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09/10/2024 - Regular - Packet
0�84 Meeting Location: Contact us: ORCHARD Council Chambers Phone (3potorchad 216 Prospect Street cityhall@portorchardwa.gov Port Orchard, WA 98366 www.portorchardwa.gov City Council Regular Meeting Tuesday, September 10, 2024 6:30 PM Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the City Council is conducting its public meeting in a hybrid format with options for in -person attendance in the Council Chambers at City Hall or remote viewing and participation via Zoom (link below). The meeting is streamed live on the City's YouTube channel, click here. Remote Access Link: https://us02web.zoom.us/j/88054208085 Zoom Meeting ID: 880 5420 8085 Zoom Call -In: 1 253 215 8782 Guiding Principles Are we raising the bar in all of our actions? Are we honoring the past, but not living in the past? Are we building positive connections with our community and outside partners? Is the decision -making process building a diverse, equitable, and inclusive community? 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZEN COMMENTS (This is an opportunity for citizens to address the City Council on agenda items that are not associated with a Public Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the official record. If you are attending remotely by Zoom via telephone, enter *9 from your keypad to raise your hand.) C!I�L�I►�� ► Cia►U7_1 (Items listed are to be considered routine in nature and are grouped together in a single motion. A Councilmember may remove an item for separate consideration upon request. In the event of such request, the item is placed under Business Items.) A. Approval of Payroll and Direct Deposits B. Approval of Vouchers and Electronic Payments C. Adoption of a Resolution Declaring Certain Personal Property as Surplus and September 10, 2024 Meeting Agenda Authorizing its Disposition Thereof (Wallace) D. Adoption of a Resolution Authorizing the Purchase of a Public Works Admin Vehicle (Crocker) E. Adoption of a Resolution Authorizing the Purchase of a Community Development Department Vehicle (Bond) F. Approval of the July 23, 2024, City Council Meeting Minutes G. Excusal of Councilmember Diener for Personal Obligation 5. PRESENTATION A. Kitsap Humane Society, Director of Animal Control, Chase Connolly 6. PUBLIC HEARING (Accepting public testimony from citizens limited to the specific item listed) 7. BUSINESS ITEMS A. Adoption of a Resolution Authorizing the Purchase of a Generator for the Melcher Pump Station Rehabilitation Project (Ryan) B. Approval of Contract Amendment No. 1 to Contract No. C032-24 with Kitsap County for Traffic Control Devices (Ryan) C. August 13, 2024, City Council Meeting Minutes 8. DISCUSSION ITEMS (No Action to be Taken) 9. REPORTS OF COUNCIL COMMITTEES (Three council members serve on the committee with staff to make collaborative recommendations about work product. Staff then prepares the items for full Council consideration based on the Committee's discussion.) A. Council Advisory Committees 10. REPORT OF MAYOR 11. REPORT OF DEPARTMENT HEADS 12. CITIZEN COMMENTS (This is an opportunity for citizens to address the City Council on any items that are not associated with a Public Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the official record. If you are attending remotely by Zoom via telephone, enter *9 from your keypad to raise your hand.) 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. GOOD OF THE ORDER 15. ADJOURNMENT September 10, 2024 Meeting Agenda K ADA Requirements In compliance with the American with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (360) 876-4407. Notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting. REMINDER: Please silence all electronic devices while City Council is in session. To subscribe to our general news & public notices click the link: http://portorchardwa.gov/subscribe For current City Council member and contact information, please visit https://portorchardwa.gov/departments/city- council/. For Committee Membership please visit https://portorchardwa.gov/city-council-advisory-committees/. September 10, 2024 Meeting Agenda 3 DqM City of Port Orchard ORCHARD216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda: Adoption of a Resolution Declaring Certain Personal Property as Surplus and Authorizing its Disposition Thereof (Wallace) Meeting Date: September 10, 2024 Prepared By: Brandy Wallace, City Clerk, MMC, CPRO Summary and Background: Assets of the City that are no longer usable, are no longer of value to the City, or are surplus to City needs, may be removed from City ownership, sold, or in any other way disposed with a declaration of surplus by the City Council. Staff is asking the Council to surplus various firearms, tasers, and drone as they are no longer useful to the City. The firearms will be traded in for credit towards new firearms. The tasers have reached the end of their useful life and will be destroyed. The drone has exceeded its useful life and is no longer supported by necessary updates. The items being requested for surplus are listed as Exhibit A to this staff report. Firearms and tasers belong to the Police department and Drone by Public Works. The Finance department has estimated the current value of these items to be of no dollar value. These items were not acquired for public utility purposes; therefore, a public hearing is not required, pursuant to RCW 35.94.040(2). Although the City's internal asset value of the items are listed with no value, any monies from the sale of surplus property will be deposited into the Fund(s) which owned them. When disposal is to the general public through direct sale, sealed bid or auction, final determination of value shall be the highest responsible bid or offer. The City may transfer a surplus asset to another public agency upon written request and a determination that it is in the public interest. Staff will dispose the items in a manner that reflects the best interest of the City. Relationship to Comprenhensive Plan: N/A Recommendation: Staff is recommending adoption of a resolution declaring personal property as surplus and allowing for its disposition. Motion for Consideration: I move to adopt a resolution declaring personal property, various firearms, tasers, and drone know to be of no value, belonging to the Police and Public Works departments as surplus and authorizing its disposition. Has item been presented to Committee/Work Study? If so, which one: N/A 4 Fiscal Impact: Money received from the disposition of surplus items will be deposited into the Fund(s) of ownership. Alternatives: Do not adopt and provide staff with further guidance. Attachments: Draft RES Declaring Surplus.doc items to surplus july 2024.xlsx Items to surplus July 2024 PD and Water drone.pdf 41 RESOLUTION NO. -24 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS AND AUTHORIZING ITS L]1.9Z91-9kIEel ► at: 1AC4te1A WHEREAS, certain personal property owned by the Police and Public Works departments of the City of Port Orchard has become surplus to the needs of the City; and WHEREAS, the City Council desires to surplus various firearms, tasers, and a drone (see attached list labeled as Exhibit A); and WHEREAS, the City Council has determined that the current asset value of these items are to be zero dollars, no value; and WHEREAS, the firearms will be traded in for credit towards new firearms. The tasers have reached the end of their useful life and will need to be destroyed. The drone has exceeded its useful life and is no longer supported by necessary updates; therefor they will be disposed in a manner that best reflects the interest of the City; and WHEREAS, pursuant to RCW 35.94.040(2) these items were not acquired for public utility purposes, therefore a public hearing is not required; and WHEREAS, the City Council has, pursuant to the requirements of POMC 1.30.020, considered the possible future requirements of the City, the present value of the personal property, the likelihood of locating a buyer, possible intergovernmental cooperation, and the general welfare of the citizens of Port Orchard in determining whether it is in the best interest of the City to dispose of such personal property; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES THAT: Council declares the various firearms, tasers, and a drone (listed as Exhibit A) belonging to the Police and Public Works departments as surplus. FURTHER THAT: Staff is instructed to dispose the items in a manner that reflects the best interest of the City. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 10th day of September 2024. Robert Putaansuu, Mayor Brandy Wallace, MMC, City Clerk Asset Tag Serial # Tool Type Brand Ownership Cost trade in for credit 5403 LE515591 Weapon Colt Police $1,168.53 5404 LE515663 Weapon Colt Police $1,168.53 5405 LE515674 Weapon Colt Police $1,168.53 5406 LE516667 Weapon Colt Police $1,168.53 5407 LE516672 Weapon Colt Police $1,168.53 5538 LE515581 Weapon Colt Police $1,168.53 5539 LE515610 Weapon Colt Police $1,168.53 5540 LE515616 Weapon Colt Police $1,168.53 5541 LE515621 Weapon Colt Police $1,168.53 5542 LE515667 Weapon Colt Police $1,168.53 5543 LE515672 Weapon Colt Police $1,168.53 5544 LE515678 Weapon Colt Police $1,168.53 5545 LE516585 Weapon Colt Police $1,168.53 5546 LE516603 Weapon Colt Police $1,168.53 5547 LE516620 Weapon Colt Police $1,168.53 5548 LE516627 Weapon Colt Police $1,168.53 5549 LE516638 Weapon Colt Police $1,168.53 5550 LE516639 Weapon Colt Police $1,168.53 5551 LE516640 Weapon Colt Police $1,168.53 5552 LE516644 Weapon Colt Police $1,168.53 5553 LE516656 Weapon Colt Police $1,168.53 5554 LE516660 Weapon Colt Police $1,168.53 5555 LE516666 Weapon Colt Police $1,168.53 5601 LE516646 Weapon Colt Police $1,168.53 $28,044.72 CITY OF PORT ORCHARD Public Works Director 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4991 • Fax: (36o) 876-498o mdorsey@cityofportorchard.us www.cityofportorchard.us TO: Gretchen Isakksson FROM: Denis Ryan - Public Works Director DATE: July 24, 2024 RE: Surplus Item The