce Version 0720'19 Page 6 lnteragency Agreement Page 139 of 189 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents 10 LICENSING. ACCR ITAED N AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE ln the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. ln the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS NTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. lf any litigation, claim or audit ts started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. ln lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. lf any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. lf COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they State of Washington Department of Commerce Version 072019 Page 7 lnteragency Agreement Page 140 of 189 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. Contractor shall incorporate 2 CFR Part 200, Subpart F audit requirements into all subcontracts. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. ln no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE ln the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. lf corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. ln the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.9., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR GONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. lf this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree State of Washington Department of Commerce Version 072019 Page Ilnteragency Agreement Page 141 of 189 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. State of Washington Department of Commerce Version 0720'19 Page g lnteragency Agreement Page 142 of 189 Attachment A Scope of Work This funding is made available under section 601(a) of the SocialSecurityAct, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") and Section V and Vl of the CARES Act, for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-1 9). Under the CARES Act, the Coronavirus Relief Fund may be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); AND 2. Are not accounted for in the budget most recently approved as of March 27,2020 (the date of enactment of the CARES Act) for the State or government. These funds may be used to reimburse for expenditures incurred during the period of March 1,2020\hru Oct. 31 , 2020. Please note: ln order to ensure all funds have been fully utilized prior to the US Treasury's December 30,2020 end date, the State of Washington must closeout contracts by October 31,2020. All final requests for reimbursement must be received no later than November 15,2020. Expenditures must be used for necessary actions taken to respond to the public health emergency. These may include expenditures incurred to allow the local government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second- order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-'l 9-related business closures. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. Payments may be used only to cover costs not accounted for in the budget most recently approved as of March 27,2020. A cost meets this requirement if either: 1. The cost cannot lawfully be funded using a line item, allotment, or allocation within that budget; OR 2. The cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. The "most recently approved" budget is the enacted budget for the relevant fiscal period for the particular government. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Allowable expenditures include. but are not limited to: Medical expenses such as: a. COVID-19-related expenses of public hospitals, clinics, and similar facilities. b. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. c. Costs of providing COVID-19 testing, including serologicaltesting. d. Emergency medical response expenses, including emergency medical transportation, related to COVID-19. e. Expenses for establishing and operating public telemedicine capabilities for COVID-19-related treatment. 2. Public health expenses such as State of Washington Department of Commerce Version 072019 Page 10 lnteragency Agreement Page 143 of 189 Attachment A a. Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-l9.b. Expenses for acquisition and distribution of medical and protective supplies, including santtizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-l9 public health emergency.c. Expenses for disinfection of public areas and other facilities, e g , nursing homes, in response to the COVID-'19 public health emergency.d. Expenses for technical assistance to local authorities or other entities on mitigation of COVID- 19-related threats to public health and safety.e. Expenses for public safety measures undertaken in response to COVID-19.f. Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID- 19 public health emergency. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such AS:a. Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-'19 public health precautions.b. Expenses to facilitate distance learning, including technological improvements, in connection with schoolclosings to enable compliance with COVID-19 precautions.c. Expenses to improve telework capabilities for public employees to enable compliance with COVID-1 I public health precautions.d. Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions.e. COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions.f. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as:a. Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures.b. Expenditures related to a State, territorial, local, or Tribal government payroll support program.c. Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otheruyise. 6. Any other COVID-'lg-related expenses reasonably necessary to the function of government that satisfy the Fund's eligibility criteria. State of Washington Department of Commerce Version 072019 Page 1 1 lnteragency Agreement Page 144 of 189 Attachment B Budget & lnvoicing The Contractor shall determine the appropriate budget and use of funds within the following 6 budget categories and their sub-categories: 1. Medical 2. Public Health 3. Payroll4. Actions to Comply with Public Health Measures 5. Economic Support 6. Other Covid-19 Expenses The Contractor shall submit invoice reimbursement requests to the Commerce Representative using the Commerce Contract Management System's (CMS) Online A-19 Portal. Each reimbursement request must include: 1. A-19 Certification form - An authorized party of the local government will certify each invoice (A'19) submitted for reimbursement and attest that all incurred expenditures meet the US Treasury Department's guidance: https://home.treasurv.oov/svstem/files/1 36/Coronavirus-Relief-Fund- Gu idance-for-State-Territorial-Local-and-Tribal-Govern ments. pdf 2. A-19 Activity Report 3. A detailed breakdown of the expenditures incurred within each applicable budget sub-category on the A-19 Activity Report. The A-19 Certification and Activity Report templates will be provided with the executed contract. The documents are included in Attachment C and Attachment D for reference. Receipts and proof of payment for costs incurred do not need to be submitted with A-19s All contractors are required to maintain accounting records in accordance with state and federal laws. Records must be sufficient to demonstrate the funds have been used in accordance with section 601 (d) of the Social Security Act. Commerce reserves the right to audit any costs submitted for reimbursement. The Contractor shall comply with Commerce A-19 audits and provide the appropriate records upon request. State of Washington Department of Commerce Version 072019 Page 12 lnteragency Agreement Page 145 of 189 State of Washington Department of Commerce Attachment C Version 072019 Page 13 t l)n LOCAL GOVERNMENT CORONAVIRUS RELIEF FUNDS CERTIFICATION t,am the <TITLE> of <LOCAL GOVERiIMENT>, and I certify that: 1. I have the authority and approval from the governing body on behalf of the Local Government to request reimbursement from the Department of Commerce (Commerce) per contract number <COMMERCE CONTRACT NUMBED from the allocation of the Coronavirus Relief Fund as created in section 5001 of H.R.748, the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") for eligible expenditures included on the corresponding A-19 invoice voucher for report period <REPORT PERIOD FROM A-19>. 