12/15/2020 - Regular - PacketCity of Port Orchard Council Meeting Agenda
December 15, 2020
6:30 p.m.
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/83548742675
Zoom Meeting ID: 835 4874 2675
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 Approving Mayoral Appointment for Boards,
Committee, Commissions (Rinearson) Page 4
D.Approval of a Contract with LaCross & Murphy, PLLC for Public Defender
Services (Rinearson) Page 6
E.Adoption of a Resolution Adopting the 2021 City Council Meeting
Schedule (Rinearson) Page 22
F.Adoption of a Resolution Approving a Contract with Hart Crowser, Inc.
for 2021-2023 Third-Party Geotechnical and Hydrological Consulting
Services (Bond) Page 24
G.Adoption of a Resolution Approving a Contract with Grette Associates,
LLC for 2021-2023 On-Call Critical Areas Review and Consulting Services
(Bond) Page 38
H.Approval of a Contract with Kitsap County Sheriff’s Office for Mutual Aid
and Traffic Safety Task Force (M. Brown) Page 52
I.Excusal of Councilmember Ashby Due to Personal Reasons
5.PRESENTATION
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.
December 15, 2020, Meeting Agenda Page 2 of 3
7. BUSINESS ITEMS
A. Adoption of a Resolution Approving a Contract with AtWork! Commercial Enterprise LLC for 2021
Various Areas Landscaping Maintenance (Dorsey) Page 69
B. Adoption of a Resolution Approving Agreement No. 6 to Contract No. 071-16 with WSP USA (formerly
Berger ABAM) for the Final Closeout of the Tremont Street Widening Project CACM (Dorsey) Page 86
C. Adoption of a Resolution Approving a Contract with MurraySmith, Inc. for the 2020-2021 McCormick
Village Park Splash Pad Value Engineering Project & Documenting Procurement Procedures (Dorsey)
Page 114
D. Approve and Ratify the Mayor’s Third Extension of Proclamation of Local Emergency Pursuant to RCW
38.52.070 (Archer) Page 127
E. Approval of Change Order No. 31 to Contract No. 037-17 with Active Construction, Inc. for the Tremont
Street Widening Project-Closeout (Dorsey) Page 133
F. Approval of a Memorandum of Understanding with Teamsters Local 589 representing Police Support
Staff regarding the Community Health Navigator (Lund) Page 153
G. Approval of the December 8, 2020, City Council Meeting Minutes Page 154
8. DISCUSSION ITEMS (No Action to be Taken)
A. RMSA Required Training for 2021 (Lund) Page 160
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 January 19, 2021; 5:00pm Remote Attendance
Economic Development and Tourism December 14, 2020; 9:30am – 2nd
Monday of each month
Remote Attendance
Utilities January 19, 2021; 5:00pm - 3rd
Tuesday of each month
Remote Attendance
Sewer Advisory TBD, 2021 Remote Attendance
Land Use January 13, 2021; 4:30pm Remote Attendance
Transportation January 26, 2021; 5:00pm; 4th
Tuesday of each month
Remote Attendance
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.
December 15, 2020, Meeting Agenda Page 3 of 3
Lodging Tax Advisory February, 2021 Remote Attendance
Festival of Chimes & Lights January, 2021 Remote Attendance
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: December 15, 2020
Subject: Adoption of a Resolution Confirming Prepared by: Brandy Rinearson, MMC
Mayoral Appointments to Boards, City Clerk
Committees, and Commissions Atty Routing No.: N/A
Atty Review Date: N/A
Summary: Annually, the City Clerk’s office reviews the expiring terms and/or vacancy of members of various
boards, committees, and commissions.
The Mayor has appointed the following persons to the Boards, Committee, and Commissions:
• Planning Commission: Re-appointments of Annette Stewart, Position No. 1 and Stephanie Bailey,
Position No. 2, for four-year terms expiring December 31, 2024; and
• Design Review Board: Re-appointment of Ken Kambich, Position No. 3, for a three-year term expiring
December 31, 2023; and
• Animal Control Appeal Board: Re-appointment of Veterinarian Dr. Nancy Isbell and resident Lorraine
Olson for a three-year term expiring December 31, 2023.
• Kitsap County Solid Waste Advisory Committee: Re-appointment of Stephanie Bailey for a four-year
term expiring December 31, 2024.
Recommendation: Mayor Putaansuu recommends adoption of a Resolution confirming his appointments,
as presented.
Relationship to Comprehensive Plan: N/A.
Motion for consideration: “I move to adopt a Resolution confirming the Mayor’s appointments to the
Boards, Committees, and Commissions, as set forth in the Resolution presented.”
Fiscal Impact: None.
Alternatives: Not confirm the Mayor’s appointment and provide further direction to Mayor.
Attachments: Resolution.
Page 4 of 163
RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
CONFIRMING MAYORAL APPOINTMENTS TO THE PLANNING
COMMISSION, DESIGN REVIEW BOARD, ANIMAL CONTROL APPEAL
BOARD, AND THE KITSAP COUNTY SOLID WASTE ADVISORY COMMITTEE
WHEREAS, the Mayor is authorized to appoint volunteers to fill expired or vacant terms
on the various boards, committees, and commissions, upon confirmation of the City Council;
and
WHEREAS, the following boards, committees, and commissions have expiring terms;
now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City Council of the City of Port Orchard does hereby confirm
the re-appointments of Stephanie Bailey and Annette Stewart for four-
year terms expiring December 31, 2024, to the Planning Commission.
THAT: The City Council of the City of Port Orchard does hereby confirm
the re-appointment of Ken Kambich for a three-year term expiring
December 31, 2023, to the Design Review Board.
THAT: The City Council of the City of Port Orchard does hereby confirm
the re-appointments of Dr. Nancy Isbell and Lorraine Olson for three-year
terms expiring December 31, 2023, to the Animal Control Appeal Board.
THAT: The City Council of the City of Port Orchard does hereby confirm
the re-appointment of Stephanie Bailey for a four-year term expiring
December 31, 2024, to the Kitsap County Solid Waste Advisory
Committee.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 15th day of December 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 5 of 163
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 4F Meeting Date: December 15, 2020
Subject: Approval of a Contract with LaCross & Prepared by: Brandy Rinearson, MMC
Murphy, PLLC for Public Defender City Clerk
Services Atty Routing No.: N/A
Atty Review Date: N/A
Summary: Ordinance No. 023-14, establishes Chapter 9.09 Public Defense Services in the Port Orchard
Municipal Code in compliance with state law and new Washington Supreme Court standards for public
defense. Under Chapter 9.09 POMC, public defenders are subject to caseload limits, which increases costs
associated with providing public defense service over the last few years. The proposed annual contract
amount for 2021 is $135,060 and $139,800 for 2022.
Relationship to Comprehensive Plan: None.
Recommendation: Staff recommends approving the contract as presented.
Motion for consideration: “I move to approve the contract and authorize the Mayor to execute an
agreement for public defense services with LaCross & Murphy, PLLC 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: None.
Attachments: Contract
Page 6 of 163
Contract No._______
CITY OF PORT ORCHARD
PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE
THIS AGREEMENT is made effective as of the 1st 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 LaCross & Murphy, P LLC, a limited liability corporation, organized under the laws
of the State of Washington, doing business at:
LaCross & Murphy, PLLC ("PUBLIC DEFENDER")
559 Bay Street
Port Orchard, WA 98366
Contact: Jacob Murphy
Phone: 360-895-1555 Fax: 360-895-1554
for the provision of legal services to serve as designated Public Defender for the City of
Port Orchard, serving the Port Orchard Municipal Court. This contract replaces and supersedes
the previous contract with Public Defender dated July 1, 2015.
Section 1. Purpose.
The purpose of this Agreement is to ensure that the City receives professional services
from the Attorney in an effective, timely and cost efficient manner while ensuring that the
Attorney is appropriately and fairly compensated for services rendered.
Section 2. Scope of Service.
A. Public Defender shall perform the services described in the Scope of Work
attached to this Agreement as Exhibit "A," in full compliance with Port Orchard Municipal Code
Chapter 9.09, Public Defense Services, the Washington State Supreme Court Standards for
Indigent Defense (CrLJ 3.1 Standards), and the Washington State Bar Association Standards for
Indigent Services, requirements of which are incorporated into this Agreement by reference as if
fully set forth herein. The services performed by the public defender shall not exceed the Scope
of Work without prior written authorization from the City.
Page 7 of 163
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. As set forth in Exhibit A, the Public Defender shall provide the City with reports
and documents related to this Agreement.
D. Within thirty (30) days of receiving notice of award of this Agreement and on an
annual basis thereafter, Public Defender shall submit the Public Defender Certification Form,
which is attached hereto as Exhibit B, to the City Clerk attesting that the Public Defender and
any other attorneys who perform services for the City comply with all of the standards identified
in Section l(A) above, and requirements of this Agreement.
Section 3. Schedule of Work/Term.
A. The term of this Agreement shall be for two (2) years, PROVIDED, HOWEVER,
that absent an agreement being entered by the City with another lawyer or law firm, the Public
Defender shall remain as attorney of record on all cases to which the Public Defender has been
appointed until the court's jurisdiction is terminated by the Court, unless withdrawal is permitted
by the Court, as may be required by the Rules of Professional Conduct. Such representation
shall continue beyond the term of this Agreement and all provisions of this Agreement shall
continue to apply to services performed.
B. The Agreement will be automatically renewed for two-year periods without action
being taken by either party , unless terminated or suspended as provided in Section 6 herein.
Section 4. Compensation.
Compensation for these services shall be as set forth in Exhibit C, attached hereto and
incorporated herein by this reference. Although payment is made at a flat monthly rate , it is
understood by all parties that compensation shall be for all services rendered and all
appointments made by the court in each calendar month. Upon acceptance of payment, the
Public Defender will be deemed fully compensated for representation on cases appointed during
the calendar month, and shall be obligated to complete his/her duties to each client under the
Scope of Work (Exhibit A), so long as the Public Defender is attorney of record, without
additional compensation.
Section 5. Independent Contractor Status.
It is expressly understood and agreed that Public Defender, while engaged in carrying out
and complying with any of the terms and conditions of this Agreement, is an independent
contractor and is not an employee of the City. No agent, employee or representative of the
Public Defender shall be or shall be deemed to be the employee, agent or representative of the
Page 8 of 163
City . The parties agree that the Public Defender has the ability to control and direct the performance
and details of his work, the City being interested only in the results obtained . 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 Public Defender. The Public Defender will be solely and entirely responsible for its
acts and for the acts of its agents, employees and representatives during the performance of this
Agreement.
Section 6. Billings.
A. Public Defender 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 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 Public Defender 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. Public Defender shall keep cost records and accounting 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 Public
Defender 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 Public Defender's business, pursuant to Revised Code of
Washington (RCW) 51.08.195, as required by law, to show that the services performed by the
Public Defender under this Agreement shall not give rise to an employer -employee relationship
between the parties, which is subject to Title 51 RCW, Industrial Insurance.
Section 7. Discrimination and Compli ance with Laws
A. Public Defender 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. The Public Defender 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 Public Defender's business, equipment and personnel engaged in activities covered by
this Agreement or accruing out of the performance of such activities.
Page 9 of 163
4 of 15
C. Public Defender shall obtain a City of Port Orchard business license prior to
commencing services under this Agreement, or within thirty (30) days of notice of award of the
Agreement to the Public Defender, whichever occurs first.
D. Under no circumstances will Public Defender transport by vehicle, or any other
mode of transportation, any persons he/she represents as Public Defender, under the terms of this
Agreement. Should Public Defender transport any person in violation of this provision, Public
Defender assumes all risk and liability and shall defend , indemnify and hold the City , its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including attorneys' fees and costs, arising out of or resulting from the transport of such
persons. This section shall survive expiration of this Agreement.
E. Violation of this Section 7 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 .
Section 8. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by either party
with or without cause by providing one-hundred twenty (120) days ' written notice to the other
party at the addresses set forth in Section 15.
B. Termination with cause . The Agreement may be terminated for "good cause."
Good cause shall include the failure of the Public Defender to render adequate representation to
clients, the willful disregard of the rights and best interests of the client, and the willful disregard
of the applicable standards described herein. Termination may also occur for violation of the
express terms of this Agreement, provided that the Public Defender shall be provided reasonable
opportunity , following notice, to cure any technical violations of this Agreement that do not
impair the provision of quality representation to the indigent client.
C. Rights Upon Termination.
1. Without or Without Cause. Upon termination for any reason, all finished
or unfinished documents, reports, or other material of Public Defender prepared pursuant
to this Agreement shall be submitted to City, and Public Defender 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. Public Defender shall
not be entitled to any reallocation of cost, profit or overhead. Public Defender shall not
in any event be entitled to anticipated profit on work not performed because of such
termination. Public Defender shall use its best efforts to minimize the compensation
payable under this Agreement in the event of such termination.
Page 10 of 163
5 of 15
2. Default. If the Agreement is terminated for default, the Public Defender
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 Public
Defender. The Public Defender 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. Such
notice shall indicate the anticipated period of suspension. Any reimbursement for expenses
incurred due to the suspension shall be limited to the Public Defender's reasonable expenses, and
shall be subject to verification. The Public Defender 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 Public Defender in
person, termination shall be effective immediately upon the Public Defender '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 Public Defender in writing upon one week's advance
notice to Public Defender. Such notice shall indicate the anticipated period of suspension.
Notice may also be delivered to the Public Defender at the address set forth in Section 15 herein.
F. If, within sixty (60) days of commencing the services contemplated in this
Agreement, the City is not satisfied with the work performance of the person assigned by the
Public Defender to perform services, the City may terminate this Agreement by providing thirty
(30) days ' written notice to the Public Defender.
Section 9. Standard of Care.
Public Defender 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 Public
Defender under this agreement will be performed in a mam1er consistent with that degree of care
and skill ordinarily exercised by members of the same profession currently practicing in similar
circumstances.
Section 10. Ownership of Work Product.
All data, materials, reports, memoranda and other documents developed under this
Agreement, whether finished or not, shall become the property of the City and shall be
forwarded to the City at its request and may be used by the City as it sees fit. Upon termination
of this Agreement pursuant to Section 8 above, all finished or unfinished documents, reports or
other material or work of Public Defender prepared pursuant to this Agreement shall be
submitted to the City . The City agrees that if it uses documents prepared by Public Defender for
Page 11 of 163
6 of 15
purposes other than those intended in this Agreement, that it does so at its sole risk and it agrees
to hold Public Defender harmless therefore.
Section 11. Performance of Agreement at the Public Defender's Risk.
The Public Defender shall take all precautions necessary and shall be responsible for the
safety of its employees and agents in the performance of the work hereunder, and shall utilize all
protection necessary for that purpose. All work shall be done at the Public Defender's own risk,
and the Public Defender shall be responsible for any loss or damage to computers, equipment, or
other articles used or held by the Public Defender for use in connection with this Agreement.
Section 12. Indemnification.
The Public Defender shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors
or omissions of the Public Defender, its employees or agents in the performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE PUBLIC DEFENDER'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
PUBLIC DEFENDER'S WAIVER OF IMMUNITY UNDER THE PROVISIONS OF THIS
SECTION DOES NOT INCLUDE, OR EXTEND TO. ANY CLAIMS BY THE PUBLIC
DEFENDER'S EMPLOYEES DIRECTLY AGAINST THE PUBLIC DEFENDER.
Section 13. Insurance.
The Public Defender 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 Public Defender, its agents, representatives,
or employees.
A. Minimum Scope of Insurance
Public Defender shall obtain insurance of the types described below: I. 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.
Page 12 of 163
7 of 15
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 Public Defender'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 malpractice insurance (see below).
B. Minimum Amounts of Insurance
Public Defender 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 Public Defender'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 Public Defender's insurance and
shall not contribute with it.
2. The Public Defender '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 Public Defender. The Public Defenders insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Public Defender's
Page 13 of 163
8 of 15
insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City.
4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City.
D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
Public Defender 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 Public Defender before commencement of the work.
Section 14. Assigning or Subcontracting.
Public Defender 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.
Section 15. Notice.
Any notices required to be given by the City to Public Defender or by Public Defender to
the City shall be in writing and delivered to the parties at the following addresses:
Brandy Rinearson, City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Phone: 360-876-4407
Fax: 360-895-9029
LaCross & Murphy , P LLC. Attn:
Jacob Murphy
559 Bay Street
Port Orchard, W A 98366
Phone: 360-895-1555
Section 16. Resolution of Disputes and Governing Law.
A. If any dispute arises between the City and the Public Defender under any of the
provisions of this Agreement, jurisdiction of any resulting litigation shall be filed in Kitsap
County Superior Court, Kitsap County, Washington.