City of Port Orchard Public Works Department would like to surplus the following items: DJI Fantom 4 Pro, with headset (Goggles), RC controller (With built-in display), and hardcover carrycase. This equipment has exceed its useful life and is no longer supported by necessary updates as required per FAA regulations, and therefore, will be disposed of per City of Port Orchard Policy. Xcr,=-t. 7 — Denis Ryan Public Works Director eOL CITY DF apvi ex:�uv_• 1 £19 0 PORT ORCHARD POLICE DEPARTMENT SERVICE • HONOR • INTEGRITY MEMORANDUM TO: Gretchen Isaksson FROM: Matt Brown, Chief of Police SUBJECT: Surplus items DATE: July 24, 2024 The police department would like to surplus the following rifles: Make Model Serial Number Asset Tag Colt M4 carbine LE515591 5403 Colt M4 carbine LE515663 5404 Colt M4 carbine LE515674 5405 Colt M4 carbine LE516667 5406 Colt M4 carbine LE516672 5407 Colt M4 carbine LE515581 5538 Colt M4 carbine LE515610 5539 Colt M4 carbine LE515616 5540 Colt M4 carbine LE515621 5541 Colt M4 carbine LE515667 5542 Colt M4 carbine LE515672 5543 Colt M4 carbine LE515678 5544 Colt M4 carbine LE516585 5545 Colt M4 carbine LE516603 5546 Colt M4 carbine LE516620 5547 Colt M4 carbine LE516627 5548 Colt M4 carbine LE516638 5549 Colt M4 carbine LE516639 5550 Colt M4 carbine LE516640 5551 Colt M4 carbine LE516644 5552 Colt M4 carbine LE516656 5553 Colt M4 carbine LE516660 5554 Colt M4 carbine LE516666 5555 Colt M4 carbine LE516646 5601 The rifles have reached the end of their useful life. The intent is to trade these firearms to a licensed dealer in exchange for credit. This credit will be used to purchase updated and modern rifles and accessories for issuance. Page 1 of 2 9 PORT ORCHARD POLICE DEPARTMENT SERVICE • HONOR • INTEGRITY The police department would like to surplus the following Tasers: Make Model Serial Number Asset Ta Taser X2 X290061VR 5408 Taser X2 X290061N 7 5409 Taser X2 X290061PM 5410 Taser X2 290OCTED 5411 Taser X2 X2900CTM5 5412 Taser X2 X290061TW 5562 Taser X2 X290061K3 5563 Taser X2 X290061TH 5564 Taser X2 X290061TY 5565 Taser X2 X290061PK 5566 Taser X2 X290061K1 5567 Taser X2 X290061M5 5568 Taser X2 X290061TF 5570 Taser X2 X290061RW 5571 Taser X2 X290061P2 5572 Taser X2 X290061N1 5573 Taser X2 X290061RF 5574 Taser X2 X290061TV 5575 Taser X2 X290061TN 5576 Taser X2 X290061T6 5577 Taser X2 X290061TC 5578 Taser X2 X290061TX 5579 Taser X2 X290061T4 5580 The Tasers have reached the end of their useful life; the firmware is no longer supported, and the department currently deploys more modern technology under contract with Axon. The Tasers will be destroyed. Page 2 of 2 10 DqM City of Port Orchard ORCHARD216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda: Adoption of a Resolution Authorizing the Purchase of a Public Works Admin Vehicle (Crocker) Meeting Date: September 10, 2024 Prepared By: Noah Crocker, Finance Director, M.B.A. Summary and Background: The Public Works Department has identified new equipment necessary for continued operations in 2024. The City continues to move forward in reducing its carbon footprint through the use of electric vehicles. Consistent with that policy, the Public Works Department requested the addition of a Ford Mach-E SUV AWD. The City is a member of Washington State Department of Enterprise Services (DES) purchasing cooperative (via City Contract No. C057-13) which allows the City to utilize contracts procured by DES for services and purchases, so long as the City confirms the contract complies with all applicable statutory procurement requirements for the purchase or service, per RCW 39.34.030. Consistent with City Contract No. C057-13 and the City's Procurement Procedures Policies, adopted as Resolution No. 073-23, as amended, the City's Public Works Department identified Bud Clary Ford/Hyundai (the" Vendor"), as an authorized Ford dealer and as an approved vendor for the Vehicle, awarded via DES Contract No. 05916 ("DES Contract"). Staff requested a quote from the vendor, and on August 23, 2024, the City received a quote in the amount of $47,036.93 (applicable tax included). Staff confirmed the quote was consistent with the DES Contract pricing. Staff also confirmed the vehicle meets the City's fleet standardization policies. On August 28, 2024, the City Public Works Department completed the Interlocal Agreement Purchase Checklist for Ford vehicle. Staff reviewed the procurement process utilized by DES for the DES Contract and confirmed the applicable procurement requirements were met and obtained all necessary documentation from DES and the vendor regarding procurement. Further, Staff has identified additional expenses associated with the vehicles after delivery that are necessary to prepare the vehicles for service. These expenses include the purchase/installation of Amber lights, and City logo decals. These items are all estimated to cost $2,850.00 (applicable tax included). However, these items are not included in the DES Contract and staff will follow the City's Procurement Procedures Policies for the purchase of these items. This vehicle was not contemplated in the 2023-2024 Budget, a budget Amendment may be required. The City's Procurement Policies require City Council authorization for purchasing budgeted items that cost $35,000 or more. Relationship to Comprenhensive Plan: N/A Recommendation: Staff recommends approving a Resolution authorizing the purchase of a vehicle and associated expenses in accordance with the City's procurement policies, and fleet standardization policies. 11 Motion for Consideration: "I move to approve a Resolution authorizing the purchase of a vehicle and associated expenses from Bud Clary Ford/Hyundai." Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: Vehicle: $47,036.93(applicable tax included). If the vendor is able to deliver the vehicle prior to 9/27, the City may may qualify for a $2,500 rebate from the Ford Corporate office (however, this is not guaranteed). A budget Amendment may be required to fund this vehicle. Amber light and decals (not included in this approval but listed as a component cost of the vehicles, included here for transparency): $2,850.00 (GL Code: 500.10.594.35.60). Total Estimated Cost of vehicle and all related equipment/items including the rebate: $49,886.93 Alternatives: Do not approve and provide alternative guidance. Attachments: RESOLUTION-Vehicles(10921923.1).doc ERR Pchs&RequestFor & Quote-PW Admin addition Mach-E.pdf Mach E-Interlocal-GPO Agreement (piggyback)Checklist- CA approved.docx li YJ RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF A FORD VEHICLE FROM THE EQUIPMENT RENTAL REVOLVING FUND 500 AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the Public Works Department has identified new equipment in the form of additional vehicles necessary for continued operations in 2024; and WHEREAS, the City is a member of Washington State Department of Enterprise Services (DES), and thus is positioned to utilize contracts for purchases and services procured by WA DES, consistent with RCW 39.34.030; and WHEREAS, consistent with City Contract No. C057-13 and the City's Procurement Procedures Policies, adopted as Resolution No. 073-23, as amended, the City's Public Works Department identified Bud Clary Ford/Hyundai (Vendor) as an authorized Ford dealer and an approved vendor for the desired vehicles through DES Contract No. 05916 (DES Contract); and WHEREAS, staff reviewed the procurement process utilized by DES for the DES Contract, confirmed the statutory procurement requirements were met, and obtained all necessary documentation from DES and the Vendor regarding procurement; and WHEREAS, Public Works staff requested quotes and on August 23, 2024, received quotes from Bud Clary Ford/Hyundai totaling of $47,036.93 (applicable tax included); and WHEREAS, on August 28, 2024, the City's Public Works Department completed the Interlocal Agreement Purchase Checklist for the selected Vendor and confirmed the quote was consistent with the DES Contract; and WHEREAS, the City's Procurement Policies require City Council authorization for purchasing budgeted items that cost $35,000 or more and for unbudgeted purchases; and WHEREAS, the Bud Clary Ford/Hyundai quotes, attached as Exhibit A, are for the purchase of ER&R Equipment in an amount that exceeds the $35,000 authorization limit; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their selection/procurement process as described herein for this purchase by Resolution; Now, Therefore, 13 Resolution No. Page 2 of 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves the purchase of a Ford Vehicle from Bud Clary Ford/Hyundai in the amount of $47,036.93 (applicable tax included). The Mayor or his designee is authorized to take all actions necessary to effectuate the purchase consistent with this authorization. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 10th day of September 2024. Robert Putaansuu, Mayor ATTEST: City Clerk, Brandy Wallace, MMC 10921923.1 - 366922 - 0001 14 n ORCHARD Equipment Rental & Revolving Fund Purchase Request Form RCW 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Description of item. PW Admin - 2023 Ford Mach-E SUV AWD Procurement method: Washington DES Department Water Sewer Storm Street Public Works DCD Police Admin Addition or Replacement ✓ Addition to Fleet Replacement Vehicle / Equipment being replaced: Fleet Standardization ✓ Requested Vehicle / Equipment follows fleet standardization Requested Vehicle / Equipment DOES NOT follow Standardization. List items that are not fleet standard and reason for addition. Requested Vehicle / Equipment does not have a standard Cost $ 47,036.93 Fleet standard cost plus 8.4% WSST $2950 Additional cost (including WSST) Decals $250, Amber Lighting w / install $2600 TOTAL $49,886.93 15 STANDARDS FOR VEHICLES Police Department Standard Vehicle Model Chassis Drive Train Color Graphics Accessories Ford Sedans Automatic Black City Decal Lights SUV 2WD Vehicle Number Radios 4WD Antennas AWD Public Works and Planning Standard Truck Model Chassis Cab Size Drive Train Color Graphics Accessories Lights Ford 1/2 Ton Regular Automatic White City Logo 3/4Ton Extended 2WD Truck Number Radios 1 Ton Crew Cab 4WD Antennas Tool Boxes Administration and Planning Standard Vehicle Type Chassis Drive Train Color Graphics Accessories Electric Sedans Automatic White City Logo Lights Biofuel SUV 2WD Vehicle Number Radios 4WD Antennas AWD Reviewed by Mechanic: Name Date (2 I 2- I haKCTeyiewed the cles / equipment listed above and request approval for purchase. l"1a-Y Department Directov Date Approved for purchase by: C13 R Represe ative Date 16 Organization Purchase Request Details Organization Information Contract #: 05916 - Motor Vehicles Status: Submitted To Dealer Organization: 21802 - PORT ORCHARD, CITY OF - 21802 Order Contact: Chris Esguerra Contact Phone: (360)900-8095 Contact Email: cesguerra@portorchardwa.gov Dealer: Bud Clary Ford/Hyundai - W403 Dealer Address: Contract Automobile Request System (CARS) Return to Org Re uq ests Quote #: 2024-8-392 Submit Date: 08-23-2024 Order Date: Expected Delivery Date: Delivery Date: Cancel Date: Organization Reference #: Organization PO #: Dealer Contact: Marie Tellinghiusen Dealer Phone: (360) 423-4321 Ext: 10945 Dealer Email: ford.orders@budclary.com Internal Notes: Please submit purchase request. Dealer will update to add model year discount. Comments To Dealer: Dealer discounts and updated price needed for quote Dealer Reference #: 24-0874 u390 STK Dealer Comments: Please send a copy of your PO. 08/23/24 Revised to add info block, model year credit. Color Options Color Name Quantity Space White Metallic (A3) 1 Tax Exempt: N Vehicle Options Order Code Order Code Description Qty Unit Price Ext. Price 2023-0306-001 2023 Ford Mach-E SUV, Battery Electric (BEV) - 2023.5MY Built after 06/26/23 1 $46,532.00 $46,532.00 2023-0306-003 INFORMATION ONLY. Bud Clary Ford offers a $300 prompt payment discount if payment is remitted 1 $0.00 $0.00 within 20 days of vehicle delivery. 2023-0306-004 INFORMATION ONLY. Bud Clary Ford CARS Cancellation Fees: NO fee to cancel order if vehicle has not been scheduled for production and is able to be cancelled at factory. $500 cancellation fee if vehicle has been serialized and is locked in for production by manufacturer. $750 cancellation fee if vehicle has been 1 $0.00 $0.00 delivered to customer and must be picked up by dealer and re -stocked into inventory. Absolutely NO cancellation if customer has licensed/registered vehicle. Upfits/Equipment ordered for vans, trucks, chassis cabs and police/fire vehicles will have a 10-30% re -stocking fee; custom bodies cannot be cancelled. 2023-0306-005 INFORMATION ONLY (2023.5MY - Job #2 - Built after 06/26/23): EPA -Estimated Ratings: Standard Range Battery (RWD Select or Premium = 250 miles) (eAWD Select or Premium = 230 miles); Extended 1 $0.00 $0.00 Range Battery (RWD Premium = 310 miles) (eAWD CA Route 1 = 312 miles) (eAWD Premium = 290 miles) (eAWD GT = 270 Miles) (eA)VD GT Performance Edition = 260 miles) 2023-0306-010 2023.5MY (Job #2) Ford Mach-E SUV, Battery Electric (BEV), 5-Passenger SUV, SELECT Trim Level #100A, Rear -Wheel Drive (RWD), Standard Range, Primary Electric Motor (Rear) / 72kWh Usable Standard Range High -Voltage Battery, Single -Speed Transmission, 225/60RI8 All -Season (A/S) BSW 1 $0.00 $0.00 Tires, 18in carbonized gray -painted aluminum wheels (K1R/100A/994/44A/TTSJ) THIS IS THE BASE VFTTT(f F __ Plano rp,Aa Vphiolp Ctnminrd Cnpoc fnr ommnlpta dpemr ntinn DES Home I Contact Us I Help I Privacy Policy © Copyright © 2024 - Department of Enterprise Services 17 2023-0306-011 SELECT TRIM OPTION: All -Wheel Drive (AWD) (adds Secondary Electric Motor, Front) 1 $3,110.00 $3,110.00 (Kl S/100A/995/44A/TTSJ) 2023-0306-099 Delayed Warranty Start (Customer submits request at www.fordwsd.com) 1 $0.00 $0.00 2023-0306-203 Fire Extinguisher, 2.5# Chemical ABC Rated w/ Mounting Bracket (DLR) 1 $43.00 $43.00 2023-0306-204 Flare Kit, 3 Piece Triangle, for roadside emergency use (DLR) 1 $57.00 $57.00 2023-0306-250 Stock Vehicle Upcharge, Dealer stock vehicle with all contract required equipment, delivery 14 days (Call 1 $250.00 $250.00 dealer for availability) (DLR) 2023-0306-909 2023 model year discount - Kl S (must deliver by 09/27/24) (credit) 1 ($6,600.00) ($6,600.00) 2023-0306-910 INFORMATION ONLY. Ford is offering a $2,500 Customer Cash Program. This will be paid by check to 1 $0.00 $0.00 the customer directly from Ford. Must deliver by 09/27/24. imais Total Vehicles: Sub Total: $43,392.00 8.4 % Sales Tax: $3,644.93 Request Total: $47,036.93 DES Home I Contact Us I Help I Privacy Policy © Copyright © 2024 - Department of Enterprise Services 18 CITY OF PORT ORCHARD PURCHASES THROUGH INTERLOCAL AGREEMENTS City Contract No.:C057-13 Interlocal Agreement with the Host Agency (government agency or Purchasing Co -Op name): DES Item Description 2023 Ford Mach-E SUV AWD Do you have an Interlocal agreement signed with the Contract (host) Agency? lea If yes, where is it filed: _City Clerk ❑ If no, get a mutually signed Agreement in place before you continue. State OSP Contract No.#: 05916 If you have an Office of State Procurement (OSP) contract number you may skip the remainder of this test because the OSP contracts comply with remaining requirements and retain the documentation on hand for SAO to review in the OSP offices. Is this a technology contract? ❑ If yes, do your own rules allow for technology contracts to be negotiated? ❑ If your own rules allow for negotiated IT contracts, you can skip this test. Is this a services contract? ❑ If yes, do your own rules allow services to be negotiated? ❑ If your own rules allow for negotiated services, you can skip the remainder of the test. Are you using this as only one of multiple quotes, for a small purchase? ❑ If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules. Checklist for Required Compliance Is the Host agency a public agency'? ❑ Yes ❑ No If Yes, what state laws apply to Host Agency: Does the host agency have a requirement ❑ Yes ❑ No Federal and State contract rules usually don't to run a newspaper ad in their local paper require a newspaper ad. For others, attach the and did they comply ad or place into the file Did they list on the public agency's ❑ Yes ❑ No If Yes, state when and the address, and proof website? of date, address shall be attached or placed into the file. If No, you cannot use the bid. Did the bid & award comply with the ❑ Yes ❑ No If Yes, obtain documentation to support answer Host agency's state procurement laws? from Host Agency. If No, you cannot use the bid. 1 RCW 39.34.020 (1), "public agency" means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another state 19 DqM City of Port Orchard ORCHARD216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda: Adoption of a Resolution Authorizing the Purchase of a Community Development Department Vehicle (Bond) Meeting Date: September 10, 2024 Prepared By: Nick Bond, Community Development Director, AICP Summary and Background: The City Department of Community Development has 5 employees who require the use of a city vehicle daily. Currently, these 5 employees are share 4 vehicles. In addition, other staff in DCD require occasional use of city vehicles and frequently there is no vehicle available for use. The DCD has proposed the purchase of an additional vehicle for use by department staff. In accordance with City policies, a white electric vehicle, a Ford Mach-E SUV AWD has been selected for purchase. The City is a member of Washington State Department of Enterprise Services (DES) purchasing cooperative (via City Contract No. C057-13) which allows the City to utilize contracts procured by DES for services and purchases, so long as the City confirms the contract complies with all applicable statutory procurement requirements for the purchase or service, per RCW 39.34.030. Consistent with City Contract No. C057-13 and the City's Procurement Procedures Policies, adopted as Resolution No. 073-23, as amended, the City's DCD identified Bud Clary Ford/Hyundai (the" Vendor"), as an authorized Ford dealer and as an approved vendor for the Vehicle, awarded via DES Contract No. 05916 ("DES Contract"). Staff requested a quote from the vendor, and on August 30, 2024, the City received a quote in the amount of $47,036.93 (applicable tax included). Staff confirmed the quote was consistent with the DES Contract pricing. Staff also confirmed the vehicle meets the City's fleet standardization policies. On August 28, 2024, the City DCD completed the Interlocal Agreement Purchase Checklist for Ford vehicle. Staff reviewed the procurement process utilized by DES for the DES Contract and confirmed the applicable procurement requirements were met and obtained all necessary documentation from DES and the vendor regarding procurement. Further, Staff has identified additional expenses associated with the vehicles after delivery that are necessary to prepare the vehicles for service. These expenses include City logo decals. These items are all estimated to cost $250 (applicable tax included). However, these items are not included in the DES Contract and staff will follow the City's Procurement Procedures Policies for the purchase of these items. This vehicle was not contemplated in the 2023-2024 Budget, a budget Amendment may be required. The City's Procurement Policies require City Council authorization for purchasing budgeted items that cost $35,000 or more. 20 Relationship to Comprenhensive Plan: The purchase of an EV is consistent with the City's Greenhouse Gas Emissions Policies found in the Comprehensive Plan as required through the Puget Sound Regional Council and Kitsap Regional Coordinating Council. Recommendation: N/A Motion for Consideration: I move to approve a Resolution authorizing the purchase of a vehicle from Bud Clary Ford/Hyundai in the amount of $47,036.93. Has item been presented to Committee/Work Study? If so, which one: N/A Fiscal Impact: This is an additional vehicle being added to the fleet through the ER&R fund. Alternatives: N/A Attachments: RESOLUTION DCD Purchase -Vehicles.doc Exhibit A Organization Purchase Request Details.pdf ERR 1670_001.pdf 21 RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF A FORD VEHICLE FROM THE EQUIPMENT RENTAL REVOLVING FUND 500 AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the Department of Community Development has identified new equipment in the form of additional vehicles necessary for continued operations in 2024; and WHEREAS, the City is a member of Washington State Department of Enterprise Services (DES), and thus is positioned to utilize contracts for purchases and services procured by WA DES, consistent with RCW 39.34.030; and WHEREAS, consistent with City Contract No. C057-13 and the City's Procurement Procedures Policies, adopted as Resolution No. 073-23, as amended, the City's Department of Community Development identified Bud Clary Ford/Hyundai (Vendor) as an authorized Ford dealer and an approved vendor for the desired vehicles through DES Contract No. 05916 (DES Contract); and WHEREAS, staff reviewed the procurement process utilized by DES for the DES Contract, confirmed the statutory procurement requirements were met, and obtained all necessary documentation from DES and the Vendor regarding procurement; and WHEREAS, Department of Community Development staff requested quotes and on August 23, 2024, received quotes from Bud Clary Ford/Hyundai totaling of $47,036.93 (applicable tax included); and WHEREAS, on August 30, 2024, the City's Department of Community Development completed the Interlocal Agreement Purchase Checklist for the selected Vendor and confirmed the quote was consistent with the DES Contract; and WHEREAS, the City's Procurement Policies require City Council authorization for purchasing budgeted items that cost $35,000 or more and for unbudgeted purchases; and WHEREAS, the Bud Clary Ford/Hyundai quotes, attached as Exhibit A, are for the purchase of ER&R Equipment in an amount that exceeds the $35,000 authorization limit; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their selection/procurement process as described herein for this purchase by Resolution; Now, Therefore, 22 Resolution No. Page 2 of 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves the purchase of a Ford Vehicle from Bud Clary Ford/Hyundai in the amount of $47,036.93 (applicable tax included). The Mayor or his designee is authorized to take all actions necessary to effectuate the purchase consistent with this authorization. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 10th day of September 2024. Robert Putaansuu, Mayor ATTEST: City Clerk, Brandy Wallace, MMC 10921923.1 - 366922 - 0001 23 9/3/24, 3:30 PM Organization Purchase Request Details Contract Automobile Request System (CARS Organization Purchase Request Details Organization Information Contract #: 05916 - Motor Vehicles Status: Submitted To Dealer Organization: 21802 - PORT ORCHARD, CITY OF - 21802 Order Contact: Nick Bond Contact Phone: 360-876-7049 Contact Email: nbond@portorchardwa.gov Return to Org Requests Quote #: 2024-8-533 Submit Date: 08-30-2024 Order Date: Expected Delivery Date: Delivery Date: Cancel Date: Organization Reference Dealer: Bud Clary Ford/Hyundai - W403 Organization PO #: Dealer Address: Dealer Contact: Marie Tellinghiusen Dealer Phone: (360) 423-4321 Ext: 10945 Dealer Email: ford.orders@budclary.com Internal Notes: Please submit purchase request. Dealer will add option for discount Comments To Dealer: Dealer Reference 24-0903 U000 stk Dealer Please send a copy of your PO. 09/03/24 Revised to add # 910 INFORMATION ONLY, add #911 2023MY Comments: Job #1 Discount ($6,860.00) Color Options Color Name Quantity Space White Metallic (A3) 1 Tax Exempt: N Vehicle Options Order Code Order Code Description Qty Unit Price Ext. Price 2023-0306-001 2023 Ford Mach-E SUV, Battery Electric (BEV) - 2023.5MY Built after 1 $46,532.00 $46,532.00 06/26/23 2023-0306-003 INFORMATION ONLY: Bud Clary Ford offers a $300 prompt payment 1 $0.00 $0.00 discount if payment is remitted within 20 days of vehicle delivery. 2023-0306-004 INFORMATION ONLY: Bud Clary Ford CARS Cancellation Fees: NO fee to I 1 $0.00 DES Home I Contact Us I Help I Privacy Policy https://apps.des.wa.gov/CARS/OrgRequestDetail.aspx?id=348959 © Copyright © 2024 - Department of Enterprise Services 124 9/3/24, 3:30 PM Organization Purchase Request Details cancelled at factory. $500 cancellation fee if vehicle has been serialized and is locked in for production by manufacturer. $750 cancellation fee if vehicle has been delivered to customer and must be picked up by dealer and re -stocked into inventory. Absolutely NO cancellation if customer has licensed/registered vehicle. Upfits/Equipment ordered for vans, trucks, chassis cabs and police/fire vehicles will have a 10-30% re -stocking fee; custom bodies cannot be cancelled. 2023-0306-007 INFORMATION ONLY (NEW JOB #2 - Built after 06/26/23): 23.5MY mid - model year changes: Standard Range Battery increases to 72kWh usable capacity. Upgraded Ford B1ueCruise 1.2 option. Added Select Trim Comfort Package. Mobile Power Charging Cord is optional (has been included in Base 1 $0.00 $0.00 Vehicle, but can be deleted for credit). Added Ford Recommended options if ordering for Police Use (GT Performance Edition, 99V Tires and Body Color Steel Roof). 2023-0306-010 2023.5MY (Job #2) Ford Mach-E SUV, Battery Electric (BEV), 5-Passenger SUV, SELECT Trim Level #100A, Rear -Wheel Drive (RWD), Standard Range, Primary Electric Motor (Rear) / 72kWh Usable Standard Range High -Voltage Battery, Single -Speed Transmission, 225/60R18 All -Season (A/S) BSW Tires, 1 $0.00 $0.00 18in carbonized gray -painted aluminum wheels (K1R/100A/994/44A/TTSJ) THIS IS THE BASE VEHICLE -- Please review Vehicle Standard Specs for complete description. 2023-0306-011 SELECT TRIM OPTION: All -Wheel Drive (AWD) (adds Secondary Electric 1 $3,110.00 $3,110.00 Motor, Front) (KIS/ 100A/995/44A/TTSJ) 2023-0306-013 SELECT TRIM OPTION: Interior Protection Package (cargo area protector, 1 $260.00 $260.00 front/rear floor liners) (deletes front and rear carpeted floor mats) (17P) 2023-0306-099 Delayed Warranty Start (Customer submits request at www.fordwsd.com) 1 $0.00 $0.00 2023-0306-203 Fire Extinguisher, 2.5# Chemical ABC Rated w/ Mounting Bracket (DLR) 1 $43.00 $43.00 2023-0306-204 Flare Kit, 3 Piece Triangle, for roadside emergency use (DLR) 1 $57.00 $57.00 2023-0306-250 Stock Vehicle Upcharge, Dealer stock vehicle with all contract required 1 $250.00 $250.00 equipment, delivery 14 days (Call dealer for availability) (DLR) 2023-0306-910 INFORMATION ONLY. Ford is offering a $2,500 Customer Cash Program. This will be paid by check to the customer directly from Ford. Must deliver by 1 $0.00 $0.00 09/27/24. 2023-0306-911 2023W Job #1 Discount (Does not include standard Job #2 items: Standard Range Battery increases to 72kWh usable capacity. Upgraded Ford B1ueCruise 1 ($6,860.00) ($6,860.00) 1.2 option. Added Select Trim Comfort Package) (credit) Request Totals Total Vehicles: Sub Total: $43,392.00 8.4 % Sales Tax: $3,644.93 Request Total: $47,036.93 DES Home I Contact Us I Help I Privacy Policy © Copyright © 2024 - Department of Enterprise Services https://apps.des.wa.gov/CARS/OrgRequestDetail.aspx?id=348959 2,25 Re QPCIq Equipment Rental & Revolving Fund Purchase Request Form RCW 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Description of item: DCD Admin, Inspection, and Code Enforcement Vehicle — 2023 Mach-E SUV AWD Procurement method: Washington DES Department Water Sewer Storm Street Public Works DCD Police Admin X Addition or Replacement X Addition to Fleet Replacement Vehicle / Equipment being replaced: Fleet Standardization X Requested Vehicle / Equipment follows fleet standardization Requested Vehicle / Equipment DOES NOT follow Standardization. List items that are not fleet standard and reason for addition. Requested Vehicle / Equipment does not have a standard Cost $47,036.93 Fleet standard cost Decals $250 Additional cost for consideration TOTAL $250 $47,286.93 26 STANDARDS FOR VEHICLES Police De artYnent Standard Vehicle Model Chassis Drive Train Color Graphics Accessories Ford Sedans Automatic Black City Decal Vehicle Number Lights SUV 2WD Radios 4WD Antennas AWD Public Works and Planning Standard Truck Model Chassis Cab Size Drive Train Color Graphics Accessories Ford 1/2 Ton Regular Automatic White City Logo Lights 3/4 Ton Extended 2WD Truck Number Radios 1 Ton Crew Cab 4WD Antennas Tool Boxes Administration and Planning Standard Vehicle Type Chassis Drive Train Color Graphics Accessories Electric Sedans Automatic White City Logo Lights Vehicle Number Radios Biofuel SUV 2WD 4WD Antennas AWD Reviewed by Mechanic: Name .:ZL� Date 91qhq I have reviewed the vehicles / equipment listed above and request approval for purchase. /l%!e 15drt6_11 9/3/24 Department Director Date Approved for purchase by: _Gretchen Isaksson 9/3/24 ER&R Representative Date NFA DqMORCHARP Meeting Location: Council Chambers 216 Prospect street Port Orchard, WA 98366 City Council Minutes Contact us: Phone (360) 876-4407 cityhall@portorchardwa.gov www.portorchardwa.gov Regular Meeting of Tuesday, July 23, 2024 Roll Call was taken by the City Clerk as follows: Present: Scott Diener, Councilmember, Position No. 3 Jay Rosapepe, Councilmember, Position No. 2 Heidi Fenton, Councilmember, Position No. 5 Eric Worden, Councilmember, Position No. 4 Mark Trenary, Councilmember, Position No. 1 Fred Chang, Mayor Pro-Tempore, Position No. 6 John Morrissey, Councilmember, Position At -Large Robert Putaansuu, Mayor Absent: Staff present via Zoom: Public Works Director Ryan, Community Development Director Bond, Police Chief Brown, HR Manager Lund, City Attorney Archer and City Clerk Wallace. The meeting streamed live on YouTube. 1. CALL TO ORDER PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA Moved by John Morrissey; seconded by Jay Rosapepe to Approve the agenda as presented. Motion Carried: 7 - 0 Voting For: Mark Trenary, Fred Chang, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None Minutes of July 23, 2024 28 3. CITIZEN COMMENTS There were no citizen comments. 