11/24/2020 - Regular - PacketCity of Port Orchard Council Meeting Agenda
November 24, 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/89817211214
Zoom Meeting ID: 898 1721 1214
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 a Resolution Supporting the DWSRF 2020 Construction Loan
Application for the Development of Well #11 in the McCormick Woods
Water System (Dorsey) Page 4
D.Acceptance of a Grant from Association of Washington Cities (AWC-
RMSA) for a Stop Loss Prevention Grant (Rinearson) Page 19
E.Acceptance of a Grant from Kitsap Bank for the Chimes and Lights Event
(Rinearson) Page 22
F.Excusal of Councilmember Diener from the November 10, 2020, City
Council Meeting
5.PRESENTATION
A.South Kitsap Community Center Update (Rice Fergus Miller)
B.2021 Legislative Agenda (Weiss)
6.PUBLIC HEARING
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.
November 24, 2020, Meeting Agenda Page 2 of 3
A. Final Public Hearing on Proposed 2021/2022 Final Biennial Budget (Crocker) Page 28
B. Ordinance Amending Port Orchard Municipal Code Chapter 2.20 to Establish Planning Commission
Positions, Terms, Term Ending Dates and Meeting Requirements (Bond) Page 61
7. BUSINESS ITEMS
A. Adoption of an Ordinance Authorizing Positions of Building Official, Community Health Navigator,
Human Resources Manager, and Information Technology Support Specialist (Lund) Page 72
B. Adoption of an Ordinance Adopting the 2021/2022 Biennial Budget (Crocker) Page 78
C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 2.20 to Establish Planning
Commission Positions, Terms, Term Ending Dates and Meeting Requirements (Bond) Page 84
D. Adoption of a Resolution Documenting the Membership of the City Planning Commission by Positions
and Term Expiration Dates (Bond) Page 90
E. Adoption of a Resolution Adopting the 2021 Legislative Agenda (Mayor) Page 93
F. Adoption of a Resolution Approving a Contract with AtWork! Commercial Enterprise, LLC for 2021
Tremont Landscaping (Dorsey) Page 96
G. Continued: Approval of a Contract with South Kitsap Fire and Rescue to Share Funding for the
Community Health Navigator Position (M. Brown) Page 111
H. Approval of a Contract with Gordon Thomas Honeywell-Governmental Affairs for Lobbying Services
(Rinearson) Page 118
I. Approval of a Contract with Kitsap County Prosecuting Attorney for Prosecution of Municipal Criminal
Complaints and Civil Infractions (Rinearson) Page 129
J. Approval of a Contract with the City of Bremerton to Confirm the Service Areas for the City of
Bremerton and the City of Port Orchard Water Systems (Dorsey) Page 143
K. Approval of Memorandums of Understanding with the Police Guild Representing Patrol and with the
Police Guild Representing Sergeants to Extend Previous MOU’s Related to Hours of Work (Lund) Page
151
L. Approval of the November 10, 2020, City Council Meeting Minutes Page 153
8. DISCUSSION ITEMS (No Action to be Taken)
9. REPORTS OF COUNCIL COMMITTEES
10. REPORT OF MAYOR
11. REPORT OF DEPARTMENT HEADS
12. CITIZEN COMMENTS
(Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state
your name for the official record)
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 November 23, 2020; 5:00pm Remote Access
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned.
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required.
Meeting materials are available on the City’s website at: www.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.
November 24, 2020, Meeting Agenda Page 3 of 3
Economic Development and Tourism December 14, 2020; 9:30am – 2nd
Monday of each month
Remote Access
Utilities TBD, 2020 Remote Access
Sewer Advisory TBD, 2020 Remote Access
Land Use December 9, 2020; 4:30pm Remote Access
Transportation November 24, 2020; 5:00pm; 4th
Tuesday of each month
Remote Access
Lodging Tax Advisory TBD, 2021 Remote Access
Festival of Chimes & Lights November 30, 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: November 24, 2020
Subject: Adoption of a Resolution Supporting the Prepared by: Mark Dorsey, P.E.
DWSRF 2020 Construction Loan Public Works Director
Application for the Development of Well Atty Routing No.: 366922.0009 – PW
#11 in the McCormick Woods Water Atty Review Date: November 18, 2020
System
Summary: As part of the 2020 Drinking Water State Revolving Fund Loan Application for the
Development of Well #11 in the McCormick Woods Water System Project, the Washington State
Department of Health, Office of Drinking Water (ODW) requires the City Council to approve the City’s
submittal of the DWSRF application, the proposed project, and the estimated amount for funding. If
authorized by Council, by the November 30, 2020 deadline, the City of Port Orchard Public Works
Department will be submitting a 2020 Construction Loan Application request in the amount of
$5,000,000.00 for the Development of Well #11 in the McCormick Woods Water System Construction
and Construction Support phases of the Project. If successful, the ODW Funding will be available to
commence with the construction of the Development of Well #11 in the McCormick Woods Water
System Project in 2021.
Relationship to Comprehensive Plan: Chapter 7 Utilities
Recommendation: Staff recommends that the City Council adopt a Resolution thereby supporting the
City’s application for the 2020 Drinking Water State Revolving Fund Loan for the Development of Well
#11 in the McCormick Woods Water System Project.
Motion for Consideration: I move to adopt a Resolution thereby supporting the City’s application for the
2020 Drinking Water State Revolving Fund Loan for the Development of Well #11 in the McCormick
Woods Water System Project.
Fiscal Impact: Given that the development of Well #11 is required by the Purchase and Sale of Water
Agreement with the City of Bremerton, this project is necessary and the City of Port Orchard has already
drilled a pilot well and secured a Pumping Permit from the Washington State Department of Ecology for
750 gallons per minute and the City has executed contracts for well and treatment development and
design, the estimated $7,000,000 total cost will be reduced to $2,000,000 to be allocated within the
2021/2022 Biennial Budget ‘if’ the TIB Funding Application is successful.
Alternatives: Do not adopt and do not authorize the City to apply for the loan
Attachments: Resolution and Application Worksheet.
Page 4 of 157
RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
SUPPORTING THE DRINKING WATER STATE REVOLVING FUND LOAN
APPLICATION PROCESS FOR DEVELOPMENT OF WELL #11 IN THE
MCCORMICK WOODS WATER SYSTEM.
WHEREAS, the City desires to apply for the 2020 Drinking Water State Revolving
Fund Loan, administered by the Washington State Department of Health, Office of Drinking
Water (ODW), for the development of Well #11 in the McCormick Woods Water System
Project; and
WHEREAS, in order to be eligible for the loan, ODW requires evidence that the City Council
approved submittal of the DWSRF application, the proposed project, and the estimated amount
requested for funding; and
WHEREAS, by the November 30, 2020 deadline, the City of Port Orchard Public Works
Department will be submitting a Loan Application request in the amount of $5,000,000.00 for the
Development of Well #11 in the McCormick Woods Water System Project; and
WHEREAS, if successful, the ODW Funding will be available to commence with the
construction of the Development of Well #11 in the McCormick Woods Water System Project in
2021; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council fully supports the Washington State Department of Health, Office of
Drinking Water Loan Application process for the Development of Well #11 in the McCormick
Woods Water System Project.
THAT: This Resolution shall be take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage on this 24th day of November 2020.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Rinearson, MMC, City Clerk
Page 5 of 157
2020 Drinking Water
State Revolving Fund (DWSRF) Construction Loan
Application Worksheet
DOH Worksheet (Updated November 2020). 1
It is important that you read and understand the 2020 DWSRF Construction Guidelines before
you complete this application worksheet. All applications must be submitted using
the DWSRF online portal, WALT. Fields marked with an asterisk (*) are required fields.
Submittals must be received by November 30, 2020.
Submit questions to dwsrf@doh.wa.gov.
Registration - Organization Information
*Applicant Organization City of Port Orchard
*Address 1
216 Prospect Street
Address 2
*City Port Orchard State WA *Zip Code +4 (Link to USPS Zip Code Lookup) 98366-5326
*County Kitsap *Phone Number 360-876-4991
*Email publicworks@cityofportorchard.us *Federal Tax ID # 91-6001487 Organization Website Address www.cityofportorchard.us
Registration - Contact Information
*First Name
Jacki
*Last Name
Brown
*Phone Number
360-876-7048
*Email
jbrown@cityofportorchard.us
Address 1
216 Prospect Street
Address 2
*City
Port Orchard
State
WA
*Zip Code +4 (Link to USPS Zip Code Lookup)
98366-5326
Page 6 of 157
DOH Worksheet (Updated November 2020). 2
Applicant Organization Information
*Water System Name: McCormick Woods Water System *Water System ID#: 40529
*Data Universal Numbering System (DUNS) #: 08.193.2790 *Statewide Vendor #:00265665-00
*Central Contractor Registration (CCR) Expiration Date: Click here to
enter a date. *UBI#: 182-000-005
Initial Eligibility
ATTENTION: Answering NO to any of the following six questions or not providing documents requested will
make you ineligible. Please contact your regional planner or engineer if you have questions.
*Is your Water System Plan (WSP) or Small Water System Management Program (SWSMP) approved and current?
☒YES ☐ NO
*Have you uploaded a copy of the approval letter for applicant’s WSP or SWSMP?
☒YES ☐NO
Provide copy with application submittal
*Have you uploaded a copy of the page in the WSP or SWSMP that has the proposed project included?
☒YES ☐NO
Provide copy with application submittal
*If your project requires Water Rights (such as a new source) have you secured your Water Rights?
☒YES ☐ NO ☐N/A
Provide copy of applicable information with application submittal.
*Applicant owns project site or has ability to control site through easement or lease for at least the duration of
the loan?
☒YES ☐ NO
Provide copy of applicable information with application submittal. *Applicant has NO outstanding audit findings related to technical, managerial, or financial capacity?
☒YES ☐ NO
Project Information
*Project Name: Well 11 Development, Treatment, and Booster Pump Station *Brief Project Description (Max 500 Words):
Well 11 is located on the existing McCormick well/treatment/pumping site near the McCormick Woods
Golf Course. This project included the drilling of a new deep aquifer well. The well has been drilled but
has not yet been completed with a pump or connected to the water system.
When completed, Well 11 will allow for the decommissioning of existing shallow aquifer McCormick Wells
1 & 2,.and 3 will be retained as a monitoring and emergency well. The three wells currently have a
combined water right for 600 gpm. In exchange for pumping water from the deep aquifer with Well 11,
the City’s water right will increase to 750 gpm at this location.
The Well 11 improvements include:
Page 7 of 157
DOH Worksheet (Updated November 2020). 3
*Legislative District (1-49):26 *Congressional District (1-10): 6
Project Site Name
McCormick Woods
Project Site Street Address
City 5171 St Andrews Dr SW
Port Orchard
State WA
Zip Code +4
98367
Latitude
47.504464
Longitude
-122.685429
*Project County
Kitsap
*Main focus of the project (Select One):
☐Construction-Transmission & Distribution
☒Construction-Source
☐Construction-Treatment
☐Land Acquisition
☐Planning & Design Only
☐Purchase of Systems
☐Restructuring/Consolidation/Receivership
☐Other
If other (public health concerns), please provide comments: Moratorium on new water connections lifted 12/19 based, in part, on this project.
*Actions proposed to address public health concerns
(Check all that apply):
☒New Source
☐Source reconstruction or rehabilitation
☒Disinfection
☐Filtration
☐Other treatment
☒Treatment replacement or upgrade
☐Lead component or service line replacement
☐Security measures
☒Seismic improvements
☒Resiliency
☐Intertie
☐Redundancy
☐Reservoir interior rehabilitation
☐New reservoir
☐Consolidation or restructuring
☐Cross connection control
☐Pressure reducing station
☒New pump station
☐Pump Station improvements
☐Meters as part of bigger project
☐Water main installation or replacement
☐Treatment plant discharge improvements
☒Telemetry or controls
☐Other
*If Other actions proposed, please
Page 8 of 157
DOH Worksheet (Updated November 2020). 4
*Is this a restructuring/consolidation/receivership project?
☐YES ☒NO
*If YES, provide general description of the final outcome of restructuring/consolidation/receivership activities and provide a copy of the signed transfer of ownership agreement or court order for receivership:
*Upload signed transfer of ownership agreement or court order for receivership.
*Does this project address a compliance issue in a department issued correspondence?
☐YES ☒NO
*If YES, what issue(s)?
☐Compliance Order
☐Boil Water Advisory
☐Sanitary Survey Finding
☐Other
*Upload Department Issued Compliance Document(s)
*Exceeding a maximum contaminant level (MCL), secondary MCL, or action level or within 80% of nitrate or
arsenic MCL?
☐YES ☒NO
*If YES, what type of contaminant(s)?
☐Arsenic (As)
☐Copper (Cu)
☐Iron (Fe)
☐Manganese (Mn)
☐Lead (Pb)
☐Nitrate (as N)
☐Disinfection by-products
☐Radionuclides
☐Organic chemicals
☐Total Coliform
☐Other
*If Other, please describe:
Page 9 of 157
DOH Worksheet (Updated November 2020). 5
*Treatment technique issue?
☐YES ☒NO
*If YES, select rule(s):
☐Ground Water Rule
☐Revised Total Coliform Rule
☐Surface Water Treatment Rule
☐Other
*If other treatment technique issues, please describe:
*Are you experiencing water shortage due to a declining aquifer in one of the following communities:
Connell, Ephrata, Kahlotus Lind, Mesa, Moses Lake, Othello, Quincy, Ritzville, Washtucna. A Water Shortage response plan will be reuired as part of the project.
If yes, upload documentation such as well water measurements, water saving measures
*Do you have meters on all existing water sources?
☒YES ☐ NO
*Does the water system have service meters on all existing services?
☒YES ☐ NO
Page 10 of 157
DOH Worksheet (Updated November 2020). 6
Readiness to Proceed Points
Is the engineering report and/or project report approved? ODW regional office staff must approve your completed engineering/design report.
☐YES ☒NO
*If YES, upload DOH approval of engineering or project report
Are the construction and/or bid documents complete and approved by DOH?
ODW regional office staff must approve your completed construction and/or bid documents.
☐YES ☒NO
*If YES, upload DOH approval letter
Indicate status of project permits permit summary attached
You must have appropriate permits in place to begin construction.
Upload approved project permits
Has your water system completed the SEPA and/or NEPA process for this project?
☐YES ☒NO
Completion of SEPA/NEPA includes issuing a final determination and publishing the determination for the proposed
project. Full completion receives full allowable points. In-process status will receive partial points.
☐YES ☒NO
Has your water system completed the cultural/historical review process under Section 106 or Governor’s Executive Order 05-05?
Completion of the Cultural Review includes a final determination made and published based on the National Historic Preservation Act (NHPA) requirements. Full completion receives full allowable points. Determinations made under
Washington State Executive Order 05-05 and projects part way through the NHPA process will receive partial points
☐YES ☒NO
*If YES, upload completed cultural/historical review
Does this funding complete a previous DWSRF construction or DWSRF emergency loan project? This project completes a previous partially funded DWSRF construction or DWSRF emergency loan project. ☐YES ☒NO
*If YES, provide DWSRF Application number and explain why it’s incomplete:
Does this funding complete a previous preconstruction loan?
This project completes a previous preconstruction loan project.
☐YES ☒ NO
*If YES, provide application number:
For consolidation projects, did this project receive a consolidation grant?
☐YES ☒ NO
*If YES, provide application number:
Does this loan complete the funding package for this project?
☒YES ☐NO
For multi-funded projects, these points will be awarded if other funding sources are secured for the project and the
DWSRF funding will complete the package. Letters of commitment from other funders must be attached to receive
these points.
Page 11 of 157
DOH Worksheet (Updated November 2020). 7
Bonus Points
Do you want to be considered for Restructuring or Consolidation Bonus Points?
If YES, list the names and PWSID #’s being taken over and restructured. If uncertain, check Sentry Internet. ☐YES ☒NO
Name: PWSID #:
Name: PWSID #:
Name: PWSID #:
Name: PWSID #:
Do you want to be considered for Regional Benefit Bonus Points? If YES, list the names and PWSID #’s that benefit from the project. ☐YES ☒ NO
Name: PWSID #:
Name: PWSID #:
Name: PWSID #:
Name: PWSID #:
Has your staff attended asset management training session?
If you participated in an asset management training provided by DOH, RCAC or other technical provider between September 1, 2018 and November 30, 2020, you are eligible for bonus points. To receive points in this category, you
must provide the training date, location, title, and sponsor information along with the names of staff who attended
the training.
☒YES ☐NO
If YES, provide who, where, and when:
Does your system have an asset inventory? To receive points in this category, you must provide an asset inventory that includes the list of water system assets,
age of assets, expected life of the assets, replacement cost of assets, and criticality. See Appendix G for an example
☐YES ☐NO
If YES, upload a copy of your asset inventory
*Does this project require coordination with other infrastructure project (Smart Projects)? Water main replacement projects that coincide with a transportation improvement project, fish passage barrier removal project, sewer main replacement, or other infrastructure projects will receive bonus points.
Provide documentation of the other infrastructure project and construction schedule.
☐YES ☐ NO
If YES, Please list other infrastructure projects and scheduling issues and upload documentation for other
infrastructure project.
Does this project address water loss, reduce pumping or treatment costs, or result in reduced energy consumption. Provide documentation (put in upload)
☐YES ☐ NO
*If yes, please provide Green Infrastructure documentation
Page 12 of 157
DOH Worksheet (Updated November 2020). 8
Financial Information
*Project Budget (Enter date and amount for each activity included in your budget. If not listed, add below.)
Activity Date
(Estimated)
Loan Request (Costs)
Amount
Engineering Report (preliminary engineering) Click here to
enter a date.
Environmental Review Click here to
enter a date.
Cultural Review Click here to
enter a date.
Land/Right-of-Way Acquisition Click here to
enter a date.
Permits Click here to
enter a date.
Public Involvement/Information Click here to
enter a date.
Bid Documents (design engineering) Click here to
enter a date.
Construction Click here to
enter a date.
Contingency (should be at least 10% of Construction cost)
Click here to
enter a date.
DOH Review/Approval Fees Click here to
enter a date.
Other Fees: (sales or use taxes) Click here to
enter a date.
Service Meters (purchase and installation) Click here to
enter a date.
Audit Costs Click here to
enter a date.
Subtotal
Other (describe): Click here to
enter a date.
Other (describe): Click here to
enter a date.
Other (describe): Click here to
enter a date.
Funding Request TOTAL
Loan Fee
TOTAL FUNDING REQUEST (add the two lines above)
Page 13 of 157
DOH Worksheet (Updated November 2020). 9
*Will you be using any other funding sources for your project? If YES, please list funding sources and amounts below.
☐YES ☐ NO
Funding Source: Amount:
Funding Source: Amount:
Funding Source: Amount:
Funding Source: Amount:
*If the water system is a nonprofit corporation serving a non-community, upload a copy of the federal
nonprofit certification to this application.
*Applicant’s relationship to the water system (Select one type):
☐Water Manager
☐Parent and/or subsidiary
☐Owner
☐Satellite System
☐Attend to Absorb/Restructure With
*Years in business as a water system:
*Number of years under current management:
*List your System’s Reserve Accounts Amount
Operating cash reserve balance Click or tap here to enter text.
Emergency reserve balance Click or tap here to enter text.
Capital reserve balance Click or tap here to enter text.
Equipment reserve balance Click or tap here to enter text.
TOTAL Click or tap here to enter text.
Does your water system have managerial capacity?
*Are all of your water system board positions filled? ☐YES ☐NO
*Does your board meet regularly? ☐YES ☐NO
If YES, When?
*Are your board meeting minutes available for review? ☐YES ☐NO
*Upload meeting minutes approving submittal of the DWSRF application for the proposed project and proposed funding amount.
Does your water system have technical capacity?
*Do you have a certified operator? ☐YES ☐NO
If YES, list operator name and certification number
*Do you keep the following records and are they available for review? ☐YES ☐NO
Operating (example: source and service meter reading)
Maintenance (example: how often is the pump replaced or serviced?)
*Connection Totals (List number of active residential, commercial, and other or vacant connections.)
Page 14 of 157
DOH Worksheet (Updated November 2020). 10
Connections Current Year Future Year 1 Future Year 2 Future Year 3 Future Year 4 Future Year 5
Total Number of Active Residential
Connections
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text.
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text.
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Total Number of Active
Commercial
Connections
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enter text.
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Total Number of Other or Vacant
Connections
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Total Number of
Connections
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*Water Rate Information (Provide Water Rate Information per residential connection.)
Average monthly
residential rate per connection
(base rate)
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here to enter text.
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here to enter text.
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here to enter text.
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here to enter text.
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Additional residential rate
per 100 cubic
feet (CF)
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text.
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Average monthly cubic feet
consumption per
connection
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Current average rate per
connection
before this
project
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Was an income survey conducted on your system, jurisdiction, or project area? ☐YES ☒NO
If YES, upload a copy of the final report of the income survey and MHI determination.
Will the water system increase rates to repay this loan?
☒YES ☐NO
*Did or will the water system adopt rates to include the DWSRF loan repayment? ☒YES ☐NO
If YES, when will the new rates be effective? Proposed to be adopted January, 2022
Upload meeting minutes of the rate increase
How much annual revenue does this system expect this source to generate? Unknown at this time.
Page 15 of 157
DOH Worksheet (Updated November 2020). 11
Current Outstanding Long Term Debt (For each obligation, list the annual principle and interest debt service, interest rate, maturity date and collateral, if any.)
Lender Outstanding Balance Payment Amount Payment Schedule
(Select One)
Interest Rate Percent Interest Rate (Select One) Maturity Date
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to enter text.
Click or tap
here to enter text.
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here to enter text.
☐Weekly
☐Monthly
☐Quarterly
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here to enter text.
☐Fixed
☐Variable
Click or tap
here to enter text.
Click or tap here to enter text. Click or tap here to enter text.
Click or tap here to enter text.
☐Weekly
☐Monthly
☐Quarterly
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☐Fixed
☐Variable Click or tap here to enter text.
Click or tap here to enter text. Click or tap here to enter text.
Click or tap here to enter text.