Page 14 of 163
B. 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.
Section 17. General Provisions.
A. Non-waiver of Breach. The failure of either party to insist upon strict
performance of any of the covenants and agreements contained herein, or to exercise any option
herein contained in one or more instances, shall not be construed to be a waiver or
relinquishment of said covenants, agreements, or options, and the same shall be in full force and
effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and the Public Defender.
C. Severability. The provisions of this Agreement are declared to be severable. If
any provision of this Agreement is for any reason held by a court of competent jurisdiction to be
invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other provision.
D. Entire Agreement. The written provisions of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the City, and such statements shall not be effective or be construed as entering
into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement
documents. The entire agreement between the parties with respect to the subject matter
hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may
not have been dated prior to the execution of this Agreement. All of the above documents are
hereby made a part of this Agreement and form the Agreement document as fully as if the same
were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with
any language contained in this Agreement, then this Agreement shall prevail.
E. Conflict of Interest. Public Defender warrants and covenants that Public
Defender presently has no interest in, nor shall any interest be hereinafter acquired in, any matter
which will render the services required under the provisions of this Agreement a violation of any
applicable state, local or federal law or any rule of professional conduct. In the event that any
conflict of interest should nevertheless hereinafter arise, Public Defender shall promptly notify
the City of the existence of such conflict of interest.
F. Time is of the Essence. Public Defender agrees to diligently prosecute the
services to be provided under this Agreement to completion and in accordance with any
schedules specified herein. In the performance of this Agreement, time is of the essence.
Page 15 of 163
G. Confidentiality. Public Defender agrees to maintain in confidence and not
disclose to any person, association, or business, without prior written consent of the City, any
secret, confidential information, knowledge or data relating to the products, process or operation
of the City and/or any of its departments and divisions. Public Defender further agrees to maintain
in confidence and not disclose to any person, association, or business any data, information or
material developed or obtained by Public Defender during the term of this Agreement. The
covenants contained in this paragraph shall survive the termination of this Agreement for
whatever cause.
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
Date: ___________________
ATTEST/AUTHENTICATED:
By: _______________________________
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
By: _______________________________
Charlotte Archer, City Attorney
LaCross & Murphy, PLLC
By: _______________________________
Jacob Murphy, Managing Member
Date: ___________________
Page 16 of 163
EXHIBIT-A
SCOPE OF WORK AND MINIMUM QUALIFICATIONS
Minim urn Experience/Qualifications
1 . Each attorney who is proposed to perform services pursuant to this RFP must be a
member in good standing with the Washington State Bar Association. No Rule 9
attorneys will be allowed to perform any services under this agreement.
2. The Public Defender appointed pursuant to this RFP must have a minimum of 3 years of
criminal law experience. The Public Defender may retain the assistance of other qualified
attorneys in his or her firm. At all times, the designated Public Defender will properly
supervise attorneys having less than 3 years of experience to ensure that defendants
charged in the Port Orchard Municipal Court receive competent legal representation.
3. The Public Defender and any attorneys working under the supervision of the Public
Defender shall comply with qualifications .and training requirements in Section 9.09.070
of the City Municipal Code, including but not limited to, completion of at least seven (7)
hours of training approved by the Washington State Office of Public Defense each
calendar year.
Scope of Service
The firm awarded the contract shall be designated Public Defender for the City 's Municipal
Court, and shall be duly appointed to represent all defendants who are appointed legal counsel by
the Port Orchard Municipal Court.
The Public Defender will designate Daniel Peet (WSBA 43787) to be the primary attorney
assigned to perform these services. Should the designated attorney be unavailable or exceed
caseload limitations, the following attorneys will assist the designated primary attorney : David
LaCross (WSBA 31417) and Jacob Murphy (WSBA 29818). Should the firm hire additional
legal counsel, said counsel shall not be authorized to appear on behalf of the Public Defender
absent prior written consent of the City.
Representation as the City 's Public Defender shall include but not be limited to:
1. Attending all scheduled court appearances. In the event of vacation or illness Public
Defender is responsible for arranging coverage by another qualified attorney .
2. Acting as stand-by counsel available in court or by videoconference hearing to all
defendants at arraignments and in-custody bail hearings;
3. Representation of appointed cases at pre-trial hearings, trials, sentencing, and post-
disposition proceedings; and
Page 17 of 163
4. Representation of criminal defendants on appeals to Superior Court when appropriate.
5. The Public Defender shall consult with defendants prior to pretrial hearings.
Appointment as the City's Public Defender will require meetings with defendants at the
Public Defender's office or at the Kitsap County Jail. Failure to consult with
defendants prior to pretrial shall only be excused for good cause. Examples of "good
cause" include: scheduled vacation, illness, extended trials, or when the defendant fails
to cooperate with the Public Defender in scheduling a time to consult.
6. Pursuant to CrRLJ 3.1 (c)(1)-(2), Public Defender services shall also include providing
legal representation to persons wishing to consult with an attorney while in the custody
of the Port Orchard Police Department. The City's Public Defender shall ensure that
an attorney is available at all times (24 hours a day) to provide legal representation,
including evenings, holidays, and weekends. The City's Public Defender shall provide
the Port Orchard Police Department with a monthly schedule of attorneys available to
receive calls during non-business hours. This schedule shall include the name of the
attorney and a designated telephone or cellular phone number. Only attorneys who
meet the experience requirements set forth above, and are either a member of the
Public Defender's firm or have received prior written approval by the City may be
included in the above-described schedule.
7. When a defendant exercises his or her right to trial, the City's Public Defender shall
diligently prepare for trial and ensure that the defendant receives adequate
representation. Preparation for trial shall include but not be limited to: interviewing
witnesses identified by the City Prosecutor, interviewing witnesses identified by the
defendant, review of police reports and evidence, research legal issues, preparing a
witness list on behalf of the defendant, and consultation with the defendant.
8. Absent an agreement being entered by the City with another lawyer or law firm, the
Public Defender shall remain as the attorney of record on all cases to which the Public
Defender has been appointed until the court's jurisdiction is terminated by the Court,
unless withdrawal is permitted by the Court as may be required by the Rules of
Professional Conduct.
9. If a defendant represented by the City's Public Defender elects to appeal a conviction to
Superior Court, the Public Defender is responsible for timely filing a Notice of
Appeal to Superior Court.
10. Services do not extend to forfeiture hearings or hearings with the Department of
Licensing.
Page 18 of 163
11. The City and /or Port Orchard Municipal Court will provide a space for the Public
Defender's assigned attorney to consult with clients
12. The Public Defender will cooperate with the City in any efforts to seek grant funding;
and will agree that the scope of services may be renegotiated if necessary to fulfill
conditions of grant funding.
Caseload Limits
The Public Defender shall comply with caseload and private practice limits specified in Section
9.09.040 of the City Municipal Code. The Public Defender shall not exceed four hundred (400)
cases in any calendar period. A case is defined as the filing of a document with the Court
naming a person as a defendant or respondent, to which an attorney is appointed in order to
provide representation.
The Public Defender shall not perform services under any other similar contract which, taken in
conjunction with the services to be performed under the contract, would exceed the case count
in any calendar year. If the Public Defender is carrying a caseload consisting of cases
performed under contract with the City, as well as other criminal cases from other jurisdictions,
including a mixed caseload of felonies and misdemeanors, these standards shall be adjusted
proportionally to determine a full caseload. If the contract or assigned counsel also
maintains a private law practice, the caseload shall be based upon the percentage of time that the
lawyer devotes to public defense with the City.
The Public Defender shall provide monthly reports to the Court Administrator. The
report shall identify the number and type of cases assigned , attorney hours, case
disposition, the case count year-to-date, and cases which the Public Defender has been
assigned a higher case count. The Public Defender case tracking and reporting system shall be
maintained independently from client files so as to disclose no privileged information.
Page 19 of 163
EXHIBITB
PUBLIC DEFENDER CERTIFICATION FORM 1
MUNICIPAL COURT FOR CITY OF PORT ORCHARD,
STATE OF WASHINGTON
CERTIFICATION BY:
[NAME], [WSBA#]
FOR THE:
[1ST,2N°, 3R 0, 4TH] CALENDAR QUARTER OF
[YEAR]
Administrative Filing
C ERTIFICATION OF APPOINT ED
COUNSEL OF COMPLIANCE WITH
STANDARDS REQUIR ED BY CRRLJ
3.1
The undersigned attorney hereby certifies:
1. Approximately % of my total practice time is devoted to indigent defense cases.
2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys
appointed to represent indigent persons and that :
a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard
14.1.
b. Office: I have access to an office that accommodates confidential meetings with clients,
and I have a postal address and adequate telephone services to ensure prompt response to
client contact, in compliance with Standard 5.2.
c. Investigators: I have investigators available to me and will use investigative services as
appropriate, in compliance with Standard 6.1.
d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my
cases.
e. Case Specific Qualifications: I am familiar with the specific case qualifications in
Standard 14.2, Sections B-K and will not accept appointment in a case as lead counsel
unless I meet the qualifications for that case.
Signature, WSBA# Date
1 Washington State Supreme Court Standards for Indigent Defense (CrRLJ 3.1 Standards) Separate Certification
Form
Page 20 of 163
EXHIBIT C- COMPENSATION
1. Compensation shall be paid to Public Defender at a flat rate of $11,255 per month for
all services performed by Public Defender in 2021 and $11,650 for 2022.
2. The City will reimburse the Public Defender for the following costs when prior written
approval has been given by the Port Orchard Municipal Court Judge for the
expenditure of public funds: costs for hiring an investigator, filing fees for Appeals,
and costs for verbatim transcripts. All administrative costs, including but not limited
to: copies, travel time, mileage, facsimiles, legal research, equipment, etc. shall be
born by the Public Defender. Any costs not otherwise detailed in this agreement shall
be considered administrative costs unless the parties otherwise agree in writing.
3. The Public Defender shall be paid a flat $1,000 for RALJ appeals filed in Superior
Court.
4. In the event that the Port Orchard Municipal Court adds additional calendars (i.e.
pretrial hearings, in-custody arraignments, probation violations, video arraignments,
compliance hearings, status hearings) such that it results in an overall 25% increase
above the current average of 20 hours per week that the Public Defender spends in
court for aforementioned calendars then either party can, in good faith, request that
this contract be renegotiated.
5. Annual compensation shall automatically be adjusted based upon the Consumer Price
Index-All Urban Consumers Seattle-Tacoma-Bremerton Area as published by the
United States Department of Labor's Bureau of Labor Statistics (or the successor to
such index or if no successor then in any generally accepted index showing the
inflation rate, if any , for the United States as a whole)(1982-84 equals 100) for the last
month that statistics are published prior to the effective date of the contract. However,
the annual adjustment shall not exceed 5% or be less than 2% unless otherwise
specifically negotiated between the parties.
Page 21 of 163
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: December 15, 2020
Subject: Adoption of a Resolution Adopting the Prepared by: Brandy Rinearson, MMC
2021 City Council Meeting Schedule City Clerk
Atty Routing No.: N/A
Atty Review Date: N/A
Summary: Pursuant to POMC 2.04.010 Meeting Time and Place, the City Council shall hold a minimum of
one meeting per month. The City Council shall determine the annual schedule for these meetings for the
next calendar year, no later than the last regular business meeting of the preceding calendar year.
As done in previous years, the Council will continue to meet at 6:30 pm on the 2nd and 4th Tuesday of
every month for Regular Council meetings and the 3rd Tuesday of every month for a Council work study
session. However, the meetings in August and December will be the 2nd and 3rd Tuesday that month, and
both meetings to be Regular Council meetings.
Recommendation: Staff recommends adoption of a Resolution, adopting the 2021 City Council meeting
schedule, as presented.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a Resolution adopting the 2021 City Council meeting
schedule, as presented.
Fiscal Impact: N/A
Alternatives: N/A
Attachments: Resolution.
Page 22 of 163
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING THE 2021 CITY COUNCIL MEETING SCHEDULE PURSUANT TO
POMC 2.04.010 MEETING TIME AND PLACE.
WHEREAS, on July 11, 2017, City Council adopted Ordinance No. 026-17 which adopted the
classification of non-charter code city for the City of Port Orchard; and
WHEREAS, on pursuant to Port Orchard Municipal Code 2.04.010 Meeting Time and Place
the city council shall hold a minimum of one meeting per month. The city council shall determine the annual
schedule for these meetings for the next calendar year no later than the last regular business meeting of the
preceding calendar year; and
WHEREAS, City Council typically will meet for regular business meetings the 2nd and 4th
Tuesday of each month, with a work study meeting the 3rd Tuesday of each month; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The 2021 city council meeting calendar shall be adopted, and meetings shall be held on:
January 12th, 19th, and 26th.
February 9th, 16th, and 23rd.
March 9th, 16th, and 23rd.
April 13th, 20th, and 27th.
May 11th, 18th, and 25th.
June 8th, 15th, and 22nd.
July 13th, 20th, and 27th.
August 10th and 17th.
September 14th, 21st, and 28th.
October 12th, 19th, and 26th.
November 9th, 16th, and 23rd.
December 14th and 21st.
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 15th day of December 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 23 of 163
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 Item 4F Meeting Date: December 15, 2020
Subject: Adoption of a Resolution Approving a Prepared by: Nicholas Bond, AICP
Contract with Hart Crowser, Inc, for 2021- DCD Director
2023 Third-Party Geotechnical and Atty Routing No.: Development-Matter 11
Hydrological Consulting Services Atty Review Date: December 10, 2020
Summary: The City requires an on-call consultant to provide third-party review of geotechnical and
hydrological reports and development proposals. In October 2020, the City prepared a Request for
Qualifications (RFQ) and identified qualified firms on the MRSC professional services consultant roster. The
City then issued a Request for Proposal (RFP) from the most qualified firm, Hart Crowser, Inc., and on
November 25, 2020, the City received a proposal from Hart Crowser to provide the requested services.
Staff and the City Attorney have prepared a contract (Contract No. C008-21) with Hart Crowser for on-call,
third-party geotechnical and hydrological consulting and review services for 2021-2023, in an amount not to
exceed $70,000. A resolution is provided for the City Council to authorize the Mayor to execute this
contract.
Relationship to Comprehensive Plan: N/A
Recommendation: Staff recommends that the City Council authorize the Mayor to execute Contract No.
C008-21 with Hart Crowser, Inc., for third-party geotechnical and hydrogeological consulting services.
Motion for consideration: “I move to adopt a resolution authorizing the Mayor to execute Contract No
C008-21 with Hart Crowser, Inc., for third-party geotechnical and hydrogeological consulting services.”
Fiscal Impact: A maximum of $70,000, from December 15, 2020 through December 15, 2023, depending on
the amount of on-call services used. Funds expended will be from the DCD professional services budget.
Alternatives: Do not approve the contract; revise the contract.
Attachments: Resolution; Contract with Hart Crowser, Inc.
Page 24 of 163
RESOLUTION NO. 063-20
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE CONTRACT NO C008-21 WITH HART CROWSER, INC.
FOR THE 2021-2023 THIRD PARTY GEOTECHNICAL AND HYDROGEOLOGICAL
CONSULTING SERVICES.
WHEREAS, consistent with Chapter 39.80 RCW, on October 12, 2020, the City of Port
Orchard Public Works Department prepared a Request for Qualifications (RFQ) for the Third
Party Geotechnical and Hydrogeological Review and identified qualified firms on the MRSC
professional services consultant roster; and
WHEREAS, the City then issued a Request for Proposal from the most qualified firm Hart
Crowser, Inc., and on November 25, 2020, the City received a Proposal from the firm for the
2021-2023 Third Party Geotechnical and Hydrogeological Consulting Services; and
WHEREAS, staff negotiated a contract for services including fees with the Hart Crowser,
Inc., and finalized a professional services agreement on December 7, 2020, 2020; and
WHEREAS, on December 8, 2020, Public Works Staff completed the Bidder
Responsibility Checklist for Hart Crowser, Inc.; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute
Contract No. C008-21 with Hart Crowser, Inc. for 2021-2023 Third Party Geotechnical
and Hydrogeological consulting services.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 15th day of December 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 25 of 163
City of Port Orchard and Hart Crowser
Professional Service Agreement Contract No. C008-21
U:\Staff Reports\2020\20201215\4F 03_C008-21 Hart Crowser PSA.docx Rev 7/18/2019
1 of 12
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the 15th day of December 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 Hart Crowser, a division of Haley & Aldrich, a corporation, organized under the laws of the
State of Delaware, doing business at:
3131 Elliot Avenue, Suite 600 (hereinafter the “CONSULTANT”)
Seattle, WA 98121
Contact: Jim Jacobe, PE Phone: 206-826-4634
for professional services in connection with the following Project:
On-Call Geotechnical and Hydrogeological Consulting Services
TERMS AND CONDITIONS
1. Services by Consultant.
A. The Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work
without prior written authorization from the City. In performing such services, the Consultant shall at all
times comply with all Federal, State, and local laws and regulations applicable to the performance of such
services. The Consultant shall perform the services diligently and completely in accordance with
professional standards of conduct and performance for Consultant’s profession.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services described in the Scope of Work in accordance
with the tasks identified within Exhibit “A” and the terms of this Agreement. If delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an
amendment to the Agreement allow for an extension of time and/or additional budget is appropriate.