2. I understand that as additional federal guidance becomes available, a contract amendment to the agreement between Commerce and the Local Government may become necessary. 3. I understand Commerce will rely on this certification as a material representation in processing this reimbursement. 4. I certify the use of funds submitted for reimbursement frorn the Coronavirus Relief Funds under this contract were used only to cover those costs that: a. Are necessory expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. Wg,g not accounted for in the budget most recently approved as of March 27,2O2O; and c. were incurred during the period that begins on March 1, 2020, and ends on october 3L,2020. 5. lunderstandtheuseoffundspursuanttothiscertificationmustadheretoofficial federal guidance issued or to be issued on what constitutes a necessary expenditure. We have reviewed the guidance established by U.S. Department of the Treasuryr and certify costs meet the required guidance. Any funds expended by the Local Government or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the State of Washington. Footnote: I - Guidance ar,ailable at (4ri0,20:0) lnteragency Agreement aa ) 'lrcl'-Frmd-Gurdmce-for- Sra Page 146 of 189 State of Washington Department of Commerce Attachment C Version 072019 Page 14 LOCAL GOVERNMENT CORONAVIRUS RELIEF FUNDS CERTIFICATION Pagc 2 of2 5. I understand the Local Government receiving funds pursuant to this certification shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with 5200.333 Retention requirements for records of 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, ond Audit Requirements for Federol Awords (Uniform Guidance). Such documentation shall be produced to Commerce upon request and may be subject to audit by the State Auditor. 7. I understand any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected tax or other revenue collections. 8. I understand funds received pursuant to this certification cannot be used for expenditures for which the Local 6overnment has received any other emergency COVID- 19 supplemental funding (whether state, federal or private in nature) for that same expense. I certify that I have read the above certification and my statements contained herein are true and correct to the best of my knowledge. Printed Name Title Signature I Date: lnteragency Agreement Page 147 of 189 CRF A-19 Activity Fleport INSTRUCTIONS INSTRUCllONS: A completed CRF A-19 Certification and Activity Report must be submitted with each A-19 reimbursement request. The A-'19 Actlity Report must be submitted as an Excel spreadsheet. not a PDF. You must also include a detailed breakdown of the individual expenditures reported in Column F for each applicabh sub+ategory included on the A-19 Activfu Report. There are 6 primary budget categorres, 1. Medical Expenses 2. Public Health Expenses 3. Payroll expenses for public employees dedicated to COVID-I9 4" Expenses to facilitate compliance with COVID-19-rneasures 5. Economic Supports 6. Other COVID-I9 Expenses Each primary budget cateEory includes subrategories and proviles an option to add "othefl sub+ateoories not listed. Follorv the below instructions when completing the A-19 Activity Report 1 REPORT PERIOO - Enter the report period into Cell Dl of the A-19 Activity Report,a This should match the report period entered on the corresponding A-19. b Report period should include I'tl,llYY to ['lh{iYYYY. i,e. 03/20, hlarch 2020, 03,'2020. etc 2 COLUMN E - Enter the total amount of all previous reimbursement requests submitted to Commerce for each applicable sub-category. 3 COLUMN F - Enler the total amount beirq requested in the current reimbursement request for each applicable sub-category. 4 COLUMN H: USE OF FUNDS - You must include a general description of the use of the funds being requested for each applicable sub-category. Keep descriptions as concise as possible. but include adequate context to demonstrate how these funds helped address the COVID-19 emergency. lf applicable, please consider. a Providing a brief description of the specific activities performed" b ldentifying specific populations served. c ldentrfying specrfic programs created or utilized. d lncluding any known or intended outcomes. resuhs, or community impacts 5 OTHER SUB-CATEGORIES - Budget categories 1-5 include a placeholderto add an addrtional sub-category if neces5ary. a Enter a Title for other expenses added within the appropriate budget category.b Enter titles into Cells D10, D19, D27, D35, and D41.c There is only one "other" placeholder in each budget category section. Please combine muhiple "other" sub- categories added to the same budget category. 6 OTHER BUDGET CATEGORIES - Budget category 6 is where you should include any eligible expenditures that don't fall under budget categories 1 -5. a Enter a Title for these "other" expenses within budget category 6.b Enter titles into Cells Dtt4 - Drl8.c There are only 5 entry fields available within Budget Category 6 State of Washington Department of Commerce Attachment D Version 072019lnteragency Agreement Page 1 5 Page 148 of 189 coronavlrus RellstFund A-19 Aclivity Repod Beport Period; (s s q sI s s i--- - Tts -T I c. 0. E, F. Sub-Total: 1 frpenss Oth.r: EpSlc-"!c_y_TSqi_c! i!,s: covl0-19 tlstins,-ih(1.u4[rl_i!lo.]9s-i!ql-t9sJ!n-s- - - _ _ _ _ _ _ _ s ss s s s s ss s sub Total: E F. 6. c. o. 2 Pub[c Expenses to COV|Dl9 8. c. D E, F. G. 9pl._!-n_d-Tl_t[9!9!r!rylr-q!o-r-h-olr1.]c-s-3!9p-ul-!_t,-ol':__--- B. D. E- _e-.14-r'S!-!!!prid_|.qry_ql!_tgdl!.r-1..!.-.-r!-tg ggyL+l}Jf l-.!{_clp9ry!!tr!qo-u_[ty-]_.jl-r---_ Sub-Total: s 6 Other COVlDlg E, c. ?!yr-o!-s!ppg4!!qEr!9 oth..: 4 Expensei to facilitate compliance with coVlD-19'measures -r_.!Stoj!gleqqljt-qi-gf _D-u_b!ig_.!tplof _._.t__-_- 3 payrollexpenses for publlc employes 0. !!9_r!_+ryjc_!_5_ F, 5 EconomkSupports A !ln! ll _8_uI'Ji!:s_ 9FJ'J5- toJ _b_u! i!t!:r_ il!._.!qpJ'_oj': - - - - _ _ _ - _ a !-u!lj._la_f_eY_B lg!l]E- Ig.