4. CONSENT AGENDA Moved by John Morrissey; seconded by Mark Trenary to Approve the Consent Agenda as presented. Motion Carried: 7 - 0 Voting For: Mark Trenary, Fred Chang, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None A. Approval of Vouchers and Electronic Payments Approval of Voucher Nos. 87926 through 87948 and 87956 through 87971 including bank drafts in the amount of $322,696.84 and EFT's in the amount of $356,387.46 totaling $679,084.30. B. Approval of Payroll and Direct Deposits Approval of Payroll Check Nos. 87949 through 87955 including bank drafts and EFT's in the amount of $283,279.21 and Direct Deposits in the amount of $288,860.27 totaling $572,139.48. C. Approval of a Lease Agreement with Special Olympics Washington, South Kitsap Flag Football Program for Use of a Portion of Van Zee Park D. Approval of an Amendment No. 1 to Contract No. 017-23 with Systems for Public Safety, Inc., for the Upfitting of Emergency Vehicles E. Approval of the June 25, 2024, City Council Meeting Minutes 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING There were no public hearings. 7. EXECUTIVE SESSION At 6:48 p.m., Mayor Putaansuu recessed the meeting for a 10-minute executive session pursuant to RCW 42.30.110(1)(g) regarding performance of a public employee. City Attorney Archer and HR Manager Lund was invited to attend. At 6:58 p.m., Mayor Putaansuu extended for an additional 10-minutes. At 7:08 p.m., Mayor Putaansuu reconvened the meeting back into session. 8. BUSINESS ITEMS A. Adoption of a Resolution Granting Final Plat Approval for McCormick West Division 13 Minutes of July 23, 2024 2 29 Moved by Scott Diener; seconded by Jay Rosapepe to Adopt a resolution, as presented, granting final plat approval for McCormick West, Division 13. Motion Carried: 7- 0 Voting For: Mark Trenary, Fred Chang, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None B. Approval of an Employment Contract for the Chief of Police Moved by Mark Trenary; seconded by Jay Rosapepe to Authorize the Mayor to sign a contract with Matt Brown for continuing service as the Chief of Police. Motion Carried: 7- 0 Voting For: Mark Trenary, Fred Chang, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None 9. DISCUSSION ITEMS There were no discussion items. 10. REPORTS OF COUNCIL COMMITTEES Councilmember Morrissey reported on the July 16th Finance Committee meeting. Councilmember Rosapepe reported on the July 17th Land Use Committee meeting. 11. REPORT OF MAYOR The Mayor reported on the following: . Event for former Councilmember John Clauson. • Received an Outstanding Wastewater Treatment Award for the sewer treatment plant. 12. REPORT OF DEPARTMENT HEADS Police Chief Brown reported on recruitment and staffing and thanked Council for their support. Community Development Director Bond reported on an upcoming Open House for the Bethel Subarea Planning efforts, Community Development department booth at the Farmer's Market regarding the comprehensive plan and outreach, a master planning process for the stormwater park at the end of Sherman Avenue, and multi family tax exemption for Pottery Creek Phase II Apartment project. HR Director Lund reported on recruitment activity volumes. City Attorney Archer reported on the Grants Pass decision and regulating recreational vehicle parking when it is utilized for inhabitation. A brief discussion was held regarding attendance at the upcoming Coffee with Council events. Minutes of July 23, 2024 3 30 13. CITIZEN COMMENTS There were no citizen comments. 14. GOOD OF THE ORDER No Good of the Order was held. 15. EXECUTIVE SESSION Executive session was held earlier. 16. ADJOURNMENT The meeting adjourned at 7:48 p.m. No other action was taken. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Minutes of July 23, 2024 I 31 0�4 City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Adoption of a Resolution Authorizing the Purchase of a Generator for the Melcher Pump Station Rehabilitation Project (Ryan) Meeting Date: September 10, 2024 Prepared By: Denis Ryan, Public Works Director, CPWP-M, CPRP Summary and Background: The City has identified necessary improvements to the Melcher Pump Station, which is currently the only booster station between the City's 260 and 390 pressure zones and has passed its useful life and is in need of rehabilitation. Replacing the components of the pump station will extend the useful life of the pump station into the next 50 years. Accordingly, on October 12, 2021, the Port Orchard City Council accepted a Washington State Public Works Board (PWB) Traditional Fund Loan (C089-21/PWB No. PC22-96103-043) to fund the Melcher Pump Station Rehabilitation Project (the "Project"). One of the necessary upgrades included in the Project is the replacement of the generator to keep the facility operational in the event of a power outage. The generator must meet the design specifications for the Project and the City's Design Standards and Specifications for Construction. As part of the Project's development, the City's Public Works Department determined that a Cummins Generator would best serve the Melcher pump station due to necessary integration with existing space and components. Due to current supply chain issues, the approximate lead time to receive the generator is currently 37 weeks. Construction for this project is expected to be advertised this fall. To avoid delays during the construction of the Project, the generator needs to be purchased now, and the Project will include its installation. Note that the cost of the generator are part of the aggregate cost of the Project for purposes of compliance with RCW 35.23.352. The City has an interlocal agreement with purchasing cooperative Sourcewell (City Contract No. C075- 14), which allows the City to utilize the contracts procured by Sourcewell for services and purchases, so long as the City confirms the contract complies with all applicable statutory procurement requirements for the purchase or service, per RCW 39.34.030. Consistent with City Contract No. C075- 14 and the City's Procurement Procedures Policies, adopted as Resolution No. 072-23, as amended, Public Works staff identified Cummins Inc., as an approved vendor for the desired generator, awarded via Sourcewell Contract No. 092222-CMM (Sourcewell Contract). Staff reviewed the procurement process utilized by Sourcewell for the Sourcewell Contract, confirmed the procurement requirements were met and obtained all necessary documentation from Sourcewell and the vendor regarding procurement. On August 20, 2024, Public Works staff requested and received a quote from Cummins, Inc. of 32 $81,864.71, including shipping (plus applicable tax), for a purchase price of $89,478.13, On August 26, 2024, the City's Public Works Department completed the Interlocal Agreement Purchase Checklist for the selected vendor and confirmed the quote was consistent with the Sourcewell Contract. The City's Procurement Policies require City Council approval for purchases over $35,000 and for unbudgeted purchases. The proposed Resolution is to provide the City Council's approval of the equipment purchase in accordance with the procurement procedures established by the City Council. Relationship to Comprenhensive Plan: Chapter 7 - Utilities Recommendation: Staff recommends approving a Resolution, providing City Council approval for the purchase of a Cummins Generator in accordance with the City's procurement policies. Motion for Consideration: I move to approve a Resolution authorizing the purchase of a Cummins generator for the Melcher Pump Station. Has item been presented to Committee/Work Study? If so, which one: Utilities Fiscal Impact: The City received a Washington State Public Works Board Loan of $500,000 for the Melcher Pump Station Rehabilitation Project. The cost of this generator is included in this project. The project is budgeted in the 2023-2024 Budget (GL Code: 433.05.594.35.60) Alternatives: Do not approve and provide alternative guidance. Attachments: RESOLUTION-Melcher Pump Station-Sourcewell(10921869.1).doc Q-319238 Melcher Pump Station - Sourcewell1.pdf CumminsGenerator-Interlocal-GPO Agreement (piggyback)Checklist- CA approved.docx 33 RESOLUTION NO. -24 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF A GENERATOR AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the City received a Washington State Public Works Board Loan of $500,000 for the Melcher Pump Station Rehabilitation Project to improve the City's water facilities; and WHEREAS, the upgrades to this pump station trigger the need to replace a generator to keep the facility operational in the event of a power outage; and WHEREAS, Public Works staff determined that a Cummins generator fits the design specifications and meets the City's Design Standards and Specifications for Construction; and WHEREAS, the City has an interlocal agreement with purchasing cooperative Sourcewell (City Contract No. C075-14) which allows the City to utilize the contracts procured by Sourcewell for services and purchases, so long as the City confirms the contract complies with all applicable statutory procurement requirements for the purchase or service, per RCW 39.34.030; and WHEREAS; consistent with City Contract No. C075-14 and the City's Procurement Procedures Policies, adopted as Resolution No. 072-23, as amended, the City's Public Works Department identified Cummins Inc. as an authorized dealer and as an approved vendor for the desired generator, awarded via Sourcewell Contract No. 092222-CMM (Sourcewell Contract); and WHEREAS, Staff reviewed the procurement process utilized by Sourcewell for the Sourcewell Contract, confirmed the procurement requirements were met, and obtained all necessary documentation from Sourcewell and the vendor regarding procurement; and WHEREAS, on August 20, 2024, Public Works staff requested and received a quote for the generator from Cummins, Inc of $81,864.71 (plus applicable tax), for a purchase price of $89,478.13 plus shipping to be determined upon delivery; and WHEREAS, on August 28, 2024, the City's Public Works Department completed the Interlocal Agreement Purchase Checklist for the selected vendor and confirmed the quote was consistent with the Sourcewell Contract; and WHEREAS, the City's Procurement Policies require City Council authorization for purchasing budgeted items that cost $35,000 or more, and for unbudgeted purchases; and WHEREAS, the Cummins, Inc. quote, attached as Exhibit A, is for the purchase of Equipment in an amount that exceeds the $35,000 authorization limit; and 10921869.1 - 366922 - 0001 34 Resolution No. -23 Page 2 of 2 WHEREAS, the cost of the generator shall be considered as part of the aggregate cost of the Project for purposes of compliance with RCW 35.23.352; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their selection/procurement process as described herein for this purchase by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves the purchase from Cummins, Inc. in the amount of $89,478.13 (applicable tax included). The Mayor or his designee is authorized to take all actions necessary to effectuate the purchase, consistent with this authorization. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this loth day of September, 2024. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk 10921869.1 - 366922 - 0001 35 Sales and Service Project: Melcher Pump Station - Sourcewell Quotation: Q-319238-20240823-0923 August 23, 2024 Prepared by Will Jameson 971-291-2228 Ig883@cummins.com We are pleased to provide you this quotation based on your inquiry. Deliver to: 1145 Sidney Ave, Port Orchard WA 98366 Item Description Qty 1 Sourcewell Pricing per Contract # 092222-CMM 1 2 DSHAD, Commercial Diesel Generator Set, 230kW Standby 60Hz (No Enclosure) 1 U.S. EPA, Stationary Emergency Application 230DSHAD, Diesel Genset, 60Hz, 230kW Duty Rating - Standby Power (ESP) Emission Certification, EPA, Tier 3, NSPS Cl Stationary Emergency Listing - UL 2200 Cert - Seismic, IBC2000, IBC2003, IBC2006, IBC2009, IBC2011 Exciter/Regulator - Permanent Magnet Generator, 3 Phase Sensor Voltage - 277/480, 3 Phase, Wye, 4 Wire Alternator - 60Hz, 12 Lead, Limited Range, 125/105C Enclosure - None Skidbase - Housing Ready PowerCommand 2.3 Controller Analog Meters - AC Output Relays - Genset Status, User Configured Alarm -Audible, Engine Shutdown Signals -Auxiliary, 8 Inputs/8 Outputs Control Display Language - English Circuit Breaker or Entrance Box or Terminal Box - Left Only Circuit Breaker - 400A, Left, 3P, 600/690V, SS RMS, 80%, UL/IEC Circuit Breaker or Entrance Box or Terminal Box, Right - None Bottom Entry, Left Engine Governor - Electronic, Isochronous Exhaust Connector - NPT Engine Cooling - Radiator, High Ambient Air Temperature, Ship Fitted Shutdown - Low Coolant Level Extension - Coolant Drain Quotation: Q-319238-20240823-0923 Page 1 of 11 36 Sales and Service Project: Melcher Pump Station - Sourcewell Quotation: Q-319238-20240823-0923 Duct Adaptor - Radiator Outlet Coolant Heater - 240V, Single Phase Test Record - Strip Chart Cummins Certified Test Record Standby 5 Year 2500 Hour Parts+Labor+Travel Packing - Skid, Poly Bag Battery Rack Extension - Oil Drain 3 (Ship Loose) Battery Charger-10Amp, 120/208/240VAC, 12/24V, 50/60Hz 1 4 (Ship Loose) ProtoAir A059J208 1 5 (Ship Loose) Muffler, Critical -Side Inlet, End Outlet, 10.0"ASA Flange 1 6 (Ship Loose) Exhaust Pipe Package -Side Inlet, 4.0"NPT to 5.0"ASA 1 7 (Ship Loose) Remote E-stop 1 8 (Ship Loose) 400A Circuit Breaker with Ground Fault Indication 1 9 Cummins Tech Onsite to Assist Contractor with Fuel Tank Install (1 Day) 1 10 (Ship Loose) Fuel Tank -Dual Wall, Sub Base, 526 Gallon, IBC (25hrs) 1 11 (Ship Loose) Fuel System Kit -Spill Fill Box 5.3 Gallon, Padlockable 1 12 (Ship Loose) Valve -Overfill Prevention, 6.18" Down Tube 1 13 (Ship Loose) Fuel Switch -High, 4.1" 1 14 (Ship Loose) Fuel Tank Kit -Fuel Gauge Sender, Float Assembly, 13.6" 1 15 OTECC, OTEC Transfer Switch -Electronic Control: 400A 1 OTEC400, Transfer Switch, PowerCommand, 400 Amp Listing - UL 1008/CSA Certification IBC Seismic Certification Application - Utility to Genset Cabinet - Type 4 Poles - 4 (Switched Neutral) Frequency - 60 Hz System - 3 Phase, 3 or 4 Wire Voltage - 480 Volts AC Genset Starting Battery - 12V DC PC40 Control Aux Relay - Emergency Position -12 Volts DC Aux Relay - Normal Position - 12 Volts DC Interface - Communications Network, MODBUS RTU Module Quotation: Q-319238-20240823-0923 Page 2 of 11 37 Sales and Service Project: Melcher Pump Station - Sourcewell Quotation: Q-319238-20240823-0923 Relay - Elevator Signal Transfer Switch Warranty - 5 Year Comprehensive 16 Factory direct delivery, off-loading by others. No additional storage, handling or rerouting included. 1 17 NFPA110 Startup, Install Batteries, Training During Startup Visit, 2 Day. 1 18 BATTERY GROUP 34: C34-HC 2 19 1-Year Preventive Maintenance Agreement 1 Quote value does not include any tax. QUOTE TOTAL: $ 81,864.71 81,864.71 7,613.42 wsst 9.3% EXCEPTIONS AND CLARIFICATIONS: 89,478.13 E-501 Per Customer MTS & Portable Gen Connection Box provided by contractor. Shipping TBD M-201 Exhaust piping and hangers provided and installed by others. 2.04 Exception fuel tank vents provided and installed by others. 2.09 Generator is seismically factory certified with integral vibration isolators, external isolators or pads are not needed or provided. COVID 19 SUPPLEMENTAL STATEMENT AS A RESULT OF THE OUTBREAK OF THE DISEASE COVID-19 ARISING FROM THE NOVEL CORONAVIRUS, TEMPORARY DELAYS IN DELIVERY, LABOUR OR SERVICES FROM CUMMINS AND ITS SUB -SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS' DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB -SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOUR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. INTERNATIONAL BUILDING CODE (IBC) CERTIFICATION The products in this quotation identified as meeting the requirements of the 2009 IBC have been certified by their respective manufactures via a combination of analytical testing and shaker table testing. Not all products have been shaker table tested. OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT (OSHPD) OSHPD seismic requirements are continuing to evolve. Please contact Cummins for the most current requirements for meeting OSHPD applications. SELECTIVE COORDINATION FOR NATIONAL ELECTRIC CODE (NEC) ARTICLE 700 AND 701 LOADS Cummins generators are equipped with the manufacturer's recommended circuit breaker. Information regarding this device can be supplied upon request. This quotation is not valid if any changes to this circuit breaker(s) is required to coordinate with other devices in the electrical distribution system. If changes are required, the customer must provide a copy of the coordination study listing the manufacturers part number of the disconnect device to be supplied with the generator and a revised quotation will be issued. TRANSFER SWITCH WITHSTAND AND CLOSE RATINGS Transfer switch(es), if included in this quotation, require a withstand and closing rating (WCR) capable of meeting the available upstream fault current (kAIC). The WCR may be based on a specific breaker rating or a time -based rating, and it is the responsibility of a qualified facility designer or engineer to verify compatibility. In the event that the proposed transfer switch(es) are not compatible, the transfer switch(es) will need to be re -quoted to ensure compatibility. A full listing of the WCR can be provided upon request and will be included as part of the submittal package. CUMMINS STANDARD EXCLUSIONS Exhaust System All off -engine piping, hangers, flanges, gaskets, bolts, insulation, other materials and labor to install. Fuel System All fuel piping and materials not limited to; supply, return, venting, valves, coolers, filters, pumps, fittings, primary fuel regulator, storage tank & senders, external to genset package. All fuel for testing and initial fill. Fuel tank vent extensions and flame arrestors unless specifically listed in the Bill of Materials. Cooling System Quotation: Q-319238-20240823-0923 Page 3 of 11 38 Sales and Service Project: Melcher Pump Station - Sourcewell Quotation: Q-319238-20240823-0923 Intake louvers, exhaust louvers, air dampers, sheet metal ducting, flex adapters, sound attenuators/baffles. All off engine piping, flexible connections, labor and coolant for remote cooling systems. Electrical All off -engine wiring, field terminations of wiring, and lugs other than those detailed in our submittal. Mounting Mounting bolts and anchors. Vibration isolators (if included) may be shipped loose for installation at the jobsite by others. Seismic engineering calculations. Electrical Testing Not limited to International Electrical Testing Association (NETA), infrared scanning, harmonic content or other independent agency testing of switchgear, switchboards, protective relays, circuit breaker, electrical coordination studies, arc flash studies and reactive load site testing. Environmental Testing Environmental Protection Agency (EPA), local air quality district or other Authority Having Jurisdiction (AHJ), including acoustical. Programming All protective relay settings, breaker settings, PLC programming or other user configurable device programming. Documentation Electronic submittals and operation and maintenance manuals will be provided. Printed copies are available upon request, additional charges may apply. Miscellaneous Site specific labeling. Exhaust backpressure, airflow restriction or vibration analysis Design Cummins is not responsible for system design or engineering and does not guarantee system performance standards. Cummins will supply documentation and reasonable assistance to others responsible for system engineering, design and performance. Taxes and Permit Any applicable sales tax, permits, fees, licenses. Bonds Any bid bond, payment or performance bond or other type of bond. All items listed above are excluded and will only be supplied by Cummins if agreed upon, in writing, by a sales representative for Cummins. NOTES: Electrical drawing E-501 (Dated 2/16/2024) & spec