☐Weekly
☐Monthly
☐Quarterly
Click or tap here to enter text.
☐Fixed
☐Variable Click or tap here to enter text.
Open Lines of Credit (List total amount available, current balance, and interest rate for each.)
Lender Available Credit Current Balance Interest Rate Percent Interest Rate (Select One) Maturity Date Collateral Securing
Debt
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Click or tap here to enter text.
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☐Fixed
☐Variable
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enter text.
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text.
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text.
☐Fixed
☐Variable Click or tap here to enter
text.
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text.
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to enter text.
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here to enter text.
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here to enter text.
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here to enter text.
☐Fixed
☐Variable Click or tap
here to enter text.
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here to enter text.
List all entities where the applicant system has overlapping debt (Please indicate the amount and percent of outstanding debt for which your system is liable. Include 100% of debt if fully guaranteed by your system and 100 % of debt your system's parent company is obligated for as the parent of other subsidiary entities.)
Entity Name Outstanding Debt Percent Share of Outstanding Debt
Click or tap here to enter text. enter text. Click or tap here to enter text.
Click or tap here to enter text. enter text. Click or tap here to enter text.
Click or tap here to enter text. enter text. Click or tap here to enter text.
Does the system have the ability to raise rate for loan repayment? ☒YES ☐NO
Is there a pending motion (or resolution) to limit the water system’s ability to raise rates or expend from revenue the funds needed to repay a loan? ☐YES ☒ NO
Has the applicant experienced severe fiscal distress resulting from a natural disaster (example: Governor-declared
emergency, or emergency public works need in the past 12 months)? ☐YES ☒ NO
Has the applicant received past or present technical assistance from the Rural Community Assistance Corporation
(RCAC), Evergreen Rural Water of Washington (ERWOW), or any other consultant?
☐YES ☒ NO
If YES, please provide comments:
Page 16 of 157
DOH Worksheet (Updated November 2020). 12
Did technical staff help you complete this form?
☐YES ☒NO
If YES, identify activities the technical staff provided for your water system or your board:
☐Asset Management Training
☐Rate Setting
☐Assistance Completing Applications
☐Income Survey
☐Other
If other (activities), please provide comments:
Identify all events listed below that your water system experienced in the last five years.
Is the water system involved in any lawsuits or pending litigation that is in excess of $10,000? ☐YES ☒ NO
If YES, upload a statement from your attorney describing the lawsuit.
Have company assets been sold? ☐YES ☒ NO
Will company assets be sold in the future? ☐YES ☒NO
Is the system under any regulatory or court compliance order? ☐YES ☒ NO
If YES, please explain:
Upload documentation
Business References for privately owned systems only, list the names and contact information of at least
three references you did business with during the past year.
Business Organization Contact Person Phone (xxx-xxx-xxxx) Business account #
enter text. enter text. enter text. enter text.
enter text. enter text. enter text. enter text.
enter text. enter text. enter text. enter text.
Authorization of DOH by Borrower for privately owned systems only. To facilitate processing of this
application, the borrower hereby authorizes DOH staff to request business and/or personal credit reports for all proposed responsible parties for the debt obligation. (List name of person(s) who give DOH authority to check credit history.)
Name of Authorized Person(s) Title Date
enter text. enter text. enter text.
enter text. enter text. enter text.
enter text. enter text. enter text.
Page 17 of 157
DOH Worksheet (Updated November 2020). 13
We certify that the applicant has not defaulted on any payment of matured principal and/or interest.
☒YES ☐NO
If NO, provide details:
*To fully evaluate the financial status of the applicant, the DWSRF program requires the applicant upload the following items:
☐All applicants; Balance Sheet Statements for last three years and current year if available.
☐All applicants; Book Asset Details or complete Fixed Assets Inventory List and Depreciation schedule.
☐All applicants; Income Statements for last three years and current year if available.
☐All applicants; Adopted Water Rate Structure for last three years and current/future year(s) if available.
☐Privately owned water system only; filed Tax Returns for last three years.
☐Privately owned water system only; copy of bank statements ending December 31 for the last three years.
☐Privately owned water system only; copy of bank statements ending December 31 for the last three years.
☐Privately owned water system only; Copy of Bylaws and Articles of Incorporation.
enter text.
*Attachment Checklist:
☐EZ1
☐Map
☐Other
Other Documentation Comments:
Page 18 of 157
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: November 24, 2020
Subject: Acceptance of a Grant from Association Prepared by: Brandy Rinearson, MMC
of Washington Cities (AWC-RMSA) for a City Clerk
Stop Loss Prevention Grant Atty Routing No.: N/A
Atty Review Date: N/A
Summary: For several years, the City has received a grant when attending the Association of Washington
Cities Risk Management annual meeting. However, pursuant to RCW 35A.11.040, acceptance of any
grant requires council approval. In addition, a grant is a contract, and under RCW 35A.11.010, the city
council is the contracting authority for the city.
The City clerk attended this meeting and therefor is eligible to receive the Stop Loss Prevention Grant.
This grant is good for reimbursement of up to $500 to offset costs for reducing or preventing property or
liability risks.
This year the grant will be used to purchase crosswalk flags. This helps reduce the risk of
pedestrian/vehicle collisions by allowing the pedestrian to flag the driver putting them on notice that the
crosswalk will be in use.
Recommendation: Staff recommends approval of the grant as presented.
Relationship to Comprehensive Plan: N/A.
Motion for consideration: “I move to accept the grant from Association of Washington Cities for a Stop
Loss Prevention Grant of $500, as presented.”
Fiscal Impact: The City will be reimbursed up to $500 for this grant on expenses related to loss
prevention.
Alternatives: Not approve and provide direction to staff.
Attachments: RMSA Grant Email Notification and Grant Certificate.
Page 19 of 157
From:Bailey Takacs
To:Brandy Rinearson
Subject:RMSA Annual Meeting 2020 Grant
Date:Friday, October 23, 2020 11:25:04 AM
Attachments:RMSA loss prevention grant check Port Orchard.pdf
Hi Brandy,
Thank you for attending the RMSA Annual Meeting 2020! It is with great pleasure that we give to
you, Port Orchard’s 2020 Annual Meeting Grant. Attached you will find the grant certificate.
The grant expiration date that is printed on the certificate is for April 30th, this coincides with the
closing of the Spring Grant program.
Please remember that with the use of this grant, we will need the receipts/invoices attached as well
as the copy of your certificate to process any reimbursements.
If you have any further questions, please do not hesitate to reach out!
Congratulations on your award!
Bailey Takacs
RMSA Membership Coordinator
Association of Washington Cities
1076 Franklin St. SE Olympia, WA 98501
360.753.4137 (office)
800.562.8981 (toll free)
baileyt@awcnet.org
Register now for AWC Member Expo, October 19-23, online.
Disclaimer: Documents and correspondence are available under RCW 42.56. This e-mail may be
disclosable to a third-party requestor.
Page 20 of 157
In appreciation of your attendance at the AWC RMSA Annual Meeting, you have received a Loss Prevention Grant. Please return this voucher with
your receipt(s) for your loss prevention project to AWC RMSA no later than April 30, 2021 and reimbursement will be issued to the entity.
500.00
Five hundred dollars and 00/100
With Appreciation!
Risk Management
SERVICE AGENCY
1076 Franklin St. SE •Olympia, WA 98501
2020 RMSA Annual MeetingLoss Prevention Grant
October 13, 2020
City of Port Orchard
Page 21 of 157
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: November 24, 2020
Subject: Acceptance of a Grant from Kitsap Bank Prepared by: Brandy Rinearson, MMC
for the Chimes and Lights Event City Clerk
Atty Routing No.: N/A
Atty Review Date: N/A
Summary: Each year, Kitsap Bank seeks applications for the Kitsap Bank Community Connections Grant.
For the last several years the city has applied, and received, funding for the Festival of Chimes and Lights
event. The grant funds are used to purchase lights, decorations and/or other various items needed for
the event.
However, pursuant to RCW 35A.11.040, acceptance of any grant requires council approval. In addition, a
grant is a contract, and under RCW 35A.11.010, the city council is the contracting authority for the city.
For 2020, the city was awarded $1,000 from Kitsap Bank to be spent on decorations, but due to the
current pandemic, many of the festivities for the Chimes and Lights event were cancelled. In a letter
dated September 25, 2020, Kitsap Bank encouraged the city to use the funds in whatever way the city
deemed necessary.
This year the funds will be spent on purchasing of additional lights and to purchase prizes for winners of
the downtown Bay Street tree decorating contest.
Recommendation: Staff recommends approval of the grant as presented.
Relationship to Comprehensive Plan: N/A.
Motion for consideration: “I move to accept the grant from Kitsap Bank for the Festival of Chimes and
Lights event, as presented.
Fiscal Impact: $1,000 will be deposited into the General Fund.
Alternatives: Not approve and provide direction to staff.
Attachments: Grant application and acceptance letter.
Page 22 of 157
Jenine Floyd
From:
Sent:
To:
Subject:
no-reply@kadince.com
Tuesday, July 16,2019 4:09 PM
Jenine Floyd
Your Donation Submission Receipt
Hello,
Here is your submission receipt for 00627 2020 Gity of Port Orchard Festival of
Ghimes and Lights. This annual festival attracts residents and visitors from all
over Kitsap and beyond. Activitis included Jingle Bell Run, tree lighting,
lighted boats, pooch and purr parade, and choirs..
Organization
Organization Name: City of Port Orchard
Organization Contact: Brandy Rinearson
Advertising
How will this donation be acknowledged?: Advertising, Program Ad
Advertising Deadline: Apr 30, 2020
Advertising lnstructions:
Attachments: 20 1 B 1 1 1 51 52018. pdf, Chimes I nsert2O 1 B. pdf
Add New Organization Form
Organization Name: 2020 City of Port Orchard Festival of Chimes and Lights. This annual
festival attracts residents and visitors from all over Kitsap and beyond. Activitis included Jingle
Bell Run, tree lighting, lighted boats, pooch and purr parade, and choirs.
Street: 216 Prospect Street, Port Orchard, WA 98366
Phone:
Page 23 of 157
Web Address:
Organization Type:
Does the organization bank with us?:
Tax lD/ElN:
Mission Statement:
Our Representative:
Notes:
Purpose: Supports small businesses
Development Activities: Economic Development, Revitalization/Stabilization, Unknown/Other
lmpact Areas: Kitsap County
Attachments: 20 1 81 1 1 51520 1 8. pdf, Chimesl nsert2O1 B. pdf
Add New Submitted By User Form
First Name:
Last Name:
Email:
Add New Organization Contact
Full Name: 2020 City of Port Orchard Festival of Chimes and Lights. This annual festival attracts
residents and visitors from all over Kitsap and beyond. Activitis included Jingle Bell Run, tree
lighting, lighted boats, pooch and purr parade, and choirs.
Email:
Job Title:
Phone:
lmpact
Who will this donation impact?: This donation will impact everyone who attends this free event.
Local families, adults and children as well as anyone who travels from out of the area to
participate in the event.
Number of People lmpacted by Donation: 1500
What percent are low/moderate income?:25o/o
Development Activities: Economic Development, Revitalization/Stabilization, Unknown/Other
lmpact Areas: Kitsap County
lmpact Focus: Civic & Community
2Page 24 of 157
Add New Requested By User Form
First Name:
Last Name:
Email:
Details
Donation Title: 00627 2020 City of Port Orchard Festival of Chimes and Lights. This annual
festival attracts residents and visitors from all over Kitsap and beyond. Activitis included Jingle
Bell Run, tree lighting, lighted boats, pooch and purr parade, and choirs.
Date Needed By: Mar 31,2020
Description: Free, family friendly event to kick off the holiday season. The amount this year is for
decorations around downtown as well as a new decoration/event located by the gazebo. We
would like to bring more people to that location with something as simple as live music, or
extravagant as an ice skating rink.
Amount Requesting: $1,500.00
Item Requesting:
Number of ltems:
Event Start Dateffime: Dec 05,2020,7:00 pm
Event End Date/Time: Dec 06, 2020, 3:30 am
Street: 216 Prospect Street, Port Orchard, WA 98366
Tags:
Attachments: 2Q 1 81 1 1 51 5201 8. pdf, Chimes I nsert20 1 8. pdf
livered with ? from Kadince
3
x
Page 25 of 157
Ifits
B
September 25,2020
Brandy Rinearson
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Dear Ms.Rinearson:
We are pleased to forward a $1,000 donation to the City of Port Orchard for the2O20 Festival of
Chimes and Lights. Kitsap Bank is pleased to provide much-needed funding to our local non-
profit organizations; and we are determined to stand by the non-profits who are the heart and
soul of our communities, especially during this difficult time. This year, the bank is on track to
donate over $500,000 to more than 100 non-profit organrzations in our service area.
Many of our supported non-profit and civic groups have had to cancel upcoming programs or
events for the health and safety of our community; and we fully support your decision to
postpone or cancel any upcoming programs or events during the COVID-19 outbreak. We
encourage you to use sponsorship funds in whatever way you determine necessary while we face
a challenge rarely seen in our nation's history.
Kitsap Bank thanks you for your commitment to making a difference in your community, and we
wish you every success in your tireless efforts.
Sincerely,
A'//-
Childs
Senior Vice President/Chief Marketing Officer
RECEBVED
Approval
I
ocT 0 2 2020
Account(s)
kitsapbank.com
Page 26 of 157
KITSAP BANK
PHOTOGRAPH RELEASE
L [print name],
hereby grant to KITSAP BANK, and to its successors, assigns, and licensees
(collectively "Kitsap Bank"), any and all right, title and interest in and to my image and
photographic pictures of me taken on linsert datel (collectively
referred to herein as "Images") for any lawful pu{pose, in any format and in all media
(print, video, online and internet), without payment or other consideration to me. Kitsap
Bank has the right to copyright, use and publish the Images for a variety of purposes,
including but limited to publicity, promotional materials, marketing, advertising, public
relations, illustration, online and Web content. I understand and agree that the Images
may be used with or without my name. I hereby hold harmless, release and forever
discharge Kitsap Bank, and each of the officers, directors, employees, contractors,
affiliates, volunteers, agents, representatives and assigns, from any and all claims,
demands, causes of action, obligations, liabilities and expenses, known or unknown,
direct or indirect, relating in any manner to this Release and/or to the Images.
I have read this Release before signing and I fully understand the content, meaning and
impact of this Release. ff the person photographed is under 18 years old, I certify that I
am his or her parent or legal guardian and I give my consent and agreement to this
Release.
Date:
Isignature]
Print Name
Address:
Page 27 of 157
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: November 24, 2020
Subject: Final Public Hearing on Proposed Prepared by: Noah Crocker
2021/2022 Final Biennial Budget Finance Director
Atty Routing No: 366922.0007 - Finance
Atty Review Date: November 18, 2020
Summary: In addition to a public hearing on the preliminary budget and on revenue sources, the City is
required to hold a Public Hearing on the proposed 2021 – 2022 Biennial Budget on or before the first Monday
of December. The hearing allows Council to hear public input on the proposed Budget, consider those public
comments, and make any changes as indicated by the majority of the Council.
Staff noticed the public hearing in the newspaper of record (both in print and online), and on the City’s
website. The notice encouraged citizens and community organizations to participate by providing the Council
with their input for future infrastructure priorities, public safety enhancements, cultural and recreational
opportunities, and other public services.
Following citizen comments, the public hearing will be closed and the Council may continue with its
deliberations concerning the 2021 – 2022 Biennial Budget.
Recommendation: Staff recommends opening and holding the public hearing.
Fiscal Impact: Process culminates in the adoption of a 2021 – 2022 Biennial Budget.
Attachments: Your Tax Dollars Document, 2021-2022 Public Hearing Presentation, 2021-2022 Capital Budget
Presentation, and Proposed Port Orchard 2021-2022 Biennial Budget Ordinance.