B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
Page 26 of 163
City of Port Orchard and Hart Crowser
Professional Service Agreement Contract No. C008-21
U:\Staff Reports\2020\20201215\4F 03_C008-21 Hart Crowser PSA.docx Rev 7/18/2019
2 of 12
3. Terms. This Agreement shall commence on December 15, 2020 (“Commencement Date”) and
shall terminate December 15, 2023 unless extended or terminated in writing as provided herein.
The City reserves the right to offer two (2) one-year extensions prior to contract expiration
to retain the selected company’s services.
4. Compensation.
LUMP SUM. Compensation for these services shall be a Lump Sum of $_________________.
X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$75,000.00 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit “B”.
TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis
according to the list of billing rates and reimbursable expenses attached hereto as Exhibit “_____.”
OTHER. _____________________________________________________________
5. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the City
for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third-party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply
with all federal and state laws applicable to independent contractors, including, but not limited to, the
maintenance of a separate set of books and records that reflect all items of income and expenses of the
Consultant’s business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an employer-
employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant will
correct or modify the work to comply with the Agreement. The City may withhold payment for such work
until the work meets the requirements of the Agreement.
6. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
Page 27 of 163
City of Port Orchard and Hart Crowser
Professional Service Agreement Contract No. C008-21
U:\Staff Reports\2020\20201215\4F 03_C008-21 Hart Crowser PSA.docx Rev 7/18/2019
3 of 12
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City’s general right of inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the term(s) of this Agreement to the
Consultant’s business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result
in ineligibility for further work for the City.
7. Relationship of Parties. The parties intend that an independent contractor-client relationship will
be created by this Agreement. As the Consultant is customarily engaged in an independently established
trade which encompasses the specific service provided to the City hereunder, no agent, employee,
representative or sub-consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub-consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work, the
City being interested only in the results obtained under this Agreement. None of the benefits provided by
the City to its employees, including but not limited to compensation, insurance, and unemployment
insurance, are available from the City to the employees, agents, representatives or sub-consultants of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents,
employees, representatives and sub-consultants during the performance of this Agreement. The City may,
during the term of this Agreement, engage other independent contractors to perform the same or similar
work that the Consultant performs hereunder.
8. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time for
public convenience, for the Consultant’s insolvency or bankruptcy, or the Consultant’s assignment for the
benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
C. Rights Upon Termination.
1. With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory work completed prior to the date of termination, not to exceed the total
compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost,
profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work
not performed because of such termination. The Consultant shall use its best efforts to minimize
the compensation payable under this Agreement in the event of such termination. Upon
Page 28 of 163
City of Port Orchard and Hart Crowser
Professional Service Agreement Contract No. C008-21
U:\Staff Reports\2020\20201215\4F 03_C008-21 Hart Crowser PSA.docx Rev 7/18/2019
4 of 12
termination, the City may take over the work and prosecute the same to completion, by contract or
otherwise.
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or which may be sustained, by the City by reason of such
default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses, and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination
shall be effective immediately upon the Consultant’s receipt of the City’s written notice or such date as
stated in the City’s notice of termination, whichever is later. Notice of suspension shall be given to the
Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the
anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in
Section 15 herein.
9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill
and experience necessary to provide the services under this Agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by the Consultant under
this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
10. Ownership of Work Product.
A. All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant
pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents,
reports or other material or work of the Consultant for purposes other than those intended by the Consultant
in its scope of services under this Agreement shall be at the City’s risk.
B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant’s possession or known to it, or is rightfully
obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent
required by law, subpoena or other court order.
11. Work Performed at the Consultant’s Risk. The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents and sub-consultants in the performance of
the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at
Page 29 of 163
City of Port Orchard and Hart Crowser
Professional Service Agreement Contract No. C008-21
U:\Staff Reports\2020\20201215\4F 03_C008-21 Hart Crowser PSA.docx Rev 7/18/2019
5 of 12
the Consultant’s own risk, and the Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held by the Consultant for use in connection with the work.
12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorneys’ fees, to the extent caused by and arising out of or resulting from the
negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries
or damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant’s Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s profession.
Page 30 of 163
City of Port Orchard and Hart Crowser
Professional Service Agreement Contract No. C008-21
U:\Staff Reports\2020\20201215\4F 03_C008-21 Hart Crowser PSA.docx Rev 7/18/2019
6 of 12
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. Workers’ Compensation Employer’s Liability each accident $1,000,000, Employer’s
Liability Disease each employee $1,000,000, and Employer’s Liability Disease –
Policy Limit $1,000,000.
4. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The Consultant’s insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Consultant’s insurance and shall not contribute with it.
2. The Consultant shall provide the City with written notice of any policy cancellation,
within two business days of their receipt of such notice.
3. The City will not waive its right to subrogation against the Consultant. The
Consultant’s insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant’s insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If any coverage is written on a “claims made” basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
The Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
Page 31 of 163
City of Port Orchard and Hart Crowser
Professional Service Agreement Contract No. C008-21
U:\Staff Reports\2020\20201215\4F 03_C008-21 Hart Crowser PSA.docx Rev 7/18/2019
7 of 12
14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
CONSULTANT
Hart Crowser
Jim Jacobe, PE
3131 Elliot Avenue, Suite 600
Seattle, WA 98121
Phone: 206-826-4634
16. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision’s true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor’s determination in a reasonable time, or if the
Consultant does not agree with the Mayor’s decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys’
fees from the other party.
17. General Provisions.
A. Non-waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
Page 32 of 163
City of Port Orchard and Hart Crowser
Professional Service Agreement Contract No. C008-21
U:\Staff Reports\2020\20201215\4F 03_C008-21 Hart Crowser PSA.docx Rev 7/18/2019
8 of 12
D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City,
and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between
the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits
attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of
the above documents are hereby made a part of this Agreement and form the Agreement document as fully
as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agreement shall prevail.
18. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income-level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant’s
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP.
4. Information and Reports: The Consultant will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City
or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
Page 33 of 163
City of Port Orchard and Hart Crowser
Professional Service Agreement Contract No. C008-21
U:\Staff Reports\2020\20201215\4F 03_C008-21 Hart Crowser PSA.docx Rev 7/18/2019
9 of 12
5. Sanctions for Noncompliance: In the event of the Consultant’s noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Consultant may request the City to enter into any litigation
to protect the interests of the City. In addition, the Consultant may request the United States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth
above.
CITY OF PORT ORCHARD,
WASHINGTON
By: _______________________________
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATE:
By: _______________________________
Brandy Rinearson, MMC
City Clerk
APPROVED AS TO FORM:
By: _______________________________
Charlotte A. Archer, City Attorney
CONSULTANT
By: _______________________________
Name: _______________________________
Title: _______________________________
Page 34 of 163
City of Port Orchard and Hart Crowser
Professional Service Agreement Contract No. C008-21
U:\Staff Reports\2020\20201215\4F 03_C008-21 Hart Crowser PSA.docx Rev 7/18/2019
10 of 12
APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Page 35 of 163
City of Port Orchard and Hart Crowser
Professional Service Agreement Contract No. C008-21
U:\Staff Reports\2020\20201215\4F 03_C008-21 Hart Crowser PSA.docx Rev 7/18/2019
11 of 12
EXHIBIT A
Scope of Work
City of Port Orchard
Consulting Services On-Call
Statement of Understanding
This Contract for on-call Consulting Services is to supplement the capabilities of City of Port
Orchard staff by providing critical areas consulting services related to development applications
received by the City.
Specific work under this Contract will be performed by the Consultant on an individual task
order basis. A specific scope, budget, and schedule will be provided for each requested task
order. The Consultant is expected to respond promptly to task order requests.
PROJECT SCHEDULE
To be determined on a task order basis.
Page 36 of 163
City of Port Orchard and Hart Crowser
Professional Service Agreement Contract No. C008-21
U:\Staff Reports\2020\20201215\4F 03_C008-21 Hart Crowser PSA.docx Rev 7/18/2019
12 of 12
Page 37 of 163
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 Item 4G Meeting Date: December 15, 2020
Subject: Adoption of a Resolution Approving a Prepared by: Nicholas Bond, AICP
Contract with Grette Associates LLC, for DCD Director
2021-2023 On-Call Critical Areas Review Atty Routing No.: Development-Matter 11
and Consulting Services Atty Review Date: December 11, 2020
Summary: The City requires one or more on-call consultants to provide on-call, third-party review of critical
areas reports and development proposals. In September 2020, the City sent a Request for Proposals (RFP)
to three qualified firms on the MRSC personal services roster. The City received Statements of Qualifications
from two firms, and on November 6, 2020, the City selected Grette Associates LLC as one of the firms to
provide the requested services.
Staff and the City Attorney have prepared a contract with Grette Associates LLC for on-call, third-party
critical areas review and consulting services for 2021-2023, in an amount not to exceed $70,000. A
resolution is provided for the City Council to authorize the Mayor to execute this contract.
Relationship to Comprehensive Plan: N/A
Recommendation: Staff recommends that the City Council authorize the Mayor to execute a contract with
Grette Associates LLC, for on-call critical areas review and consulting services.
Motion for consideration: “I move to adopt a resolution authorizing the Mayor to execute a contract with
Grette Associates LLC, for on-call critical areas review and consulting services.”
Fiscal Impact: A maximum of $70,000 from 2021-2023, depending on the amount of on-call services used.
Third-party review requests by permit applicants will be paid by the applicant; funds expended for City
projects will be from the DCD professional services budget.
Alternatives: Do not approve the contract; revise the contract.
Attachments: Resolution; Contract with Grette Associates, LLC
Page 38 of 163
RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT WITH GRETTE ASSOCIATES LLC FOR
2021-2023 ON-CALL CRITICAL AREAS REVIEW AND CONSULTING SERVICES.
WHEREAS, on September 18, 2020, the City of Port Orchard Department of Community
Development sent a Request for Proposals (RFP) for on-call, third-party review of critical areas
reports and development proposals to three qualified firms on the MRSC personal services
roster; and
WHEREAS, the City received Statements of Qualifications from two firms, and on
November 6, 2020, after review of all qualifications, the City selected Grette Associates LLC as
one of the firms to provide on-call critical areas review and consulting services from 2021-2023;
and
WHEREAS, staff negotiated a contract for services including fees with Grette Associates
LLC, and finalized a professional services agreement on December 11, 2020; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute a
contract with Grette Associates LLC for 2021-2023 on-call critical areas review and
consulting services.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 15th day of December 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 39 of 163
City of Port Orchard and Grette Associates LLC
Professional Service Agreement Contract No. CXX
U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grette Atty Rev 12112020.docx Rev 7/18/2019
1 of 12
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the 15th day of December 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 Grette Associates LLC, a limited liability company, organized under the laws of the State of
Washington, doing business at:
2102 North 30th Street, Suite A (hereinafter the “CONSULTANT”)
Tacoma, WA 98403
Contact: Matthew Boyle Phone: 253.573.9300
for professional services in connection with the following Project:
On-Call Consulting Services
TERMS AND CONDITIONS
1. Services by Consultant.
A. The Consultant shall perform the on-call services described in the Scope of Work attached
to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of
Work without prior written authorization from the City. In performing such services, the Consultant shall
at all times comply with all Federal, State, and local laws and regulations applicable to the performance of
such services. The Consultant shall perform the services diligently and completely in accordance with
professional standards of conduct and performance for Consultant’s profession.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services described in the Scope of Work in accordance
with the tasks identified within Exhibit “A” and the terms of this Agreement. If delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an
extension of time and/or additional budget is appropriate.
B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
Page 40 of 163
City of Port Orchard and Grette Associates LLC
Professional Service Agreement Contract No. CXX
U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grette Atty Rev 12112020.docx Rev 7/18/2019
2 of 12
3. Terms. This Agreement shall commence on December 15, 2020 (“Commencement Date”) and
shall terminate December 31, 2022 unless extended or terminated in writing as provided herein.
The City reserves the right to offer two (2) one-year extensions prior to contract expiration
to retain the selected company’s services.
4. Payment.
A. This Agreement does not guarantee any amount of work for the Consultant. The City shall
pay the Consultant an amount based on time and materials, not to exceed Seventy Thousand Dollars
($70,000.00) for the services set out on Exhibit “A” hereto, based on the list of hourly billing rates and
reimbursable expenses set forth in Exhibit “B”, attached hereto and incorporated herein by this reference.
This is the maximum amount to be paid under this Agreement for the work described in this Agreement
and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and
executed supplemental agreement.
B. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the City
for work performed to the date of the invoice.
C. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
D. The Consultant shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third-party agreement. Copies shall be made available on request.
E. 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 expen ses 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.
F. If the services rendered do not meet the requirements of the Agreement, the Consultant will
correct or modify the work to comply with the Agreement. The City may withhold payment for such work
until the work meets the requirements of the Agreement.
5. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City’s general right of inspection to secure the satisfactory
Page 41 of 163
City of Port Orchard and Grette Associates LLC
Professional Service Agreement Contract No. CXX
U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grette Atty Rev 12112020.docx Rev 7/18/2019
3 of 12
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the term (s) of this Agreement to the
Consultant’s business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result
in ineligibility for further work for the City.
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. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
C. Rights Upon Termination.
1. With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory work completed prior to the date of termination, not to exceed the total
compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost,
profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work
not performed because of such termination. The Consultant shall use its best efforts to minimize
the compensation payable under this Agreement in the event of such termination. Upon
termination, the City may take over the work and prosecute the same to completion, by contract or
otherwise.
Page 42 of 163
City of Port Orchard and Grette Associates LLC
Professional Service Agreement Contract No. CXX
U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grette Atty Rev 12112020.docx Rev 7/18/2019
4 of 12
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or which may be sustained, by the City by reason of such
default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses, and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination
shall be effective immediately upon the Consultant’s receipt of the City’s written notice or such date as
stated in the City’s notice of termination, whichever is later. Notice of suspension shall be given to the
Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the
anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in
Section 15 herein.
8. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill
and experience necessary to provide the services under this Agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by the Consultant under
this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
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 the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant
pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents,
reports or other material or work of the Consultant for purposes other than those intended by the Consultant
in its scope of services under this Agreement shall be at the City’s risk.
B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant’s possession or known to it, or is rightfully
obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent
required by law, subpoena or other court order.
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
the Consultant’s own risk, and the Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held by the Consultant for use in connection with the work.
Page 43 of 163
City of Port Orchard and Grette Associates LLC
Professional Service Agreement Contract No. CXX
U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grette Atty Rev 12112020.docx Rev 7/18/2019
5 of 12
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, to the extent caused by and arising out of or resulting from the
acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
12. Insurance. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant’s Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
Page 44 of 163
City of Port Orchard and Grette Associates LLC
Professional Service Agreement Contract No. CXX
U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grette Atty Rev 12112020.docx
Rev 7/18/2019
6 of 12
1.Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2.Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3.Workers’ Compensation Employer’s Liability each accident $1,000,000, Employer’s
Liability Disease each employee $1,000,000, and Employer’s Liability Disease –
Policy Limit $1,000,000.
4.Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C.Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1.The Consultant’s insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Consultant’s insurance and shall not contribute with it.
2.The Consultant shall provide the City with written notice of any policy cancellation,
within two business days of their receipt of such notice.
3.The City will not waive its right to subrogation against the Consultant. The
Consultant’s insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant’s insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4.If any coverage is written on a “claims made” basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D.Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E.Verification of Coverage
The Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
13.Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
Page 45 of 163
City of Port Orchard and Grette Associates LLC
Professional Service Agreement Contract No. CXX
U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grette Atty Rev 12112020.docx
Rev 7/18/2019
7 of 12
14.Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
CONSULTANT
Matthew Boyle
2102 North 30th Street, Suite A
Tacoma, WA 98403
Phone: 253.573.9300
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 A greement, 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 Consultant.