section; 263213 reviewed for this proposal. All other specifications and drawings are excluded. LEAD TIME: Submittals: Typical submittal lead time is 2 - 3 weeks after receipt of purchase order. Equipment: Current lead-time is 33 - 34 weeks on the gen & about 12 weeks on ATS after submittal approval and release for production. Please feel free to contact me if you require any additional information; or if you have any further questions or concerns that I may be of assistance with. Thank you for choosing Cummins. Submitted by: Will Jameson, Inside Sales Representative - Commercial Power Generation Ig883(ab-cummins.com 971-291-2228 SUBMITTALS. An order for the equipment covered by this quotation will be accepted on a hold for release basis. Your order will not be released and scheduled for production until written approval to proceed is received in our office. Such submittal approval shall constitute acceptance of the terms and conditions of this quotation unless the parties otherwise agree in writing. THERE ARE ADDITIONAL CONTRACT TERMS AND CONDITIONS ATTACHED TO THIS QUOTATION, INCLUDING LIMITATIONS OF WARRANTIES AND LIABILITIES, WHICH ARE EXPRESSLY INCORPORATED HEREIN. BY ACCEPTING THIS QUOTATION, CUSTOMER ACKNOWLEDGES THAT THE CONTRACT TERMS AND CONDITIONS HAVE BEEN READ, FULLY UNDERSTOOD AND ACCEPTED. Quotation: Q-319238-20240823-0923 Page 4 of 11 39 Sales and Service Project: Melcher Pump Station - Sourcewell Quotation: Q-319238-20240823-0923 Authorized Signature Company Name Printed Name & Title Purchase Order No <Rest of the page is intentionally left blank> Date Quotation: Q-319238-20240823-0923 Page 5 of 11 40 Sales and Service Project: Melcher Pump Station - Sourcewell Quotation: Q-319238-20240823-0923 TERMS AND CONDITIONS FOR SALE OF POWER GENERATION EQUIPMENT These Terms and Conditions for Sale of Power Generation Equipment, together with the quote ("Quote"), sales order ("Sales Order"), and/or credit application ("Credit Application") on the front side or attached hereto, are hereinafter collectively referred to as this "Agreement" and shall constitute the entire agreement between the customer identified in the Quote ("Customer") and Cummins Inc. ("Cummins") and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions and it shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins' receipt of Customer's purchase order or purchase order number; (ii) Customer's signing or acknowledgment of this Agreement; (iii) Cummins' release of equipment to production pursuant to Customer's oral or written instruction or direction; (iv) Customer's payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer's website or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, specifications, agreement (whether upstream or otherwise), or any other terms and conditions related thereto, then such specifications, terms, document, or other agreement: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction. 1. SCOPE. Cummins shall supply power generation equipment and any related parts, materials and/or services expressly identified in this Agreement (collectively, "Equipment"). No additional services, parts or materials are included in this Agreement unless mutually agreed upon by the parties in writing. A Sales Order for Equipment is accepted on a hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received from Customer. A Quote is limited to the plans and specifications section specifically referenced in the Quote. No other sections shall apply. Additional requirements for administrative items may require additional costs. The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation or fuel, unless otherwise stated and mutually agreed to in writing by the parties. Unless otherwise agreed by Cummins in writing, this Quote is valid for a maximum period of thirty (30) days from the date appearing on the first page of this Quote ("Quote Validation Period"). At the end of the Quote Validation Period, this Quote will automatically expire unless accepted by Customer prior to the end of the Quote Validation Period. The foregoing notwithstanding, in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract, and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer's acceptance. 2. SHIPPING; DELIVERY; DELAYS. Unless otherwise agreed in writing by the parties, Equipment shall be delivered FOB origin, freight prepaid to first destination. For consumer and mobile products, freight will be charged to Customer. Unless otherwise agreed to in writing by the parties, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. Cummins may deliver in installments. A reasonable storage fee, as determined in Cummins' sole discretion, may be assessed if delivery of the Equipment is delayed, deferred, or refused by Customer. In the event Customer fails to take any or all shipments of Equipment ordered hereunder within thirty (30) days of the agreed upon delivery date, Cummins shall have the right, in its sole discretion to either (i) charge a minimum storage fee in the amount of one and one-half percent (1.5%) per month of the total quoted amount; or (ii) consider the Equipment abandoned and, subject to local laws, may (a) make the Equipment available for auction or sale to other customers or the public, or (b) otherwise use, destroy, or recycle the Equipment at Customer's sole cost and expense. The foregoing remedies shall be without prejudice to Cummins' right to pursue other remedies available under the law, including without limitation, recovery of costs and/or losses incurred due to the storage, auction, sale, destruction, recycling, or otherwise of the Equipment. Offloading, handling, and placement of Equipment and crane services are the responsibility of Customer and not included unless otherwise stated. All shipments are made within normal business hours, Monday through Friday. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order and will be in effect after engineering drawings have been approved for production. Cummins shall use commercially reasonable efforts to meet estimated dates, but shall not be liable to customer or any third party for any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or any unforeseen event, circumstance, or condition beyond Cummins' reasonable control including, but not limited to, acts of God, actions by any government authority, civil strife, fires, floods, windstorms, explosions, riots, natural disasters, embargos, wars, strikes or other labor disturbances, civil commotion, terrorism, sabotage, late delivery by Cummins' suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. ASA RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRYSUPPLY CHAIN DISRUPTIONS, TEMPORARYDELAYS IN DELIVERY, LABOR OR SERVICES FROM CUMMINS AND ITS SUB -SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS' DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLYFROM OUR SUB -SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO MEET THE DELIVERY, SERVICE OR COMPLETION Quotation: Q-319238-20240823-0923 Page 6 of 11 41 Sales and Service Project: Melcher Pump Station - Sourcewell Quotation: Q-319238-20240823-0923 OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. IN THE EVENT DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE IS DELAYED, HOWEVER OCCASSIONED, DUE TO EVENTS BEYOND CUMMINS' REASONABLE CONTROL, THEN THE DATE OF DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE FOR THE EQUIPMENT OR SERVICES SHALL BE EQUITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP- UP. 3. PAYMENT TERMS; CREDIT; RETAINAGE. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of the invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Equipment. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay Cummins' costs and expenses (including reasonable attorneys' fees) related to Cummins' enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. Retainage is not acceptable nor binding, unless required by statute or accepted and confirmed in writing by Cummins prior to shipment. If Customer fails to make any payments to Cummins when due and payable, and such failure continues for more than sixty (60) days from the date of the invoice, or less if required by applicable law, then Cummins may, at Cummins' sole discretion and without prejudice to any other rights or remedies, either (i) terminate this Agreement; or (ii) postpone delivery of any undelivered Equipment in Cummins' possession and/or suspend its services until payment for unpaid invoices is received. 4. TAXES; EXEMPTIONS. Unless otherwise stated, the Quote excludes all applicable local, state and federal sales and/or use taxes, permits and licensing. Customer must provide a valid resale or exemption certificate prior to shipment of Equipment or applicable taxes will be added to the invoice. 5. TITLE; RISK OF LOSS. Unless otherwise agreed in writing by the parties, title and risk of loss for the Equipment shall pass to Customer upon delivery of the Equipment by Cummins to freight carrier or to Customer at pickup at Cummins' facility. 6. INSPECTION AND ACCEPTANCE. Customer shall inspect the Equipment upon delivery, before offloading, for damage, defects, and shortage. Any and all claims which could have been discovered by such inspection shall be deemed absolutely and unconditionally waived unless noted by Customer on the bill of lading. Where Equipment is alleged to be non -conforming or defective, written notice of defect must be given to Cummins within three (3) days from date of delivery after which time Equipment shall be deemed accepted. Cummins shall have a commercially reasonable period of time in which to correct such non -conformity or defect. If non -conformity or defect is not eliminated to Customer's reasonable satisfaction, Customer may reject the Equipment (but shall protect the Equipment until returned to Cummins) or allow Cummins another opportunity to undertake corrective action. In the event startup of the Equipment is included in the services, acceptance shall be deemed to have occurred upon successful startup. 