Page 28 of 157
City of Port Orchard
2021-2022
Adjusted Preliminary Budget Highlights
Operating Budget
Financial Policies ~Working Capital Minimum Policy Targets Funded
Funds 001, 002,411, 421, 431
Financial Policies ~Stabilization Funds Policy Targets Funded
Funds 003, 412, 422, 432
Incorporates Salary Survey Updates
Administration‐ Planning Council Retreat
Finance‐Continues investing in process improvements utilizing technology
Court Security Contracted Services
Police‐Increased Investment towards Accreditation
Police‐Records Management System
DCD‐Managing the Community Center Project
Public Works‐ Increased Investment in Parks Maintenance
Public Works‐Utilities investing in Asset Management Planning Consultant
Public Works‐ Storm Drainage Comprehensive Plan Development
Public Works‐ Sewer Comprehensive Plan Update
Public Works‐ Water continues Foster Program commitment
Public Works Investment in Street Maintenance Equipment
Transportation Maintenance & Operations $4,794,000
• Bridge Repairs, Street Striping ~ $400,000+
• Crack & Sealing ~ $100,000
• Pavement Preservation ~ $835,000
• Transportation Equipment to Carry out Programs
• Sidewalks, Street Lighting, Traffic Control
Capital Budget $13,665,000
Sewer Capital Projects 7,730,000
Water Capital Projects 2,957,000
Storm Drainage Capital Projects 0
Park and Facilities 405,000
Transportation Capital Projects 2,573,000
Equipment Rental & Revolving Fund $709,000
Police Vehicle (4) 203,000
DCD Vehicle (1) Building Inspector Vehicle 45,000
Public Works Truck – (2) Street Vehicle 287,000
Public Works Truck – (1) Parks Vehicle 42,000
Additional Public Works Truck – (1) Parks Vehicle 42,000
Modified Public Works Truck – (1) Crane Vehicle 90,000
YOUR TAX DOLLARS AT WORK
CITY OF PORT ORCHARD
Page 29 of 157
Personnel Adjustments:
Public Works: Add’l 1 FTE Engineering 1
DCD: New 1 FTE Building Official
Police: New 1 FTE Community Health Navigator
Finance/IT: New 1 FTE Information Technology Specialist
HR: New 1 FTE Human Resource Manager
HR: Eliminate 1 FTE Human Resource Coordinator
Police: Eliminates Court Security & Public Safety Officer
Mid‐Year Review
Court‐Records Management Software TBD
Police‐Potential Jail Cost increases 100,000
DCD‐Sub‐area Planning 20,000
PW‐Asset Management Software 100,000
Add ’l TIP projects: Sidney SW Design 500,000
Bay street Pedestrian Path 3,000,000
Well #11‐ Construction 6,600,000
Community Center Project TBD
City Hall Construction TBD
Page 30 of 157
2021-2022 Preliminary Budget PresentationPublic HearingNovember 24,2020Page 31 of 157
2021-2022 Preliminary Budget OverviewBudget ScheduleSummary of Preliminary Budget including AdjustmentsAdjustments HighlightsImpact of Adjustments on Ending Fund BalanceSignificant Impacts Summary TablesCurrent Expense Operations Fund 001Street Operations Fund 002Impact Fee Fund 111Capital Construction Fund 302Street Capital Construction Fund 304Water Operations Fund 411InformationalAll Funds Detail Tables…….. Slide 2…….. Slide 3…….. Slide 4…….. Slide 5-7…….. Slide 8…….. Slide 9-17Page 32 of 157
Budget ScheduleOct. 1 Preliminary Budget Posted and Available to Public & CouncilOct. 5 Finance Committee Preliminary Budget ReviewOct. 20 Public Hearing and Preliminary 2021-2022 Budget DiscussionOct. 27 TransportationCommittee Review Transportation BudgetOct. 27 Council Meeting-Public Hearing and Property Tax LevyOct. 28 All day Special Council MeetingFull Budget and Department budget reviewNov.24 Council MeetingPublic Hearing on Proposed 2021-2022 Final BudgetAdoption of 2021-2022 Final Budget OrdinancePage 33 of 157
Summary Comparison 2021-2022 Biennial BudgetMayor’s Preliminary to Adjusted PreliminarySummary of City of Port OrchardMayor's Preliminary Biennial Budget 10.01.2020Adjusted Preliminary Biennial Budget 11.24.2020AdjustmentsBeginning Fund Balance29,722,780$ 29,737,850$ 15,070$ Revenue68,946,219$ 70,016,950$ 1,070,731$ Expense69,387,735$ 71,409,150$ 2,021,415$ Ending Fund Balance29,281,264$ 28,345,650$ (935,614)$ Total Revenue Appropriation98,668,999$ 99,754,800$ 1,085,801$ Total Expense Appropriation98,668,999$ 99,754,800$ 1,085,801$ Page 34 of 157
Council Adjustments Summary and HighlightsCurrent Expense Fund HighlightsIncrease Sales Tax ~ $300,000 to be transferred and used for Street PreservationIncrease Landscaping in 2022 by $55,000Increase Marine Patrol-Derelict Vessel Abatement $40,000Increase Lobbying Efforts & Council Retreat @ $10,000Increase Evidence Lockers $20,000Re-appropriate the transfers for Etta Turner Park $25,000Create an HR Manager and Eliminate HR Coordinator $25,000Create a Building Official and Eliminate a Building Inspector $54,000Eliminate Fire District Building Services saving $113,000Increased and updated Property and Facility insurance expense $123,000Street Fund HighlightsAdditional Pavement Preservation of $535,000Additional Revenue of $300,000 from 001Reduced ending fund balance $235,000Create an HR Manager and Eliminate HR Coordinator $1,600Increased and updated Property and Facility insurance expense $36,800Page 35 of 157
Council Adjustments Summary and HighlightsImpact Fee FundIncrease funding for TIP 1.5A $225,000Old Clifton Rd DesignIncrease funding for TIP 1.3 $500,000Bethel Design/Sedgwick DesignEliminate Funding for TIP 1.9 $500,000Sidney SW DesignWater Operating FundIncrease Service Contracts Foster Program ~$402,000Page 36 of 157
Summary of Budget Adjustments Current Expense: $142,000Street Fund: $165,000Impact Fee Fund: $225,000Water Operating: $402,000•Ending Fund balances are decreasedPage 37 of 157
Mayor’s Preliminary to Adjusted Preliminary BudgetSignificant AdjustmentsFund Detail2021‐2022 Mayor's Preliminary Biennial Budget2021‐2022 Adjusted Preliminary Biennial BudgetAdjustmentsFund: 001 ‐ Current ExpenseBeginning Fund Balance 3,975,400$ 3,975,400$ -$ Revenue 21,682,103$ 22,093,700$ 411,597$ Expense 23,773,296$ 24,326,700$ 553,404$ Ending Fund Balance 1,884,207$ 1,742,400$ (141,807)$ Fund: 002 ‐ City Street FundBeginning Fund Balance 938,800$ 938,800$ -$ Revenue 3,784,556$ 4,193,100$ 408,544$ Expense 4,220,512$ 4,794,000$ 573,488$ Ending Fund Balance 502,844$ 337,900$ (164,944)$ Fund: 111 ‐ Impact Mitigation FeeBeginning Fund Balance 2,002,500$ 2,002,500$ -$ Revenue 280,000$ 280,000$ -$ Expense 940,000$ 1,165,000$ 225,000$ Ending Fund Balance 1,342,500$ 1,117,500$ (225,000)$ Fund: 302 ‐ Capital ConstructionBeginning Fund Balance 215,000$ 230,000$ 15,000$ Revenue 365,000$ 390,000$ 25,000$ Expense 365,000$ 405,000$ 40,000$ Ending Fund Balance 215,000$ 215,000$ -$ Fund: 304 ‐ Street Capital ProjectsBeginning Fund Balance 1,832,000$ 1,832,000$ -$ Revenue 2,271,031$ 2,496,100$ 225,069$ Expense 3,737,031$ 3,962,100$ 225,069$ Ending Fund Balance366,000$ 366,000$ -$ Fund: 411 ‐ Water OperatingBeginning Fund Balance1,815,100$ 1,815,100$ -$ Revenue6,689,275$ 6,689,300$ 25$ Expense6,744,917$ 7,146,200$ 401,283$ Ending Fund Balance1,759,458$ 1,358,200$ (401,258)$ Page 38 of 157
QuestionsPage 39 of 157
2021-2022 Biennial BudgetMayor’s Preliminary to Adjusted PreliminaryAdditional Detail for all FundsPage 40 of 157
Mayor’s Preliminary to Adjusted PreliminaryGeneral Fund 2021-2022 Biennial BudgetFund Detail2021‐2022 Mayor's Preliminary Biennial Budget2021‐2022 Adjusted Preliminary Biennial BudgetAdjustmentsFund: 001 ‐ Current ExpenseBeginning Fund Balance 3,975,400$ 3,975,400$ -$ Revenue21,682,103$ 22,093,700$ 411,597$ Expense23,773,296$ 24,326,700$ 553,404$ Ending Fund Balance 1,884,207$ 1,742,400$ (141,807)$ Fund: 002 ‐ City Street FundBeginning Fund Balance938,800$ 938,800$ -$ Revenue3,784,556$ 4,193,100$ 408,544$ Expense4,220,512$ 4,794,000$ 573,488$ Ending Fund Balance502,844$ 337,900$ (164,944)$ Fund: 003 ‐ Stabilization FundBeginning Fund Balance 2,100,000$ 2,100,000$ -$ Revenue200,000$ 200,000$ -$ Expense‐$ ‐$ -$ Ending Fund Balance 2,300,000$ 2,300,000$ -$ Fund 001Street Preservation of $350kDerelict Vessels of $40kFund 002Street Preservation of $535kAdd ’l InsurancePage 41 of 157
Mayor’s Preliminary to Adjusted PreliminarySpecial Revenue Funds 2021-2022Biennial BudgetFund Detail2021‐2022 Mayor's Preliminary Biennial Budget2021‐2022 Adjusted Preliminary Biennial BudgetAdjustmentsFund: 103 ‐ Criminal JusticeBeginning Fund Balance 269,000$ 269,000$ -$ Revenue 491,815$ 491,900$ 85$ Expense 576,685$ 576,800$ 115$ Ending Fund Balance 184,130$ 184,100$ (30)$ Fund: 104 ‐ Special Investigative UBeginning Fund Balance 94,000$ 94,000$ -$ Revenue 8,000$ 8,000$ -$ Expense 8,000$ 8,000$ -$ Ending Fund Balance 94,000$ 94,000$ -$ Fund: 107 ‐ Community EventsBeginning Fund Balance 200,000$ 200,000$ -$ Revenue 200,000$ 200,000$ -$ Expense 206,410$ 206,500$ 90$ Ending Fund Balance 193,590$ 193,500$ (90)$ Fund: 108 ‐ Paths & TrailsBeginning Fund Balance 10,900$ 10,900$ -$ Revenue 2,000$ 2,000$ -$ Expense ‐$ ‐$ -$ Ending Fund Balance12,900$ 12,900$ -$ Fund: 109 ‐ Real Estate Excise TaxBeginning Fund Balance2,776,600$ 2,776,600$ -$ Revenue2,077,400$ 2,077,400$ -$ Expense1,591,200$ 1,591,200$ -$ Ending Fund Balance3,262,800$ 3,262,800$ -$ Fund: 111 ‐ Impact Mitigation FeeBeginning Fund Balance2,002,500$ 2,002,500$ -$ Revenue280,000$ 280,000$ -$ Expense940,000$ 1,165,000$ 225,000$ Ending Fund Balance1,342,500$ 1,117,500$ (225,000)$ Minor adjustments are a result of roundingFund 111Add ’l funding for Old Clifton Rd DesignPage 42 of 157
Mayor’s Preliminary to Adjusted Preliminary Governmental Debt Service 2021-2022 Biennial BudgetNo ChangeFund Detail2021‐2022 Mayor's Preliminary Biennial Budget2021‐2022 Adjusted Preliminary Biennial BudgetAdjustmentsFund: 206 ‐ Bond Redemption FundBeginning Fund Balance‐$ ‐$ -$ Revenue598,200$ 598,200$ -$ Expense598,200$ 598,200$ -$ Ending Fund Balance‐$ ‐$ -$ Page 43 of 157
Mayor’s Preliminary to Adjusted Preliminary Budget Governmental Capital Construction 2021-2022Fund Detail2021‐2022 Mayor's Preliminary Biennial Budget2021‐2022 Adjusted Preliminary Biennial BudgetAdjustmentsFund: 302 ‐ Capital ConstructionBeginning Fund Balance 215,000$ 230,000$ 15,000$ Revenue 365,000$ 390,000$ 25,000$ Expense 365,000$ 405,000$ 40,000$ Ending Fund Balance 215,000$ 215,000$ -$ Fund: 304 ‐ Street Capital ProjectsBeginning Fund Balance 1,832,000$ 1,832,000$ -$ Revenue2,271,031$ 2,496,100$ 225,069$ Expense3,737,031$ 3,962,100$ 225,069$ Ending Fund Balance366,000$ 366,000$ -$ Fund 302Etta Turner ParkFund 304Add ’l funding for Old Clifton Rd DesignPage 44 of 157
Mayor’s Preliminary to Adjusted Preliminary Budget Water Enterprise Funds 2021-2022Fund Detail2021‐2022 Mayor's Preliminary Biennial Budget2021‐2022 Adjusted Preliminary Biennial BudgetAdjustmentsFund: 411 ‐ Water OperatingBeginning Fund Balance 1,815,100$ 1,815,100$ -$ Revenue6,689,275$ 6,689,300$ 25$ Expense6,744,917$ 7,146,200$ 401,283$ Ending Fund Balance 1,759,458$ 1,358,200$ (401,258)$ Fund: 412 ‐ Water StabilizationBeginning Fund Balance 390,000$ 390,000$ -$ Revenue527,000$ 527,000$ -$ Expense‐$ ‐$ -$ Ending Fund Balance917,000$ 917,000$ -$ Fund: 413 ‐ Water CapitalBeginning Fund Balance 3,476,780$ 3,476,800$ 20$ Revenue3,487,280$ 3,487,400$ 120$ Expense3,067,250$ 3,067,400$ 150$ Ending Fund Balance 3,896,810$ 3,896,800$ (10)$ Fund: 414 ‐ Water Debt ServiceBeginning Fund Balance‐$ ‐$ -$ Revenue840,250$ 840,250$ -$ Expense840,250$ 840,250$ -$ Ending Fund Balance‐$ ‐$ -$ Add ’l funding for Foster Pilot ProgramMinor allocation of HR ManagerMinor adjustments are a result of roundingPage 45 of 157
Mayor’s Preliminary to Adjusted Preliminary Budget Storm Drainage Enterprise Funds 2021-2022Fund Detail2021‐2022 Mayor's Preliminary Biennial Budget2021‐2022 Adjusted Preliminary Biennial BudgetAdjustmentsFund: 421 ‐ Storm Drainage UtilityBeginning Fund Balance 1,757,800$ 1,757,800$ -$ Revenue 3,319,000$ 3,319,100$ 100$ Expense 3,835,410$ 3,836,900$ 1,490$ Ending Fund Balance 1,241,390$ 1,240,000$ (1,390)$ Fund: 422 ‐ Storm Drainage StabilizaBeginning Fund Balance175,200$ 175,200$ -$ Revenue 328,100$ 328,100$ -$ Expense ‐$ ‐$ -$ Ending Fund Balance503,300$ 503,300$ -$ Fund: 423 ‐ Storm Drainage Capital FBeginning Fund Balance 30,100$ 30,100$ -$ Revenue ‐$ ‐$ -$ Expense ‐$ ‐$ -$ Ending Fund Balance 30,100$ 30,100$ -$ Fund: 424 ‐ Storm Drainage Debt SeBeginning Fund Balance‐$ ‐$ -$ Revenue355,300$ 355,300$ -$ Expense355,300$ 355,300$ -$ Ending Fund Balance‐$ ‐$ -$ Minor allocation of HR ManagerMinor adjustments are a result of roundingPage 46 of 157
Mayor’s Preliminary to Adjusted Preliminary Budget Sewer Enterprise Funds 2021-2022Fund Detail2021‐2022 Mayor's Preliminary Biennial Budget2021‐2022 Adjusted Preliminary Biennial BudgetAdjustmentsFund: 431 ‐ Sewer OperatingBeginning Fund Balance 1,821,500$ 1,821,500$ -$ Revenue10,837,608$ 10,837,700$ 92$ Expense8,767,273$ 8,768,500$ 1,227$ Ending Fund Balance 3,891,835$ 3,890,700$ (1,135)$ Fund: 432 ‐ Sewer StabilizationBeginning Fund Balance 606,700$ 606,750$ 50$ Revenue748,300$ 748,300$ -$ Expense‐$ ‐$ -$ Ending Fund Balance 1,355,000$ 1,355,050$ 50$ Fund: 433 ‐ Sewer CapitalBeginning Fund Balance 1,665,000$ 1,665,000$ -$ Revenue7,947,000$ 7,947,100$ 100$ Expense8,300,000$ 8,300,100$ 100$ Ending Fund Balance 1,312,000$ 1,312,000$ -$ Fund: 434 ‐ Sewer Debt ServiceBeginning Fund Balance‐$ ‐$ -$ Revenue550,000$ 550,000$ -$ Expense‐$ ‐$ -$ Ending Fund Balance550,000$ 550,000$ -$ Minor allocation of HR ManagerMinor adjustments are a result of roundingPage 47 of 157
Mayor’s Preliminary to Adjusted Preliminary Budget Equipment Rental and Revolving Fund 2021-2022Fund Detail2021‐2022 Mayor's Preliminary Biennial Budget2021‐2022 Adjusted Preliminary Biennial BudgetAdjustmentsFund: 500 ‐ Equipment Rental and RevolvingBeginning Fund Balance 3,570,400$ 3,570,400$ -$ Revenue 1,357,000$ 1,357,000$ -$ Expense 1,461,000$ 1,461,000$ -$ Ending Fund Balance 3,466,400$ 3,466,400$ -$ No ChangePage 48 of 157
Capital ProjectsPreliminary 2021-2022 Budget11.24.2020Finance DepartmentPage 49 of 157
Capital Construction Funds 2021-2022GRAND TOTAL:$13,665,000Fund 302: Capital Construction:$405,000Fund 304: Street Capital Construction: $2,573,000Fund 413: Water Capital Construction: $2,957,000Fund 423: Storm Drainage Capital Const.: $0Fund 433: Sewer Capital Construction: $7.73 millionOther Significant Project Funding:$5,494,000Community Center:$300,000Fund 002-Transportation O&M:$4.794 millionIncluding-Crack & Seal Program: $100k+Including-Pavement Preservation $835k+Including-Lund Bridge Maintenance $400k+Storm Drainage Comprehensive Plan: $400,000Page 50 of 157
Fund 302 Capital Construction: $405,000McCormick Splash Pad Retrofit: Total Est. Project Cost $215,000Paid for from Park Impact Fee’s2020 Budget: $100,000~YTD: $ 22,0002021 Budget: $115,000City Hall Improvements/(Design 100%): Total Est. Design Cost $357,0002021 Costs will be paid for from REET 12020 Budget: $90,000Anticipated in 2020: $107,000 (Budget Amendment for $17k)2021 Budget:$250,000Etta Turner Park: Total Est. $40,0002021 Paid from:$15,000 Donation$25,000 Rec Reserve Fund2021 Budget:$40,000Page 51 of 157
Fund 304 Street Capital Construction: $ 2.573 milTransportation Capital Construction Budget (Fund 304):2021 20221)TIP 1.2 Bay Street Ped Pathway ROW Purchases:$1,056,000 $02)TIP 1.3 Bethel/Sedgwick Design$300,000 $200,0003)TIP 1.5A Old Clifton Rd Design (60%):$450,000 $04)TIP 1.8 Bay Ped Pathway West‐Situational Study:$0 $567,000Total Fund 304 Transportation Investment: $2.573 millionFunding Sources:1)Bay Street Ped Pathway ROW:$913K Fed. Grant & $143K REET 12)Bethel Sedgwick:Fund 111 (City TIF)3)Old Clifton Rd Design (60%):Fund 111 (McCormick TIF)4)Bay Ped Pathway West‐Situational Study: $490K Grant & $77K 304 Fund BalPage 52 of 157
Fund 413 Water Capital Construction: $2.957 milWell #11:Total Est. Project Cost $8,000,000Design and Decommission Paid from Water Rate Revenue, CFC’s & $600k from REET 2Well#11-Testing and Decommission: $100,000 Anticipated to be Completed in 2020Well#11-Design (100%): $600,000 2021 Budget (REET 2)Well#11-Construction:$7.3 million Anticipated 2022 (Not included in budget)Well #13:Total Est. Project Cost $8,181,000Paid from DWSRF Loan, Water Rate Revenue, Water CFC’s 2014-2019:$2.641 million2020 YTD:$1.941 million2020 Est.to be spent:$1.242 million2021 Budget: $2.357 millionPage 53 of 157
Fund 423 Storm Drainage Capital Construction: $0No Capital Construction currentlyWith the ROW purchases ~$531,000 in 2020 fund balance is lowOther Significant Projects: $400,000Storm Water Comprehensive Plan:$400,000Paid from Storm Water Operations Fund 421Page 54 of 157
Fund 433 Sewer Capital Construction: $7.730Marina Pump Station: Total Est. Project Cost $8,000,000Paid from Loans, Sewer Operating, Sewer CFC’s2020Design(30%): $270k2021Design(100%):$1.0 million2021-2022 Construction Start:$6.730 millionSource of Capital Construction Funding:Loan:$4.100 millionCFCs:$2.743Sewer Operating: $1.157 millionPage 55 of 157
QuestionsPage 56 of 157
ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING THE 2021-2022 BIENNIAL BUDGET AND SALARY
SCHEDULE; PROVIDING FOR SEVERABILITY AND PUBLICATION;
AND SETTING AN EFFECTIVE DATE.
WHEREAS, Washington state law requires the City to adopt a budget and
provides procedures for the filing of the budget, deliberations, public hearings and final
adoption of the budget; and
WHEREAS, consistent with those requirements, the preliminary budget for the
2021-2022 biennium has been prepared and submitted to the City Clerk and publicly
available beginning October 1, 2020; and
WHEREAS, the City Finance Committee met on October 5, 2020, to review the
Mayor’s proposed preliminary budget and made recommendations; and
WHEREAS, the City Council conducted an initial review of revenue sources at its
public meeting on October 13, 2020; and
WHEREAS, the City Council held a comprehensive work study session and public
hearing on the 2021-2022 preliminary budget on October 20, 2020 and made
recommendations to the budget; and
WHEREAS, the City Council reviewed and supported the Equipment Rental
Revolving Fund budget proposal for the 2021-2022 biennium including the addition of a
public work truck and a modification of a public works truck to public works crane truck;
and
WHEREAS, the Transportation Committee met on October 27, 2020 to review
the preliminary budget on transportation spending and made recommendations; and
WHEREAS, the City Council held a second briefing and public hearing on revenue
sources on October 27, 2020; and
WHEREAS, the City Council acted to adopt the 2021 Property Tax Levy at its
public meeting on October 27, 2020;
WHEREAS, the full Council was invited to a public meeting on October 28, 2020
to conduct department interviews and discussed the preliminary budget to make final
recommendations; and
Page 57 of 157
Ordinance No. _________
Page 2 of 4
WHEREAS, the Council Finance Committee and three additional council
members met at a public meeting on October 28, 2020 and conducted department
interviews and discussed the preliminary budget to make final recommendations to the
full Council; and
WHEREAS, a public hearing on the final budget was scheduled for November 24,
and a Notice of Public Hearing was published on November 6, 2020, and November 13,
2020, in the Kitsap Sun newspaper, and online; and;
WHEREAS, the City Council held the public hearing on November 24, 2020
regarding the budget for the 2021-2022 biennium, seeking public input on city priorities,
public safety enhancements, cultural and recreational opportunities, and other public
services; and
WHEREAS, consistent with the public notices described herein, a copy of the
2021-2022 preliminary budget has been on file with the City Clerk and copies available
from the Finance Department for examination by the public during the time it was
considered by the City Council; and
WHEREAS, this ordinance includes the 2021-2022 comprehensive biennial final
budget setting forth in summary form the totals of estimated revenues and
appropriations of each separate fund and the aggregate totals of all such funds
combined; and
WHEREAS, attached to this ordinance is Exhibit A, the Personnel List of all
positions included and approved in the budget, effective Jan. 1, 2021; and
WHEREAS, the Personnel List includes four (4) new positions for which the
Council has established job duties by separate Ordinance; and
WHEREAS, the Personnel List of non-represented employees was adjusted to
incorporate the recent salary survey recommendations and an additional 2% increase;
and
WHEREAS, the Personnel List of represented employees was adjusted per the
terms of the various applicable contracts; now, therefore;
Page 58 of 157
Ordinance No. _________
Page 3 of 4
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. The Budget of the City of Port Orchard for the 2021-2022 biennium, on file
with the City Clerk and by this reference is incorporated herein as if set forth in full, is hereby
adopted in its entirety. Estimated resources for the biennium, as set forth below, are hereby
appropriated for expenditure at the fund level:
Fund No.Fund Name Total Revenue
Appropriation
Total Expense
Appropriation
001 Current Expense Fund 26,069,100 26,069,100
002 City Street 5,131,900 5,131,900
003 Stabilization 2,300,000 2,300,000
103 Criminal Justice 760,900 760,900
104 Special Investigative Unit 102,000 102,000
107 Community Events 400,000 400,000
108 Paths & Trails 12,900 12,900
109 Real Estate Excise Tax 4,854,000 4,854,000
111 Impact Fee 2,282,500 2,282,500
206 Bond Redemption Fund 598,200 598,200
302 Capital Construction 620,000 620,000
304 Street Capital Projects 4,328,100 4,328,100
411 Water - Operations 8,504,400 8,504,400
412 Water - Stabilization 917,000 917,000
413 Water - Capital Projects 6,964,200 6,964,200
414 Water - Debt Service 840,250 840,250
421 Storm Drainage - Operations 5,076,900 5,076,900
422 Storm Drainage - Stabilization 503,300 503,300
423 Storm Drainage - Capital Projects 30,100 30,100
424 Storm Drainage - Debt Service 355,300 355,300
431 Sewer - Operations 12,659,200 12,659,200
432 Sewer - Stabilization 1,355,050 1,355,050
433 Sewer - Capital Projects 9,612,100 9,612,100
434 Sewer - Debt Service 550,000 550,000
500 ER&R 4,927,400 4,927,400
Grand Total 99,754,800 99,754,800
Page 59 of 157
Ordinance No. _________
Page 4 of 4
SECTION 2. Salary Schedule. The 2021 Salary Schedule for authorized positions is
attached as Attachment A and hereby adopted.
SECTION 3. Transmittal. The City Clerk shall transmit a complete, certified copy of the
final budget as adopted to the state auditor and to the Association of Washington Cities per
RCW 35.34.120.
SECTION 4. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 5. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 24th day of November 2020.
Robert Putaansuu, Mayor
ATTEST: SPONSOR:
Brandy Rinearson, MMC, City Clerk John Clauson, Councilmember
APPROVED AS TO FORM:
Charlotte Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Page 60 of 157
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 6B Meeting Date: November 24, 2020
Subject: Ordinance Amending Port Orchard Municipal Prepared by: Nicholas Bond, AICP
Code Chapter 2.20 to Establish Planning DCD Director
Commission Positions, Terms, Term Ending Atty Routing No.: Matter 11-Development
Dates and Meeting Requirements Atty Review Date: November 18, 2020
Summary: Per Chapter 35.63.020 and 35.63.030 RCW, the City has established a Planning Commission,
which currently consists of eight members, as provided in subsection 2.20.010 of the Port Orchard
Municipal Code (POMC). As required by Chapter 2.20, the Planning Commission must have five members
present for a quorum to conduct business, and the Commission is required to meet at least once per month
and not less than nine times each year. The City has historically and repeatedly had difficulty in obtaining a
quorum for Planning Commission meetings, and occasionally does not have business each month that
would require a Planning Commission meeting. Therefore, staff and the City Attorney have prepared an
Ordinance that would revise the Planning Commission from eight to seven members, which would then
require a quorum of four members to conduct business. The Ordinance also establishes specific positions
and term expiration dates, and stipulates how reappointments and successor appointments shall be made.