C.Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D.Entire Agreement. The written provisions of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City,
and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner whatsoever, the Agreement or the Agreement documents. The entire a greement between
the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits
Page 46 of 163
City of Port Orchard and Grette Associates LLC
Professional Service Agreement Contract No. CXX
U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grette Atty Rev 12112020.docx
Rev 7/18/2019
8 of 12
attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of
the above documents are hereby made a part of this Agreement and form the Agreement document as fully
as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agreement shall prevail.
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.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
1.Compliance with Regulations: The Consultant will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2.Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income-level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant’s
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP.
4.Information and Reports: The Consultant will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City
or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5.Sanctions for Noncompliance: In the event of the Consultant’s noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
Page 47 of 163
Page 48 of 163
City of Port Orchard and Grette Associates LLC
Professional Service Agreement Contract No. CXX
U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grette Atty Rev 12112020.docx Rev 7/18/2019
10 of 12
APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Page 49 of 163
City of Port Orchard and Grette Associates LLC
Professional Service Agreement Contract No. CXX
U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grette Atty Rev 12112020.docx Rev 7/18/2019
11 of 12
EXHIBIT A
Scope of Work
City of Port Orchard
Consulting Services On-Call
Statement of Understanding
This Contract for on-call Consulting Services is to supplement the capabilities of City of Port
Orchard staff by providing critical areas consulting services related to development applications
received by the City.
Specific work under this Contract will be performed by the Consultant on an individual task order
basis. A specific scope, budget, and schedule will be provided for each requested task order. The
Consultant is expected to respond promptly to task order requests.
PROJECT SCHEDULE
To be determined on a task order basis.
Page 50 of 163
City of Port Orchard and Grette Associates LLC
Professional Service Agreement Contract No. CXX
U:\A_Nick Bond\2020 Projects\Critical Areas Consultant Selection\Contracts\Contract - Grette Atty Rev 12112020.docx Rev 7/18/2019
12 of 12
Page 51 of 163
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4H Meeting Date: December 15, 2020
Subject: Approval of an Interlocal Agreement for Mutual Prepared by: M. Brown
Aid and Traffic Safety Task Force Police Chief
Atty Routing No.: N/A
Atty Review Date: N/A
Summary: This Interlocal Agreement continues our cooperative participation in the Kitsap County Traffic
Safety Task Force. The Task Force is administratively managed by the Kitsap County Sheriff’s Office and
provides access to traffic safety funding so the region can conduct emphasis patrols and traffic safety
campaigns. This ILA is a continuation of those previously signed but now allows officers with special
commissions to participate in Task force activities.
Recommendation: Staff recommends the Council approve the Mayor to sign the Interlocal Agreement for
Mutual Aid and Traffic Safety Task Force.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to approve the Mayor to sign the Interlocal Agreement for Mutual Aid
and Traffic Safety Task Force.
Fiscal Impact: The annual contribution of $2500 per agency has already been factored into the 2021-2022
budget. Participation in this ILA also provides agencies with access to additional funding for traffic safety
campaigns, equipment, and overtime through a Washington Traffic Safety Commission grant.
Alternatives: Decline to sign the ILA and provide additional guidance.
Attachments: Interlocal Agreement for Mutual Aid and Traffic Safety Task Force.
Page 52 of 163
1
RETURN TO:
KITSAP COUNTY TRAFFIC SAFETY TASK FORCE
c/o Kitsap County Sheriff’s Office
614 Division, MS-37
Port Orchard, WA 98366
KC -___________
INTERLOCAL AGREEMENT FOR MUTUAL AID AND
TRAFFIC SAFETY TASK FORCE
THIS INTERLOCAL AGREEMENT FOR MUTUAL AID AND TRAFFIC SAFETY TASK
FORCE (“Agreement”) is made and entered between the Kitsap County Sheriff’s Office
(“KCSO”) and the Bainbridge Island Police Department, Bremerton Police Department, Port
Orchard Police Department, Poulsbo Police Department and Suquamish Police Department
(“Tribe”), acting through the governing bodies of their respective jurisdictions, individually
referred to as a “participating agency” and collectively referred to as the “parties”.
RECITALS
WHEREAS, the participating agencies, all law enforcement agencies in Kitsap County, desire to
cooperatively participate in a Kitsap County Traffic Safety Task Force (“Task Force”) for the
purpose of providing mutual law enforcement assistance to target and apprehend individuals
committing traffic offenses, with an emphasis on driving under the influence, speeding, occupant
protection, distracted driving, and underage drinking.
WHEREAS, multi-agency participation in the Task Force is possible by virtue of the Washington
Mutual Aid Peace Officer Powers Act set forth in Chapter 10.93 RCW and the Interlocal
Cooperation Act set forth in Chapter 39.34 RCW.
WHEREAS, parties desire to execute this Agreement to memorialize the terms and conditions of
Task Force participation.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by
reference, and mutual promises and covenants, the parties agree as follows:
1. DEFINITIONS
A. “Enforcement Committee” means the Traffic Safety Task Force Enforcement
Committee.
B. “General Authority Washington peace officer” shall have the meaning as defined in
RCW 10.93.020(3).
C. “Hosting agency,” means the participating agency located in the jurisdiction in which
Task Force duties are then being performed.
Page 53 of 163
2
D. “Hosting agency supervisor” means the hosting agency’s assigned Task Force
supervisor(s) or designee(s).
E. “Participating agency,” or “primary commissioning agency” shall have the same
meaning as “primary commissioning agency” is defined in RCW 10.93.020(8).
F. “Specially Commissioned Washington peace officer” shall have the meaning as
defined in RCW 10.93.020(5).
2. PURPOSE. The purpose of this Agreement is to provide for the joint and cooperative
undertaking of the parties to establish, implement, and manage the Traffic Safety Task
Force emphasis patrol committed to traffic safety, including the prevention of alcohol and
other drug-impaired driving, underage drinking, speeding, distracted driving, and occupant
protection offenses through coordinated, multi-agency deterrence, and define
responsibilities as contemplated by RCW 39.34.030.
3. ORGANIZATION. No separate legal or administrative entity is created by this Agreement
nor do the parties intend to create through this Agreement a separate legal or administrative
entity subject to suit.
4. ADMINISTRATION. This Agreement shall be administered by the Traffic Safety Task
Force Enforcement Committee, which is an administrative board comprised of the Kitsap
County Sheriff and the Chiefs of Police for the cities of Bainbridge, Bremerton, Port
Orchard, Poulsbo and Suquamish or their respective designees. No participating agency is
intending to assume responsibility or liability for the actions, or failures to act, of another
participating agency and/or its respective officers, employees, and agents.
4. SCOPE. The parties to this Agreement will each provide law enforcement personnel for
Task Force emphasis operations within targeted areas as set forth in Attachment A, Traffic
Safety Task Force Emphasis Patrol Operational Guidelines, which is incorporated herein
by reference. The areas selected for targeted emphasis operations and patrol will be
determined by the Enforcement Committee.
5. EFFECTIVE DATE, DURATION, FILING. This Agreement shall become effective on
January 1, 2021 and remain in effect for five (5) years, unless terminated or extended. Prior
to its entry into force, this Agreement shall be filed with the Kitsap County Auditor’s Office
or, alternatively, listed by subject on the web site or other electronically retrievable public
source in compliance with RCW 39.34.040.
6. TERMINATION. Any participating agency may terminate its participation under this
Agreement by providing 90 days’ prior written notice to the other parties. The termination
of a participating agency will not automatically result in the dissolution of the Task Force.
A terminated participating agency assumes no responsibility for the acts or omissions
occurring after the effective termination date but shall remain liable for acts or omissions
Page 54 of 163
3
occurring prior to the effective date of termination. The Task Force may be dissolved in its
entirety by unanimous agreement of all parties.
8. OPERATIONS. When Task Force emphasis operations are scheduled, the operations shall
be coordinated by an employee holding a rank of sergeant or higher from the scheduled
hosting agency. Unless an action taken by an individual assigned to participate in the Task
Force activities can be directly attributed to the direction and control of the hosting
agency’s supervisor, all actions by the individual will be considered actions by that
individual, acting under the direction and control of that individual’s primary
commissioning agency according to its policies and procedures. No allocation of liability
to the other participating agencies is otherwise intended by this Agreement. It is
anticipated, but not required, that infractions and citations are to be written into the hosting
agency’s municipal court when emphasis patrols are held in the City of Bainbridge Island,
Bremerton, Port Orchard or Poulsbo.
10. USE AND ACQUISITION OF PROPERTY. Each participating agency shall be
responsible for acquiring all property that the participating agency needs for Task Force
participation during the term of this Agreement. The parties do not anticipate the joint
acquisition of property for the performance of this Agreement and any property acquired
by a participating agency for the purposes of effectuating the terms of this Agreement shall
remain the property of the acquiring participating agency.
11. TASK FORCE COORDINATION
A. The Task Force Coordinator shall be responsible for coordinating Task Force related
communications between all participating agencies for Task Force activities. The Task
Force Coordinator is an employee of KCSO and funding for this position will be the
sole responsibility of Kitsap County. The coordination provided by KCSO shall not be
considered an allocation of liability to Kitsap County under RCW 10.93.040 for any
purpose whatsoever.
B. Each participating agency will pay an annual contribution to KCSO to be used for the
cost of providing the Task Force Coordinator. The amounts are as follows: Bremerton
Police Department ($3,000), Bainbridge Island Police Department ($2,500), Port
Orchard Police Department ($2,500), Poulsbo Police Department ($2,500) and
Suquamish Police Department ($2,500). In return, the Task Force Coordinator will
assist in finding additional funding for traffic safety campaigns and equipment.
Funding for overtime will be available through a grant from the Washington Traffic
Safety Commission.
12. INDEPENDENT CAPACITY
A. Each participating agency and its respective employees or agents shall continue to be
the employees or agents of the primary commissioning agency which shall be solely
and exclusively responsible for that employee or agent and shall not be considered for
any purpose whatsoever to be employees or agents of the other parties this Agreement.
Page 55 of 163
4
No participating agency shall have the authority to bind another participating agency
nor control the employees, agents, or contractors of another participating agency to this
Agreement. All rights, duties and obligations of the employer shall remain with the
primary commissioning Agency. Each participating agency agrees to indemnify,
defend, and hold harmless the other parties in any action arising from or related to the
negligence of its own employees, including all costs of defense and attorney's fees.
B. Each participating agency shall be solely and exclusively responsible for the
compensation, salary, benefits, training, training expenses, equipment, and all other
costs, including without limitation, worker’s compensation and other expenses for its
employees participating in Task Force activities, sworn and unsworn. Each
participating agency will be responsible for ensuring compliance with all applicable
laws, collective bargaining agreements, and civil service rules and regulations
regarding its own employees.
13. MUTUAL AID, CONSENT. The KCSO Sheriff and Chiefs of Police, for each
participating agency executing this Agreement, consent to the full exercise of peace officer
powers and authority by each participating agency’s general authority Washington peace
officers and specially commissioned Washington peace officers assigned by the primary
commissioning agency to participate in the Task Force, when the assigned peace officer is
engaging in Task Force activities. This consent is limited to the scope of authority granted
by the primary commissioning agency to its Task Force participants. This grant of authority
shall remain valid for the term of this Agreement unless revoked in writing. This grant of
authority is not intended to reallocate the responsibility of the primary commissioning
agency for the acts or omissions of their respective officers under RCW 10.93.040. This
Agreement shall not be construed in any manner that would limit the parties’ authority or
powers under law.
13. INDEMNIFICATION AND LIMITATION OF LIABILITY
A. Each participating agency shall indemnify, defend, and hold harmless the other parties,
and the other parties’ officers, employees, and agents from any and all allegations,
complaints, losses, claims, damages, attorneys’ fees, or costs for wrongful and/or
negligent acts or omissions of the participating agency and/or its officers, employees,
or agents relating to or arising out of Task Force activities. In the case of allegations,
complaints, losses, claims, damages, attorneys’ fees, or costs against more than one
participating agency, any damages allowed shall be levied in proportion to the
percentage of fault attributable to each, and each participating agency shall have the
right to seek contribution from each of the other participating agencies in proportion to
the percentage of fault attributable to each of the other parties. The parties shall
cooperate and jointly defend any such matter to the fullest extent allowed by law.
B. A participating agency reserves the right, but shall have no obligation, to participate in
the defense of any claim, damages, losses or expenses and such participation shall not
constitute a waiver of the participating agency’s indemnity obligations under this
Agreement.
Page 56 of 163
5
C. Nothing in this Agreement shall require or be interpreted to:
1. Waive any defense arising out of RCW Title 51.
2. Limit the ability of any participating agency or its officials, officers or employees
from exercising any right, defense or remedy which a participating agency to a
lawsuit may have with respect to claims or third parties, including any good faith
attempts to seek dismissal of legal claims against a participating agency by any
proper means allowed under the civil rules in either state or federal court.
3. Cover or require indemnification for intentional wrongful conduct, conduct outside
the scope of employment of any individual or for any judgment for punitive
damages against any individual or participating agency. Payment of punitive
damage awards, fines or sanctions shall be the sole responsibility of the individual
against whom such a judgment is rendered and/or his/her employer, should that
employer elect to make payment voluntarily. This Agreement does not require
indemnification of any punitive damage awards or for any order imposing fines or
sanctions.
14. INSURANCE. Each participating agency will maintain sufficient insurance coverage to
cover any and all hazards, damages, costs, and liabilities associated with the Task Force
activities, which shall at minimum include the following coverage:
A. General Liability insurance with minimum combined single limits of one million
dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) aggregate.
The policy will be applicable to all premises and operations. The policy will include
coverage for bodily injury, broad form property damage (including completed
operations), personal injury (including coverage for contractual and employee acts),
blanket contractual, independent contractors, products, and completed operations. The
policy shall not contain any exclusions which relate to or arise out of the Program
activities under this Agreement. The policy will contain a severability of interests’
provision.
B. Automobile Liability insurance with minimum combined single limits for bodily injury
and property damage of not less than one million dollars ($1,000,000) each occurrence
with respect to each of the party’s owned, hired, and non-owned vehicles on the
premises at the EVOC training. The policy will contain a severability of interests’
provision.
C. Workers’ Compensation Insurance in compliance with RCW 51.12.020, or the
equivalent, which requires subject employers to provide workers’ compensation
coverage for all their subject workers and Employer’s Liability or Stop Gap Insurance
in the amount of $1,000,000.
15. NOTICE. All notices under this Agreement may be delivered or mailed to Sheriff or Chiefs
of Police of the other participating agencies. All notices mailed by regular post (including
first class) shall be deemed to have been given on the second business day following the
date of mailing, if properly mailed and addressed. Notices sent by certified or registered
mail shall be deemed to have been given on the day following the date of mailing, if
Page 57 of 163
6
properly mailed and addressed. For all types of mail, the postmark affixed by the United
States Postal Service shall be conclusive evidence of the date of mailing.
16. NONDISCRIMINATION. The parties shall not discriminate against any person on the
basis of race, color, creed, religion, national origin, age, sex, marital status, sexual
orientation, veteran status, disability, or other circumstance prohibited by federal, state, or
local law, and shall comply with Title VI of the Civil Rights Act of 1964, P.L. 88-354 and
Americans with Disabilities Act of 1990 in the performance of this Agreement.
17. GOVERNING LAW, JURISDICTION, VENUE, WAIVER
A. This Agreement shall be governed by the laws of the State of Washington. Each
participating agency consents to the personal jurisdiction of the Superior Court of the
State of Washington for all participating agency claims, disputes, proceedings, or
actions arising out of or relating to this Agreement. Venue for any such claim shall be
exclusively in the Kitsap County Superior Court. The Tribe hereby expressly grants a
limited waiver of sovereign immunity to suit solely for the purposes of this provision.
The Tribe will neither direct nor authorize their respective insurers to raise defenses of
sovereign immunity or treaty rights on behalf of the Tribe for participating agency
claims authorized by this provision.
B. Nothing in this Agreement shall be construed to authorize any suit, execution,
attachment, or judicial process against the persons or property of the T ribe or any of
its officers, agents, or employees, or against the Tribal Council or any member thereof,
other than as specifically provided herein. In no event shall this Agreement be
construed to authorize attachment, execution or other judicial process against real
property of the Tribe, any property held in trust by the United States or subject to
a restriction against alienation imposed by federal law, or any funds held by or on
behalf of the Tribe and derived from federal or state grants or contracts.
19. HEADINGS. Headings of this Agreement are for convenience only and shall not affect the
interpretation of this Agreement.
20. COMPLIANCE WITH LAWS. The parties shall comply with all applicable laws, rules
and regulations pertaining to them in connection with the Services provided and matters
covered in the Agreement, including but not limited to applicable regulations of the
Washington Department of Labor and Industries, including WA-DOSH Safety
Regulations; all relevant state and federal workplace safety requirements.