-l!h- Prevlously Reportcd Currant Exprnditurer thlc lnvolcc Totel Cumul.tiY.Eligible Exprnditures Brlef Oercrlptlon of Uae of Funde Iturrsndlturrg s sTOTAL: S Attachment D Version 072019 Page 1 6 State of Washington Department of Commerce lnteragency Agreement lqsldgr-ts_ _ Page 149 of 189 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7E Meeting Date: October 13, 2020 Subject: Adoption of a Resolution Amending Prepared by: Noah Crocker Resolution No. 029-20 to Increase the Finance Director Total Amount of Available Grant Funding, Atty Routing No.: N/A and to Approve an Amendment to Contract Atty Review Date: N/A No. 063-20 with the Kitsap Economic Development Alliance for Administration of the Port Orchard CARES Small Business Relief Grant Program Summary: On March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) which, among other things, amended Section 601(a) of the Social Security Act and established the Coronavirus Relief Fund into which Congress appropriated $150 billion to make payments for specified uses to States and certain local governments. Guidance issued by the U.S. Treasury Department indicates that necessary expenditures incurred due to the COVID-19 public health emergency include costs incurred to support local businesses that suffered losses due to COVID-19 business interruptions, or incurred costs for personal protective equipment or other materials, supplies and equipment needed to safely operate following a COVID-19-related closure. The Mayor and City Council believe a functioning local economy is critical to protect the health and wellbeing of Port Orchard residents. The failure of small businesses due to the pandemic will create a serious hardship on owners and individuals employed by those businesses and create additional financial burdens on government services by increasing demand for government support to individuals who are unemployed with limited sales tax revenue to fund additional services. Cognizant of the above, on July 14, 2020, by Resolution No. 029-20, the City Council established Port Orchard CARES, a Small Business Relief Grant Program, the focus of which is to provide short-term economic stability via monetary grants to qualifying businesses located within City limits. The Program provided a total of $100,000 in funding to qualifying business that met the specified program eligibility requirements, and an additional $2,000 for a non-profit service provider to administer of the program. By motion on July 14, 2020, the City Council authorized the Mayor to execute an agreement with Kitsap Economic Development Alliance (“KEDA”) to administer the Program. KEDA is a Washington nonprofit corporation with a mission to serve as a resource for businesses located in the City of Port Orchard, and to promote economic opportunities in Kitsap County. After extensive advertising and personal outreach to the City’s businesses, the City was able to reach dozens of businesses and exhaust the allocated funds in grants. Page 150 of 189 Staff Report 7E Page 2 of 2 On August 31, 2020, Governor Inslee announced an increase in allocated CARES Act funding to the City. By this Resolution, the City Council would increase the grant funding available for the Program to a total of $147,542 from the general fund, and to seek reimbursement of these funds through the CARES Act program. The City Council would also amend the existing agreement with KEDA to cover the additional grant management for these additional funds, and increase the total allocation for administrative costs to cover the additional work from $2,000 to an amount not to exceed $3,500 ($100 per grant awarded). Recommendation: Staff recommends amending Resolution No. 029-20 to increase the grant funding for the Port Orchard Cares, Small Business Relief Grant Program, and to authorize an amendment to the agreement with KEDA for the Program’s administration. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to adopt a Resolution amending the Port Orchard Cares, Small Business Relief Grant Program to increase the total amount of available grant funding, authorizing the Mayor to implement the Program as amended, and authorizing the Mayor to execute an amended contract with the Kitsap Economic Development Alliance for the administration of the Program.” Fiscal Impact: ~$150,842.00 of CARES Funding Alternative: Do not approve of Resolution and provide alternative guidance. Attachment: Resolution and Exhibit A thereto, Copy of Resolution No. 029-20. Page 151 of 189 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING RESOLUTION NO. 029-20, PORT ORCHARD CARES, A SMALL BUSINESS RELIEF GRANT PROGRAM IN RESPONSE TO THE NOVEL CORONAVIRUS (COVID-19). WHEREAS, On March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) which, among other things, amended Section 601(a) of the Social Security Act and established the Coronavirus Relief Fund into which Congress appropriated $150 billion to make payments for specified uses to States and certain local governments; and WHEREAS, the City received an allocation of CARES Act funding from the allocated funding for the state of Washington in May 2020, and on August 31, 2020, the Governor announced an increased allocation; and WHEREAS, On July 14, 2020, by Resolution No. 029-20, the City Council established Port Orchard CARES, a Small Business Relief Grant Program (the “Program”), the focus of which is to provide short-term economic stability via monetary grants to qualifying businesses located within City limits, and allocated $102,000 for the program; and WHEREAS, by motion the Council authorized the Mayor to execute a contract to form a partnership with the Kitsap Economic Development Alliance (“KEDA”), a Washington nonprofit corporation with a mission to serve as a resource for businesses located in the City, to administer the City’s Program; and WHEREAS, due to the increased funding allocated to the City, the City Council desires to increase the amount of funding available through the Program and amend the contract with KEDA to ensure the continued administration of the Program for these additional funds; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council hereby adopts the recitals expressed above as Findings of Fact in support of this Resolution. THAT: The City Council amends Resolution No. 029-20 to increase the amount of allocated City general funding for the Port Orchard Cares, Small Business Grant Relief Program, to a new total amount of $150,842.00, to be utilized for economic recovery response to the impacts resulting from the COVID-19 pandemic. The City Council specifically directs the Mayor to disseminate, in partnership with KEDA, a total of $147,542 to eligible small businesses pursuant to the program criteria set forth in Resolution No. 029-20, and $100 per application to KEDA to cover costs of administering Page 152 of 189 Staff Report 7E Page 2 of 2 the Program, up to a maximum amount of $3,500. The City Council further directs the Mayor to seek reimbursement from the CARES Act program for these expenditures. THAT: The City Council authorizes the Mayor to execute an amendment to the agreement with KEDA for administration of the Program attached hereto as Exhibit A and incorporated herein by this reference. THAT: The City Council directs the Mayor to adopt any necessary administrative processes to implement this resolution. The Mayor shall report to the Council any actions taken in accordance with this Resolution and shall do so with thirty (30) days of taking such an action. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 13th day of October 2020. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 153 of 189 AMENDMENT NO. 1 TO THE AGREEMENT FOR THE ADMINISTRATION OF THE PORT ORCHARD CARES SMALL BUSINESS RELIEF GRANT PROGRAM THIS AMENDMENT to the Agreement for the Administration of the Port Orchard CARES Small Business Relief Grant Program (“Agreement”) between City of Port Orchard, a Washington municipal corporation (“City”) and the Kitsap Economic Development Alliance (“KEDA”), a Washington nonprofit corporation, is made effective upon mutual execution. WHEREAS, the parties executed the Agreement for the administration of the Port Orchard CARES Small Business Relief Grant Program ( “Program”), which formalized a partnership between the City and KEDA for the performance of services as a subrecipient of the City’s allocated Coronavirus Relief Funds (CRF) from the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”); and WHEREAS, on September 1, 2020, the City received an additional CRF allocation, and desires to increase the grant funding available to small businesses under this Program, allow for continued administrative support to KEDA for the effectuation of the Program, and extend the timelines for the Program; and WHEREAS, the parties desire to amend the Agreement as described herein; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: A. Section 1 of the Agreement is amended to read as follows: 1. City’s Duties. The City shall provide the funding for the Port Orchard CARES Program, and shall make grant payments directly to selected grant recipients. The City shall pay to KEDA for its actual costs in administering the Program in an amount of $100 for each application processed, not to exceed a total of $3,500 2,000. Upon receipt of an invoice from KEDA the City agrees to pay this amount within thirty (30) days. B. Section 2 of the Agreement is amended to read as follows: 2. KEDA’s Duties. KEDA shall administer the Program as follows: *** H. KEDA shall ensure all Eligible Expenses by grant recipients are incurred between March 1, 2020 and October 31, 2020. Any expenses incurred before or after this period are not Eligible Expenses for Program Award Funds. KEDA agrees that all proposed grant recipients shall be submitted to the City for review on or before October 30 September 15, 2020, Page 154 of 189 and that all documentation required under this Agreement shall be submitted to the City no later than November October 1, 2020. *** C. Exhibit B is replaced with the version attached hereto as Attachment A. D. In all other respects, the Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth below. CITY OF PORT ORCHARD, WASHINGTON By:_______________________ Rob Putaansuu, Mayor Date:______________________ Kitsap Economic Development Alliance By:________________________________ Typed/Printed Name:__________________ Its:_________________________________ Date:_______________________________ APPROVED AS TO FORM: By:_______________________ Charlotte A. Archer, City Attorney Date: ________________________ Page 155 of 189 [Amended] Exhibit B to the Agreement with KEDA 1 AGREEMENT FOR THE RECEIPT OF FUNDS FROM PORT ORCHARD CARES, SMALL BUSINESS RENT RELIEF PROGRAM THIS AGREEMENT is entered into on this _____ day of __ 2020, by and between the City of Port Orchard, hereinafter “the City,” and __________________, recipient of a grant award under the Port Orchard Cares, Small Business Rent Relief Program, hereinafter “the Recipient.” RECITALS WHEREAS, on March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) which, among other things, amended Section 601(a) of the Social Security Act and established the Coronavirus Relief Fund into which Congress appropriated $150 billion to make payments for specified uses to States and certain local governments; and WHEREAS, the Coronavirus Relief Fund is available to reimburse government recipients for necessary expenditures incurred due to the COVID-19 public health emergency that were not accounted for in the government recipient’s most-recently appropriated budget and that were incurred during the period between March 1, 2020 and December 30, 2020; and WHEREAS, guidance issued by the U.S. Treasury Department indicates that necessary expenditures incurred due to the COVID-19 public health emergency include costs incurred to support local businesses that suffered losses due to COVID-19 business interruptions, or incurred costs for personal protective equipment or other materials, supplies and equipment needed to safely operate following a COVID-19-related closure; and WHEREAS, the State of Washington has decided to distribute a certain portion of its share of the CARES Act funds to Washington Cities, including the City of Port Orchard, with such funds being administered through the Washington State Department of Commerce; and WHEREAS, under the Washington State Department of Commerce Interagency Agreement with the City of Port Orchard through the Coronavirus Relief Fund for Local Governments reimbursable expenditures must be incurred during the period between March 1, 2020 and October 31, 2020 in order for the State of Washington to closeout its contracts in time to meet the United States Treasury’s December 30, 2020 end date; and WHEREAS, the City established the Port Orchard Small Business Rent Relief Program (“Program”), the focus of which is to provide short-term economic stability via monetary grants to qualifying businesses and community organizations located within City limits for rent relief; and WHEREAS, the City has determined the Recipient eligible for assistance under this Program. NOW, THEREFORE, the parties herein do mutually agree as follows: Page 156 of 189 [Amended] Exhibit B to the Agreement with KEDA 2 1. Award Amount and Eligible Expenses. The total amount to be awarded to Recipient under the Program is $_________ (“Program Award Funds”). Recipient shall use Program Award Funds only to pay or reimburse Recipient for business leasehold rent(s) (“Eligible Expenses”) incurred during the time period set forth in Section 2. Recipient agrees and acknowledges that the Program Award Funds shall be paid on behalf of the Recipient by the City directly to the landlord/owner identified on the supplied lease agreement. **Recipient Initial to Acknowledge: _____ Expenditure of Program Award Funds on Ineligible Expenses by the Recipient or landlord/owner shall be subject to recapture at the discretion of the City. The Recipient agrees to repay to the City, within thirty (30) days or such other the time specified by the City, all Program Award Funds determined by the City to have been spent by the Recipient on an Ineligible Expense. In the alternative, the City may recapture such funds from payments due under this Agreement, if any. 2. Time Period. All Eligible Expenses must be incurred by the Recipient between March 1, 2020 and October 31, 2020. Any expenses incurred before or after this period are not Eligible Expenses for Program Award Funds. The Recipient understands that any expenses incurred more than Program Award Funds are the Recipient’s sole responsibility and will not be paid by the City. 3. Compliance with Federal, State and Local Laws. The Recipient shall comply with and obey all applicable federal, state and local laws, regulations, and ordinances. Should the Recipient’s spending of the Program Award Funds be inconsistent with applicable laws, provisions of this Agreement, or otherwise inappropriate, the City shall have the right to the return of any portion of the Funds that are later determined to have been spent in violation of applicable laws. In the alternative, the City may recapture such funds from payments due under this Agreement. The City shall not exercise this right until it has given written notice of noncompliance with applicable laws or this Agreement to Recipient, and allowed Recipient a period of ten (10) days from the date of notice for Recipient to cure the noncompliance. The right of recapture provided in this section is in addition to and not in lieu of any right which Washington law provides for breach of contract. a. Requirement to Provide Accurate Information. The Recipient understands and acknowledges that providing false information on any documents submitted to the City or its designees as part of the Recipient’s participation in the Program may constitute fraud, and may be subject to civil and/or criminal penalties and/or sanctions. b. No Use of Program Award Funds for Expenses Covered by Other Programs. The Recipient shall not use Program award funds to cover payroll or other employee- related or business-associated costs for which the Recipient has received other federal, state or regional funds, including without limitation funds made available Page 157 of 189 [Amended] Exhibit B to the Agreement with KEDA 3 under the Payroll Protection Program (“PPP”) or unemployment insurance compensation. c. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction. Recipient certifies, by signing this Agreement that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State department or agency. 4. Maintenance of Records. The Recipient shall maintain accurate written records, including accounting records such as invoices, sales receipts, and proof of payment, books, documents, data and other evidence that reflects all of Recipient’s direct and indirect expenditures of Program Award Funds. These records must be sufficient to demonstrate that the funds have been used in accordance with Section 601(d) of the Social Security Act. The City may at any time review the documentation to determine the Recipient’s conformance with the requirements of the Program, and the Recipient shall make available to the City, upon request, all of the Recipient’s records and documents with respect to all matters covered by this Agreement. a. The City may require the Recipient to provide additional documentation if the existing documentation is deemed incomplete. b. The Recipient shall retain all records related to this Agreement for a period of six (6) years following the receipt of Program Award Funds. These records, including materials generated under the contract, shall be subject at all reasonable times to inspection and review by the City, and to an audit by the Washington State Department of Commerce, personnel duly authorized by Commerce, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. c. If any litigation, claim or audit is started before the expiration of the six (6) year period provided in Section 4(b) above, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 5. Kitsap Economic Development Alliance. The City is partnering with the Kitsap Economic Development Alliance (“KEDA”) to administer this Program. Recipients may be contacted by the KEDA regarding this Program and are encouraged to contact the KEDA with questions about the Program. 6. No Employee Relationship. The Recipient understands and acknowledges that neither the Recipient nor any officer, employee or agent of the Recipient shall be considered to be an employee of the City, nor entitled to any benefits accorded City employees, by virtue of the services provided under this Agreement. The City shall not be responsible for assuming the duties of an employer with respect to the Recipient or any employee of the Recipient. Page 158 of 189 [Amended] Exhibit B to the Agreement with KEDA 4 7. Indemnification. The Recipient shall indemnify and hold the City harmless against any claim or liability of any nature in connection with or arising in any manner out of this Agreement. In the event of any dispute between the Recipient and its employees, subcontractors or anyone with a claim to some or all of the Recipient’s Program award funds, the Recipient shall be responsible for resolution of any such claim and the City shall have no responsibility or obligation in the resolution process or outcome. The Recipient shall ensure that any sub-recipient of any Program award funds shall agree to defend and indemnify the City to the extent and on the same terms and conditions as the Recipient. 8. Non-discrimination. The Recipient shall conduct its business and use funds in a manner which assures fair, equal and non-discriminatory treatment of all persons, including maintaining open hiring and employment practices, and compliance with all requirements of applicable federal, state or local laws or regulations related to hiring and employment practices and providing services to all persons, without discrimination as to any person’s race, color, religion, sex, sexual orientation, disabled veteran condition, physical or mental handicap or national origin. 9. Complete Agreement. This Agreement sets forth the complete expression of the agreement between the Parties, and any oral representations or understandings not incorporated herein are excluded. 10. Waiver. Any waiver by the Recipient or the City of the breach of any provision of this Agreement by the other party will not operate, or be construed, as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. 11. Modification. This Agreement may only be amended by written agreement signed by both Parties. 12. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void, insofar as it is in conflict with said laws, and the remainder of the Agreement shall remain in full force and effect. 13. Notices. A. Notices to the City of Port Orchard shall be sent to the following address: City of Port Orchard Attn: Finance Director Port Orchard, WA B. Notices to the Recipient shall be sent to the following address: ____________________ ____________________ ____________________ ____________________ Page 159 of 189 [Amended] Exhibit B to the Agreement with KEDA 5 14. Assignment of Contract. The Recipient shall not assign this contract without the prior written consent of the City. 15. Venue. This Agreement shall be governed by the law of the State of Washington and venue for any lawsuit arising out of this Agreement shall be in King County. 16. Disclaimer of Liability. Washington State Department of Commerce and the State of Washington are not liable for claims or damages arising from the Recipient’s performance of this Agreement. IN WITNESS WHEREOF, the City and Recipient have executed this Agreement as of the date first above written. CITY OF PORT ORCHARD, WASHINGTON By:_______________________ Its: Mayor Date:______________________ RECIPIENT [Recipient’s Complete Legal Name] By:________________________________ Typed/Printed Name:__________________ Its:__________________________________ Date:_______________________________ ATTEST: Brandy Rinearson, City Clerk Date: APPROVED AS TO FORM: Charlotte A. Archer, City Attorney, Date: ________________________ Page 160 of 189 RESOLUTTON NO. 029-20 A RESOLUTION OF THE CIry OF PORT ORCHARD, WASHINGTON, ESTABLISHING PORT ORCHARD CARES, A SMALL BUSINESS RELIEF GRANT PROGRAM IN RESPONSE TO THE NOVEL coRoNAVr RUS (COV| D-191. WHEREAS, On March 27, 2020, the United States Congress adopted the Coronavirus Aid, Relief, and Economic Security Act ('CARES Act") which, among other things, amended Section 601(a) of the Social Security Act and established the Coronavirus Relief Fund into which Congress appropriated S150 billion to make payments for specified uses to States and certain local governments; and WHEREAS, The Coronavirus Relief Fund is available to reimburse government recipients for necessary expenditures incurred due to the COVID-19 