Finally, the ordinance establishes that while the Planning Commission shall generally meet once per month,
it may meet more or less frequently depending on when there are business items requiring the Planning
Commission’s review.
An accompanying Resolution has been prepared to document the seven members of the Planning
Commission after adoption of this Ordinance (Business Item 7C), along with their position assignments and
term expiration dates (Business Item 7D).
Relationship to Comprehensive Plan: N/A
Recommendation: Staff recommends that the City Council hold a public hearing on the attached Ordinance
to revise POMC Chapter 2.20.
Fiscal Impact: None.
Alternatives: Do not hold a public hearing or approve the Ordinance.
Attachments: Ordinance; Redline Ordinance.
Page 61 of 157
ORDINANCE NO. __ -20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING
CHAPTER 2.20 (PLANNING COMMISSION) OF THE PORT ORCHARD MUNICIPAL
CODE; AMENDING PROVISIONS FOR PLANNING COMMISSIONER POSITIONS,
TERMS, TERM ENDING DATES, AND MEETING REQUIREMENTS; PROVIDING FOR
SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, per Chapter 35.63.020 and 35.63.030 RCW, the City of Port Orchard
(City) has established a planning commission consisting of eight members, as provided in
section 2.20.010 of the Port Orchard Municipal Code (POMC); and
WHEREAS, per RCW 35.63.020, the City may elect to seat a planning commission
consisting of any amount from three to twelve members, appointed by the Mayor and
confirmed by the Council; and
WHEREAS, per section 2.20.050 POMC, the planning commission is required to hold
at least one regular meeting in each month and not less than nine meetings in each year;
and
WHEREAS, per section 2.20.070 POMC, five members of the planning commission
shall constitute a quorum for the transaction of business; and
WHEREAS, staff has reviewed the planning commission’s size and schedule and
determined that the City can provide better service to the residents of Port Orchard by
reducing the size and frequency of meetings, and encouraging participation by lessening the
time burden on those who volunteer to serve on the planning commission; and
WHEREAS, accordingly, the City Council desires to revise sections 2.20.010 and
2.20.070 POMC to reduce the number of planning commissioners from eight to seven, with
a quorum of four members for the transaction of business; and
WHEREAS, the City Council desires to revise section 2.20.050 POMC, to clarify that
the planning commission shall generally hold a regular meeting once per month, but that
this schedule may be revised as needed based on the number of items submitted for
review, or lack thereof in a particular month; and
WHEREAS, on July 28, 2020, the City submitted to the Department of Commerce a
request for a 15-day expedited review of the proposed revisions to subsections 2.20.010,
Page 62 of 157
Ordinance No. __-18
Page 2 of 5
2.20.050, and 2.20.070 POMC; and
WHEREAS, on November 24, 2020, the City Council held a duly-noticed public
hearing on the proposed revisions to subsections 2.20.010, 2.20.050, and 2.20.070 POMC;
NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the “Whereas” sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Chapter 2.20 of the Port Orchard Municipal Code is hereby amended to read
as follows:
Chapter 2.20
PLANNING COMMISSION
Sections:
2.20.010 Planning commission created.
2.20.020 Planning commission positions, terms and term ending dates.
2.20.030 Powers and duties.
2.20.040 Recommendations to council.
2.20.050 Repealed.
2.20.060 Meetings of commission – Records.
2.20.080 Quorum.
2.20.090 Annual report to council.
2.20.010 Planning commission created.
Pursuant to Chapter 35.63 RCW, there is created a city planning commission, which shall
consist of seven members appointed by the mayor and confirmed by the city council; six
shall be residents of the city and one may be a nonresident of the city except the mayor
and city council may, by council resolution, temporarily extend the term of
commissioner who, during his or her term, moves out of the city, to provide for
continuity of specific projects or planning processes.
Page 63 of 157
Ordinance No. __-18
Page 3 of 5
2.20.020 Planning commission positions, terms, and term ending dates.
(1) Planning commissioner terms shall be four years in length. There shall be seven
planning commissioner positions to be known as Position 1, Position 2, Position 3,
Position 4, Position 5, Position 6, and Position 7, respectively. The current term
expiration for each of the respective planning commission positions as of the date of
this ordinance is as follows:
Position Term Expiration
Position 1 December 31, 2020
Position 2 December 31, 2020
Position 3 December 31, 2021
Position 4 December 31, 2022
Position 5 December 31, 2023
Position 6 December 31, 2023
Position 7 December 31, 2023
(2) Upon expiration of the terms of each position as provided in (1) above,
reappointments or successors shall be appointed by the mayor for the term of four
years each. When an appointment by the mayor is to fill an open position prior to the
end of the term, then the person so appointed shall serve out the term of the position
into which he or she has been appointed.
2.20.030 Powers and duties.
The planning commission shall have all of the powers and perform each and all of the
duties specified by Chapter 35.63 RCW, together with any other duties or authority
which may hereafter be conferred upon them by laws of the state of Washington, the
performance of such duties and the exercise of such authority to be subject to each and
all the limitations expressed in Chapter 35.63 RCW.
2.20.040 Recommendations to council.
The city council may refer to the planning commission for its recommendation and
report, any ordinance, resolution or other proposal relating to any of the matters and
subjects referred to in Chapter 35.63 RCW, and the commission shall promptly report to
the council thereon, making such recommendations and giving such counsel as it may
deem proper.
Page 64 of 157
Ordinance No. __-18
Page 4 of 5
2.20.050 Plats submitted to commission.
Repealed by Ord. 047-07.
2.20.060 Meetings of commission – Records.
The commission shall elect its own chairman and create and fill such other offices as it
may determine it requires. In general, the commission shall hold a regular meeting once
per month; however, during any month, the chair of the commission or the city’s
planning director may determine that there are no review items requiring the planning
commission to hold a regular meeting and conduct business during that month; or, that
there are review items requiring the planning commission to hold a regular meeting and
conduct business more often than once during that month. All meetings shall be open to
the public and shall be noticed in accordance with Ch. 42.30 RCW. It shall adopt rules of
transaction of business and shall keep a written record of its meetings, resolutions,
transactions, findings and determinations, which record shall be of public record.
2.20.070 Quorum.
Four members of the planning commission shall constitute a quorum for the transaction
of business. Any action taken by a majority of those present at any regular meeting of
the planning commission shall be deemed and taken as the action of the commission.
2.20.080 Annual report to council.
The planning commission, at or before its first regular meeting in February of each year,
shall make a full report in writing to the city council of its transactions and expenditures,
if any, for the preceding year, with such general recommendations as to matters
covered by its prescribed duties and authority as may to it seem proper.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener’s/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
Page 65 of 157
Ordinance No. __-18
Page 5 of 5
SECTION 5. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect on the 15th day of December 2020. 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 24th day of November 2020.
____
Robert Putaansuu, Mayor
ATTEST:
_______
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Charlotte A. Archer, City Attorney Scott Diener, Council Member
PUBLISHED:
EFFECTIVE DATE:
Page 66 of 157
PROPOSED CHANGES IN REDLINE
ORDINANCE NO. __ -20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING
CHAPTER 2.20 (PLANNING COMMISSION) OF THE PORT ORCHARD MUNICIPAL
CODE; AMENDING PROVISIONS FOR PLANNING COMMISSIONER POSITIONS,
TERMS, TERM ENDING DATES, AND MEETING REQUIREMENTS; PROVIDING FOR
SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, per Chapter 35.63.020 and 35.63.030 RCW, the City of Port Orchard
(City) has established a planning commission consisting of eight members, as provided in
subsection 2.20.010 of the Port Orchard Municipal Code (POMC); and
WHEREAS, per RCW 35.63.020, the City may elect to seat a planning commission
consisting of any amount from three to twelve members, appointed by the Mayor and
confirmed by the Council; and
WHEREAS, per section 2.20.050 POMC, the planning commission is required to hold
at least one regular meeting in each month and not less than nine meetings in each year;
and
WHEREAS, per section 2.20.070 POMC, five members of the planning commission
shall constitute a quorum for the transaction of business; and
WHEREAS, staff has reviewed the planning commission’s size and schedule and
determined that the City can provide better service to the residents of Port Orchard by
reducing the size and frequency of meetings, and encouraging participation by lessening the
time burden on those who volunteer to serve on the planning commission; and
WHEREAS, accordingly, the City Council desires to revise sections 2.20.010 and
2.20.070 POMC to reduce the number of planning commissioners from eight to seven, with
a quorum of four members for the transaction of business; and
WHEREAS, the City Council desires to revise section 2.20.050 POMC, to clarify that
the planning commission shall generally hold a regular meeting once per month, but that
this schedule may be revised as needed based on the number of items submitted for
review, or lack thereof in a particular month; and
WHEREAS, on July 28, 2020, the City submitted to the Department of Commerce a
request for a 15-day expedited review of the proposed revisions to subsections 2.20.010
Page 67 of 157
Ordinance No. __-18
Page 2 of 5
and 2.20.070 POMC; and
WHEREAS, on November 24, 2020, the City Council held a public hearing on the
proposed revisions to subsections 2.20.010 and 2.20.070 POMC, and reviewed the
proposed ordinance;
NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the “Whereas” sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Chapter 2.20 of the Port Orchard Municipal Code is hereby amended to read
as follows:
Chapter 2.20
PLANNING COMMISSION
Sections:
2.20.010 Planning commission created.
2.20.020 Planning commission positions, terms and term ending dates.
2.20.0320 Powers and duties.
2.20.0430 Recommendations to council.
2.20.0540 Repealed.
2.20.0650 Meetings of commission – Records.
2.20.0870 Quorum.
2.20.0980 Annual report to council.
2.20.010 Planning commission created.
(1) Pursuant to Chapter 35.63 RCW, there is created a city planning commission, which
shall consist of eight seven members appointed by the mayor and confirmed by the city
council; seven six shall be residents of the city and one may be a nonresident of the city
except the mayor and city council may, by council resolution, temporarily extend the
term of commissioner who, during his or her term, moves out of the city, to provide for
continuity of specific projects or planning processes.
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Ordinance No. __-18
Page 3 of 5
2.20.020 Planning commission positions, terms, and term ending dates.
(2) (1) Planning commissioner terms shall be four years in length. There shall be seven
planning commissioner positions to be known as Position 1, Position 2, Position 3,
Position 4, Position 5, Position 6, and Position 7, respectively. The current term
expiration for each of the respective planning commission positions as of the date of
this ordinance is as follows:
Position Term Expiration
Position 1 December 31, 2020
Position 2 December 31, 2020
Position 3 December 31, 2021
Position 4 December 31, 2022
Position 5 December 31, 2023
Position 6 December 31, 2023
Position 7 December 31, 2023
(2) Upon expiration of the terms of each position as provided in (1) above,
reappointments or successors shall be appointed by the mayor for the term of four
years each. When an appointment by the mayor is to fill an open position prior to the
end of the term, then the person so appointed shall serve out the term of the position
into which he or she has been appointed.
2.20.0320 Powers and duties.
The planning commission shall have all of the powers and perform each and all of the
duties specified by Chapter 35.63 RCW, together with any other duties or authority
which may hereafter be conferred upon them by laws of the state of Washington, the
performance of such duties and the exercise of such authority to be subject to each and
all the limitations expressed in Chapter 35.63 RCW.
2.20.0430 Recommendations to council.
The city council may refer to the planning commission for its recommendation and
report, any ordinance, resolution or other proposal relating to any of the matters and
subjects referred to in Chapter 35.63 RCW, and the commission shall promptly report to
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Ordinance No. __-18
Page 4 of 5
the council thereon, making such recommendations and giving such counsel as it may
deem proper.
2.20.0540 Plats submitted to commission.
Repealed by Ord. 047-07.
2.20.0650 Meetings of commission – Records.
The commission shall elect its own chairman and create and fill such other offices as it
may determine it requires. In general, the commission shall hold a regular meeting once
per month; however, during any month, the chair of the commission or the city’s
planning director may determine that there are no review items requiring the planning
commission to hold a regular meeting and conduct business during that month; or, that
there are review items requiring the planning commission to hold a regular meeting and
conduct business more often than once during that month. All meetings shall be open to
the public and shall be noticed in accordance with Ch. 43.30 RCW. The commission shall
hold at least one regular meeting in each month and not less than nine meetings in each
year. It shall adopt rules of transaction of business and shall keep a written record of its
meetings, resolutions, transactions, findings and determinations, which record shall be
of public record.
2.20.0870 Quorum.
Four Five members of the planning commission shall constitute a quorum for the
transaction of business. Any action taken by a majority of those present at any regular
meeting of the planning commission shall be deemed and taken as the action of the
commission.
2.20.0980 Annual report to council.
The planning commission, at or before its first regular meeting in February of each year,
shall make a full report in writing to the city council of its transactions and expenditures,
if any, for the preceding year, with such general recommendations as to matters
covered by its prescribed duties and authority as may to it seem proper.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
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Ordinance No. __-18
Page 5 of 5
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener’s/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 5. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect five on the 15th day of December 2020. 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 24th day of November 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Charlotte A. Archer, City Attorney Scott Diener, Council Member
PUBLISHED:
EFFECTIVE DATE:
Page 71 of 157
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7A Meeting Date: November 24, 2020
Subject: Adoption of an Ordinance Authorizing Prepared by: D. Lund
Positions of Building Official, Community Atty Routing No.: Matter 8 – HR
Health Navigator, Human Resources Atty Review Date: November 18, 2020
Manager and Information Technology
Support Specialist
Summary: As part of the proposed 2021-2022 budget, Council has been asked to authorize four new
positions. The positions of Building Official, Community Health Navigator and Information Technology
Support Specialist are proposed as new positions, adding a total of 3.0 FTE (Full-time Equivalent)
employees. The position of Human Resources Manager would result in a promotion of the current
Human Resources Coordinator to that role. The Human Resources Coordinator position is then
vacated, and is not funded in the proposed 2021-2022 budget.
The proposed 2021-2022 budget also provides for an additional Engineer at the level of Civil Engineer I,
for another 1.0 FTE. The City Council has previously approved a job description for the position of Civil
Engineer I, via Ordinance 030-18 on October 9, 2018, so no additional action is required of council.
The council previously adopted Ordinance 008-20, which delegates authority to the Mayor to establish
and amend job descriptions, provided they are consistent with the general qualifications and duties
assigned by the Council. Therefore, attached to the Ordinance for Council’s consideration is a summary
for each of the newly proposed positions.
Recommendation: Staff recommends approval of the attached summaries for the new positions
proposed as part of the 2021-2022 budget.
Relationship to Comprehensive Plan: N/A
Motion for consideration: “I move to adopt an Ordinance authorizing the creation of four new
positions, Building Official, Community Health Navigator, Human Resources Manager and Information
Technology Support Specialist, and authorizing the Mayor to develop job descriptions consistent with
the attached general qualifications and duties.”
Fiscal Impact: Included in the 2021-22 proposed budget
Alternatives: Do not approve the position summaries and provide alternative guidance.
Attachments: Ordinance and Appendix A, position summaries of Building Official, Community Health
Navigator, Human Resources Manager and Information Technology Support Specialist.
Page 72 of 157
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
TO AUTHORIZE NEW EMPLOYEE POSITIONS OF BUILDING
OFFICIAL, COMMUNITY HEALTH NAVIGATOR, HUMAN
RESOURCES MANAGER AND INFORMATION TECHNOLOGY
SUPPORT SPECIALIST AND ESTABLISHING GENERAL
QUALIFICATIONS AND DUTIES THEREOF; PROVIDING FOR
SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, the City has identified the need to add additional employees to adequately
serve the residents of Port Orchard; and
WHEREAS, the proposed 2021-2022 budget contains the addition of the newly created
position of Building Official; and
WHEREAS, the proposed 2021-2022 budget contains the addition of the newly created
position of Community Health Navigator; and
WHEREAS, the proposed 2021-2022 budget contains the addition of the newly created
position of Human Resources Manager; and
WHEREAS, the proposed 2021-2022 budget contains the addition of the newly created
position of Information Technology Support Specialist; and
WHEREAS, Ordinance 008-20 delegates authority to the Mayor to establish and amend
job descriptions provided they are consistent with the general qualification and duties assigned
by the council; and
WHEREAS, a statement of the general qualifications and duties of the four new positions
is attached hereto as Appendix A, and incorporated herein by reference; and
WHEREAS, the rate of pay for these new positions, if approved, is set through the 2021-
2022 budget adoption process; Now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council hereby authorizes the creation of the position of Building
Official with qualifications and duties as generally provided for in Appendix A.
SECTION 2. The City Council hereby authorizes the creation of the position of Community
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Ordinance No. _________
Page 2 of 5
Health Navigator with qualifications and duties as generally provided for in Appendix A.
SECTION 3. The City Council hereby authorizes the creation of the position of Human
Resources Manager with qualifications and duties as generally provided for in Appendix A
SECTION 4. The City Council hereby authorizes the creation of the position of Information
Technology Support Specialist with qualifications and duties as generally provided for in
Appendix A.
SECTION 5. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 6. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 7. Effective Date. This Ordinance shall take effect and be in full force and effect
five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 24th day of November 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
Charlotte A. Archer, City Attorney John Clauson, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 74 of 157
Appendix A
Ordinance 008-20 delegates authority to the Mayor to establish and amend job description as
needed provided they are consistent with general qualifications and duties assigned by the City
Council at the time the position is created by Council.
Proposed New Positions
2021-2022 Budget Process
As of 11/18/2020
Position Building Official
Department Community Development
Major Job Function and Purpose
Serve as the City’s Building Official and Fire Code Official with responsibility for day-to-day
operations related to the administration and enforcement of the City’s building and construction
codes. Manages, conducts and coordinates plan review, and inspection activities. Provides
interpretations on the application of code provisions related to materials, designs and methods.
General Function
Serve as a resource and subject matter expert for the professional, technical and support staff
engaged in permit administration, inspection and all levels of building and fire code administration.
Ensure compliance of construction projects with adopted code requirements. Review and
recommend changes/additions to City building code. Perform various administrative functions
including technical report preparation and supervise, evaluate and train assigned personnel.
Minimum Qualifications Include*
High school diploma or GED and five (5) years of experience in construction code or fire code
administration and plan review or closely related field, including at least two (2) years’
experience in a lead or supervisory capacity. Municipal experience is preferred. College-level
or trade school coursework in architecture, building technology, engineering or closely related
field is preferred. Experience in building design or construction is preferred. Possess and
maintain the International Code Council (ICC) Building Official and Plans Examiner
certifications. A valid Washington state driver’s license. Certifications as a Building Inspector,
Mechanical Inspector and Plumbing Inspector are preferred.
Page 75 of 157
Appendix A
Page 2
Position Community Health Navigator
Department Police
Major Job Function and Purpose
The Community Health Navigator assists members of the South Kitsap County community
with connection to treatment, resources, and services during and after contact with first
responders. The intent of the program is to increase the overall health and well-being of the
community by providing individuals with resources that do not require an emergency service
response.
General Function
Under general supervision and direction from the supervisor, the Community Health Navigator
will coordinate with emergency services (FIRE, EMS, LAW), accompany First Responders in
the field, and coordinate with agencies after field events to connect individuals in need to
services, resources, and treatment.
Minimum Qualifications Include*
A Bachelor’s degree in Social Work, Psychology, or related field; plus five (5) years’ experience
in working with acutely and severely mentally ill individuals; OR any equivalent combination
of training and/or experience that provides the required knowledge and abilities. A valid
Washington state driver’s license. Must pass a comprehensive background check.
Position Human Resources Manager
Department Human Resources
Major Job Function and Purpose
Responsible for planning, managing and overseeing the human resources function for the City.
Provides highly responsible and technically complex assistance to department directors and the
Mayor on matters related to classification and compensation, employee and labor relations,
recruitment and selection, policies and organizational development.
General Function
Performs a variety of complex administrative, technical and professional work administering all
human resources functions. Serves as Secretary and Chief Examiner to the Civil Service
Commission after confirmation by the Commission and Americans with Disabilities (ADA)
Coordinator. Facilitates the activities of the Wellness Committee and Safety Committee.
Minimum Qualifications Include*
Bachelor’s degree from an accredited college or university in human resources, public or
business administration, or a closely related field, and five (5) years' experience inhuman
resources administration, preferably in county, state or local government. Certification as
Professional in Human Resources (PHR) or Senior Professional in Human Resources (SPHR)
from the Human Resources Institute (HRCI) or SHRM Certified Professional (SHRM-CP) or
Senior Certified Professional (SHRM-SCP) from the Society of Human Resources Management
(SHRM) is preferred. A valid Washington state driver’s license.
Page 76 of 157
Appendix A
Page 3
Position Information Technology Support Specialist
Department Finance
Major Job Function and Purpose
Support daily operations of the city’s computer and telecommunication networks. Provide end user
customer support and training, technical assistance and routine maintenance and related service
requests for desktops, servers, software applications, operating systems, network hardware,
connectivity, and peripheral, telephony and mobile devices.
General Function
Provides user support, technical assistance and training to desktop computer users and performs
routine maintenance to computer systems. Ensures network backups, installs hardware and
software, diagnoses and troubleshoots problems, and determines corrective action. Performs
research and implements solutions as necessary while prioritizing and escalating services to higher
levels as needed. Serves as first contact for users experiencing computer problems.
Minimum Qualifications Include*
A Bachelor of Arts degree in computer science, its equivalent, or 4 years actual experience with
a high school diploma. The following Microsoft Certifications are preferred: Microsoft
Technology Associate (MTA): Windows Server Administration Fundamentals; Security
Fundamentals; Windows Operating System Fundamentals; Network Fundamentals. Microsoft
Certified Solutions Associate (MCSA) (Windows 10, Windows Server 2016, Office 365) and
Comptia A+ certification is desirable. A valid Washington state driver’s license. Must pass a
background check.
* All position descriptions allow the hiring manager to consider any combination of experience
and training that provides the desired skills, knowledge and abilities.
Page 77 of 157
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: November 24, 2020
Subject: Adoption of an Ordinance Adopting Prepared by: Noah Crocker
the 2021/2022 Biennial Budget Finance Director
Atty Routing No: 366922.0007 – Finance
Atty Review Date: November 18, 2020
Summary: The Mayor of Port Orchard prepared and placed on file with the City Clerk a proposed budget and
estimate of the amount of the monies required to meet the public expense, bond retirement and interest,
reserve funds, and expenses of the government of the City for the biennial period ending December 31, 2022.