21. SURVIVAL. Those provisions of this Agreement that by their sense and purpose should
survive expiration or termination of the Agreement shall so survive. Those provisions
include, without limitation, the respective responsibilities and authority of each
participating agency , indemnification, insurance, and governing law, jurisdiction, venue,
and waiver.
Page 58 of 163
7
22. NO THIRD-PARTY BENEFICIARY. This Agreement is intended to be solely between
the parties. No part of this Agreement shall be construed to add, supplement, or amend
existing rights, benefits, or privileges of any third party, including without limitation,
employees of any participating agency.
23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the
participating agencies and supersedes all prior or simultaneous representations,
discussions, negotiations, and agreements, whether written or oral, within the scope of this
Agreement.
24. SEVERABILITY. The provisions of this Agreement are severable. Any term or condition
of this Agreement or application thereof deemed to be illegal, invalid or unenforceable, in
whole or in part, shall not affect any other term or condition of the Agreement and the
parties’ rights and obligations will be construed and enforced as if the Agreement did not
contain that particular provision.
25. AMENDMENT. This Agreement may be amended or modified as deemed appropriate by
the parties, provided, any such amendment shall not become effective unless written and
signed by all parties with the same formality as this Agreement.
26. ASSIGNMENT. The rights, authority, or obligations under this Agreement, and any claims
arising thereunder, are not assignable or delegable by any participating agency.
27. PUBLIC RECORDS. To the extent any record, including any electronic, audio, video,
paper, or other media, is required to be kept or indexed as a public record in accordance
with the Washington Public Records Act, Chapter 42.56 RCW. Each participating agency
agrees to maintain all records constituting public records and to produce or assist the other
parties in producing such records, within the time frames and parameters set forth in state
law.
29. COUNTERPARTS. This Agreement may be executed in any number of counterparts, all
such counterparts shall be deemed to constitute one and the same instrument, with each
counterpart deemed an original.
30. AUTHORIZATION. Any authorizations, actions required, or permitted to be taken, and
any document required or permitted to be executed under this Agreement will be taken
or executed only by a duly authorized representative of the participating agency. Each
participating agency warrants and represents to the other parties that the person
signing below has been properly authorized and empowered to execute this Agreement
on behalf of the participating agency for whom they sign and, if applicable, to waive
sovereign immunity as required by this Agreement.
Page 59 of 163
8
Approved and executed this ___ day of____________, 2020
KITSAP COUNTY
APPROVED:
_____________________________
GARY SIMPSON
Kitsap County Sheriff
DATED this __ day of _____________________, 2020.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
__________________________________
CHARLOTTE GARRIDO, Chair
__________________________________
ROBERT GELDER, Commissioner
__________________________________
EDWARD E. WOLFE, Commissioner
ATTEST:
___________________________
Dana Daniels, Clerk of the Board
Page 60 of 163
9
Approved and executed this ___ day of____________, 2020
CITY OF BAINBRIDGE ISLAND
__________________________________________
CHIEF JOSEPH CLARK
Bainbridge Island Police Department
Approved this _____day of __________, 2020
__________________________________________
MORGAN SMITH, City Manager
__________________________________________
ROBBIE SEPLER, Deputy City Attorney
Page 61 of 163
10
Approved and executed this ___ day of____________, 2020
CITY OF BREMERTON
__________________________________________
CHIEF JAMES BURCHETT
Bremerton Police Department
Approved this _____day of __________, 2020
__________________________________________
MAYOR GREG WHEELER
Bremerton, Washington
APPROVED AS TO FORM:
__________________________________________
ROGER LUBOVICH, City Attorney
ATTEST:
__________________________________________
ANGELA HOOVER, City Clerk
Page 62 of 163
11
Approved and executed this ___ day of____________, 2020
CITY OF PORT ORCHARD
__________________________________________
CHIEF MATTHEW BROWN
Port Orchard Police Department
Approved this _____day of __________, 2020
__________________________________________
MAYOR ROBERT PUTAANSUU
Port Orchard, Washington
APPROVED AS TO FORM:
__________________________________________
CHARLOTTE ARCHER, City Attorney
ATTEST:
__________________________________________
BRANDY RINEARSON, City Clerk
Page 63 of 163
12
Approved and executed this ___ day of____________, 2020
CITY OF POULSBO
__________________________________________
CHIEF JOE HARDING
Poulsbo Police Department
Approved this _____day of __________, 2020
__________________________________________
MAYOR BECKY ERICKSON
Poulsbo, Washington
APPROVED AS TO FORM:
__________________________________________
ALEXIS FOSTER, City Prosecutor
ATTEST:
__________________________________________
RHIANNON FERNANDEZ, CMC, City Clerk
Page 64 of 163
13
Approved and executed this ___ day of____________, 2020
SUQUAMISH TRIBE
__________________________________________
CHIEF MIKE LASNIER
Suquamish Police Department
Approved this _____day of __________, 2020
__________________________________________
CHAIRMAN LEONARD FORSMAN
APPROVED AS TO FORM:
_________________________________________
__________________, Tribal Attorney
Page 65 of 163
14
ATTACHMENT A
TRAFFIC SAFETY TASK FORCE EMPHASIS PATROL
OPERATIONAL GUIDELINES
1. PURPOSE The Traffic Safety Task Force emphasis patrol is committed to traffic safety,
including the prevention of alcohol and other drug-impaired driving, underage drinking,
speeding, distracted driving, and occupant protection offenses through coordinated, multi-
agency deterrence.
2. OBJECTIVES. The objectives of the Traffic Safety Task Force emphasis patrol are to:
A. improve traffic safety in Kitsap County and reduce the incidence and prevalence of alcohol
and other drug-impaired driving, underage drinking, speeding, distracted driving, and
occupant protection offenses;
B. increase law enforcement presence in the community to maximum levels in targeted high
traffic, high DUI, and collision arrest areas based upon statistical analysis;
C. increase public attention on traffic safety;
D. focus media attention on traffic safety; and
E. enhance communication and cooperation among law enforcement agencies in Kitsap
County.
3. SELECTION OF TASK FORCE PARTICIPANTS
A. Each participating agency will be asked to provide at least one officer for each Task Force
emphasis patrol. Participating agencies with restricted jurisdiction will be asked to provide
an equivalent, alternative level of participation.
B. Each participating officer must be either a general authority Washington peace officer or a
specially commissioned Washington peace officer.
C. Specially commissioned Washington peace officers may not exceed the scope of the
special commissions granted by the primary commissioning agency when exercising their
law enforcement authority granted under the terms of the Agreement.
D. Participating agencies will be encouraged to assign highly-motivated officers who have
demonstrated an interest in traffic safety enforcement.
4. SUPERVISION
A. The hosting agency will be required to provide a first level supervisor for the patrol shift
for Task Force operations.
Page 66 of 163
15
B. The hosting agency supervisor will coordinate the briefing to be held prior to the beginning
of the patrol shift for Task Force emphasis operations, present area details and agency
concerns, and provide any associated paperwork, if necessary.
C. The hosting agency supervisor will work the entire patrol shift during the Task Force
emphasis operations and will have overall responsibility for the coordination of the
emphasis patrol.
D. The hosting agency supervisor will field all questions and complaints concerning the Task
Force emphasis patrol. All citizen complaints will be forwarded to the primary
commissioning agency of the peace officer involved in the complaint.
E. The hosting agency supervisor will have the authority to return an officer to his/her agency
as a result of inappropriate behavior. In such an event, the hosting agency supervisor shall
ensure that a written report of the incident will be promptly forwarded to the primary
commissioning agency.
F. Officers assigned to the Task Force emphasis patrol will be expected to follow their
primary commissioning agency’s policies with regard to use of force, pursuit and arrest
procedures, and all other matters of professional conduct. However, officers will also be
expected to follow the direction of the hosting agency supervisor.
5. OFFICER RESPONSIBILITY
A. Task Force officers will work their assigned areas according to the guidelines provided by
the hosting agency supervisor, focusing on detection and apprehension of impaired drivers,
and the enforcement of underage drinking, speeding distracted driving, and occupant
protection statutes.
B. When a DUI arrest is made, the arrestee will be taken to the nearest participating BAC
facility for processing or to the Kitsap County Jail. Officers will follow the specific
guidelines offered at briefings before each emphasis patrol as to specifically targeted areas,
such as occupant protection, traffic safety emphasis patrols.
C. Task Force officers will follow their primary commissioning agency guidelines for report
writing with the reports filed in the jurisdiction of arrest, unless otherwise required by the
Task Force officer’s primary commissioning agency.
D. At the end of each Task Force emphasis patrol shift, each officer will provide the Task
Force coordinator with an account of his/her activity for that shift using the activity log
form provided.
E. Task Force emphasis patrol officers will be expected to provide back-up and cover for one
another while participating in Task Force activities.
Page 67 of 163
16
F. Task Force officers will respond to traffic collisions to provide assistance and traffic
control. If a collision is alcohol-related, the officer will investigate and make arrests or
issue citations as appropriate. If alcohol is not involved, investigation instead be handled
by the appropriate regular duty officer(s) for that jurisdiction.
G. Coffee and lunch breaks will be provided; however, these breaks will be restricted to no
more than two marked units together at one time.
H. If citizens inquire as to the presence of an outside agency officer in the emphasis area,
officers will explain their role in the Traffic Safety Task Force Emphasis Patrol.
6. TARGET AREAS AND DEPLOYMENT
A. The emphasis patrol will be assigned to target areas based on intelligence information from
participating agencies, DUI arrest and collision data, occupant protection surveys, and
discussions of the Enforcement Committee.
B. The target areas will be assigned by rotation so that each participating agency’s jurisdiction
is included in the enforcement rotation unless a higher priority target is identified by the
Enforcement Committee.
C. The hosting agency supervisor will coordinate the deployment of Task Force officers
assigned to the emphasis patrol. Each officer will be provided with a map of the target area
and briefing information.
7. COMMUNICATIONS
A. All Task Force emphasis patrol communications will be on a frequency as agreed upon by
Kitsap 911 and the Task Force Supervisor.
B. Requests for data or impound will be made through the appropriate dispatch agency.
8. GENERAL POLICIES
1. No DUI arrestee will be released to their own custody. Arrestee not booked into jail, are
only be released to a responsible, sober person or transported home.
2. DUI arrestees who are combative or otherwise uncooperative will be taken to the Kitsap
County jail. Booking of such arrestees will be left to the discretion of the officer’s primary
commissioning agency policies.
Page 68 of 163
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:
December 15, 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 Various Areas Atty Routing No.: 366922.0009 - PW
Landscaping Maintenance Atty Review Date: December 10, 2020
Summary: The City does not have the internal capacity to perform all necessary landscape maintenance
services and therefore 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 November 6th and
November 13th, 2020, for the 2021 Various Areas Landscaping Maintenance Services. By the November
20th, 2020, 1:00pm Bid deadline, the City of Port Orchard received two (2) qualified Bids for 2021 Various
Areas Landscaping Maintenance Services from the following companies:
Name of Contractor Bid Total
AtWork! Commercial Enterprise LLC $31,828.00
Evergreen Maintenance Landscaping LLC $32,591.04
Upon review by Public Works Staff, the City’s Public Works Department determined that both bids
received were deemed unresponsive. AtWork! Commercial Enterprise LLC’s bid was unresponsive due to
inaccuracies in the submitted pricing schedule. Evergreen Maintenance Landscaping LLC’s bid was
unresponsive due to a suspended business license. With both bids deemed unresponsive, Public Works
Staff confirmed that a vendor could be selected directly pursuant to RCW 35.23.352(1). The City
contacted AtWork! Commerical Enterprises was asked to provide an updated pricing schedule for
review. Upon review by Public Works Staff, the City’s Public Works Department determined that
AtWork! Commercial Enterprise LLC’s updated bid of $31,601.28 (applicable tax included) was an
acceptable bid for the 2021 Various Areas Landscaping Maintenance Services Contract. 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. 061-20, thereby authorizing
the Mayor to execute Contract No. C007-21 with AtWork! Commercial Enterprise LLC for 2021 Various
Areas Landscaping Maintenance Services in the amount of $31,601.28 and documenting the Formal
Competitive Bid Procurement Procedures.
Page 69 of 163
Staff Report 7A
Page 2 of 2
2
Motion for Consideration: I move to adopt Resolution No. 061-20, thereby authorizing the Mayor to
execute Contract No. C007-21 with AtWork! Commercial Enterprise LLC for 2021 Various Areas
Landscaping Maintenance Services in the amount of $31,601.28.
Fiscal Impact: Appropriate funds have been allocated within the 2021-2022 budget distributed from
the General Fund (001.5.576.80.40).
Attachments: Resolution No. 061-02 and Contract No. C007-21.
Page 70 of 163
RESOLUTION NO. 061-02
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE CONTRACT NO. C007-21 WITH ATWORK!
COMMERCIAL ENTERPRISE LLC FOR 2021 VARIOUS AREAS LANDSCAPING
MAINTENANCE SERVICES AND DOCUMENTING PURCHASED SERVICES
PROCUREMENT PROCEDURES.
WHEREAS, on November 6, 2020, and November 13, 2020, the City of Port Orchard
Public Works Department published an Invitation to Bid (ITB) for The 2021 Various Areas
Landscaping Maintenance Services in the Kitsap Sun, Daily Journal of Commerce, and on the
City’s webpage; and
WHEREAS, on November 20th, 2020, by the 1:00pm submittal deadline, the City’s Public
Works Department received two (2) Bids from qualified companies, and Bids were opened live
via Zoom; and
WHEREAS, upon review by Public Works Staff, the City’s Public Works Department
determined that both bids received were deemed unresponsive. AtWork! Commercial
Enterprise LLC’s bid was unresponsive due to inaccuracies in the submitted pricing schedule.
Evergreen Maintenance Landscaping LLC’s bid was unresponsive due to a suspended business
license.
WHEREAS, with the City having received no responsive bids, the City obtained a quote
directly from AtWork! Commerical Enterprises, pursuant to RCW 35.23.352(1), and upon review
by Public Works Staff, the City’s Public Works Department determined that AtWork!
Commercial Enterprise LLC’s quote was acceptable; 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.
C007-21 with AtWork! Commercial Enterprise LLC for 2021 Various Areas Landscaping
Maintenance services.
THAT: This Resolution shall be take full force and effect upon passage and signatures
hereon.
Page 71 of 163
Resolution No. ___
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage on this 15th day of December 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 72 of 163
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Users\cwattling\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5A9S85FW\C007-21- Draft.docx
1 of 11
CITY OF PORT ORCHARD PURCHASED SERVICE AGREEMENT
THIS Agreement (“Agreement”) is made effective as of the 15th day of December, 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 Corporation (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 ordinary maintenance services performed in connection with the following:
2021 Various Areas Landscaping Mantenance
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.
Page 73 of 163
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Users\cwattling\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5A9S85FW\C007-21- Draft.docx
2 of 11
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 $______________.
X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $31,601.28 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 portio n 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.
Page 74 of 163
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Users\cwattling\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5A9S85FW\C007-21- Draft.docx
3 of 11
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
for its acts and for the acts of its agents, employees, representatives and sub-consultants during the
Page 75 of 163
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Users\cwattling\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5A9S85FW\C007-21- Draft.docx
4 of 11
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.
Page 76 of 163
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Users\cwattling\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5A9S85FW\C007-21- Draft.docx
5 of 11
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.
Page 77 of 163
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Users\cwattling\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5A9S85FW\C007-21- Draft.docx
6 of 11
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.
Page 78 of 163
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Users\cwattling\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5A9S85FW\C007-21- Draft.docx
7 of 11
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: ___________________
________________________
________________________
Phone: __________________
Fax: __________________
15. Resolution of Disputes and Governing Law.
Page 79 of 163
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Users\cwattling\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5A9S85FW\C007-21- Draft.docx
8 of 11
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 representativ e 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 th is
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.
Page 80 of 163
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Users\cwattling\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5A9S85FW\C007-21- Draft.docx
9 of 11
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.
Page 81 of 163
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Users\cwattling\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5A9S85FW\C007-21- Draft.docx
10 of 11
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: _______________________________
Page 82 of 163
City of Port Orchard and Atwork! Commercial Enterprise LLC
Purchased Service Contract No. C007-21
Public Works Project No. PW2020-019 Rev 4/10/2020
C:\Users\cwattling\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5A9S85FW\C007-21- Draft.docx
11 of 11
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).
Page 83 of 163
Page 84 of 163
Page 85 of 163
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:
December 15, 2020
Subject: Adoption of a Resolution Approving Prepared by: Mark Dorsey, P.E.