public health emergency that were not accounted for in the government recipient's most-recently appropriated budget and that were incurred during the period between March L,2O2O and December 30, 2O2O; and WHEREAS, Guidance issued by the U.S. Treasury Department indicates that necessary expenditures incurred due to the COVID-19 public health emergency include costs incurred to support local businesses that suffered losses due to COVID-19 business interruptions, or incurred costs for personal protective equipment or other materials, supplies and equipment needed to safely operate following a COVID-19-related closure; and WHEREAS, the City Council believes a functioning local economy is criticalto protect the health and wellbeing of Port Orchard residents, as the failure of small businesses due to the pandemic rlryill create a serious hardship on owners and individuals employed by those businesses, and create additional financial burdens on government services by increasing demand for government support to individuals who are unemployed coupled with a substantial decrease in revenue for the City due to the pandemic; and WHEREAS, the City Council desires to establish Port Orchard CARES, a Small Business Relief Grant Program, the focus of which is to provide short-term economic stability via monetary grants to qualifying businesses located within City limits; and WHEREAS, the City Council finds that this program will serve a governmental purpose by wherein in exchange for cash allocations, qualified small businesses will be able to re-open and provide the City's residents with jobs, services and/or goods, and public services via tax revenue; and WHEREAS, the City Council has directed staff to build a program and utilize general funds for this program, and seek reimbursement from the CARES program; and WHEREAS, the City has limited resources, including limited available personnel, to administer the Program, and desires to partner with a qualified service provider capable of serving as grant administrator, selected due to its unique qualifications for the performance of Page 161 of 189 Resolution No. 029-20 Page 2 of 4 this service during this declared state of emergency; and WHEREAS, the City has developed the grant program and eligibility requirements, based on the requirements for use of funds established by the Washington Department of Commerce, the administrator for the CARES Act funding allocated to the City; and WHEREAS, the City shall allocate no more than $102,000 of CARES ACT funding for this program, with a maximum of 52,000 allocated to a service provider for the administration of the program and 5100,000 for the relief grants to small businesses; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council hereby adopts the recitals expressed above as Findings of Fact in support of this Resolution. THAT: The City Council hereby establishes the Port Orchard Cares, Small Business Grant Relief Program, and allocates City general funding in the amount of 5102,000 to be utilized for economic recovery response to the impacts resulting from the COVID-19 pandemic. The City Council specifically directs that the S10Z,OOO be disseminated pursuant to the program criteria attached hereto as Exhibit A. Final selection of the grant recipients shall be determined by the Mayor or designee, based on the parameters set forth in Exhibit A. Each individual grant recipient shall be required to execute a contract with the City memorializing the award, in a form acceptable to the City Attorney. THAT: The City Council directs the Mayor to adopt any necessary administrative processes to implement this resolution and attached policy, and in compliance with the provisions of state law. The Mayor shall report to the Council any actions taken in accordance with this Resolution and shall do so with thirty (30) days of taking such an action. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 14th day of July 2020. ansuu, Mayor P c('r r,) R a randy Rinearson, MMC, City Clerk 8At Page 162 of 189 Resolution No. 029-20 Page 3 of 4 Exhibit A - City of Port Orchard Port Orchard Cares Small Business Relief Grant Program Purpose The City of Port Orchard Small Business Relief and Recovery Grant Program is intended to ensure the economic health of the City of Port Orchard, and thereby improve the public health and welfare for Port Orchard's residents. The grant funded allocated hereunder is designed to help small businesses keep their doors open, protect local jobs threatened by the COVID-l9 pandemic, support community recovery, and increase the resiliency of local businesses in our community. Through the program, eligible small businesses operating in the City of Port Orchard have the opportunity to apply for cash assistance to help with rent and to mitigate the impacts of revenue reductions associated with COVID-L9. The City anticipates awarding eligible small businesses with a one-time cash grant of up to 55,000 based on justifiable need and business resiliency. Administration of Program The City shall supply the cash grants to qualifying small businesses, consistent with the criteria herein. Due to the City's limited personnel, to effectuate this policy, the City may enter into a services agreement with a qualified non-profit organization to facilitate the timely and effective dissemination of these funds to businesses. Criteria for Grant Funding: To be eligible for grant funding, a small business must meet the following criteria: o Must have a Port Orchard business license o Been in business for at least one year prior to the date of the application o Have a physical location in the City of Port Orchard on or before March t,2O2O o Have no more than 15 full-time equivalent employees. o Engage in a type of business eligible to receive funding by the US Small Business Administration: https://www.sba.-sov/partners/lenders/7a-loan-program/terms-conditions- el i gibi l it_y#section -header- I 5 o Ability to demonstrate loss of revenue due to COVID-19 (Priority given to businesses that were required to close due to the Governor's order) o Your business has reopened prior to the date of the application o lf you answer yes to all of the above your business may qualify Permitted Use of Grant Fundine: . Payment and/or reimbursement of business leasehold rents. Up to 6 months of rent from Aprilthru September 2020 up to 55,000 Page 163 of 189 Resolution No. 029-20 Page 4 of 4 Not Permitted Uses for Grant Funding: o Wages, bonuses or draws by you as the owner. (These expenses were eligible under the PPP loans) o Operating expenses other than rent o Businesses that received previous funding under the Working Washington Small Business Emergency Grant program or other local grants o Not eligible for months that landlord provided rent relief o Mortgage payments on owner occupied buildings o Landlord must not have any ownership in business o No homebased businesses Required Documentation From Applicants: o Application - As administered by the non-profit, all businesses seeking funding shall submit an application demonstrating that the business meets the above criteria. o Evidence of Lease and/or Declaration from Landlord evidencing lease o Documentation related to real estate holding company may be required Awards will be made to qualified small businesses applicants, through the execution of an Agreement between the grant recipient and the City. Awarded small businesses may be, through the