As required, the City Council held public hearings on the preliminary budget and on revenue sources for the
coming year’s budget, including consideration of possible increases in property tax revenue.
The Finance Committee and Council members met independently (in publicly noticed meetings open to the
public) to study the proposed budget, and held budget interviews that required the presence of department
heads. Input was sought from the full Council in these meetings. Public hearings seeking public input on the
proposed budget were held on October 20, 2020, and November 24, 2020.
The 2021 – 2020 Biennial Budget does not exceed the lawful limit of taxation allowed by law to be levied on the
property within the City of Port Orchard for the purposed described in the 2021 – 2022 Biennial Budget, and the
estimated expenditures in each fund are all necessary to carry on the government of the City for the biennial
period 2021 – 2022.
The 2021 – 2022 Biennial Budget reflects department head requests, Mayor’s priorities, citizen comment,
Finance Committee and City Council input and modifications.
Recommendation: The Council Finance Committee recommends approval of an Ordinance adopting the 2021
– 2022 Biennial Budget for the City of Port Orchard for the year 2021 and 2022. Copies are on file with the City
Clerk.
Motion for consideration: “I move to approve an Ordinance, adopting the 2021 – 2022 Biennial Budget and
2021 Salary Schedule.”
Fiscal Impact: Allows expenditures for the biennial period ending December 31, 2022.
Alternatives: Adoption of the 2021 – 2022 Biennial Budget must take place prior to the beginning of the
ensuing fiscal period.
Attachments: 2021 – 2022 Biennial Budget Ordinance.
Page 78 of 157
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING THE 2021-2022 BIENNIAL BUDGET AND SALARY
SCHEDULE; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, Washington state law requires the City to adopt a budget and
provides procedures for the filing of the budget, deliberations, public hearings and final
adoption of the budget; and
WHEREAS, consistent with those requirements, the preliminary budget for the
2021-2022 biennium has been prepared and submitted to the City Clerk and publicly
available beginning October 1, 2020; and
WHEREAS, the City Finance Committee met on October 5, 2020, to review the
Mayor’s proposed preliminary budget and made recommendations; and
WHEREAS, the City Council conducted an initial review of revenue sources at its
public meeting on October 13, 2020; and
WHEREAS, the City Council held a comprehensive work study session and public
hearing on the 2021-2022 preliminary budget on October 20, 2020 and made
recommendations to the budget; and
WHEREAS, the City Council reviewed and supported the Equipment Rental
Revolving Fund budget proposal for the 2021-2022 biennium including the addition of a
public work truck and a modification of a public works truck to public works crane truck;
and
WHEREAS, the Transportation Committee met on October 27, 2020 to review
the preliminary budget on transportation spending and made recommendations; and
WHEREAS, the City Council held a second briefing and public hearing on revenue
sources on October 27, 2020; and
WHEREAS, the City Council acted to adopt the 2021 Property Tax Levy at its
public meeting on October 27, 2020;
WHEREAS, the full Council was invited to a public meeting on October 28, 2020
to conduct department interviews and discussed the preliminary budget to make final
recommendations; and
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Ordinance No. _________
Page 2 of 4
WHEREAS, the Council Finance Committee and three additional council
members met at a public meeting on October 28, 2020 and conducted department
interviews and discussed the preliminary budget to make final recommendations to the
full Council; and
WHEREAS, a public hearing on the final budget was scheduled for November 24,
and a Notice of Public Hearing was published on November 6, 2020, and November 13,
2020, in the Kitsap Sun newspaper, and online; and;
WHEREAS, the City Council held the public hearing on November 24, 2020
regarding the budget for the 2021-2022 biennium, seeking public input on city priorities,
public safety enhancements, cultural and recreational opportunities, and other public
services; and
WHEREAS, consistent with the public notices described herein, a copy of the
2021-2022 preliminary budget has been on file with the City Clerk and copies available
from the Finance Department for examination by the public during the time it was
considered by the City Council; and
WHEREAS, this ordinance includes the 2021-2022 comprehensive biennial final
budget setting forth in summary form the totals of estimated revenues and
appropriations of each separate fund and the aggregate totals of all such funds
combined; and
WHEREAS, attached to this ordinance is Exhibit A, the Personnel List of all
positions included and approved in the budget, effective Jan. 1, 2021; and
WHEREAS, the Personnel List includes four (4) new positions for which the
Council has established job duties by separate Ordinance; and
WHEREAS, the Personnel List of non-represented employees was adjusted to
incorporate the recent salary survey recommendations and an additional 2% increase;
and
WHEREAS, the Personnel List of represented employees was adjusted per the
terms of the various applicable contracts; now, therefore;
Page 80 of 157
Ordinance No. _________
Page 3 of 4
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. The Budget of the City of Port Orchard for the 2021-2022 biennium, on file
with the City Clerk and by this reference is incorporated herein as if set forth in full, is hereby
adopted in its entirety. Estimated resources for the biennium, as set forth below, are hereby
appropriated for expenditure at the fund level:
Fund No.Fund Name Total Revenue
Appropriation
Total Expense
Appropriation
001 Current Expense Fund 26,069,100 26,069,100
002 City Street 5,131,900 5,131,900
003 Stabilization 2,300,000 2,300,000
103 Criminal Justice 760,900 760,900
104 Special Investigative Unit 102,000 102,000
107 Community Events 400,000 400,000
108 Paths & Trails 12,900 12,900
109 Real Estate Excise Tax 4,854,000 4,854,000
111 Impact Fee 2,282,500 2,282,500
206 Bond Redemption Fund 598,200 598,200
302 Capital Construction 620,000 620,000
304 Street Capital Projects 4,328,100 4,328,100
411 Water - Operations 8,504,400 8,504,400
412 Water - Stabilization 917,000 917,000
413 Water - Capital Projects 6,964,200 6,964,200
414 Water - Debt Service 840,250 840,250
421 Storm Drainage - Operations 5,076,900 5,076,900
422 Storm Drainage - Stabilization 503,300 503,300
423 Storm Drainage - Capital Projects 30,100 30,100
424 Storm Drainage - Debt Service 355,300 355,300
431 Sewer - Operations 12,659,200 12,659,200
432 Sewer - Stabilization 1,355,050 1,355,050
433 Sewer - Capital Projects 9,612,100 9,612,100
434 Sewer - Debt Service 550,000 550,000
500 ER&R 4,927,400 4,927,400
Grand Total 99,754,800 99,754,800
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Ordinance No. _________
Page 4 of 4
SECTION 2. Salary Schedule. The 2021 Salary Schedule for authorized positions is
attached as Attachment A and hereby adopted.
SECTION 3. Transmittal. The City Clerk shall transmit a complete, certified copy of the
final budget as adopted to the state auditor and to the Association of Washington Cities per
RCW 35.34.120.
SECTION 4. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 5. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 24th day of November 2020.
Robert Putaansuu, Mayor
ATTEST: SPONSOR:
Brandy Rinearson, MMC, City Clerk John Clauson, Councilmember
APPROVED AS TO FORM:
Charlotte Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Page 82 of 157
Elected Officials Positions Wages
Mayor 1 Hourly 52.96
Council 7 Monthly 1,000
Total Elected 8.00
Personnel Positions FTE Minimum Maximum
City Clerk 1 45.18 52.38
Chief of Police 1 67.24 77.97
Community Development Director 1 62.67 72.68
Finance Director 1 62.67 72.68
Human Resources Manager 1 46.94 54.44
Public Works Director/City Engineer 1 62.67 72.68
Total Mayoral Direct Reports 6.00
Deputy City Clerk 1 30.46 35.31
Office Assistant II - Admin 1 24.68 28.63
Total Administration 2.00
Assistant Finance Director 1 46.94 54.44
Accounting Assistant II 4 27.48 31.86
Accounting Assistant III 2 32.04 37.16
Accounting Assistant III / IT Specialist 1 33.19 38.48
Network Administrator 1 41.61 48.26
IT Support Specialist 1 32.99 38.25
Total Finance/IT 10.00
Permit Center Manager 1 35.27 40.90
Permit Clerk (2FT, 1PT)2.7 24.68 28.63
Associate Planner 2 36.28 42.08
Associate Planner Long Range 1 40.04 46.43
Building Inspector 1 34.07 39.51
Building Official 1 43.13 50.02
Code Enforcement Officer 1 33.19 38.48
Total Community Development 9.70
Municipal Court Judge 0.8 62.85 62.85
Court Administrator 1 46.94 54.44
Lead Clerk 1 28.33 33.86
Court Clerk 2.6 23.93 28.58
Total Judicial 5.40
Deputy Police Chief 1 58.59 67.96
Community Health Navigator 1 33.19 38.48
Public Service Officer / Parking Enforcement Officer (2 PT)1 26.21 30.40
Office Manager - Police 1 31.56 37.70
Records Evidence Specialist (2FT, 1PT)2.7 23.60 28.17
Sergeant 4 46.19 51.14
Patrol Officer 17 30.99 42.55
Total Police Department 27.70
Assistant City Engineer 1 51.51 59.73
Operations Manager 1 45.18 52.38
Utility Manager 1 45.18 52.38
Civil Engineer I 1 36.28 42.08
Civil Engineer II 1 43.13 50.02
Stormwater Program Manager 1 37.80 43.84
GIS Specialist/Development Review Assistant 1 37.80 43.84
Public Works Procurement Specialist 1 35.27 40.90
Office Assistant II - Public Works 1 24.68 28.63
Public Works Foreman 1 39.93 39.93
City Mechanic 1 31.37 34.96
City Electrician 1 31.37 34.96
Public Works Personnel 10 25.13 33.94
WA/SW/Storm Coordinators 3 29.79 35.96
Public Works Laborer 1 19.83 23.00
Total Public Works 26.00
Seasonal Worker Hourly 15.00 20.00
Intern Hourly 15.00 20.00
Temporary Employee Hourly 15.00 20.00
Grand Totals 86.80
Personnel Position Listing
Exhibit A
Page 83 of 157
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: November 24, 2020
Subject: Adoption of an Ordinance Amending Port Prepared by: Nicholas Bond, AICP
Orchard Municipal Code Chapter 2.20 to DCD Director
Establish Planning Commission Positions, Atty Routing No.: Matter 11-Development
Terms, Term Ending Dates and Meeting Atty Review Date: November 18, 2020
Requirements
Summary: See staff report for Public Hearing 6B.
Relationship to Comprehensive Plan: N/A
Recommendation: Staff recommends that the City Council approve the attached Ordinance as presented.
Motion for consideration: “I move to adopt an Ordinance amending POMC Chapter 2.20, to revise the
Planning Commission positions, terms, term ending dates, and meeting requirements.”
Fiscal Impact: None.
Alternatives: Do not approve the Ordinance; revise the Ordinance.
Attachments: Ordinance.
Page 84 of 157
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 2.20 (PLANNING COMMISSION) OF THE PORT
ORCHARD MUNICIPAL CODE; AMENDING PROVISIONS FOR PLANNING
COMMISSIONER POSITIONS, TERMS, TERM ENDING DATES, AND MEETING
REQUIREMENTS; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, per Chapter 35.63.020 and 35.63.030 RCW, the City of Port Orchard (City)
has established a planning commission consisting of eight members, as provided in section
2.20.010 of the Port Orchard Municipal Code (POMC); and
WHEREAS, per RCW 35.63.020, the City may elect to seat a planning commission
consisting of any amount from three to twelve members, appointed by the Mayor and
confirmed by the Council; and
WHEREAS, per section 2.20.050 POMC, the planning commission is required to hold at
least one regular meeting in each month and not less than nine meetings in each year; and
WHEREAS, per section 2.20.070 POMC, five members of the planning commission shall
constitute a quorum for the transaction of business; and
WHEREAS, staff has reviewed the planning commission’s size and schedule and
determined that the City can provide better service to the residents of Port Orchard by
reducing the size and frequency of meetings, and encouraging participation by lessening the
time burden on those who volunteer to serve on the planning commission; and
WHEREAS, accordingly, the City Council desires to revise sections 2.20.010 and 2.20.070
POMC to reduce the number of planning commissioners from eight to seven, with a quorum
of four members for the transaction of business; and
WHEREAS, the City Council desires to revise section 2.20.050 POMC, to clarify that the
planning commission shall generally hold a regular meeting once per month, but that this
schedule may be revised as needed based on the number of items submitted for review, or
lack thereof in a particular month; and
WHEREAS, on July 28, 2020, the City submitted to the Department of Commerce a
request for a 15-day expedited review of the proposed revisions to subsections 2.20.010,
2.20.050, and 2.20.070 POMC; and
Page 85 of 157
Ordinance No. ___
Page 2 of 5
WHEREAS, on November 24, 2020, the City Council held a duly-noticed public hearing
on the proposed revisions to subsections 2.20.010, 2.20.050, and 2.20.070 POMC; now,
therefor,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the “Whereas” sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Chapter 2.20 of the Port Orchard Municipal Code is hereby amended to read
as follows:
Chapter 2.20
PLANNING COMMISSION
Sections:
2.20.010 Planning commission created.
2.20.020 Planning commission positions, terms and term ending dates.
2.20.030 Powers and duties.
2.20.040 Recommendations to council.
2.20.050 Repealed.
2.20.060 Meetings of commission – Records.
2.20.080 Quorum.
2.20.090 Annual report to council.
2.20.010 Planning commission created.
Pursuant to Chapter 35.63 RCW, there is created a city planning commission, which shall
consist of seven members appointed by the mayor and confirmed by the city council; six
shall be residents of the city and one may be a nonresident of the city except the mayor
and city council may, by council resolution, temporarily extend the term of
commissioner who, during his or her term, moves out of the city, to provide for
continuity of specific projects or planning processes.
2.20.020 Planning commission positions, terms, and term ending dates.
(1) Planning commissioner terms shall be four years in length. There shall be seven
planning commissioner positions to be known as Position 1, Position 2, Position 3,
Page 86 of 157
Ordinance No. ___
Page 3 of 5
Position 4, Position 5, Position 6, and Position 7, respectively. The current term
expiration for each of the respective planning commission positions as of the date of
this ordinance is as follows:
Position Term Expiration
Position 1 December 31, 2020
Position 2 December 31, 2020
Position 3 December 31, 2021
Position 4 December 31, 2022
Position 5 December 31, 2023
Position 6 December 31, 2023
Position 7 December 31, 2023
(2) Upon expiration of the terms of each position as provided in (1) above,
reappointments or successors shall be appointed by the mayor for the term of four
years each. When an appointment by the mayor is to fill an open position prior to the
end of the term, then the person so appointed shall serve out the term of the position
into which he or she has been appointed.
2.20.030 Powers and duties.
The planning commission shall have all of the powers and perform each and all of the
duties specified by Chapter 35.63 RCW, together with any other duties or authority
which may hereafter be conferred upon them by laws of the state of Washington, the
performance of such duties and the exercise of such authority to be subject to each and
all the limitations expressed in Chapter 35.63 RCW.
2.20.040 Recommendations to council.
The city council may refer to the planning commission for its recommendation and
report, any ordinance, resolution or other proposal relating to any of the matters and
subjects referred to in Chapter 35.63 RCW, and the commission shall promptly report to
the council thereon, making such recommendations and giving such counsel as it may
deem proper.
2.20.050 Plats submitted to commission.
Repealed by Ord. 047-07.
2.20.060 Meetings of commission – Records.
Page 87 of 157
Ordinance No. ___
Page 4 of 5
The commission shall elect its own chairman and create and fill such other offices as it
may determine it requires. In general, the commission shall hold a regular meeting once
per month; however, during any month, the chair of the commission or the city’s
planning director may determine that there are no review items requiring the planning
commission to hold a regular meeting and conduct business during that month; or, that
there are review items requiring the planning commission to hold a regular meeting and
conduct business more often than once during that month. All meetings shall be open to
the public and shall be noticed in accordance with Ch. 42.30 RCW. It shall adopt rules of
transaction of business and shall keep a written record of its meetings, resolutions,
transactions, findings and determinations, which record shall be of public record.
2.20.070 Quorum.
Four members of the planning commission shall constitute a quorum for the transaction
of business. Any action taken by a majority of those present at any regular meeting of
the planning commission shall be deemed and taken as the action of the commission.
2.20.080 Annual report to council.
The planning commission, at or before its first regular meeting in February of each year,
shall make a full report in writing to the city council of its transactions and expenditures,
if any, for the preceding year, with such general recommendations as to matters
covered by its prescribed duties and authority as may to it seem proper.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener’s/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 5. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect on the 15th day of December 2020. 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 24th day of November 2020.
Page 88 of 157
Ordinance No. ___
Page 5 of 5
____
Robert Putaansuu, Mayor
ATTEST:
_______
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
Charlotte A. Archer, City Attorney Scott Diener, Council Member
PUBLISHED:
EFFECTIVE DATE:
Page 89 of 157
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: November 24, 2020
Subject: Adoption of a Resolution Documenting the Prepared by: Nicholas Bond, AICP
Membership of the City Planning Commission DCD Director
By Positions and Term Expiration Dates Atty Routing No.: Matter 11-Development
Atty Review Date: November 18, 2020
Summary: The City Council has been presented with an Ordinance at this meeting (Business Item 7C)
revising the membership, terms, term expiration dates and meeting requirements for the City’s Planning
Commission. Upon approval of the Ordinance, the City Council is requested to approve this Resolution to
document the seven current members of the Planning Commission, along with their position assignments
and term expiration dates.
Relationship to Comprehensive Plan: N/A
Recommendation: Staff recommends that the City Council approve the attached Resolution as presented.
Motion for consideration: “I move to adopt a Resolution documenting the seven current members of the
Planning Commission, along with their position assignments and term expiration dates.”
Fiscal Impact: None.
Alternatives: Do not approve the Resolution; revise the Resolution.
Attachments: Resolution.
Page 90 of 157
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
DOCUMENTING THE POSITION AND TERM EXPIRATION DATES FOR
PREVIOUSLY-APPOINTED AND CONFIRMED PLANNING COMMISSIONERS.
WHEREAS, on November 24, 2020, the Port Orchard City Council adopted Ordinance **-
20, which amended Chapter 2.20 POMC (Planning Commission), and;
WHEREAS, Chapter 2.20.020 POMC as amended provides that the City Planning
Commission shall be composed of seven planning commissioner positions (Positions 1-7), with
specific term expiration dates based on position number; and
WHEREAS, the Mayor previously appointed individuals to fill all seven positions, and the
Council affirmed each appointment; and
WHEREAS, in light of the recent amendments to Ch. 2.20 POMC, the City Council wishes
to document the assignment of each current planning commissioner to each of the seven
planning commissioner positions set out in Chapter 2.20.020 POMC, as amended; 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: As of the date of this Resolution, the membership of the City Planning
Commission is as follows:
Position Planning Commissioner Term Expiration
Position 1 Annette Stewart December 31, 2020
Position 2 Stephanie Bailey December 31, 2020
Position 3 Trish Tierney December 31, 2021
Position 4 Phil King December 31, 2022
Position 5 David Bernstein December 31, 2023
Position 6 Mark Trenary December 31, 2023
Position 7 Joe Morrison December 31, 2023
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 24th day of November 2020.
Page 91 of 157
Resolution No. ___
Page 2 of 2
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 92 of 157
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: November 24, 2020
Subject: Adoption of a Resolution Adopting the Prepared by: Brandy Rinearson, MMC
2021 Legislative Agenda City Clerk
Atty Routing No: N/A
Atty Review Date: N/A
Summary: On October 27, 2020, Mayor Putaansuu stated he emailed the 2021 legislative priorities to
the Council and said the lobbyist will be proving a presentation at a later date.
Earlier this evening, the City’s lobbyist, Gordon Thomas Honeywell-Governmental Affairs, provided a
presentation on the 2021 legislative priorities which included the South Kitsap Community Center,
Sedgwick Road Roundabouts, Foster Pilot Program, Police Reform, Newspaper Notice Requirements,
Protect Locally Approved Transportation Benefit District Funding, and Derelict Vessel Funding.
Recommendation: Staff recommends adoption of a Resolution, adopting the 2021 Legislative Agenda, as
presented.
Relationship to Comprehensive Plan: N/A
Motion for Consideration: I move to adopt a Resolution, thereby approving the 2021 Legislative Agenda,
as presented.
Fiscal Impact: N/A
Alternatives: Do not adopt Resolution.
Attachments: Resolution and Legislative Priorities.
Page 93 of 157
RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING
THE 2021 LEGISLATIVE AGENDA.
WHEREAS, in 2011, the City hired Gordon Thomas Honeywell Government Affairs to
benefit the citizens from the expertise and guidance of a lobbying firm that would assist the Mayor
and staff in accomplishing the goals and objectives of the City; and
WHEREAS, each year, they continue to advocate for the legislative priorities of the City
which has included Phase II of the Dekalb Pier construction and expansion project; Bay Street
Pedestrian Path; Rockwell Downtown Pocket Park, and replacement of the McCormick Sewage
Lift Station #2; and
WHEREAS, on October 27, 2020, the Mayor provided Council with the draft 2021
legislative priorities; and
WHEREAS, the City has been provided with the 2021 Legislative Agenda, now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City of Port Orchard hereby adopts the 2021 Legislative Agenda, attached as
Exhibit A.
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 24th day of November 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 94 of 157
CITY OF PORT ORCHARD
City Council
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • Fax: (360) 895-9029
cityhall@cityofportorchard.us
www.cityofportorchard.us
2021 Legislative Priorities
South Kitsap Community Events Center
The City of Port Orchard, in collaboration with the Kitsap Public Facilities District, is developing a portion of the City’s
downtown waterfront as the site of the South Kitsap Community Events Center (SKCEC). Lacking a central gathering
place for decades, the SKCEC will serve the needs of residents, businesses, and community groups from both the City of
Port Orchard and the broader South Kitsap region. The Community Events Center will house a branch of the Kitsap
Regional Library, feature conference space, and could host events including senior and youth programming, social and
human services, outdoor activity clubs, conferences, concerts, and more. The City of Port Orchard is requesting $1
million in the 2021 capital budget for property acquisition.