Agreement No. 6 to Contract No. 071-16 Public Works Director
with WSP USA (formerly Berger ABAM) for Atty Routing No.: N/A
the Final Closeout of the Tremont Street Atty Review Date: N/A
Widening Project CACM
Summary: On August 23, 2016, the Port Orchard City Council approved Contract No. C071-16 with
Berger ABAM, Inc. for the Final PS&E, Permitting and Construction Administration/Construction
Management (CACM) phases of the Tremont Street Widening Project. Over the span of approximately
three (3) years, five (5) Supplemental Agreements have been approved (see the Resolution attached for
summary.) This evenings action, being the approval of Supplemental Agreement No. 6, is being provided
subsequent to the earlier approval of ACI Change Order #31 and to recognize the successful conclusion
of the Project by the continued provision of CACM services by WSP USA (formerly Berger ABAM) over
the course of the Project. As confirmed by WSDOT Highway & Local Programs Office, the Project’s Final
Approved Project Contract Cost of $14,940,940.92 includes a final bid item net deduction amount of
$130,591.85 that may be reallocated to WSP USA.
Relationship to Comprehensive Plan: Project 1.1 – Chapter 8: Transportation
Recommendation: Staff recommends adoption of Resolution No. 059-20, thereby approving
Supplemental Agreement No. 6 to Contract No. C071-16 with WSP USA in the amount of $130,591.85 for
services rendered on the Tremont Street Widening Project’s Construction Administration/Construction
Management.
Motion for Consideration: I move to adopt Resolution No. 059-20, thereby approving Supplemental
Agreement No. 6 to Contract No. C071-16 with WSP USA in the amount of $130,591.85 for services
rendered on the Tremont Street Widening Project’s Construction Administration/Construction
Management.
Fiscal Impact: The Tremont Street Widening Project’s Final Approved Project Contract Cost of
$14,940,940.92 includes a final bid item net deduction amount of $130,591.85 (as reflected within ACI
CO#31 approved earlier this evening.)
Attachments: Resolution No. 059-20 and Supplemental Agreement No. 6.
Page 86 of 163
RESOLUTION NO. 059-20
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 6 TO CONTRACT
NO. C071-16 WITH WSP USA (FORMERLY BERGER ABAM, INC.) FOR THE FINAL
CLOSEOUT OF THE TREMONT STREET WIDENING PROJECT CONSTRUCTION
ADMINISTRATION/CONSTRUCTION MANAGEMENT.
WHEREAS, on August 23, 2016, and subsequent to a documented WSDOT Highway and
Local Programs (H/LP’s) supervised professional services procurement process, the City of Port
Orchard executed Contract No. C071-16 with Berger ABAM, Inc., being a Local Agency A&E
Professional Services Cost Plus Fixed Fee Consultant Agreement (LAA) for the Tremont Street
Widening Project (Project) initial task of the Final PS&E and then the subsequent Construction
Support, Construction Administration and Construction Inspection Services (CACM); and
WHEREAS, between August 23, 2016 and August 20, 2019, five (5) LAA Supplemental
Agreements were reviewed and approved by WSDOT H/LP’s for the Project, and then executed
by the Mayor pursuant to authorization by City of Port Orchard City Council as follows;
No. 1 Release of the Management Reserve Fund associated with the Final PS&E task
No. 2 Implementation of the CACM task
No. 3 Change of corporate registration from Berger ABAM, Inc. to WSP USA
No. 4 Release of the Management Reserve Fund associated with the CACM task
No. 5 Addition of a one-year time only extension; and
WHEREAS, recognizing that for the successful conclusion of the Project, WSP USA
continued to provide CACM services on the Project for the City of Port Orchard without
expectation, even after the Contract and Management Reserve Funds were depleted; and
WHEREAS, it was determined that the City of Port Orchard, upon confirmation with
WSDOT H/LP’s on October 30, 2020 and once the Final Approved Project Contract Cost were
calculated, could reallocate any or all of the final bid item net deduction amounts as reflected
within ACI Change Order #31, for allowable CACM expenses incurred by WSP USA; and
WHEREAS, on December 1, 2020, subsequent to the Final Approved Project Contract
Cost having been calculated, WSP USA has requested that the final bid item net deduction
amount of $130,591.85 (as reflected within ACI Change Order #31) be reallocated to WSP USA
as an allowable CACM expenses incurred; and
WHEREAS, since all Federal and State grant funding for this Project has been expended,
any reallocation of allowable expenses will be from Local funds; now, therefore,
Page 87 of 163
Resolution No. 059-20
Page 2 of 2
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute
Supplemental Agreement No. 6 to Contract No. C071-16 with WSP USA for the final
closeout of the Tremont Street Widening Project Construction
Administration/Construction Management.
THAT: This Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 15th day of December 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 88 of 163
Page 89 of 163
Page 90 of 163
Page 91 of 163
Page 92 of 163
Page 93 of 163
Page 94 of 163
Page 95 of 163
Page 96 of 163
Page 97 of 163
Page 98 of 163
Page 99 of 163
Page 100 of 163
Page 101 of 163
Page 102 of 163
Page 103 of 163
Page 104 of 163
Page 105 of 163
Page 106 of 163
Page 107 of 163
Page 108 of 163
Page 109 of 163
Page 110 of 163
Page 111 of 163
Page 112 of 163
Page 113 of 163
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:
December 15, 2020
Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E.
Contract with Murraysmith, Inc. for the Public Works Director
2020-2021 McCormick Village Park Splash Atty Routing No.: N/A
Pad Value Engineering Project & Atty Review Date: N/A
Documenting Procurement Procedures
Summary: on October 10, 2020, the City of Port Orchard Public Works Department selected two (2)
qualified firms from the current MRSC Roster with experience in water treatment systems. On October
23, 2020, staff then contacted each firm to solicit their availability and interest in the 2020-2021
McCormick Village Park Splash Pad Retrofit Value Engineering Project. On November 11, 2020, staff
provided each firm with additional as-built information from the original Splash Pad construction. On
November 17, 2020, the City’s Public Works Department received a response from Murraysmith, Inc.
only, indicating their interest in the project, so a scope and budget development meeting was held on
December 1, 2020 and staff performed the Bidder’s Responsibility Checklist. On December 4, 2020,
Murraysmith, Inc. provided the City’s Public Works Department a viable proposal in the amount of
$24,180.00 for the 2020-2021 McCormick Village Park Splash Pad Retrofit Value Engineering Project.
Recommendation: Staff recommends adoption of Resolution No. 055-20, thereby authoring the
Mayor to execute Contract No. C090-20 with Murraysmith, Inc. in the amount of $24,180.00 for the
2020-2021 McCormick Village Park Splash Pad Retrofit Value Engineering Project and documenting the
Professional Services procurement procedures.
Relationship to Comprehensive Plan: Chapter 7.2 – City Managed Utilities (currently)
Motion for Consideration: I move to adopt Resolution No. 055-20, thereby authoring the Mayor to
execute Contract No. C090-20 with Murraysmith, Inc. in the amount of $24,180.00 for the 2020-2021
McCormick Village Park Splash Pad Retrofit Value Engineering Project.
Alternatives: None.
Fiscal Impact: Funding provided within both the current and the 2021-2022 Biennial Budget.
Attachments: Resolution No. 055-20, Contract No. C090-20, and Murraysmith, Inc. Proposal (dated
12/3/2020).
Page 114 of 163
RESOLUTION NO. 055-20
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE CONTRACT NO. C090-20 WITH MURRAYSMITH, INC.
FOR THE MCCORMICK WOODS VILLAGE PARK SPLASH PAD RETROFIT VALUE
ENGINEERING (VE) PROJECT AND DOCUMENTING PROFESSIONAL SERVICES
PROCUREMENT PROCEDURES.
WHEREAS, on October 10, 2020, the City of Port Orchard Public Works Department
selected two (2) qualified firms from the current MRSC Consultant Roster with experience in
Water Treatment systems; and
WHEREAS, on October 23, 2020, the City’s Public Works Department Staff contacted
each of the firms to solicit their availability and interest in the McCormick Village Park Splash
Pad Retrofit Value Engineering Project; and
WHEREAS, on November 11, 2020, the City’s Public Works Department Staff then
provided both firms with additional as-built information from the original McCormick Village
Park Splash Pad Construction Project; and
WHEREAS, on November 17, 2020, the City’s Public Works Department received a
response of interest from Murraysmith, Inc. only; and
WHEREAS, on November 24, 2020, Murraysmith, Inc. was notified that they were
selected for the McCormick Village Park Splash Pad Retrofit Value Engineering Project; and
WHEREAS, on December 1, 2020, the Public Works Department performed the Bidder’s
Responsibility Checklist for Murraysmith, Inc; and
WHEREAS, on December 4, 2020, Murraysmith, Inc. provided the City’s Public Works
Department with a viable Proposal; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of the Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute
Contract No. C090-20 with Murraysmith, Inc. for the 2020-2021 McCormick Village Park
Splash Pad Retrofit Value Engineering Project.
Page 115 of 163
Resolution No. ____
Page 2 of 2
THAT: This Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 15th day of December 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 116 of 163
City of Port Orchard and Murraysmith, Inc.
Professional Service Agreement Contract No.C090-20
U:\Staff Reports\2020\20201215\7C 03 C090-20 MurraySmith_Splash Pad VE.docx Rev 7/18/2019
1 of 10
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the 15th day of December 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, Murraysmith, Inc. a corporation, organized under the laws of the State of Oregon, doing
business at:
888 SW 5th Avenue, Suite 1170 (hereinafter the “CONSULTANT”)
Portland, OR 97204
Contact: Lee Odell, PE Phone: 503.225.9010
Principal Engineer
for professional services in connection with the following Project:
2020-2021 McCormick Village Park Splash Pad Retrofit Value Engineering Project
TERMS AND CONDITIONS
1. Services by Consultant.
A. The Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work
without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services described in the Scope of Work in accordance
with the tasks identified within Exhibit “A” and the terms of this Agreement. If delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
Page 117 of 163
City of Port Orchard and Murraysmith, Inc.
Professional Service Agreement Contract No.C090-20
U:\Staff Reports\2020\20201215\7C 03 C090-20 MurraySmith_Splash Pad VE.docx Rev 7/18/2019
2 of 10
3. Terms. This Agreement shall commence on December 15, 2020 (“Commencement Date”) and
shall terminate March 31, 2021 unless extended or terminated in writing as provided herein. The
City reserves the right to offer two (2) one-year extensions prior to contract expiration to
retain the selected company’s services.
4. Compensation.
LUMP SUM. Compensation for these services shall be a Lump Sum of $_________________.
X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$24,180.00 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit “B.”
TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis
according to the list of billing rates and reimbursable expenses attached hereto as Exhibit “_____.”
OTHER. _____________________________________________________________
5. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the City
for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third-party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply
with all federal and state laws applicable to independent contractors, including, but not limited to, the
maintenance of a separate set of books and records that reflect all items of income and expenses of the
Consultant’s business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an employer-
employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant will
correct or modify the work to comply with the Agreement. The City may withhold payment for such work
until the work meets the requirements of the Agreement.
6. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
Page 118 of 163
City of Port Orchard and Murraysmith, Inc.
Professional Service Agreement Contract No.C090-20
U:\Staff Reports\2020\20201215\7C 03 C090-20 MurraySmith_Splash Pad VE.docx Rev 7/18/2019
3 of 10
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City’s general right of inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the term(s) of this Agreement to the
Consultant’s business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result
in ineligibility for further work for the City.
7. Relationship of Parties. The parties intend that an independent contractor-client relationship will
be created by this Agreement. As the Consultant is customarily engaged in an independently established
trade which encompasses the specific service provided to the City hereunder, no agent, employee,
representative or sub-consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub-consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work, the
City being interested only in the results obtained under this Agreement. None of the benefits provided by
the City to its employees, including but not limited to compensation, insurance, and unemployment
insurance, are available from the City to the employees, agents, representatives or sub-consultants of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents,
employees, representatives and sub-consultants during the performance of this Agreement. The City may,
during the term of this Agreement, engage other independent contractors to perform the same or similar
work that the Consultant performs hereunder.
8. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time for
public convenience, for the Consultant’s insolvency or bankruptcy, or the Consultant’s assignment for the
benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
C. Rights Upon Termination.
1. With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory work completed prior to the date of termination, not to exceed the total
compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost,
profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work
Page 119 of 163
City of Port Orchard and Murraysmith, Inc.
Professional Service Agreement Contract No.C090-20
U:\Staff Reports\2020\20201215\7C 03 C090-20 MurraySmith_Splash Pad VE.docx Rev 7/18/2019
4 of 10
not performed because of such termination. The Consultant shall use its best efforts to minimize
the compensation payable under this Agreement in the event of such termination. Upon
termination, the City may take over the work and prosecute the same to completion, by contract or
otherwise.
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or which may be sustained, by the City by reason of such
default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses, and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination
shall be effective immediately upon the Consultant’s receipt of the City’s written notice or such date as
stated in the City’s notice of termination, whichever is later. Notice of suspension shall be given to the
Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the
anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in
Section 15 herein.
9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill
and experience necessary to provide the services under this Agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by the Consultant under
this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
10. Ownership of Work Product.
A. All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant
pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents,
reports or other material or work of the Consultant for purposes other than those intended by the Consultant
in its scope of services under this Agreement shall be at the City’s risk.
B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant’s possession or known to it, or is rightfully
obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent
required by law, subpoena or other court order.
Page 120 of 163
City of Port Orchard and Murraysmith, Inc.
Professional Service Agreement Contract No.C090-20
U:\Staff Reports\2020\20201215\7C 03 C090-20 MurraySmith_Splash Pad VE.docx Rev 7/18/2019
5 of 10
11. Work Performed at the Consultant’s Risk. The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents and sub-consultants in the performance of
the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at
the Consultant’s own risk, and the Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held by the Consultant for use in connection with the work.
12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorneys’ fees, arising out of or resulting from the acts, errors or omissions of
the Consultant in performance of this Agreement, except for injuries or damages caused by the sole
negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant’s Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
Page 121 of 163
City of Port Orchard and Murraysmith, Inc.
Professional Service Agreement Contract No.C090-20
U:\Staff Reports\2020\20201215\7C 03 C090-20 MurraySmith_Splash Pad VE.docx Rev 7/18/2019
6 of 10
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. Workers’ Compensation Employer’s Liability each accident $1,000,000, Employer’s
Liability Disease each employee $1,000,000, and Employer’s Liability Disease –
Policy Limit $1,000,000.
4. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The Consultant’s insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Consultant’s insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
3. The City will not waive its right to subrogation against the Consultant. The
Consultant’s insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant’s insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If any coverage is written on a “claims made” basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
Page 122 of 163
City of Port Orchard and Murraysmith, Inc.
Professional Service Agreement Contract No.C090-20
U:\Staff Reports\2020\20201215\7C 03 C090-20 MurraySmith_Splash Pad VE.docx Rev 7/18/2019
7 of 10
The Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
CONSULTANT
Murraysmith, Inc.
Lee Odell, PE
888 SW 5th Avenue, Suite 1170
Portland, WA 97204
Phone: 503.225.9010
16. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision’s true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor’s determination in a reasonable time, or if the
Consultant does not agree with the Mayor’s decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys’
fees from the other party.
17. General Provisions.
A. Non-waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
Page 123 of 163
City of Port Orchard and Murraysmith, Inc.
Professional Service Agreement Contract No.C090-20
U:\Staff Reports\2020\20201215\7C 03 C090-20 MurraySmith_Splash Pad VE.docx Rev 7/18/2019
8 of 10
C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City,
and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between
the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits
attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of
the above documents are hereby made a part of this Agreement and form the Agreement document as fully
as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agreement shall prevail.
18. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income-level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant’s
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP.
4. Information and Reports: The Consultant will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
Page 124 of 163
City of Port Orchard and Murraysmith, Inc.
Professional Service Agreement Contract No.C090-20
U:\Staff Reports\2020\20201215\7C 03 C090-20 MurraySmith_Splash Pad VE.docx Rev 7/18/2019
9 of 10
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City
or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Consultant’s noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Consultant may request the City to enter into any litigation
to protect the interests of the City. In addition, the Consultant may request the United States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth
above.
CITY OF PORT ORCHARD,
WASHINGTON
By: _______________________________
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATE:
By: _______________________________
Brandy Rinearson, MMC
City Clerk
APPROVED AS TO FORM:
By: _______________________________
Charlotte A. Archer, City Attorney
CONSULTANT
By: _______________________________
Name: Lee Odell, PE
Title: Principal Engineer
Page 125 of 163
City of Port Orchard and Murraysmith, Inc.