Agreement, required to report on expenditures and outcomes through a one-time end of program report. Page 164 of 189 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7F Meeting Date: October 13, 2020 Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with Rice Fergus Miller, Inc. for Public Works Director the 2020-2021 Schematic Design (30%) Atty Routing No: N/A City Hall Improvement Project and Atty Review Date: N/A Documenting Procurement Procedures Summary: On January 31 and February 7, 2020, the City’s Public Works Department published a Request for Qualifications (RFQ) for the 2020-2021 Ad Ready (100% PS&E) City Hall Improvement Project, which included the Schematic (30%) and Design Development (60%) phases. By the February 28, 2020 deadline, five (5) Statements of Qualification (SOQ) were received. On March 10, 2020, upon completion of the Mandatory Bidder Responsibility Checklist and scoring/ranking of the five (5) SOQ’s received, City Staff selected the top three (3) qualified firms for interview. On July 22 and July 23, 2020, after a COVID 19-related hiatus, City Staff interviewed, score and then selected Rice Fergus Miller, Inc. for the Project. Public Works Staff then met with Rice Fergus Miller, Inc. to discuss, clarify and develop the Project Understanding, and on September 18, 2020, the City received a defined Scope of Work, Budget and Project Timeline for the Schematic (30%) Design Phase of the Project, in an amount not to exceed $104,000.00, plus reimbursable expenses (estimated at $2,500.) Recommendation: Staff recommends adoption of Resolution No. 041-20, thereby approving Contract No. C075-20 with Rice Fergus Miller, Inc. for the 2020-2021 Schematic (30%) City Hall Improvement Project in the amount of $106,500.00 and documenting the Professional Services procurement procedures. Relationship to Comprehensive Plan: Chapter 9 – Capital Facilities Motion for Consideration: I move to adopt Resolution No. 041-20, thereby approving Contract No. C075-20 with Rice Fergus Miller, Inc. for the 2020-2021 Schematic (30%) City Hall Improvement Project in the amount of $106,500.00 and documenting the Professional Services procurement procedures. Alternatives: Do not approve. Fiscal Impact: Funding provided ($300K) within the current and future 2021-2022 Biennial Budget. Attachments: Resolution No. 041-20, Contract No. C075-20, and RFM, Inc. Proposal (dated 9/18/2020). Page 165 of 189 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C075-20 WITH RICE FERGUS MILLER, INC. FOR THE 2020 – 2021 SCHEMATIC DESIGN (30%) CITY HALL IMPROVEMENT PROJECT AND DOCUMENTING PROFESSIONAL SERVICES PROCUREMENT PROCEDURES. WHEREAS, on January 31 and February 7, 2020, the City of Port Orchard Public Works Department published a Request for Qualifications (RFQ) for the 2020-2021 Ad Ready (100% PS&E) City Hall Improvement Project, including Schematic (30%) and Design Development (60%); and WHEREAS, by the February 28, 2020 deadline, the City’s Public Works Department received five (5) Statements of Qualification (SOQ) from qualified firms; and WHEREAS, on March 10, 2020, City Staff completed the Mandatory Bidder Responsibility Checklist for the five (5) qualified firms and upon scoring/ranking of the SOQ’s received, the City’s Public Works Department provided interview notifications to the top three (3) qualified firms; and WHEREAS, on July 22 and July 23, 2020, after a COVID19-related delay, City Staff interviewed the three (3) qualified firms, and upon interview scoring/ranking, the City’s Public Works Department selected Rice Fergus Miller, Inc. for the Project award and subsequently met to discuss, clarify and develop the Project Understanding (Scope, Budget and Timeline); and WHEREAS, on September 18, 2020, Rice Fergus Miller, Inc. provided the City’s Public Works Department with a viable Proposal; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute Contract No. C075-20 with Rice Fergus Miller, Inc. for the 2020-2021 Schematic Design (30%) City Hall Improvement Project. THAT: This Resolution shall be take full force and effect upon passage and signatures hereon. Page 166 of 189 Resolution No. ___ Page 2 of 2 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 13th day of October 2020. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 167 of 189 Page 168 of 189 Page 169 of 189 Page 170 of 189 Page 171 of 189 Page 172 of 189 Page 173 of 189 360-792-1385 Page 174 of 189 Page 175 of 189 Steve Rice Principal Page 176 of 189 Page 177 of 189 Page 178 of 189 Page 179 of 189 Page 180 of 189 Page 181 of 189 Page 182 of 189 Page 183 of 189 City of Port Orchard Council Meeting Minutes Regular Meeting of September 22, 2020 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Councilmember Ashby Present via Remote Access Councilmember Chang Present via Remote Access Councilmember Clauson Present via Remote Access Councilmember Cucciardi Present via Remote Access Councilmember Diener Present via Remote Access Councilmember Lucarelli Present via Remote Access Mayor Pro-Tem Rosapepe Absent Mayor Putaansuu Present via Remote Access Staff present via Remote Access: Public Works Director Dorsey, Utility Manager J. Brown, Finance Director Crocker, Community Development Director Bond, Code Enforcement Price, Operations Manager Lang, City Attorney Archer, Police Chief M. Brown, and City Clerk Rinearson. Mayor Putaansuu stated pursuant to the Governor’s Stay at Home, Stay Safe order, the City Council will be conducting the meeting via Zoom this evening. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to include a second executive session; also under Consent Agenda that we include excusing Councilmember Rosapepe; and remove agenda items 9 Reports of Council Committees, 10 Report of Mayor, and 11 Report of Department Heads. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. Page 184 of 189 Minutes of September 22, 2020 Page 2 of 6 4. CONSENT AGENDA A. Approval of Voucher Nos. 80412 through 80501 and 80508 through 80538, including bank drafts in the amount of $293,366.58 and EFT’s in the amount of $8,613.24 totaling $301,979.82. B. Approval of Payroll Check Nos. 80502 through 80507 including bank drafts and EFT’s in the amount of $236,493.05; and Direct Deposits in the amount of $179,211.54 totaling $415,704.59. C. NEW: Excusal of Councilmember Rosapepe MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the consent agenda as amended. The motion carried. 5. PRESENTATION A. Mrs. Washington 2020 Valerie St. John, Mrs. Washington American 2020, introduced herself and spoke about the Mrs. Washington program, her platform and community service. 6. PUBLIC HEARING A. Adoption of an Ordinance Amending the Sewer Capital Facilities Charge and Reinstating a Consumer Price Index Annual Adjustment Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing at 6:57 p.m. At 6:59 p.m., Mayor Putaansuu recessed the meeting for a 15-minute executive session pursuant to RCW 42.30.110(1)(i), to discuss legal risks of a proposed action or current practice with legal counsel, and to discuss litigation that the agency reasonably believes may be commenced by or against the agency. City Attorney Archer Community Development Director Bond were invited to attend, and Mayor Putaansuu announced action will follow. At 7:16 p.m., Mayor Putaansuu reconvened the meeting back into session. 