State Investment in State Routes
Like many cities, Port Orchard faces challenges in maintaining and improving the City’s transportation system. State
routes – Sedgwick Road (State Route 160) and State Route 16 – traverse through the City and serve as both regional and
local thoroughfares. Because these are state routes, the state is responsible for maintaining and improving them to
accommodate the region’s growing population. The City continues to seek $6 million in transportation funding for two
compact roundabouts at the SR-16 and SR-160 interchanges in order to help mitigate congestion along these state routes.
Foster Pilot Program
The City of Port Orchard was chosen by the State for a water resource mitigation pilot project, which will inform a
legislative task force on options for how to respond to the Foster decision. The outcomes of this pilot project, and
ultimately the recommendations of the legislative task force, are of critical importance for the City and the state.
Police Reform
The City of Port Orchard is committed to advancing social and racial justice in our community. The City joins other
jurisdictions in supporting law enforcement and justice reform in the 2021 Legislative Session, including reforms to use of
force, transparency, and accountability. These changes must be accompanied by appropriate State funding.
Newspaper Public Notice Requirements
Cities are currently required to publish all ordinances, resolutions, and public notices in print, contracting with a local
newspaper to act as the city’s official newspaper. This mandate is archaic, duplicative, and expensive for cities. The City
is requesting the Legislature remove the requirement that the official newspaper be in print format.
Protect Locally Approved Transportation Benefit District Funding
As the Legislature deliberates about reforming the use of car tab fees to fund transportation services, it is critical that
policymakers preserve Cities’ ability to utilize locally approved car tab fees. The Joint Transportation Committee’s
Statewide Transportation Needs Assessment has identified a gap of up to $13 billion in City transportation funding. Now
is not the time for the Legislature to remove already limited options.
Derelict Vessel Funding
The City requests enhanced funding for the Department of Natural Resources derelict vessel program. Current funding
levels do not keep up with demand, threatening water transportation and our natural environment.
The City of Port Orchard supports the Association of Washington Cities’ legislative agenda.
Page 95 of 157
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:
November 24, 2020
Subject Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E.
Contract with AtWork! Commercial Public Works Director
Enterprise, LLC for 2021 Tremont Atty Routing No.: 366922.0009 - PW
Landscaping Maintenance Atty Review Date: November 18, 2020
Summary: The City does not have the internal capacity to perform all necessary landscaping services, and
sought a professional landscaping contractor to assist. An Invitation to Bid (ITB) was published in the Kitsap
Sun, the Daily Journal of Commerce, and the City’s webpage on October 30th and November 6th, 2020, for
2021 Tremont Landscaping Maintenance Services. By the November 13th, 2020, 1:00pm Bid deadline, the
City of Port Orchard received three (3) qualified Bids for 2021 Tremont Landscaping Maintenance Services
from the following companies:
Name of Contractor Bid Total
All Pro Building Maintenance $30,921.12
AtWork! Commercial Enterprise LLC $24,939.20
Evergreen Maintenance Landscaping LLC $27,337.20
Upon review by Public Works Staff, the City’s Public Works Department determined that AtWork!
Commercial Enterprise LLC’s bid of $24,939.20 (applicable tax included) was the lowest responsible
bidder for the 2021 Tremont Landscaping Maintenance Services Contract. Additionally, the Public Works
Department has confirmed 1) that the bidding requirement for Purchased Services was followed and 2)
that the project proposal is fully funded within the 2021-2022 Budget.
Relationship to Comprehensive Plan: N/A
Recommendation: Staff recommends that City Council adopt Resolution No. 051-20, authorizing the
Mayor to execute Contract No. C002-21 with AtWork! Commercial Enterprise LLC for 2021 Tremont
Landscaping Maintenance Services in the amount of $24,939.20, and documenting the Formal
Competitive Bid Procurement Procedures.
Motion for Consideration: I move to adopt Resolution No. 051-20, authorizing the Mayor to execute
Contract No. C002-21 with AtWork! Commercial Enterprise LLC for 2021 Tremont Landscaping
Maintenance Services in the amount of $24,939.20.
Page 96 of 157
Staff Report 7F
Page 2 of 2
Fiscal Impact: Appropriate funds have been allocated within the 2021-2022 budget distributed from
the General Fund ($50,000).
Attachments: Resolution No. 051-020 w/Ex A and Contract No. C002-21.
Page 97 of 157
RESOLUTION NO. 051-020
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE CONTRACT NO. C002-21 WITH ATWORK! COMMERCIAL
ENTERPRISE LLC FOR 2021 TREMONT LANDSCAPING MAINTENANCE SERVICES AND
DOCUMENTING PURCHASED SERVICES PROCUREMENT PROCEDURES.
WHEREAS, on October 30, 2020, and November 6, 2020, the City of Port Orchard Public
Works Department published an Invitation to Bid (ITB) for The 2021 Tremont Landscaping
Maintenance Services in the Kitsap Sun, Daily Journal of Commerce, and on the City’s webpage; and
WHEREAS, on November 13th, 2020, by the 1:00pm submittal deadline, the City’s Public
Works Department received three (3) Bids from qualified companies, and Bids were opened live via
Zoom; and
WHEREAS, after review of the Bids and completion of a Bidder Responsibility Checklist, on
November 13th, 2020, the City’s Public Works Department determined that AtWork! Commercial
Enterprise LLC provided the lowest responsive and qualified Bid; 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 City Council approves of and authorizes the Mayor to execute Contract No.
C002-21 with AtWork! Commercial Enterprise LLC for Tremont Landscaping Maintenance
services.
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 Clerk in authentication of such passage on this 24th day of November 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 98 of 157
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C002-21
Public Works Project No. PW2021-001 Rev 4/10/2020
U:\Staff Reports\2020\20201124\7F 03 AtWork C002-21 (unsigned).docx 1 of 11
CITY OF PORT ORCHARD PURCHASED SERVICE AGREEMENT
THIS Agreement (“Agreement”) is made effective as of the 24th day of November, 2020, by and
between the City of Port Orchard, a municipal corporation, organized under the laws of the State of
Washington, whose address is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the “CITY”)
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
And AtWork! Commercial Enterprise LLC a Limited Liability Company (describe the type of
organization, whether corporation, sole proprietorship, etc.), organized under the laws of the State of
Washington, doing business at:
Atwork! Commercial Enterprise LLC (hereinafter the “VENDOR”)
1935 152nd Pl NE
Bellevue, WA 98007
Contact: John Song Phone: 206.434.6623 Email: johns1@workwa.org
for purchased services performed in connection with the following:
2021 Tremont Landscaping Maintenance
TERMS AND CONDITIONS
1. Services by Vendor.
A. The Vendor shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A." The services performed by the Vendor shall not exceed the Scope of Work
without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by
the parties and incorporated in written amendments to the Agreement.
C. This Agreement shall commence on January 1st, 2021, (“Commencement Date”) and
shall terminate December 31st, 2021, unless extended or terminated in writing as provided herein.
Additionally, the City reserves the rights to review the Agreement at regular intervals to assure the
quality of services provided by the Vendor and to offer two (2) one-year extensions prior to
contract expiration to retain the Vendor’s services.
D. Unless otherwise specified in the attached Scope of Work, all tools, equipment, supplies,
chemicals or any other materials necessary for the completion of the services described in the Scope of
Work shall be provided by the Vendor.
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City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C002-21
Public Works Project No. PW2021-001 Rev 4/10/2020
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E. The Vendor shall report any damage or potential hazard involving City property
immediately to the City of Port Orchard Public Works Department or in the case of an emergency by
calling 911. Hazardous conditions shall be immediately remedied or secured by the Vendor to prevent
further damage and/or to protect the public from injury.
F. Any incidents, accidents, or altercations with members of the public or with City staff
shall be immediately reported to the City of Port Orchard Public Works Department. The City’s Public
Works Director may require a written report describing the incident or accident.
G. The Vendor shall remedy, in a timely manner, and at its expense, any damage to City
property due to the negligence of the Vendor or the Vendor’s employees.
2. Schedule of Work.
A. The Vendor shall perform the services described in the scope of work in accordance with
the Schedule attached to this contract as Exhibit “A.” If delays beyond the Vendor's reasonable control
occur, the parties will negotiate in good faith to determine whether an extension is appropriate.
B. The Vendor is authorized to proceed with services upon receipt of a written Notice to
Proceed.
3. Compensation.
LUMP SUM. Compensation for these services shall be a Lump Sum of $_________________.
☒ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $24,939.20 (applicable tax included) without written authorization and will be based on
billing rates and reimbursable expenses attached hereto as Exhibit “A”.
TIME AND MATERIALS. Compensation for these services shall be on a time and materials
basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit
“_____.”
OTHER. _____________________________________________________________
4. Payment.
A. The Vendor shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the
City for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a complete
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Vendor of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute,
and the parties shall immediately make every effort to settle the disputed portion.
C. The Vendor shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for six (6) years after final payment unless a longer period is
required by a third-party agreement. Copies shall be made available on request.
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City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C002-21
Public Works Project No. PW2021-001 Rev 4/10/2020
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D. If the services rendered do not meet the requirements of this Agreement, the Vendor will
correct or modify the work to comply with this Agreement. The City may withhold payment for such
work until the work meets the requirements of the Agreement.
5. Discrimination and Compliance with Laws
A. The Vendor agrees not to discriminate against any employee or applicant for employment
or any other person in the performance of this Agreement because of race, creed, color, national origin,
marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or
ordinance, except for a bona fide occupational qualification.
B. Even though the Vendor is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City’s general right of inspection to secure the satisfactory
completion thereof.
C. The Vendor agrees to comply with all federal, state and municipal laws, rules and
regulations, including but not limited to all health and safety regulations applicable to the work that are
now effective or become applicable within the term(s) of this Agreement to the Vendor’s business,
equipment and personnel engaged in operations covered by this Agreement or accruing out of the
performance of such operations. The Vendor shall comply with all federal and state laws applicable to
independent contractors, including, but not limited to, the Washington State Worker’s Compensation and
Unemployment Insurance laws, and maintenance of a separate set of books and records that reflect all
items of income and expenses of the Vendor’s business, pursuant to Revised Code of Washington (RCW)
51.08.195, as required by law, to show that the services performed by the Vendor under this Agreement
shall not give rise to an employer-employee relationship between the parties, which is subject to Title 51
RCW, Industrial Insurance.
D. The Vendor shall comply with prevailing wage requirements under Washington law.
See, Prevailing Wage Addendum to this Agreement.
E. The Vendor shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
F. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds
for cancellation, termination, or suspension of this Agreement by the City, in whole or in part, and may
result in ineligibility for further work for the City.
6. Relationship of Parties. The parties intend that an independent contractor-client relationship
will be created by this Agreement. As the Vendor is customarily engaged in an independently established
trade which encompasses the specific service provided to the City hereunder, no agent, employee or
representative of the Vendor shall be or shall be deemed to be the employee, agent or representative of the
City. In the performance of the work, the Vendor is an independent contractor with the ability to control
and direct the performance and details of the work, the City being interested only in the results obtained
under this Agreement. None of the benefits provided by the City to its employees, including but not
limited to compensation, insurance, and unemployment insurance, are available from the City to the
employees, agents or representatives of the Vendor. The Vendor will be solely and entirely responsible
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Purchased Service Contract No. C002-21
Public Works Project No. PW2021-001 Rev 4/10/2020
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for its acts and for the acts of its agents, employees, representatives and sub-consultants during the
performance of this Agreement. The City may, during the term(s) of this Agreement, engage other
independent contractors to perform the same or similar work that the Vendor performs hereunder.
7. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time
for public convenience, for the Vendor’s insolvency or bankruptcy, or the Vendor’s assignment for the
benefit of creditors.
B. Termination with cause. The Agreement may be terminated upon the default of the
Vendor and the failure of the Vendor to cure such default within a reasonable time after receiving written
notice of the default.
C. Rights Upon Termination.
1. With or Without Cause. Upon termination for any reason, all finished or
unfinished documents, reports, or other material or work of the Vendor pursuant to this
Agreement shall be submitted to the City, and the Vendor shall be entitled to just and equitable
compensation for any satisfactory work completed prior to the date of termination, not to exceed
the total compensation set forth herein. The Vendor shall not be entitled to any reallocation of
cost, profit or overhead. The Vendor shall not in any event be entitled to anticipated profit on
work not performed because of such termination. The Vendor shall use its best efforts to
minimize the compensation payable under this Agreement in the event of such termination.
Upon termination, the City may take over the work and prosecute the same to completion, by
contract or otherwise.
2. Default. If the Agreement is terminated for default, the Vendor shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Vendor. The Vendor shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for
completing the work, and all damage sustained, or which may be sustained, by the City by reason
of such default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Vendor's reasonable
expenses, and shall be subject to verification. The Vendor shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Vendor in person, termination
shall be effective immediately upon the Vendor’s receipt of the City’s written notice or such date as stated
in the City’s notice of termination, whichever is later. Notice of suspension shall be given to the Vendor
in writing upon one week's advance notice to the Vendor. Such notice shall indicate the anticipated
period of suspension. Notice may also be delivered to the Vendor at the address set forth in Section 14
herein.
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8. Standard of Care.
The Vendor represents and warrants that it, and the Vendor’s employees, have the requisite training, skill
and experience necessary to provide the services under this Agreement and are appropriately accredited
and licensed by all applicable agencies and governmental entities. Services provided by the Vendor and
the Vendor’s employees under this Agreement will be performed in a manner consistent with that degree
of care and skill ordinarily exercised by members of the same profession currently practicing in similar
circumstances.
The Vendor and the Vendor’s employees shall conduct themselves in a professional manner at all times
when on site. The Vendor’s employees shall wear clothing and/or a uniform which clearly identifies
them as an employee of the Vendor.
The Vendor further represents and warrants that it shall provide proper supervision for any employees
utilized to perform the services herein and shall ensure that all employees are properly trained and
qualified. The Vendor shall ensure that all workplace safety requirements of state or federal law are
strictly observed at all times. The Vendor warrants that all employees have been trained to comply with
state and federal standards (including but not limited to standards for handling chemicals, WISHA and
OSHA) relevant to the duties to be performed in accordance with the Scope of Work.
9. Ownership and Use of Documents. All records, files, documents, drawings, specifications, data
or information, regardless of form or format, and all other materials produced by the Vendor in
connection with the services provided to the City, shall be the property of the City whether finished or not
and also whether the project for which they were created is executed or not.
10. Work Performed at the Vendor’s Risk. The Vendor shall take all precautions necessary and
shall be responsible for the safety of its employees, agents and representatives in the performance of the
work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the
Vendor’s own risk, and the Vendor shall be responsible for any loss or damage to materials, tools, or
other articles used or held by the Vendor for use in connection with the work.
11. Indemnification. The Vendor shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorneys' fees, arising out of or in connection with the performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City. The City's
inspection or acceptance of any of the Vendor’s work when completed shall not be grounds to avoid any
of these covenants of indemnification. Nothing in this Agreement shall be construed as creating a
liability or right of indemnification in any third party.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials,
employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the
Vendor's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER. THE VENDOR'S WAIVER OF IMMUNITY UNDER
THE PROVISIONS OF THIS SECTION DOES NOT INCLUDE, OR EXTEND TO, ANY CLAIMS BY
THE VENDOR’S EMPLOYEES DIRECTLY AGAINST THE VENDOR.
12. Insurance. The Vendor shall procure and maintain for the duration of this Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Vendor, its agents, representatives, or employees.
A. Minimum Scope of Insurance
Vendor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00
01 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named by endorsement as an
additional insured under the Vendor’s Commercial General Liability insurance policy
with respect to the work performed for the City.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Vendor’s profession if applicable.
B. Minimum Amounts of Insurance
Vendor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Workers’ Compensation Employer’s Liability each accident $1,000,000. Employer’s
Liability Disease each employee $1,000,000, and Employer’s Liability Disease –
Policy Limit $1,000.00.
4. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
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C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance (as
applicable to each line of coverage):
1. The Vendor’s insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant’s insurance and shall not contribute with it.
2. The Vendor shall provide thirty (30) days written notice by certified mail, return
receipt requested, to the City prior to the cancellation or alteration of coverage.
3. The City will not waive its right to subrogation against the Vendor. The Vendor’s
insurance shall be endorsed to waive the right of
subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If coverage is written on a “claims made” basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof
of this extended reporting period provided by the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
The Vendor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Vendor before commencement of the work.
13. Assigning or Subcontracting. The Vendor shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
14. Notice. Any notices required to be given by the City to the Vendor or by the Vendor to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
VENDOR
Attn: Atwork Commercial Enterprises LLC
1935 152nd PL NE
Bellevue, WA 98807
Phone: 206-434-6623
Fax: 425-274-4060
15. Resolution of Disputes and Governing Law.
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A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision’s true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Vendor under any of the provisions of this
Agreement which cannot be resolved by the Mayor’s determination in a reasonable time, or if the Vendor
does not agree with the Mayor’s decision on a disputed matter, jurisdiction of any resulting litigation shall
be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable
attorneys’ fees from the other party.
16. General Provisions.
A. Non-waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or
more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or
options, and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and the Vendor.
C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
and Addenda attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the City, and such statements shall not be effective or be construed as entering into or
forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The
entire agreement between the parties with respect to the subject matter hereunder is contained in this
Agreement, the Exhibits and Addenda attached hereto, which may or may not have been dated prior to the
execution of this Agreement. All of the above documents are hereby made a part of this Agreement and
form the Agreement document as fully as if the same were set forth herein. Should any language in any
of the Exhibits or Addenda to this Agreement conflict with any language contained in this Agreement,
then this Agreement shall prevail.
17. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of
Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted
programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that
its contracts comply with these regulations.
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Therefore, during the performance of this Agreement, the Vendor, for itself, its assignees, and successors
in interest agrees as follows:
1. Compliance with Regulations: The Vendor will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Vendor, with regard to the work performed by it during this Agreement,
will not discriminate on the grounds of race, color, national origin, sex, age, disability, income-
level, or LEP in the selection and retention of subcontractors, including procurements of materials
and leases of equipment. The Vendor will not participate directly or indirectly in the
discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached
hereto and incorporated herein by this reference, including employment practices when this
Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Vendor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Vendor of the Vendor’s obligations
under this Agreement and the Acts and the Regulations relative to Non-discrimination on the
grounds of race, color, national origin, sex, age, disability, income-level, or LEP.
4. Information and Reports: The Vendor will provide all information and reports required by the
Acts, the Regulations and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Vendor is in the exclusive possession of
another who fails or refuses to furnish the information, the Vendor will so certify to the City or
the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Vendor’s noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Vendor under the Agreement until the Vendor complies;
and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions: The Vendor will include the provisions of paragraphs one through
six in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and directives issued pursuant thereto. The Vendor will take
action with respect to any subcontract or procurement as the City or the FHWA may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the
Vendor becomes involved in, or is threatened with litigation by a subcontractor, or supplier
because of such direction, the Vendor may request the City to enter into any litigation to protect
the interests of the City. In addition, the Vendor may request the United States to enter into the
litigation to protect the interests of the United States.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set
forth above.
CITY OF PORT ORCHARD,
WASHINGTON
By: _______________________________
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATE:
By: _______________________________
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
By: _______________________________
Charlotte A. Archer, City Attorney
VENDOR
By: _______________________________
Name: _______________________________
Title: _______________________________
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APPENDIX A
During the performance of this Agreement, the Vendor, for itself, its assignees, and successors in interest
agrees to comply with the following non-discrimination statutes and authorities; including but not limited
to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7G Meeting Date: November 24, 2020
Subject: Approval of a Contract with South Kitsap Fire Prepared by: M. Brown
and Rescue to Share Funding for the Community Police Chief
Health Navigator Position Atty Routing No.: N/A
Atty Review Date: N/A
Summary: The police department is recommending a new FTE position within the department to serve as a
Community Health Navigator. The position is included in the 2021-2022 budget for approval by the Council as part
of the overall biennial budget. The intent of the ILA is to have the process established for implementation
immediately at the beginning of 2021.
The joint Community Health Navigator will be an adaption of the current Navigator position that is under contract
with the City of Poulsbo. The new Navigator position will continue its work with the police department and be
assigned half-time to the fire department.
The Navigator will engage with individuals identified by first responders as needing intervention and connect them
to resources and social services. The Navigator will also facilitate individuals across all involved systems of care.
The goal of the program will also be to improve coordination with first responders and service providers such as
mental health and chemical dependency counselors, housing providers, and other regional services. The goal is to
reduce the use of emergency services by guiding individuals to necessary resources that may provide longer term
assistance.
This contract covers an upcoming FTE position and provides the framework for successful implementation of the
program.
Recommendation: Staff recommends the Council approve the ILA between the City of Port Orchard and South
Kitsap Fire Rescue to share funding for the Community Health Navigator position.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to authorize the Mayor to execute the interlocal agreement between the City
of Port Orchard and South Kitsap Fire Rescue to share funding for the Community Health Navigator position.
Fiscal Impact: $65,000 annually.
Alternatives: Not approve the ILA and provide additional guidance.
Attachments: ILA between City of Port Orchard and South Kitsap Fire Rescue.
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ORCHARD
AND KITSAP COUNTY FIRE PROTECTION DISTRICT NO. 7 (SOUTH KITSAP FIRE
AND RESCUE) REGARDING A COMMUNITY HEALTH NAVIGATOR PROGRAM
THIS AGREEMENT (“Agreement”) is entered into between the City of Port Orchard (“the
City”) and Kitsap County Fire Protection District No. 7, South Kitsap Fire and Rescue (“the
District”) (individually a “Party” and collectively the “Parties”), under the authority of the
Interlocal Cooperation Act, RCW 39.34, for the purposes set forth herein.