Professional Service Agreement Contract No.C090-20
U:\Staff Reports\2020\20201215\7C 03 C090-20 MurraySmith_Splash Pad VE.docx Rev 7/18/2019
10 of 10
APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Page 126 of 163
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: December 15, 2020
Subject: Approve and Ratify the Mayor’s Prepared by: Charlotte Archer
Third Extension of Proclamation of Local City Attorney
Emergency Pursuant to RCW 38.52.070 Atty Routing No.: 366922.0003 – Exec
Atty Review Date: December 10, 2020
Summary: On March 16, 2020, the Mayor issued a Proclamation of Local Emergency (the “Proclamation”) for
the City of Port Orchard due to the spread of the novel coronavirus known as COVID-19, pursuant RCW
35A.34.140, RCW 38.52.070(2), and RCW 39.04.280. The Proclamation authorizes department directors, at
the direction of the Mayor, to take actions necessary to mitigate and continue to operate, including modified
work schedules, reassignment of personnel, and to waive the competitive bidding and public notice
requirements for the procurement of goods and services necessary to prepare for, prevent and respond to
this emergency. The Mayor regularly reports to the Council throughout the emergency as to the measures
taken to protect the public health, safety and welfare. All contracts executed pursuant to this Proclamation
have and will continue to be submitted to the Council at the earliest practical time.
On June 16, 2020, in light of the continued state of emergency in the City due to COVID-19, the Mayor
extended his Proclamation for an additional ninety days. On September 13, 2020, the Mayor extended his
Proclamation until December 31, 2020. Due to a continued state of emergency and based on guidance from
federal, state and local health officials, on December 11, 2020, the Mayor extended his Proclamation until
March 31, 2021, but the Proclamation can be lifted earlier if conditions improve in the community.
Recommendation: The Mayor seeks the Council’s ratification of the Third Extended Proclamation by motion
of the Council.
Relationship to Comprehensive Plan: N/A
Motion for consideration: “I move to approve of and ratify the Mayor’s Third Extension of the
Proclamation of Local Emergency, dated the 11th of December 2020, pursuant to Port Orchard Municipal
Code 2.80.210 and RCW 38.52.070.”
Fiscal Impact: Unknown
Alternatives: N/A
Attachments: March 16, 2020, Proclamation; June 16, 2020, Extended Proclamation; September 13, 2020,
Second Extended Proclamation.
Page 127 of 163
CH ARD.
CITY OF PORT ORCHARD
PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, on February 29,2020, the Governor of Washington proclaimed a state of
emergency for all counties in the state of Washington due to the spread of a novel coronavirus now
known as COVID-I9; and
WHEREAS, on March I1,2020, the World Health Organization declared that the spread
of COVID-l9 had resulted in a global pandemic; and
WHEREAS, on March 13,2020, the President of the United States issued an emergency
declaration due to the COVID-I9 pandemic, and authorized Federal Emergency Management
Agency (FEMA) assistance and aid pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U. S. C. 5 l2l -5207 ; and
WHEREAS, the Kitsap Public Health District has identified at least five positive cases of
COVID-I9 in Kitsap County, and the Kitsap Public Health District Health Officer reports that it
will likely spread and cause adverse health impacts to the residents of the County; and
WHEREAS, according to medical experts from the Center for Disease Control (CDC) and
the Kitsap Public Health District, COVID-19 poses a substantial likelihood of risk of severe illness
for persons at a higher risk, including older adults, pregnant women, and people with other health
conditions; and
WHEREAS, the CDC has classified COVID-19 as endemic to the Puget Sound region;
NOWO THEREFORE' IT IS PROCLAIMED BY THE MAYOR OF THE CITY OF
PORT ORCHARD that an emergency exists in the City of Port Orchard as a result of the
aforementioned conditions and, therefore:
Section 1. Pursuant to this proclamation and RCW 35A.34.140, RCW 38.52.070(2), and
RCW 39.04.280, the requirements of competitive bidding and public notice are hereby waived
with reference to any contract relating to the lease or purchase of supplies, equipment, personal
services, or public works, or any contract for professional or personal services necessary to prepare
for, prevent, and respond to this emergency.
Section 2. Pursuant to this proclamation, City of Port Orchard departments are authorized
to take actions necessary to mitigate and prevent this threat to public health and safety and impacts
upon publicly-owned infrastructure, including issuance of emergency permits, re-assignment of
personnel, modifications of employee work schedules, and other measures necessary to ensure the
health and safety of the City's employees and the public.
Page 128 of 163
Section 3. A copy of this proclamation shall be disseminated via the City's regular
means for official notices and shall be made available to the media and general public.
Section 4. This proclamation shall expire ninety (90) days from the date of issuance,
unless extended or earlier terminated by the Mayor.
Issued by the Mayor of Port Orchard on this'\ffiof fvf arch,2020.
Robert Mayor
ATTEST:
MMC, City Clerkv
Page 129 of 163
]t ARD.--=--
CITY OF PORT ORCHARI)
EXTENSION OF
PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, on March 76,2020,1 as the Mayor of Port Orchard issued a Proclamation of
Local Emergency due to the COVID-19 pandemic; and
WHEREAS, the COVID-l9 pandemic persists as a global public health and safety
emergency, and emergency orders issued by the President of the United States and the Governor
of Washington state are on-going; and
NOW, THEREFORE,IT IS PROCLAIMED BY THE MAYOR OF THE CITY OF
PORT ORCHARD that a continued emergency exists in the City of Port Orchard as a result of
the aforementioned conditions and, therefore:
Section 1. Pursuant to Port Orchard Municipal Code 2.80.210, the Proclamation of Local
Emergency issued on March 16,2020 is hereby extended an additional ninety (90) days from the
date of this extension, unless extended or earlier terminated by the Mayor. The terms of that
Proclamation of Local Emergency remain in effect for the duration of this extension. The Mayor
will submit this to the City Council for ratification as soon as is practicable.
Section 2. A copy of this proclamation shall be disseminated via the City's regular
means for official notices and shall be made available to the media and general public.
Issued by the Mayor of Port Orchard on this 16th day of June, 2020.
Robert Mayor
ATTEST:
MMC, City Clerk
w...$$;isi
,trrlii
EALS
1-'1-
0
Page 130 of 163
R t{D o
CITY OF PORT ORCHARD
SECOND EXTENSION OF
PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, on March 16,2020,I as the Mayor of Port Orchard issued a Proclamation of
Local Emergency due to the COVID-19 pandemic; and
WHEREAS, on June 16,2020,I extended the Proclamation of Local Emergency due to
the continued state of emergency present in Port Orchard; and
WHEREAS, the COVID-l9 pandemic persists as a global public health and safety
emergency, and emergency orders issued by the President of the United States and the Governor
of Washington state are on-going; and
NOWO THEREFORE,IT IS PROCLAIMED BY THE MAYOR OF THE CITY OF
PORT ORCHARD that a continued emergency exists in the City of Port Orchard as a result of
the aforementioned conditions and, therefore :
Section 1. Pursuant to Port Orchard Municipal Code 2.80.210,the Proclamation of Local
Emergency issued on March 16, 2020, and extended on June 16, 2020, is hereby extended to
December 31,2020 at 1 1 :59 PM, unless extended or earlier terminated by the Mayor. The terms
of that Proclamation of Local Emergency remain in effect for the duration of this extension. The
Mayor will submit this to the City Council for ratification as soon as is practicable.
Section 2. A copy of this proclamation shall be disseminated via the City's regular
means for official notices and shall be made available to the media and general public.
Issued by the Mayor of Port Orchard on this 1 3th day of Septemb er, 2020 .)r ^-ORobert Putaansu\, Mayor
ATTEST:
tIlt
ePOR ,1
EALS
C, City Clerk
Page 131 of 163
CITY OF PORT ORCHARD
THIRD EXTENSION OF
PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, on March 16, 2020, I as the Mayor of Port Orchard issued a Proclamation of
Local Emergency due to the COVID-19 pandemic; and
WHEREAS, on June 16, 2020, ad again on September 13, 2020, I extended the
Proclamation of Local Emergency due to the continued state of emergency present in Port Orchard;
and
WHEREAS, the COVID-19 pandemic persists as a global public health and safety
emergency, and emergency orders issued by the President of the United States and the Governor
of Washington state are on-going; and
NOW, THEREFORE, IT IS PROCLAIMED BY THE MAYOR OF THE CITY OF
PORT ORCHARD that a continued emergency exists in the City of Port Orchard as a result of
the aforementioned conditions and, therefore:
Section 1. Pursuant to Port Orchard Municipal Code 2.80.210 and RCW 38.52.070, the
Proclamation of Local Emergency issued on March 16, 2020, extended on June 15, 2020, and
again on September 13, 2020, is hereby extended to March 31, 2021 at 11:59, unless extended or
earlier terminated by the Mayor. The terms of that Proclamation of Local Emergency remain in
effect for the duration of this extension. The Mayor will submit this to the City Council for
ratification as soon as is practicable.
Section 2. A copy of this proclamation shall be disseminated via the City’s regular
means for official notices and shall be made available to the media and general public.
Issued by the Mayor of Port Orchard on this 11th day of December 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 132 of 163
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: December 15, 2020
Subject: Approval of Change Order No. 31 to Prepared by: Mark Dorsey, P.E.
Contract No. 037-17 with Active Public Works Director
Construction, Inc. for the Tremont Street Atty Routing No: N/A
Widening Project - Closeout Atty Review Date: N/A
Summary: On February 11, 2020, the Port Orchard City Council Authorized Change Order No. 30 for
Contract No. C037-17 with Active Construction, Inc., thereby bringing the final value of all change orders
to date to a total of $2,292,353.60 or 229.2% of the Contingency Value and the Approved Project Cost to
$15,071,532.77. On August 9, 2019, the City of Port Orchard issued the Notice of Substantial Completion
letter, and on August 28, 2020, upon termination of the 12-month plant establishment period (PSIP), the
City of Port Orchard issued the Notice of Acceptance – Plant Establishment and Physical Completion
letter. Tonight’s action is for the approval of Change Order No. 31, being the final closeout change order
to reflect all final bid item quantities for the Project, which results is a net deduction of $130,591.85 and a
Final Approved Project Cost of $14,940,940.92.
Relationship to Comprehensive Plan: Project 1.1 – Chapter 8: Transportation.
Recommendation: Staff recommends that the City Council authorize the Mayor to execute Change Order
No. 31 with Active Construction, Inc. in a deductive amount $130,591.85 for Project Closeout.
Motion for Consideration: I move to authorize the Mayor to execute Change Order No. 31 with Active
Construction, Inc. in a deductive amount of $130,591.85 for Project Closeout.
Fiscal Impact: Project funding provided within the approved 2019-2020 Biennial Budget.
Alternatives: None.
Attachments: ACI Change Order No. 31, COPO Change Order No. 31, Notice of Substantial Completion
(dated 8/9/2019), Notice of Acceptance – Plant Establishment and Physical Completion (dated
8/28/2020).
Page 133 of 163
CITY OF PORT ORCHARD
Authorization for Change Order No. 31
Date: December 15 2020 Contractor: ACTIVE CONSTRUCTION, INC.
Project: TREMONT STREET WIDENING PO BOX 430
Contract / Job # C037-17 PUYALLUP, WA 98371
THIS CHANGE ORDER AUTHORIZES THE ADDITIONAL WORK: PROJECT CLOSEOUT – FINAL BID ITEM
QUANTITIES FOR ALL WORK SCHEDULES. VALUE ESTMATED AT $130,591.85 DEDUCTION.
Page 134 of 163
Amount Sales Tax Total Date Appvd by
Original Contract $12,779,179.17 Included $12,779,179.17 27-Jun-17 COUNCIL
Change Order 1 $250,000.00 Included $250,000.00 24-Apr-18 COUNCIL
Change Order 1A -$7,093.67 Included -$7,093.67 08-May-18 COUNCIL
Change Order 2 $150,000.00 Included $150,000.00 08-May-18 COUNCIL
Change Order 2A -$21,305.63 Included -$21,305.63 27-Nov-18 COUNCIL
Change Order 3 $116,889.50 Included $116,889.50 26-Jun-18 COUNCIL
Change Order 3A $24,703.27 Included $24,703.27 25-Sep-18 COUNCIL
Change Order 4 $18,309.41 Included $18,309.41 24-Jul-18 COUNCIL
Change Order 5 $69,720.34 Included $69,720.34 24-Jul-18 COUNCIL
Change Order 6 $75,179.29 Included $75,179.29 24-Jul-18 COUNCIL
Change Order 7 $114,820.78 Included $114,820.78 11-Sep-18 COUNCIL
Change Order 8 $40,753.56 Included $40,753.56 27-Nov-18 COUNCIL
Change Order 9 $142,256.52 Included $142,256.52 27-Nov-18 COUNCIL
Change Order 10 $138,477.60 Included $138,477.60 27-Nov-18 COUNCIL
Change Order 11 $124,763.94 Included $124,763.94 27-Nov-18 COUNCIL
Change Order 12 $0.00 Included $0.00 19-Jan-19 PWD
Change Order 13 $24,500.00 Included $24,500.00 26-Feb-19 COUNCIL
Change Order 14 $46,012.71 Included $46,012.71 12-Mar-19 COUNCIL
Change Order 15 $22,545.11 Included $22,545.11 12-Mar-19 COUNCIL
Change Order 16 $73,244.42 Included $73,244.42 12-Mar-19 COUNCIL
Change Order 17 $53.91 Included $53.91 12-Mar-19 COUNCIL
Change Order 18 $80,000.00 Included $80,000.00 12-Mar-19 COUNCIL
Change Order 19 $102,608.32 Included $102,608.32 23-Apr-19 COUNCIL
Change Order 20 $36,408.94 Included $36,408.94 23-Apr-19 COUNCIL
Change Order21 $10,766.75 Included $10,766.75 23-Apr-19 COUNCIL
Change Order 22 -$160,810.55 Included -$160,810.55 23-Apr-19 COUNCIL
Change Order 23 $202,760.20 Included $202,760.20 23-Apr-19 COUNCIL
Change Order 24 $32,486.20 Included $32,486.20 23-Jul-19 COUNCIL
Math Error -$0.12 Included -$0.12 23-Jul-19 COUNCIL
Change Order 25 $78,863.95 Included $78,863.95 13-Aug-19 COUNCIL
Change Order 26 $27,569.10 Included $27,569.10 13-Aug-19 COUNCIL
Change Order 27 $38,577.13 Included $38,577.13 13-Aug-19 COUNCIL
Change Order 28 $194,772.99 Included $194,772.99 26-Nov-19 COUNCIL
Change Order 29 $190,750.00 Included $190,750.00 26-Nov-19 COUNCIL
Change Order 30 $53,769.63 Included $53,769.63 11-Feb-20 COUNCIL
Change Order 31 -$130,591.85 Included -$130,591.85 15-Dec-20 COUNCIL
Total Contract $14,940,940.92
Contract History
Page 135 of 163
I have reviewed the Change Order information above and certify that to the best of my knowledge
descriptions and costs are true and accurate.
Contractor Approval Signature Public Works Director/City Engineer
MARK R. DORSEY, P.E.
Printed Name & Title Printed Name
Approved:
Mayor
Attest:
City Clerk
Council Approval Date
Change Orders that do not exceed 10%, with a maximum of
$50,000, of either legally authorized budget limit or contract
amount established by City Council can be approved by the Public
Works Director.
Change Orders that do not exceed 10%, with a maximum of
$100,000, of either legally authorized budget limit or contract
amount established by City Council are to be approved by the
Mayor.
Change Orders over $100,000 or exceed a total of 10% require
Council Action.
Page 136 of 163
Page 137 of 163
Page 138 of 163
Page 139 of 163
Page 140 of 163
Page 141 of 163
Page 142 of 163
Page 143 of 163
Page 144 of 163
Page 145 of 163
Page 146 of 163
Page 147 of 163
Page 148 of 163
Page 149 of 163
Page 150 of 163
Page 151 of 163
Page 152 of 163
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: December 15, 2020
Subject: Approval of a Memorandum of Prepared by: Debbie Lund
Understanding with Teamsters Local 589 HR Coordinator
Regarding the position of Community Atty Routing No.: 366922.0008
Health Navigator Atty Review Date: December 10, 2020
Summary: As part of the 2021-2022 budget, the City created the position of Community Health
Navigator. Teamsters Local 589 filed a claim of interest with the City to establish the position as a
represented member of the Police Support Staff bargaining unit. The City and Union have reached an
agreement as to the contract terms that would be impacted by this addition to the contract. Those
changes are included in a Memorandum of Understanding that addresses wages and benefits.
