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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