WHEREAS, the City and the District believe there is a need for a Community Health
Navigator Program in South Kitsap; and
WHEREAS, many individuals in the South Kitsap community rely on emergency services
(police and fire) for low acuity calls that could be handled or resolved by alternative resources if
those individuals were aware of available alternative resources; and
WHEREAS, Community Health Navigators build effective working relationships with
individuals after they have been in contact with First Responders, by providing support, education
and assistance to those individuals to help them navigate the complex health care system and by
informing those individuals of the resources available to them; and
WHEREAS, the City and District believe that if individuals in the South Kitsap community
had a resource such as a Community Health Navigator Program, low acuity calls would be reduced,
thus allowing First Responders to better respond to life-threatening emergencies; and
WHEREAS, the City and the District desire to cooperate and commence a Community
Navigator Program that serves the City’s Police Department and the District; and
WHEREAS, the Parties desire to share the costs for the new Community Health Navigator
Program and have come to a mutual understanding as to their responsibilities and wish to set forth
that understanding in writing; NOW, THEREFORE,
THE PARTIES HERETO AGREE AS FOLLOWS:
1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to set forth the
mutual understanding of the Parties as to their respective obligations relating to a Community
Health Navigator Program.
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2. DUTIES AND RESPONSIBILITIES OF THE CITY.
2.1. The Parties agree that the City will be responsible for hiring an individual who will
be responsible for the new Community Health Navigator Program established by
this Agreement. The City may suspend provision of services for the Program
whenever the position is vacant.
2.2. The City agrees that this individual’s sole responsibility shall be as the new
Community Health Navigator. The Community Health Navigator’s
responsibilities are more fully described in the job description attached hereto as
Exhibit A.
2.3. The Community Health Navigator shall be an employee of the City at all times,
and as such, the City shall retain all rights, duties and obligations as an employer
and shall be responsible for all compensation, benefits and resources associated
with the employment of that individual.
2.4. The City shall be responsible for the oversight of the Community Health Navigator
and shall supervise that individual’s daily activities. The Community Health
Navigator is subject to all City administrative policies and is terminable at the
City’s discretion.
2.5. The City agrees that the Community Health Navigator is available for the District’s
Community Health Navigator Program needs for at least 20 hours per week. The
Parties acknowledge, however, that the number of hours worked for the District
may fluctuate depending on the Navigator’s workload.
2.6. The City shall sign and abide by the terms of a Business Associate Agreement to
allow the Parties to share HIPAA protected information.
2.7. The City will provide monthly reports to the District regarding the work performed
by the Community Health Navigator on behalf of the District. The Parties will
mutually agree as to the form and content of the report.
3. DUTIES AND RESPONSIBILITIES OF THE DISTRICT.
3.1. The District agrees to pay for fifty percent (50%) of those costs associated with the
total cost of compensation for the individual hired by the City as the new
Community Health Navigator. This amount shall not exceed $65,000.00 annually,
provided, after the first year, the cap may increase on an annual basis by an amount
equal to the Seattle-Tacoma-Bellevue CPI-U. if requested by the City. In the event
that this Agreement is terminated early, the District shall only be responsible for
its pro-rated share of the cost of the Community Health Navigator.
3.2. The District shall provide transportation for the Community Health Navigator for
work performed by the Community Health Navigator on behalf of the District,
where travel is necessary in the discretion of the District.
3.3. The District shall provide annual HIPAA training for the Community Health
Navigator.
4. DURATION OF AGREEMENT. This Agreement shall take effect upon the date
it is (1) executed fully by both Parties and (2) either filed with the County Auditor or posted on at
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least one of the Parties’ websites in accordance with Section 16 below (“Effective Date”). This
Agreement shall remain in full force and effect for three (3) years starting on the Effective Date,
unless or until earlier terminated as provided for in Section 5.
5. TERMINATION. Either Party may terminate this Agreement at any time by
giving the other Party ninety (90) days advance written notice of the intent to terminate;
PROVIDED that the provisions of Paragraphs 6 and 8 shall survive the termination of this
Agreement.
6. INSURANCE/MUTUAL INDEMNIFICATION. Each Party shall carry
appropriate liability and property damage insurance to cover any loss occasioned by the negligent
actions of the acting Party during the performance of any obligation pursuant to this Agreement,
in the types of coverage and amounts as follows:
• Commercial General Liability in an amount not less than one million dollars
($1,000,000) per occurrence and two million dollars ($1,000,000) aggregate.
• Automobile Liability in an amount not less than one million dollars ($1,000,000)
per occurrence.
• A Certificate of Insurance for worker’s compensation coverage.
The insurance requirements herein shall be deemed satisfied by evidence of a Party’s membership
in a self-insurance pool. Failure on the part of any Party to maintain the insurance as required shall
constitute a material breach of this agreement.
Each Party also agrees to indemnify, defend and hold harmless the other Party and its
elected and appointed officials, officers, employees and agents, from and against all claims, losses,
damages, suits and expenses, including reasonable attorneys’ fees and costs, to the extent they
arise out of, or result from, the negligence or willful misconduct of the indemnitor or its elected or
appointed officials, officers, employees or agents in the performance of this Agreement, provided
the District shall indemnify and hold harmless the City for fifty percent (50%) of any settlement
amount, damages, losses, costs, penalties and fees, including attorney fees, of any nature or kind
arising out of the acts or omissions of the Community Health Navigator while performing duties
on behalf of the District. Solely for purposes of this indemnification provision, each Party waives
the immunity it would otherwise enjoy under RCW Title 51 (Industrial Insurance) and
acknowledges that this waiver was mutually negotiated by the Parties.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the District and the
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City, their officers, officials, employees, and volunteers, the City’s and/or District’s liability
hereunder shall be only to the extent of the City’s and/or District’s negligence.
7. PAYMENT. The District shall pay its portion of the cost associated with the
Community Health Navigator within 30 days of issuance of an invoice by the City. An invoice
will be issued by the City annually for the duration of the Agreement.
8. REVIEW MEETINGS. Every three months, and more often if deemed necessary,
the Parties shall meet to discuss the development and implementation of the Community Health
Navigator Program. The Parties shall review the work being performed by the Community Health
Navigator, review successes and failures and determine whether any changes need to be made to
the program. The Community Health Navigator shall remain an employee of the City at all times,
and the City shall retain the right and duty to supervise and direct the Community Health Navigator
at all times.
9. NO JOINT ENTITY OR PROPERTY. No joint entity or enterprise is created
by this Agreement and no property will be acquired by the Parties under this Agreement. Each
Party will retain independent title to any property acquired by that Party and used in the
performance of the duties and responsibilities provided herein.
10. ADMINISTRATION. This Agreement shall be administered by the City’s Mayor
and the District’s Fire Chief.
11. NOTICE. Any notices to be given under this Agreement shall be delivered in
person or mailed to the Parties at the following addresses:
To the City: Mayor Rob Putaansuu
City of Port Orchard
216 Prospect St.
Port Orchard, WA 98366
To the District: Chief Jeff Faucett
Kitsap County Fire Protection District No. 7 (SKFR)
1974 Fircrest Dr SE
Port Orchard, WA 98366
or to such other persons or addresses as may be provided, from time to time, by the Parties.
Notices given by mail shall be deemed received three (3) days after the same are placed in the U.S.
Mail, postage prepaid, addressed as provided in this section.
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Page 5 of 6
12. SEVERABILITY. In the event that any section, sentence, clause, or paragraph of
this Agreement is held to be invalid by any court of competent jurisdiction, the remainder of this
Agreement shall not be affected and shall remain in full force and effect.
13. NO WAIVER. Any Party’s failure to insist upon strict performance of another
Party’s covenants or agreements, or to exercise any rights, shall not be deemed a waiver or
relinquishment by such Party, and such covenants, agreements and rights shall continue in full
force and effect.
14. INTEGRATED AGREEMENT. This Agreement constitutes the entire
agreement and understanding between the Parties regarding the subject matter hereof and may be
modified only by a written instrument signed by both Parties hereto, and duly authorized by the
governing body for each Party. There are no other verbal or other agreements that modify or affect
this Agreement.
15. COOPERATION / DISPUTES. The Parties shall strive to cooperate with one
another in all reasonable respects and at all reasonable times so the terms and spirit of this
Agreement may be fully implemented for the benefit of both Parties and their constituents. If a
dispute cannot be cooperatively resolved, this Agreement shall be deemed to be made and
construed in accordance with the laws of the State of Washington, and jurisdiction and venue for
any action arising out of this Agreement shall be in Kitsap County, Washington.
16. FILING OF AGREEMENT. Parties shall file a certified copy of this Agreement
with the Kitsap County Auditor or, alternatively, post the Agreement on each Party’s website
before the Agreement becomes effective, as required by RCW 39.34.040.
17. REASONABLE INTERPRETATION. For the reason that both Parties hereto
have had ample opportunity to provide input for the preparation of this Agreement, it shall not be
interpreted in favor of or against either Party. Rather, it shall be provided with a reasonable
interpretation to the end that its terms and intent may be fully and reasonably implemented.
CITY OF PORT ORCHARD KITSAP COUNTY FIRE PROTECTION
DISTRICT NO. 7 (SKFR)
Mayor Robert Putaansuu Chairman Gerald Preuss
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Page 6 of 6
Date: Date:
ATTEST/AUTHENTICATED:
City Clerk, Brandy Rinearson
APPROVED AS TO FORM:
Attorney for the District
APPROVED AS TO FORM:
City Attorney
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7H Meeting Date: November 24, 2020
Subject: Approval of a Contract with Gordon Prepared by: Brandy Rinearson, MMC
Thomas Honeywell - Governmental City Clerk
Affairs for Lobbying Services Atty Routing No.: N/A
Atty Review Date: N/A
Summary: For several years, the City has contracted with Gordon Thomas Honeywell- Governmental
Affairs (GTH-GA) to provide lobbying services for the City. Notable successes have included monies
appropriated for the DeKalb pier project and for the Bay Street Pedestrian Pathway. GTH-GA also provides
regular updates to the Council and City staff regarding legislative issues. The current contract expires on
December 31, 2020.
GTH-GA is willing to continue to provide legislative support. The agreement is for a two-year term. The key
terms are the same as the current contract, except the cost has increased in the second year by almost 2%.
The amount for services in 2021 will remain the same as 2020; but the services will go from $46,200 for
that year to $47,100; not including travel expenses of up to $2,500 annually.
Recommendation: Staff recommends approval of the contract as presented.
Relationship to Comprehensive Plan: N/A.
Motion for consideration: “I move to approve the contract and authorize the Mayor to execute an
agreement for lobbying services with Gordon Thomas Honeywell-Governmental Affairs for the period of
January 1, 2021 through December 31, 2022, as presented.
Fiscal Impact: The contract amounts were anticipated and have been incorporated into the 2021/2022
Biennial budget.
Alternatives: Not approve and provide direction to the Mayor.
Attachments: Contract.
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City of Port Orchard
Gordon Thomas Honeywell-GA
Professional Service Agreement Contract No. __________
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CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the 1st day of January 2021, by and between the City of
Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address
is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the “CITY”)
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
and Gordon Thomas Honeywell Governmental Affairs a Limited Liability Company (describe the
type of organization, whether corporation, sole proprietorship, etc.), organized under the laws of the State
of Washington, doing business at:
Gordon Thomas Honeywell Governmental Affairs (hereinafter the “CONSULTANT”)
1201 Pacific Ave, Suite 2100/PO Box 1677
Tacoma, WA 98401
Contact: Josh Weiss Phone: (253) 620-6500 Fax: (253) 620-6565
for professional services in connection with the following Project:
The City’s Legislative Agenda
TERMS AND CONDITIONS
1. Services by Consultant.
A. Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A" and City Council’s Legislative Agenda attached as Exhibit “B”. The services
performed by the Consultant shall not exceed the Scope of Work without prior written authorization from
the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
2. Terms. This Agreement shall commence on January 1, 2021 and shall terminate on
December 31, 2022, unless extended or terminated in writing as provided herein.
3. Compensation.
LUMP SUM. Compensation for these services shall be a Lump Sum of $_________________.
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X TIME AND MATERIALS NOT TO EXCEED. For the months between January 1, 2021 and
December 31, 2021, the City of Port Orchard shall pay Consultant a monthly fee of $3,850,
including sales tax for the services listed above. For the months between January 1, 2022
and December 31, 2022, the City of Port Orchard shall pay Consultant a monthly fee of
$3,925, including sales tax for the services listed above. Consultant shall only bill
communication and travel expenses, not to not exceed $2,500 per year, including sales tax
for the term of the contract.
TIME AND MATERIALS. Compensation for these services shall be on a time and material basis
according to the list of billing rates and reimbursable expenses attached hereto as Exhibit
“__________.”
OTHER. _____________________________________________________________
4. Payment.
A. Consultant shall maintain time and expense records and provide them to the City monthly
after services have been performed, along with monthly invoices in a format acceptable to the City for work
performed to the date of the invoice.
B. All invoices shall be paid by City warrant within sixty (60) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
C. Consultant shall keep cost records and accounts pertaining to this Agreement available for
inspection by City representatives for three (3) years after final payment unless a longer period is required
by a third-party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply
with all federal and state laws applicable to independent contractors, including, but not limited to, the
maintenance of a separate set of books and records that reflect all items of income and expenses of the
Consultant’s business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an employer-
employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance.
E. If the services rendered do not meet the requirements of the Agreement, Consultant will
correct or modify the work to comply with the Agreement. City may withhold payment for such work until
the work meets the requirements of the Agreement.
5. Discrimination and Compliance with Laws
A. Consultant agrees not to discriminate against any employee or applicant for employment
or any other person in the performance of this Agreement because of race, creed, color, national origin,
marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or
ordinance, except for a bona fide occupational qualification.
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Professional Service Agreement Contract No. __________
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B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City’s general right inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the terms of this Agreement to the
Consultant’s business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written
Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in
ineligibility for further work for City.
6. Relationship of Parties. The parties intend that an independent contractor-client relationship will
be created by this Agreement. As the Consultant is customarily engaged in an independently established
trade which encompasses the specific service provided to the City hereunder, no agent, employee,
representative or sub-consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub-consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work, the
City being interested only in the results obtained under this Agreement. None of the benefits provided by
the City to its employees including, but not limited to, compensation, insurance, and unemployment
insurance are available from the City to the employees, agents, representatives or sub-consultants of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents,
employees, representatives and sub-consultants during the performance of this Agreement. The City may,
during the term of this Agreement, engage other independent contractors to perform the same or similar
work that the Consultant performs hereunder.
7. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time for
public convenience, for the Consultant’s insolvency or bankruptcy, or the Consultant’s assignment for the
benefit of creditors.
B. Termination with cause. The Agreement may be terminated upon the default of the
Consultant.
C. Rights Upon Termination.
1. With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of Consultant pursuant to this Agreement shall be
submitted to City, and Consultant shall be entitled to just and equitable compensation for any
satisfactory work completed prior to the date of termination, not to exceed the total compensation
set forth herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead.
Consultant shall not in any event be entitled to anticipated profit on work not performed because
of such termination. Consultant shall use its best efforts to minimize the compensation payable
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Professional Service Agreement Contract No. __________
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under this Agreement in the event of such termination. Upon termination, the City may take over
the work and prosecute the same to completion, by contract or otherwise.
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or which may be sustained by the City by reason of such
default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses, and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination
shall be effective immediately upon the Consultant’s receipt of the City’s written notice or such date as
stated in the City’s notice of termination, whichever is later. Notice of suspension shall be given to the
Consultant in writing upon one week's advance notice to Consultant. Such notice shall indicate the
anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in
Section 15 herein.
8. Standard of Care. Consultant represents and warrants that it has the requisite training, skill and
experience necessary to provide the services under this agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by Consultant under this
agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised
by members of the same profession currently practicing in similar circumstances.
9. Ownership of Work Product.
A. All data materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of City, shall be forwarded to City at its
request and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph 8
above, all finished or unfinished documents, reports, or other material or work of Consultant pursuant to
this Agreement shall be submitted to City.
B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in Consultant’s possession or known to it, or is rightfully
obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
inadvertent or otherwise.
10. Work Performed at the Consultant’s Risk. The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents and sub-consultants in the performance of
the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at
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Professional Service Agreement Contract No. __________
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the Consultant’s own risk, and the Consultant shall be responsible for any loss or damage to materials, tools,
or other articles used or held by the Consultant for use in connection with the work.
11. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal Costs and attorneys' fees, arising out of or in connection with the performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City. The City's inspection
or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these
covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is Subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and Volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER. THE CONSULTANT'S WAIVER OF IMMUNITY
UNDER THE PROVISIONS OF THIS SECTION DOES NOT INCLUDE, OR EXTEND TO. ANY
CLAIMS BY THE CONSULTANT'S EMPLOYEES DIRECTLY AGAINST THE CONSULTANT.
12. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Consultant, its agents, representatives, or employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant’s Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
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Professional Service Agreement Contract No. __________
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4. Professional Liability insurance appropriate to the Consultant’s profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.+
4. Employer’s Liability each accident $1,000,000, Employer’s Liability Disease each
employee $1,000,000, and Employer’s Liability Disease-Policy Limit $1,000,000.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The Consultant’s insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Consultant’s insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
3. The City will not waive its right to subrogation against the Consultant. The
Consultant’s insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant’s insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If any coverage is written on a “claims made” basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provide to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
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Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
13. Assigning or Subcontracting. Consultant shall not assign, transfer, subcontract or encumber any
rights, duties, or interests accruing from this Agreement without the express prior written consent of the
City, which consent may be withheld in the sole discretion of the City.
14. Notice. Any notices required to be given by the City to Consultant or by Consultant to the City shall
be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: (360) 876-4407
Fax: (360) 895-9029
Gordon Thomas Honeywell Gov. Affairs
Attn: Josh Weiss
1201 Pacific Avenue, Suite 2100
Tacoma, WA 98401
Phone: (253) 620-6500
Fax: (253) 620-6565
15. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision’s true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor’s determination in a reasonable time, or if the
Consultant does not agree with the Mayor’s decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney’s
fees from the other party.
16. General Provisions.
A. Non-waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
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Professional Service Agreement Contract No. __________
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EXHIBIT A
SCOPE OF WORK
Consultant shall provide the City of Port Orchard with the following governmental affairs services:
• Provide the City with a weekly legislative report during the legislative session that includes
weekly hearing schedules, a summary of bills important to the City, and bill tracking. Identify
legislation that would impact the City of Port Orchard specifically.
• Attend all relevant legislative hearings.
• Work with the city to develop a holistic legislative agenda.
• Meet with legislators year round to promote city legislative agenda items.
• Develop and lobby for Transportation and Capital Budget funding requests identified by the
Council.
• Lobby the Legislature on all issues developed under the legislative program.
• Lobby defensively on legislation that is introduced that would negatively impact the City.
• GTH-GA would register as the City’s lobbyist with the Public Disclosure Commission.
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EXHIBIT B
DRAFT 2021-2022 Legislative Priorities
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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 7I Meeting Date: November 24, 2020
Subject: Approval of a Contract with Kitsap County Prepared by: Brandy Rinearson, MMC
Prosecuting Attorney for Prosecution of City Clerk
Municipal Criminal Complaints and Civil Atty Routing No.: N/A
Infractions Atty Review Date: N/A
Summary: For many years, the City has contracted with Kitsap County for legal services for prosecution of
municipal criminal complaints and civil infractions. The current contract expires on December 31, 2020. The
County is willing to continue to provide prosecution services. The amendment to the agreement is for a
two-year term. The key terms are the same as the current contract, except the County’s costs have
increased. In 2020, the City will have paid the County $114,656.24 for prosecution services. The new
contract for 2021 proposes a base figure of $122,886.98 to be paid in equal monthly installments.
This is an increase from the previous draft shared earlier this year. It contained a lower cost under the belief
that implementation of a tentative agreement reached last Spring with the Prosecuting Attorneys Guild
would be postponed due to the budgetary impacts of COVID-19. The Prosecuting Attorneys Guild
challenged the delay in implementation of the wage increase, and the Board of Commissioners has decided
to formally accept the tentative agreement. The wage increase will be effective January 2021. In addition,
the original contract provided for increased compensation in such an event. See Section V of KC-003-19/PO
Contract No. 009-19.
Recommendation: Staff recommends the approval of the contract, as presented.
Relationship to Comprehensive Plan: N/A.
Motion for consideration: “I move to approve a contract and authorize the Mayor to sign the Legal Services
Agreement with Kitsap County for Prosecution Services.”
Fiscal Impact: The new contract reflects a cost increase to the City effective January 1, 2021, which has
been incorporated into the 2021/2022 Biennial budget.
Alternatives: Not approve and provide direction to the Mayor.
Attachments: Amendment, Base Salary Breakdown, and Contact No. 009-19.
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KC-003-19-A
LEGAL SERVICES AGREEMENT AMENDMENT
Prosecution Services
This Legal Services Agreement Amendment for Prosecution Services (this “Agreement”) is
entered into between the City of Port Orchard (the “City”) and the Kitsap County Prosecuting Attorney
(the “Prosecutor”) pursuant to the provisions of Chapter 39.34 RCW (Interlocal Cooperation Act)
effective January 1, 2021. In consideration of the mutual benefits and covenants contained herein, the
parties agree that their Contract, numbered as Kitsap County Contract No. KC-003-19 (Contract) and
executed on January 28, 2019, shall be amended as follows:
1. Effective January 1, 2021, Section 5, Compensation, shall be amended to change the annual
compensation to $122,886.98 beginning on January 1, 2021, to be paid in equal monthly
installments.
2. Section 3, Term of Agreement, shall be amended extending the term of the Agreement through
December 31, 2022.
3. Exhibit A: Scope of Work, Article VII, shall be amended to read as follows:
VII. UPON REQUEST PROVIDE REPORTS TO CITY AND CITY ATTORNEY’S OFFICE
IDENTIFYING TOTAL CASE FILINGS AND CASE DISPOSITIONS.