Recommendation: Staff recommends the City Council approve the proposed MOU to regarding the
addition of the position of Community Health Navigator to the collective bargaining agreement
between the City and Teamsters Local No. 589 representing Police Support Staff.
Relationship to Comprehensive Plan: N/A
Motion for consideration: “I move to authorize the Mayor to sign a Memorandum of Understanding
with Teamsters Local Number 589 representing Police Support Staff relating to the newly established
position of Community Health Navigator.”
Fiscal Impact: Provided for in the 2021-2022 budget.
Alternatives: Do not approve the MOU and provide alternative guidance.
Attachments: The MOU under consideration tonight is not a public document until approved by Council
and signed by the parties; it is, therefore, not attached.
Page 153 of 163
City of Port Orchard
Council Meeting Minutes
Regular Meeting of December 8, 2020
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the 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 Absent
Councilmember Diener Present via Remote Access
Councilmember Lucarelli Present via Remote Access
Mayor Pro-Tem Rosapepe Present via Remote Access
Mayor Putaansuu Present via Remote Access
Staff present via Remote Access: Finance Director Crocker, Community Development Director Bond,
Public Works Director Dorsey, HR Coordinator Lund, Police Chief Brown, Deputy Chief Schuster, City
Attorney Archer, Utility Manager Brown, and Deputy City Clerk Floyd.
Mayor Putaansuu stated pursuant to the Governor’s Stay at Home, Stay Safe order, the City Council
will be conducting the meeting via Zoom this evening.
A. PLEDGE OF ALLEGIANCE
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to add to the consent
agenda the excused absence for Shawn Cucciardi due to business reasons.
The motion carried.
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to adopt the agenda
as modified.
The motion carried.
Page 154 of 163
Minutes of December 8, 2020
Page 2 of 6
3. CITIZENS COMMENTS
There were no citizen comments.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 80988 through 81001 and 81008 through 81074, including bank drafts
in the amount of $424,210.23 and EFT’s in the amount of $1,719.79 totaling $425,930.02.
B. Approval of Payroll Check Nos. 81002 through 81007 including bank drafts and EFT’s in the
amount of $229,636.61; and Direct Deposits in the amount of $183,597.99 totaling $413,234.60.
C. Adoption of a Resolution Approving an Indemnification and Hold Harmless Agreement with
WINWARD McCormick, LLC for the McCormick Lift Station No. 1 Connection Point Modifications
(Resolution No. 060-20 and Contract No. 091-20)
D. Approval of an Updated Memorandum of Understanding for the Kitsap Critical Incident Response
Team (Contract No. 093-20)
E. Approval of Amendment No. 2 to Contract No. 012-19 with Kitsap County for the Provision of
Juvenile Detention Facilities
F. Approval of Addendum No. 1 to Contract No. 045-20 with Kitsap Community Resources-Housing
Solutions Center for the Affordable and Supportive Housing Grant Award
G. Approval of Amendment No. 3 to Contract No. 002-18 with Kitsap County for Incarceration of
City Prisoners
H. Approval of the November 17, 2020, Work Study Meeting Minutes
I. Approval of the November 24, 2020, Council Meeting Minutes
J. New: Excusal of Councilmember Shawn Cucciardi Due to Business Reasons
MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to approve the consent
agenda as modified.
The motion carried.
5. PRESENTATION
A. South Kitsap Community Events Center
Steve Rice and Lorie Limson Cook with Rice Fergus Miller, provided a presentation which included
site option map locations, site selection criteria, downtown overall plan, site plan and main level
floor plan, and second level floor plan.
6. PUBLIC HEARING
A. Surplus of Proprietary Funds (Water, Sewer and Storm Drainage) Utility Equipment
Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing
at 6:55 p.m.
Page 155 of 163
Minutes of December 8, 2020
Page 3 of 6
7. BUSINESS ITEMS
A. Continued: Approval of a Contract with South Kitsap Fire and Rescue to Share Funding for the
Community Health Navigator Position
EXECUTIVE SESSION
At 7:08 p.m. Mayor Putaansuu recessed the meeting for a 10-minute executive session to discuss
litigation or legal risks of a proposed action pursuant to RCW 42.30.110(1)(i)(3). City Attorney Archer,
Finance Director Crocker, and Police Chief Brown were invited to attend, and Mayor Putaansuu
announced action will follow.
At 7:18 p.m., Mayor Putaansuu extended the executive session for 5 minutes.
At 7:23 p.m., Mayor Putaansuu extended the executive session for 5 minutes.
At 7:28 p.m., Mayor Putaansuu reconvened the meeting back into session.
MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, 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.
The motion carried.
(Contract No. 014-21)
B. Adoption of a Resolution Honoring Deputy Chief of Police Dale Schuster
MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to adopt a resolution,
honoring Deputy Chief of Police Dale Schuster as presented.
The motion carried.
(Resolution No. 062-20)
C. Adoption of a Resolution Approving an Agreement with Oakridge Homes II, LTD for Payment
in Lieu of Construction Specific Performance
MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt a Resolution
authorizing the Mayor to execute an Agreement with Oakridge Homes II, LTD, for Payment in Lieu of
Construction Specific Performance.
The motion carried.
(Resolution No. 064-20 and Contract No. 092-20)
Page 156 of 163
Minutes of December 8, 2020
Page 4 of 6
D. Adoption of a Resolution Declaring Certain Proprietary Funds (Water, Sewer, Storm
Drainage) Utility Equipment as Surplus
MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to adopt a Resolution
declaring certain equipment surplus and authorizing its disposition.
The motion carried.
(Resolution No. 065-20)
E. Adoption of a Resolution Ratifying Emergency Purchases of Supplies, Equipment and Services
for COVID-19 Relief Made During the Declared State of Emergency
MOTION: By Councilmember Lucarelli, seconded by Councilmember Chang, to adopt a Resolution
thereby ratifying the procurement of emergency goods and services during the declared state of
emergency due to the COVID-19 pandemic.
The motion carried.
(Resolution No. 066-20)
F. Approval of a Memorandum of Understanding with the Police Guild Representing Sergeants
Regarding the Promotion of Sergeant Donna Main out of the Bargaining Unit
MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to authorize the
Mayor to sign a Memorandum of Understanding with the Police Guild representing Sergeants
relating to the treatment of accrued leaves upon the promotion of Donna Main out of the bargaining
unit and into the position of Deputy Chief.
The motion carried.
(MOU No. 2 to Contract No. 047-19)
8. DISCUSSION ITEMS (No Action to be Taken)
A. Sewer CFC Credits
Finance Director Crocker provided a presentation which included the six-year Sewer System Capital
Improvement Plan, Sewer City Wide CFC [Capital Facility Charge] Credit per POMC [Port Orchard
Municipal Code], and the Sidney Force Main example.
Discussion was held which included city projects, cost of construction, credits, potential modeling,
fiscal analysis, comparative analysis, and bring back to the Finance Committee for review.
9. REPORTS OF COUNCIL COMMITTEES
Page 157 of 163
Minutes of December 8, 2020
Page 5 of 6
Councilmember Clauson reported the Finance Committee is scheduled to meet January 12, 2021.
Councilmember Lucarelli reported the Utility Committee is scheduled to meet January 19, 2021. She
also reported on the Festival of Chimes and Lights event.
Mayor Putaansuu reported the Land Use Committee is scheduled to meet December 9, 2020. The
Economic Development and Tourism Committee has been cancelled for December. The
Transportation Committee is scheduled to meet January 26, 2021. He also reported on the KRCC
[Kitsap Regional Coordinating Council].
Councilmember Rosapape reported the Lodging Tax Advisory Committee is scheduled to meet in
February.
Mayor Putaansuu thanked Councilmember Ashby for her participation in the outside boards and
committees.
10. REPORT OF MAYOR
The Mayor reported on the following:
• Businesses open during the pandemic; and
• Facebook boosts.
11. REPORT OF DEPARTMENT HEADS
Deputy City Clerk Floyd asked Council and department directors to review their webpages on the
city’s website and report back on any needed updates.
City Attorney Archer reported on the extension of the Governor’s OPMA/PRA [Open Public Meetings
Act and Public Records Act] proclamation until January 19, 2021.
Finance Director Crocker reported they are closing out for 2020 and asked everyone to look at their
budgets to make sure everyone is on track.
12. CITIZEN COMMENTS
There were no citizen comments.
13. EXECUTIVE SESSION
At 7:08 p.m. Mayor Putaansuu recessed the meeting for a 10-minute executive session to discuss
potential litigation pursuant to RCW 42.30.110(1)(i). City Attorney Archer, Community Development
Director Bond, Public Works Director Dorsey, and Finance Director Crocker were invited to attend,
and Mayor Putaansuu announced no action will follow.
Page 158 of 163
Minutes of December 8, 2020
Page 6 of 6
14. ADJOURNMENT
The meeting adjourned at 8:20 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
Page 159 of 163
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Discussion Item 8A Meeting Date: December 15, 2020
Subject: RMSA Required Training for 2021 Prepared by: Brandy Rinearson, MMC
City Clerk
Atty Routing No.: N/A
Atty Review Date: N/A
Summary: On November 30, 2020, staff was provided a document outlining available online training offered
through RMSA’s [Risk Management Service Agency]. The city will need to choose one topic to meet the
RMSA training requirement for 2021.
Staff and Council has been asked to review the attached document and choose one training.
Recommendation: None.
Relationship to Comprehensive Plan: None.
Fiscal Impact: N/A
Alternatives: None.
Attachments: RMSA Catalog of Possible Courses to Satisfy Supervisor and Council Annual Training
Requirement.
Page 160 of 163
RMSA Catalog of Possible Courses
to Satisfy Supervisor and Council Annual Training Requirement
11/30/2020
Business Continuity
A major business interruption can have
devastating consequences for any business
without a plan in place to handle it. In this
course, the learner will find out why
business continuity planning is essential,
learn to recognize the forms in which
disasters strike and the categories in which
they fit, gain understanding of the
importance of organization assets and the
recovery time objective for each item and
finally, learn to identify the eight categories
that should be incorporated into every
business continuity plan. Course details: 1
hour of training credit, Liked by 53 users
Crisis Management
This course is designed to help all
departments, organizations, and agencies
within the public sector prepare for just such
an event. Course details: 1 hour of training
credit, Liked by 160 users
Dealing with the Media
Public relations (PR) is the art of
communicating your message, product or
brand to the media. Public relations is
important to nearly every major
organization, from big and small businesses
and non-profit organizations to governments
and other public entities. While all these
organizations may employ a public relations
team, how that team is used may be very
different. This course will give you the
knowledge you need to enhance your public
relations abilities. Course details: 1 hour of
training credit, Liked by 69 users
Discipline and Termination
In every organization, employees are let go
for various reasons. The decision to
discipline or even terminate an employee is
not one that should be taken lightly, and
there is a right and wrong way to approach
the situation. In this course, learners will
explore ways to appropriately address issues
before termination is necessary, be able to
terminate employees confidently if
discipline fails, and for employees to
understand the need for a disciplinary
process and the rules and expectations that
inform them. Course details: 1 hour of
training credit, Liked by 32 users
Ethical Behavior for Local
Government
In this course, we will define ethical
behavior, provide examples of work
situations where a thorough understanding
of workplace ethics may be applied, and
ways in which you can determine if your
decisions and behavior are meeting the
appropriate standards.
Course details: 1 hour of training credit,
Liked by 229 users
FMLA Training for Supervisors
Sometimes employees need to make serious,
life-changing decisions. In some cases, they
may even need to choose between providing
direct care for a loved one, for example, and
the need to provide for their family's
financial needs. In previous eras, people
often became caught in an "either/or"
situation because employers were not
always cooperative when individuals needed
time for personal matters. Employees ran the
risk of losing their jobs and benefits if they
made the choice of putting their family first.
Fortunately, the Family and Medical Leave
Act (FMLA) entitles eligible employees to
Page 161 of 163
take the time they need to handle life events.
In this course, we will discuss the FMLA in
detail to help you as a supervisor understand
what FMLA is, how it applies to employees,
what you and your company need to do
when an employee requests a leave of
absence, and what you need to know to
avoid compliance issues. Course details: 1
hour of training credit. Liked by 38 users
Generational Differences
Generational differences influence nearly
every facet of your organization, from hiring
and recruiting, dealing with change, training,
retaining employees, and communication.
How can your organization better
understand these differences and use these
generational differences in a beneficial way?
In this course, learners will examine the four
most prominent generational workers, their
core values, and how these come into play in
the workplace. Course details: Minimum
time requirement of 50 minutes, 1 hour of
training credit, Liked by 96 users
Leadership v. Management
Management and leadership are terms that
are frequently used interchangeably;
however, they are not the same thing. They
have quite distinct meanings. The two do
have similarities, but they also have
important differences. This course is
designed to help you understand the
difference between leadership and
management and why these differences are
important. Course details: 1 hour of training
credit, Liked by 63 users
Meeting Management
Every day at workplaces around the country,
employees huddle in conference rooms to
tackle a wide range of issues. Most
meetings, however, are almost universally
perceived by employees to be a waste of
time. In this course, we will examine some
measures that can be taken to help you get
more out of meetings, which, in the end, will
lead you to a happier and more productive
work environment. Course details: 1 hour of
training credit, Liked by 13 users
Parliamentary Procedures
Whether you are an experienced leader or
just beginning your role as a leader or
member, knowledge of parliamentary rules
and procedures is essential to conduct
efficient and high-quality meetings. Good
parliamentary procedure not only ensures
order, it ensures justice to everyone,
provides productive use of limited time, and
ultimately gives everyone a sense of self-
confidence. Course details: 1 hour of
training credit, Liked by 6 users.
Performance Management
Managing employee performance through
standards, observation and feedback may
sound easy, but doing it well is another
story. Many managers and supervisors see
the appraisal process as a single day event
on the employee's anniversary date, which is
not the case. The performance appraisal
process is an ongoing activity that takes
effort throughout the year, not just at the
time of the appraisal. Course details: 1 hour
of training credit, Liked by 16 users
Science of Employee Engagement
This one-hour course in the Science of
Employee Engagement delves deeper into
the motivation, opportunities, and the
science of engagement in the workplace.
Course details: 1 hour of training credit,
Liked by 18 users
Page 162 of 163
Sexual Harassment for Managers
(Some took in 2013)
Sexual harassment in the workplace can
happen to anyone, male or female,
regardless of sexual orientation.
Recognizing what sexual harassment is a
leader, both the subtle cues as well as the
overt advances, will help you to identify
potential warning signs and take the
necessary steps to prevent sexual
harassment. There are a number of
preventive measures that can be employed
as well as recommendations of what to do if
you or one of your employees have been or
are the victim of sexual harassment. Course
details: Minimum time requirement of 120
minutes, 2 hours of training credit, Liked by
39 users
Shaping an Ethical Workplace
Culture
Workers create an organization's culture of
credibility, integrity, and excellence. When a
group of employees honors an environment
of ethical principles and foundation, the
organization benefits from the culture. The
instructional goal of Ethics in the Workplace
is to highlight the importance of ethical
behavior choice, examine ethical decision-
making, and discover consequences of
individual ethical attitudes on the
organization as a whole. Course details:
Minimum time requirement of 50 minutes, 1
hour of training credit. Liked by 97 users
Successful Customer Interactions
There is a strong correlation between
customer satisfaction and the success of a
business or department. Welcoming
customers means working to create satisfied
customers from the inside-out. When local
government creates satisfied customers, we
create empowered and informed citizens. In
this course, learners will discover how to
interact as co-workers and service providers.
We will also cover understanding the
customer goal and how to create goals that
will lead to successful customer interactions.
Course details: 1 hour of training credit, ,
Liked by 42 users
Workplace Bullying
When we think of bullying, we immediately
associate it with the school yard, certainly
not something we face as an adult.
Unfortunately, bullying in the workplace
occurs more often than you think. In fact,
there are various forms of bullying, from
overt forms to those which are quite passive.
Workplace bullying may have significant
consequences for those involved, for
yourself as an employee as well as your
employer. A thorough understanding of
workplace bullying will help promote
awareness and ultimately prevention.
Course details: 1 hour of training credit,
Liked by 211 users
-------------Council Specific---------------
Ethical Behavior for Elected
Officials
This course offers insight into your role as
an elected official regarding moral and
ethical decisions you will face during your
time in office. This course is designed to
assist you through ethical and moral
decisions that you will face during your
term. As always, this is an overview and in
no way takes the place of state or Local law
and /or training requirements. Course
details: 1 hour of training credit, Liked by 8
users
Page 163 of 163