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipal Code Section 13.04, Increasing the Sewer Capital Facilities Charge and Reinstating an Annual Consumer Price Index Adjustment MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt an ordinance amending Chapter POMC 13.04, increasing the Sewer Capital Facilities Charge and reinstating an annual CPI Adjustment. Page 185 of 189 Minutes of September 22, 2020 Page 3 of 6 The motion carried. (Ordinance No. 027-20) B. Adoption of an Ordinance Adopting the Ruby Creek Neighborhood Subarea Plan Councilmember Clauson noted that due to his employer Kitsap Transit is intending to develop property in that area he will recuse himself from this discussion. At 7:21 p.m., Councilmember Clauson recused himself from the meeting. Development Director Bond explained a couple minor discrepancies in the document and noted they will be corrected. MOTION: By Councilmember Diener, seconded by Councilmember Ashby, to adopt an ordinance adopting the Ruby Creek Neighborhood Subarea Plan as Appendix C of the City’s Comprehensive Plan, and adopting corresponding amendments to the City’s Zoning Map and to Chapters 20.31, 20.38 and 20.127 POMC. The motion carried. (Ordinance No. 028-20) Councilmember Clauson returned to the meeting at 7:30 p.m. C. Adoption of a Resolution Repealing Resolution No. 056-17 and Adopting Updated Procurement Policies and Procedures MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt a resolution repealing Resolution No. 056-17 and adopting the revised Procurement Policies and Procedures, as presented. The motion carried. (Resolution No. 042-20) D. Adoption of a Resolution Approving a Contract with Aqua Tech, LLC for the 2020-2021 McCormick Woods STEP System Retrofit MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt Resolution No. 039-20 authorizing the Mayor to execute Contract No. C059-20 with Aqua Tech LLC for the 2020- 2021 McCormick Woods STEP System Retrofit Project in the amount of $635,698.27, and documenting the Formal Competitive Bid Procurement Procedures. The motion carried. (Resolution No. 039-20 and Contract No. 059-20) Page 186 of 189 Minutes of September 22, 2020 Page 4 of 6 E. Adoption of a Resolution Approving a Contract with HDR Engineering, Inc. to Conduct a Study of Consolidating the McCormick Woods and Port Orchard Water Systems MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt a resolution authorizing the Mayor to execute a contract with HDR Engineering, Inc. for the McCormick Woods and City of Port Orchard Water System Consolidation Study, and documenting the Professional Services procurement procedures. City Attorney Archer pointed out section E, Allocation of Risk, which was added at the request of the engineering firm. The motion carried. (Resolution No. 043-20 and Contract No. 076-20) F. Adoption of a Resolution Authorizing Mayor or Designee to Initiate a Legal Action to Seek Abatement of Code Violations Occurring at SE Crawford Road MOTION: By Councilmember Chang, seconded by Councilmember Diener, to adopt a resolution authorizing the Mayor or designee to commence legal action against the owners of the vehicles and real property located at SE Crawford Road for all claims and damages appropriate to remediate the public nuisance conditions and code violations existing on said property. The motion carried. (Resolution No. 044-20) G. Adoption of a Resolution of a Resolution Authorizing Mayor or Designee to Initiate a Legal Action to Seek Abatement of Code Violations Occurring at 1743 SE Crawford Road MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to authorizing the Mayor or designee to commence legal action against the owners of real property located at 1743 SE Crawford Road for all claims and damages appropriate to remediate the public nuisance conditions and code violations existing on said property. The motion carried. (Resolution No. 045-20) H. Approve and Ratify the Mayor’s Second Extension of Proclamation of Local Emergency Pursuant to RCW 38.52.070 MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to approve of and ratify the Mayor’s Second Extension of the Proclamation of Local Emergency, dated the 13th of September 2020, pursuant to Port Orchard Municipal Code 2.80.210 and RCW 38.52.070. The motion carried. Page 187 of 189 Minutes of September 22, 2020 Page 5 of 6 I. Approval of the Public Participation Program for the South Kitsap Community Events Center Councilmember Clauson pointed out the document states notices will be published by the Port Orchard Independent, but Kitsap Sun is our official paper of record. Councilmember Lucarelli would like to see the South Kitsap Rotary listed. MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to approve the Public Participation Program for the South Kitsap Community Events Center and include the amendments as discussed. Councilmember Cucciardi said the document states Bremerton Conference Center, but it is the Kitsap Conference Center. The motion carried. J. Approval of an Agreement with STANLEY Convergent Security Solutions, Inc. for the Public Works Ancillary Facilities Security Improvements MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to authorize the Mayor to enter into an Agreement with STANLEY Convergent Security Solutions, Inc. for the Ancillary Facilities Security Improvements, Option 2 – Phase 1 Public Works Shop in the amount of $26,487, plus Phase 2 Water & Sanitary Sewer Facilities, in the additional amount of $27,090.86 (applicable tax included) for a total of $53,577.86. The motion carried. (Contract No. 034-20) K. Approval of Amendment No. 2 to Contract No. 023-19 with Transportation Solutions, Inc. Consultants for the Traffic Impact Fee Study Update MOTION: By Councilmember Ashby, seconded by Councilmember Diener, to authorize the Mayor to execute Amendment No. 2 of Contract No. C023-19 with TSI Consulting for the for the Traffic Impact Fee Study, in an amount not to exceed $7,000 (for a total amended contract amount of $32,000). The motion carried L. Approval of the September 8, 2020, Council Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the minutes as published. The motion moved. Councilmember Lucarelli abstained. Page 188 of 189 Minutes of September 22, 2020 Page 6 of 6 8. DISCUSSION ITEMS (No Action to be Taken) A. Capital Budget and Biennial Budget Finance Director Crocker provided a presentation of the Capital Projects Preliminary 2021-2022 Budget which included construction funds such as street construction, water construction, storm drainage construction, and sewer construction. Discussion was held regarding the presentation and the next steps. Council Direction: No direction was given to staff. B. Reservoir Cleaning Video Operations Manager Lang noted, the City has not yet received the video so this will be placed on a future agenda. Council Direction: No direction was given. 9. CITIZEN COMMENTS There were no citizen comments. 10. EXECUTIVE SESSION At 8:45 p.m., Mayor Putaansuu recessed the meeting for a 30-minute executive session to discuss legal risks of a proposed action or current practice with legal counsel pursuant to RCW 42.30.110(1)(i). City Attorney Archer, HR Coordinator Lund and Finance Director Crocker were invited to attend, and Mayor Putaansuu announced no action will follow. At 9:15 p.m., Mayor Putaansuu extended the executive session for an additional 54-minutes. At 10:09 p.m., Mayor Putaansuu reconvened the meeting back into session. 11. ADJOURNMENT The meeting adjourned at 10:09 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 189 of 189