4. All other provisions of the Contract shall remain unchanged and in full force and effect.
Dated this ____ day of ____________, 2020
CITY OF PORT ORCHARD
Charlotte Archer, City Attorney
____________________________________
Brandy Rinearson, MMC, City Clerk
ATTEST:
____________________________
Dana Daniels, Clerk of the Board
Dated this ____ day of ____________, 2020
KITSAP COUNTY PROSECUTING
ATTORNEY
Chad M. Enright
Kitsap County Prosecuting Attorney
Dated this ____ day of ____________, 2020
BOARD OF COMMISSIONERS
KITSAP COUNTY, WASHINGTON
Charlotte Garrido, Chair
Robert Gelder, Commissioner
Edward Wolfe, Commissioner
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DPA I, Step I 64,147$ 2018 Rates
Q01 -$ 2019 COLA 0.00%
64,147$ 2018 Base Salary
4,907$ Social Security 7.65%
8,259$ Retirement 12.88%
857$ Workers Compensation
13,052$ County Benefit Bucket
91,222$
Legal Assistant, Step I 42,536$ 2018 Rates
AB1 -$ 2019 COLA 0.00%
42,536$ 2018 Base Salary
3,254$ Social Security 7.65%
5,477$ Retirement 12.88%
857$ Workers Compensation
13,052$ County Benefit Bucket
65,176$
21,725$ One-Third Cost
112,948$ Base Contract Amount
***Column B not updated
2019 Prosecution Contract - Base Starting Rate
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DPA I, Step I 64,147$ 2018 Rates
Q01 -$ 2019 COLA 0.00%
64,147$ 2018 Base Salary
4,907$ Social Security 7.65%
8,259$ Retirement 12.88%
857$ Workers Compensation
13,052$ County Benefit Bucket
91,222$
Legal Assistant, Step I 42,536$ 2018 Rates
AB1 -$ 2019 COLA 0.00%
42,536$ 2018 Base Salary
3,254$ Social Security 7.65%
5,477$ Retirement 12.88%
857$ Workers Compensation
13,052$ County Benefit Bucket
65,176$
21,725$ One-Third Cost
112,948$ Base Contract Amount
2019 Prosecution Contract - Base Starting Rate
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64,147.20$ no change to base rate
-$ no change to COLA 0.00%
64,147$
4,907.26$ no change to Social Security 7.65%
8,249.33$ updated PERS 12.86%
842.30$ updated WC
14,357.00$ updated Bene Cost
92,503$
42,536$ no change to base rate
-$ no change to COLA 0.00%
42,536$
3,254.00$ no change to Social Security 7.65%
5,470.13$ updated PERS 12.86%
842.304 updated WC
14,357.00$ updated Bene Cost
66,459$
22,153.15$ no change to allocation at 1/3
114,656.24$ 2020 Base Contract Amount
2020 FTE Cost
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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 7J Meeting Date:
November 24, 2020
Subject: Approval of a Contract with the City of Prepared by: Mark Dorsey, P.E.
Bremerton to Confirm the Service Areas Public Works Director
for the City of Bremerton and the City of Matter 9-Public Works
Port Orchard Water Systems Atty Review Date: August 14, 2020
Summary: The City of Bremerton is currently updating their Water System Plan and requires that the
existing Service Area Agreement between the City of Port Orchard and the City of Bremerton be
updated to reflect a recent adoption date. There are no changes in the new agreement from the
existing agreement and the Retail Services Areas of each of the cities is contained in the Kitsap County
Coordinated Water System Plan.
Relationship to Comprehensive Plan: Chapter 7 – Utilities
Recommendation: Staff recommends authorizing the Mayor to execute a Service Area Agreement
with the City of Bremerton confirming the existing Service Areas for the City of Port Orchard and the
City of Bremerton drinking water systems.
Motion for Consideration: I move to authorize the Mayor to execute a Service Area Agreement with
the City of Bremerton confirming the existing Service Areas for the City of Port Orchard and the City of
Bremerton drinking water systems.
Fiscal Impact: None
Alternatives: N/A
Attachments: Service Area Agreement.
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WATER UTILITY RETAIL SERVICE AREA AGREEMENT
BETWEEN THE CIW OF BREMERTON AND THE CITY OF PORT ORCHARD
PREAMBLE
This Agreement describes the water utility retail service area between the City of Bremerton
(Bremerton) and the City of Port Orchard (Port Orchard). Retail service areas identify the external
boundary of the area for which Bremerton and Port Orchard have assumed retail water service
responsibility as outlined in the Kitsap County Coordinated Water System Plan (CWSP) and contained in
the adopted rules and regulations of the State Department of Health (DOH). Bremerton and Port
Orchard have approved retail service areas and this agreement implements those service areas and
provides for communication and coordination to address future changes in service area, This agreement
does not create a new government entity, nor does it give new authorities or responsibilities to
Bremerton or Port Orchard or to the County or State regulatory agencies, but rather acknowledges the
geographical area for designated service responsibilities,
This agreement is in effect so long as the water utilities remain public water system purveyors and
continue to carry out the obligations inherent in the agreement or until an agreement amendment is
executed, or until terminated in accordance with the terms of this agreement.
The authority for this Agreement is granted by the Public Water System Coordination Act of 1977 ,
Chapter 70.LI6 RCW, having been properly initiated through the provisions of RCW 70.116.040.
WHEREAS, Such an Agreement is required in WAC 246-293-250, Service Area Agreements-
Requirements, of the Public Water System Coordination Act; and
WHEREAS, Designation of retail water utility service areas, together with the cooperation of adjacent
water utilities, will help assure that time, effort, and money are best used by avoiding unnecessary
duplication of service; and
WHEREAS, Definite future water utility retail service areas will facilitate efficient planning for, and
provision of, water system improvements within Kitsap County as growth occurs; and
Water Service Area Agreement
City of Bremerton and City of Port Orchard
Page L
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WHEREAS, Definite retail utility service areas will help assure that water reserved for public water
supply purposes within Kitsap County will be utilized in the future in an efficiently planned manner; and
WHEREAS, no separate legal or administrative entity will be created by this Agreement;
NOW, THEREFORE, the undersigned parties, having entered into this Agreement by their signature,
concur with and will abide by the following provisions:
The terms used within this Agreement shall be as defined in the implementing regulations of Chapter
7O.tL6 RCW, except as identified below,
L. Kitsap Countv Water Utilitv Retail Service Area Map shall mean the maps referenced in this
Agreement, attached hereto and incorporated herein as Attachments A and B, which define the
retail, wholesale, and future water utility service area boundary for the designated water
systems.
2. Retail Water Utilitv Service Area shall mean the designated geographical area in which a
purveyor is responsible for planning and providing water service to its customers. The service
area is composed of both a current and future service area as described in the CWSP. A water
supplier shall not provide waterto individual customers in another purveyor's retail service area
except with the written concurrence of the purveyor responsible for the geographical area in
question. The retail service area may be amended in accordance with the CWSP procedures and
with the concurrence of the affected water purveyors.
3. Lead Asencv for administering the Kitsap County water utility service area agreements and retail
service area maps shall be the Kitsap Public Health District (KPHD) unless otherwise established
by amendment to the CWSP.
Section 1. Water Utilitv Retail Service Area Boundaries The undersigned acknowledge that the
Kitsap County Water Utility Retail Service Area Maps included as Attachments A and B to this
Agreement, identify the current and future area of retail water utility service and planning
responsibilities for the designated utility. The undersigned further acknowledge that there are no retail
service area conflicts between Bremerton and Port Orchard.
Water Service Area Agreement
City of Bremerton and City of Port Orchard
Page 2
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Section 2. Water Utilitv Retail Service Area Boundaries will normally be along parcel boundaries.
Exceptions are noted in Attachments A and B.
Section 3. Boundary Streets Unless separate agreements exist with adjacent water utilities,
Bremerton and Port Orchard agree that existing services on boundary streets shall remain as connected
unless both parties, as per Section 4, agree to transfer of service. These provisions do not disallow the
placement of mains in the same street by adjacent utilities where geographic, economic, or other
constraints make such placement desirable.
Section 4. Boundarv Adiustments lf, at some time in the future, it is in the best interest of
Bremerton and Port Orchard and their customers to make retail service area boundary adjustments,
such modifications must be by amending this agreement. The system that would like to make the
change will send a written request to the adjacent system. Service area adjustments affecting one to
three parcels can be agreed to administratively by the City of Bremerton Director of Public Works and
Utilities and the City of Port Orchard Director of Public Works/City Engineer. The modification will be
documented by a letter signed by both Bremerton and Port Orchard and filed with KPHD. A copy will be
forwarded to the Kitsap Public Utility District for inclusion in the countywide retail service area map.
It is understood by the designated utility that it may decline to provide service within its water utility
retail service area boundary, but in that case, an applicant may be referred to other adjacent utilities, or
to a state certified Satellite Management Agency (SMA), or a new utility may be created. The original
water utility retail service area boundary will be adjusted accordingly.
Section 5. Service Extension Policies The undersigned utility agrees that in order to expand its
current water utility retail service area, other than by addition of retail customers to existing water
mains, orto service in the capacity of a state certified SMA, it shall have adopted design standards and
utility service extension policies. The design standards shall meet or exceed the Kitsap County
Coordinated Water System Plan Minimum Standards and Specifications.
Section 5. Svstems Placed in Receivership State law provides that whenever an action is brought in
superior court to place a public water system in receivership, the petition to the court shall name
Water Service Area Agreement
City of Bremerton and City of Port Orchard
Page 3
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candidates for receiver who have consented to assume operation of the water system. The undersigned
water utility agrees to be named as receiver in such action initiated for systems surrounded by its water
utility retail service area, By this consent, the undersigned does not waive its rights to appear and
participate in the court proceedings to determine acceptable conditions of receivership.
Section 7. Notices: All notices and other written communications required by this Agreement shall
be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have
been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class,
postage pre-paid and addressed to the party at its address as stated below or at such address as any party
may designate at any time in writing.
Director of Public Works & Utilities
City of Bremerton
100 Oyster Bay Ave N
Bremerton, WA 98312
Public Works Director/City Engineer
City of Port Orchard
215 Prospect Street
Port Orchard, WA 98366
Section 8. Dispute Resolution: Disputes will be first addressed at the staff level. Should a dispute
remain, Bremerton and Port Orchard staffwill prepare a joint description of the issue for consideration
by the Bremerton Public Works and Utilities Director and the Port Orchard Public Works Director/City
Engineer. Any unresolved claim by either party against the other related to this Agreement shall be filed
with the Kitsap County Water Utility Coordinating Committee.
Parties may appeal the committee's decision to the Board of County Commissioners. Each party is
responsible for its own attorney's fees and litigation costs.
Section 9. Term of Agreement: This agreement is in effect so long as the water utilities remain
public water system purveyors and continue to carry out the obligations inherent in the agreement or
until an agreement amendment is executed or until terminated pursuant to Section 10.
Water Service Area Agreement
City of Bremerton and City of Port Orchard
Page 4
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Section 10. Termination This agreement may be terminated for convenience by either utility. The
terminating utility must provide at least 60 days' notice of its intent to terminate this agreement prior to
termination for convenience.
This agreement by reference includes the following attachments:
Attachment A: Kitsap County Water Utility Retail Service Area Map - City of Bremerton
Attachment B: Kitsap County Water Utility Retail Service Area Map - City of Port Orchard
lN WITNESS WHEREOF, the undersigned parties acknowledge having the authority to, and have
executed this Agreement as of
City of Port Orchard City of Bremerton
Greg Wheeler
Mayor, City of Port Orchard Mayor, City of Bremerton
,A^n6
Signature Signatu re
Receipt acknowledged and adjacent purveyor concurrence certified
(KPHD)
Date
Water Service Area Agreement
City of Bremerton and City of Port Orchard
Page 5
Page 148 of 157
DocuSign Envelope lD: D4A6BA0D-1 C83-4272-83D5-ABAF3EC24BC2Attachment A: Kitsap County Coordinated Water System Plan Water Utility Retail Service Area Map - City of BremertonWater Service Area AgreementCity of Bremerton and City of Port OrchardPage 6KITSAP COUNTYWASHINGTONCoordinated Water System PlanCity of BremertonWater Service Area andSurrounding PurveyorsLegcndcoordlnated water system PlanWater Service Area by TypeEEEEE No.thwesl water systems!othererinte@lUnconlxled overlapE washingtq water Service CompanyE Water DrskrctE satellile Mangement Arealtrffihl@o o:s05 1 1s :EIEI-GeG€neral Lo€ton of ViewWithrn Kitsap CountyCrtyCommuni9 Waler SystemFede.al-Navy/TribalK'tsap PUD'q'$FhMnsrcw.s P.@Kyes&Mb:{$$;JKKPUDCOXNECTING KITSAPKiMp Pubhc tllity DbhctP.O. Bq 1989, Poulsbo, Washmgtff 99370{s)mls'Fqislrewtud olfte P.U-D eqrshr htuh S^lemPage 149 of 157
DocuSign Envelope lD: D4A6BA0D- I C83-4272-83D5-ABAF3EC24BC2Attachment B: Kitsap County Coordinated Water System Plan Water Utility Retail Service Area Map - City of Port OrchardWater Service Area AgreementCity of Bremerton and City of Port OrchardPage 7KITSAP COUNTYWASHINGTONCoordinated Water System Plancity of Port OrchardWater Service Area andSurrounding PurveyorsLegendCoordinated Water System PlanWater Service Area by Typec'9Communiv Water SystmFedel- Navy /TdbalKitsap PUDNonhwest wats S!6temsOther PrivateUncontested OverlapWashington Waler Seruice CompanyWaler DishctSatellite Mangement Areacw92Wroy!.srbtuba.sLsffih.l!ll|16sePhc6rF-qGeneral L@tion of ViflWi{hin Kitsop C@ntya1'@',;;1tElKPUDlckp Pslic txitrty DistidP.O. Box 1989, Poulsbo, W6hington 98370(J@) 7976$ . FA {@) rc@PMdK@PU.O tugr@fth@Sysst-.-l E-Ffo#1bLL,/IUAmffiE"d,tr-l*TEAtrnleIy(vt9vul t t ilrPjlICity of B/t7b)t--rLIPage 150 of 157
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 7K Meeting Date: November 24, 2020
Subject: Approval of Memorandums of Prepared by: Debbie Lund
Understanding with the Police Guild HR Coordinator
Representing Patrol and with the Police Atty Routing No.: 366922.0008 – HR
Guild Representing Sergeants to Extend Atty Review Date: November 18, 2020
Previous MOU’s Related to Hours of
Work
Summary: At the May 26, 2020, the City Council heard a request from Police Chief Matt Brown to
approve contract language to change the uniformed staff schedule from a mix of five, 8-hour shifts
and four, 10-hour shifts to a schedule utilizing 10 hour and 45 minute shifts with a rotation of work
days and days off. The schedule was approved by the Council, and implemented on a trial basis.
The Police Department has expressed an interest to continue the revised schedule noting a reduction
of overtime related to shift coverage, increased ability to conduct mandated training, additional
supervision in the field, and an overall appreciation of the schedule from staff.
A considerable amount of work went into the schedule change and staff believes it benefits all parties
to continue under the revised schedule for 2021. The schedule and associated benefits will be a topic
of contract negotiations in the fall of 2021 as the current contracts will expire on December 31, 2021.
Recommendation: At the request of the Police Department and with the support of Mayor Putaansuu
and the Finance Director, I recommend the City Council approve the proposed Memorandums of
Understanding (MOUs) to allow the Police Department to continue utilization of the newly
implemented work schedule.
Relationship to Comprehensive Plan: N/A
Motion for consideration:
“I move to authorize the Mayor to sign a Memorandum of Understanding with the Police Guild
representing Patrol Officer and a Memorandum of Understanding with the Police Guild representing
Sergeants to extend the previous MOU related to hours of work, to December 31, 2021.”
Fiscal Impact: N/A
Alternatives: Do not approve the MOU’s and provide alternative guidance.
Attachments: June 3, 2020 MOU between the City and the Police Guild representing Patrol Officer
Employees and June 3, 2020 MOU between the City and the Police Guild representing Sergeant
Page 151 of 157
Staff Report 7K
Page 2 of 2
Employee. (The MOUs under consideration tonight are not public documents until approved by
Council and signed by the parties; they are therefore not attached).
Page 152 of 157
City of Port Orchard
Council Meeting Minutes
Regular Meeting of November 10, 2020
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:32 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 Absent
Councilmember Lucarelli Present via Remote Access
Mayor Pro-Tem Rosapepe Present via Remote Access
Mayor Putaansuu Absent
Staff present via Remote Access: Finance Director Crocker, Community Development Director Bond,
Public Works Director Dorsey, City Attorney Archer, and Deputy City Clerk Floyd.
Mayor Pro-Tem Rosapepe 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 Pro-Tem Rosapepe led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to remove the agenda
item E from this evening’s agenda and schedule it for our next Council meeting.
Councilmember Ashby noted we just received this agreement, and she has several questions but the
Mayor and the Police Chief are not available this evening.
In response to Councilmember Lucarelli, Councilmember Ashby said this is regarding Business Item
7E [Approval of a Contract with South Kitsap Fire and Rescue to Share Funding for the Community
Health Navigator Position].
The motion carried.
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Minutes of November 10, 2020
Page 2 of 5
MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to approve the agenda
as amended.
The motion carried.
3. CITIZENS COMMENTS
Kim Panteloglow thanked Council and staff for their hard work on getting Landis Court on the agenda
to be a public road.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 80816 through 80894, including bank drafts in the amount of
$327,775.64 and EFT’s in the amount of $ 5,821.79 totaling $333,597.43.
B. Approval of Payroll Check Nos. 80810 through 80815 and 80895 through 80898 including bank
drafts and EFT’s in the amount of $382,776.94; and Direct Deposits in the amount of $361,698.41
totaling $744,475.32.
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the consent
agenda as published.
The motion carried.
5. PRESENTATION
There were no presentations.
6. PUBLIC HEARING
There were no public hearings.
7. BUSINESS ITEMS
A. Adoption of a Resolution Approving a Contract with Charon Drilling, Inc. for the 2020-2021
Well #11 Modification and Testing and Decommissioning of Wells #1 and #2 and Documenting
Procurement Procedures
MOTION: By Councilmember Lucarelli, seconded by Councilmember Cucciardi, to adopt Resolution
No. 040-20, and authorize the Mayor Pro-Tem to execute Contract No. C074-20 with Charon Drilling,
Inc. in the amount of $98,200 for the 2020-2021 Well #11 Modification and Testing and
Decommissioning of Wells #1 and #2 Project.
The motion carried.
(Resolution No. 040-20 and Contract No. 074-20)
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Minutes of November 10, 2020
Page 3 of 5
B. Adoption of a Resolution Approving an Agreement with the McCormick Meadows HOA
Concerning Landis Court SW
MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt a Resolution
authorizing the Mayor Pro-Tem to execute an agreement with the McCormick Meadows HOA and
Feigley Road Partners LLC concerning Landis Court SW.
The main motion carried.
(Resolution No. 052-20 and Contract No. 087-20)
C. Adoption of a Resolution Repealing Resolution No. 022-12 and Adopting Updated Financial
Policies
MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to adopt a resolution
repealing No. 022-12 and adopting the updated and revised Financial Policies.
The motion carried.
(Resolution No. 053-20)
D. Adoption of a Resolution Accepting the Lodging Tax Advisory Committee’s Recommendation
for 2021 Funding Allocation
MOTION: By Councilmember Clauson, seconded by Councilmember Chang, to adopt a resolution,
accepting the Lodging Tax Advisory Committee’s recommendation for the 2021 funding allocation,
as presented.
The motion carried.
(Resolution No. 054-20)
E. Approval of the October 27, 2020 Council Meeting Minutes
MOTION: By Councilmember Clauson, seconded by Councilmember Ashby, to approve the Council
meeting minutes as published.
The motion passed. Councilmember Cucciardi abstained.
8. DISCUSSION ITEMS (No Action to be Taken)
A. Use of the Van Zee Park by a Recreational Sports Organization
Deputy City Clerk Floyd explained the South Kitsap Soccer Club would like to use the Van Zee park
for soccer practice in the evening from November through March for 1 to 2 teams. Their insurance
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Minutes of November 10, 2020
Page 4 of 5
would have to inspect the field for safety. Staff is looking for direction if Council wishes to lease the
field to them and if so, what the monthly lease would be.
Discussion was held regarding possible damage to the field, lighting pricing, prior use of the field by
sports organizations, verifying if the organization has had time to investigate the field for safety and
if they are still interested in using the field.
Council Direction: Staff was directed to reach out to the organization and verify if they are still
interested in utilizing the field and if they had a chance to investigate the field for safety.
9. REPORTS OF COUNCIL COMMITTEES
Councilmember Clauson reported the Finance Committee is scheduled to meet November 23rd.
Councilmember Cucciardi reported the Economic Development and Tourism Committee is scheduled
to meet December 14th.
Councilmember Lucarelli reported the Utilities Committee is scheduled to meet November 17th. The
Sewer Advisory Committee is scheduled to meet November 18th. The Festival of Chimes and Lights
Committee is scheduled to meet November 16th.
Councilmember Chang reported the Land Use Committee is scheduled to meet December 9th.
Councilmember Ashby reported the Transportation Committee is scheduled to meet November 24th.
She also reported on Peninsula RTPO [Regional Transportation Planning Organization] meetings, and
Kitsap Regional Coordinating Council Legislative Reception.
10. REPORT OF MAYOR
There was no report of the Mayor.
11. REPORT OF DEPARTMENT HEADS
Finance Director Crocker reported the affordable housing tax revenue contract is up at the end of
the year, but the contract offers a one-year extension. He asked Council if they would like to move
forward with extending the contract for one more year.
A brief discussion was held regarding the contract and Council voiced no objections.
City Attorney Archer reported on the Governor’s OPMA/PRA [Open Public Meetings Act and Public
Records Act] proclamation.
12. CITIZEN COMMENTS
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Minutes of November 10, 2020
Page 5 of 5
There were no citizen comments.
13. EXECUTIVE SESSION
At 7:12 p.m. Mayor Pro-Tem Rosapepe recessed the meeting for a 20-minute executive session to
discuss pending and potential litigation pursuant to RCW 42.30.110(1)(i). City Attorney Archer, Public
Works Director Dorsey, Community Development Director Bond and Finance Director Crocker were
invited to attend, and Mayor Pro-Tem Rosapepe announced to action will be taken.
14. ADJOURNMENT
The meeting adjourned at 7:32 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Jay Rosapepe, Mayor Pro-Tem
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