7. LIEN; SECURITY AGREEMENT. Customer agrees that Cummins retains all statutory lien rights. To secure payment, Customer grants Cummins a Purchase Money Security Interest in the Equipment. If any portion of the balance is due to be paid following delivery, Customer agrees to execute and deliver such security agreement, financing statements, deed of trust and such other documents as Cummins may request from time to time in order to permit Cummins to obtain and maintain a perfected security interest in the Equipment; or in the alternative, Customer grants Cummins a power of attorney to execute and file all financing statements and other documents needed to perfect this security interest. Cummins may record this Agreement, bearing Customer's signature, or copy of this Agreement in lieu of a UCC-1, provided that it shall not constitute an admission by Cummins of the applicability or non -applicability of the UCC nor shall the failure to file this form or a UCC-1 in any way affect, alter, or invalidate any term, provision, obligation or liability under this Agreement. The security interest shall be superseded if Customer and Cummins enter into a separate security agreement for the Equipment. Prior to full payment of the balance due, Equipment will be kept at Customer's location noted in this Agreement, will not be moved without prior notice to Cummins, and is subject to inspection by Cummins at all reasonable times. 05.01.2023 8. CANCELLATION; CHARGES. Orders placed with and accepted by Cummins may not be cancelled except with Cummins' prior written consent. If Customer seeks to cancel all or a portion of an order placed pursuant to this Agreement, and Cummins accepts such cancellation in whole or in part, Customer shall be assessed cancellation charges as follows: (i) 10% of total order price if cancellation is received in Cummins' office after Cummins has provided submittals and prior to releasing equipment to be manufactured; (ii) 25% of total order price if cancellation is received in Cummins' office after receipt of submittal release to order, receipt of a purchase order for a generator already on order with the factory, or is asked to make any hardware changes to the equipment already on order with the factory; (iii) 50% of total order price if cancellation is received in Cummins' office sixty (60) or fewer days before the scheduled shipping date on the order; or (iv) 100% of total order price if cancellation is received in Cummins' office after the equipment has shipped from the manufacturing plant. 9. TERMINATION. Cummins may, at any time, terminate this Agreement for convenience upon sixty (60) days' written notice to Customer. If the Customer defaults by (i) breaching any term of this Agreement, (ii) becoming insolvent or declared bankrupt, or (iii) making an assignment for the benefit of creditors, Cummins may, upon written notice to Customer, immediately terminate this Agreement. Upon such termination for default, Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer, and Customer shall pay Cummins for any Equipment or services supplied under Quotation: Q-319238-20240823-0923 Page 7 of 11 ►y: Sales and Service Project: Melcher Pump Station - Sourcewell Quotation: Q-319238-20240823-0923 this Agreement, in accordance with the payment terms detailed in Section 3. If a notice of termination for default has been issued and is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the termination as a termination for convenience. 10. MANUALS. Unless otherwise stated, electronic submittals and electronic operation and maintenance manuals will be provided, and print copies may be available upon Customer's request at an additional cost. 11. TRAINING; START UP SERVICES; INSTALLATION. Startup services, load bank testing, and owner training are not provided unless otherwise stated. Site startup will be subject to the account being current and will be performed during regular Cummins business hours, Monday to Friday. Additional charges may be added for work requested to be done outside standard business hours, on weekends, or holidays. One visit is allowed unless specified otherwise in the Quote. A minimum of two -week prior notice is required to schedule site startups and will be subject to prior commitments and equipment and travel availability. A signed site check sheet confirming readiness will be required, and Cummins personnel may perform an installation audit prior to the startup being completed. Any issues identified by the installation audit shall be corrected at the Customer's expense prior to the start-up. Portable load banks for site test (if offered in the Quote) are equipped with only 100 feet of cable. Additional lengths may be arranged at an extra cost. Cummins is not responsible for any labor or materials charged by others associated with start-up and installation of Equipment, unless previously agreed upon in writing. Supply of fuel for start-up and/or testing, fill -up of tank after start up, or change of oil is not included unless specified in the Quote. All installation/execution work at the site including, but not limited to: civil, mechanical, electrical, supply of wall thimbles, exhaust extension pipe, elbows, hangers, expansion joints, insulation and cladding materials, fuel/oil/cooling system piping, air ducts, and louvers/dampers is not included unless specified in the Quote. When an enclosure or sub- base fuel tank (or both) are supplied, the openings provided for power cable and fuel piping entries, commonly referred to as "stub - ups", must be sealed at the site by others before commissioning. All applications, inspections and/or approvals by authorities are to be arranged by Customer. 12. MANUFACTURER'S WARRANTY. Equipment purchased hereunder is accompanied by an express written manufacturer's warranty ("Warranty") and, except as expressly provided in this Agreement, is the only warranty offered on the Equipment. A copy of the Warranty is available upon request. While this Agreement and the Warranty are intended to be read and applied in conjunction, where this Agreement and the Warranty conflict, the terms of the Warranty shall prevail. 13. WARRANTY PROCEDURE. Prior to the expiration of the Warranty, Customer must give notice of a warrantable failure to Cummins and deliver the defective Equipment to a Cummins location or other location authorized and designated by Cummins to make the repairs during regular business hours. Cummins shall not be liable for towing charges, maintenance items such as oil filters, belts, hoses, etc., communication expenses, meals, lodging, and incidental expenses incurred by Customer or employees of Customer, "downtime" expenses, overtime expenses, cargo damages and any business costs and losses of revenue resulting from a warrantable failure. 14. LIMITATIONS ON WARRANTIES. THE REMEDIES PROVIDED IN THE WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. The limited warranty does not cover Equipment failures resulting from: (a) inappropriate use relative to designated power rating; (b) inappropriate use relative to application guidelines; (c) inappropriate use of an EPA -SE application generator set relative to EPAs standards; (d) normal wear and tear; (e) improper and/or unauthorized installation; (f) negligence, accidents, or misuse; (g) lack of maintenance or unauthorized or improper repair; (h) noncompliance with any Cummins published guideline or policy; (i) use of improper or contaminated fuels, coolants, or lubricants; (j) improper storage before and after commissioning; (k) owner's delay in making Equipment available after notification of potential Equipment problem; (1) replacement parts and accessories not authorized by Cummins; (m) use of battle short mode; (n) owner or operator abuse or neglect such as: operation without adequate coolant, fuel, or lubricants; over fueling; over speeding; lack of maintenance to lubricating, fueling, cooling, or air intake systems; late servicing and maintenance; improper storage, starting, warm-up, running, or shutdown practices, or for progressive damage resulting from a defective shutdown or warning device; or (o) damage to parts, fixtures, housings, attachments and accessory items that are not part of the generating set. 15. INDEMNITY. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Equipment supplied under this Agreement (collectively, the "Claims"), where such Claims were caused or contributed to by, in whole or in part, the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer's expense. Quotation: Q-319238-20240823-0923 Page 8 of 11 43 Sales and Service 16. LIMITATION OF LIABILITY Project: Melcher Pump Station - Sourcewell Quotation: Q-319238-20240823-0923 NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY OR NEGLIGENCE), FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY), OR IN ANY WAY RELATED TO OR ARISING FROM CUMMINS' SUPPLY OF EQUIPMENT UNDER THIS AGREEMENT OR THE USE OR PERFORMANCE OF EQUIPMENT SUPPLIED UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS' LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER'S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF EQUIPMENT SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN. 17. DEFAULT; REMEDIES. Customer shall be in breach and default if: (a) any of the payments or amounts due under this Agreement are not paid; (b) Customer fails to comply, perform, or makes any misrepresentation relating to any of the Customer's obligations or covenants under this Agreement; or (c) prior to full payment of the balance due, Customer ceases to do business, becomes insolvent, makes an assignment for the benefit of its creditors, appoints a receiver, commences an action for dissolution or liquidation, or becomes subject to bankruptcy proceedings, or the Equipment is attached, levied upon, seized under legal process, is subjected to a lien or encumbrance, or transferred by operation of law or otherwise to anyone other than Cummins. Upon the occurrence of any event of Customer's default, Cummins, at its sole option and without notice, shall have the right to exercise concurrently or separately any one or all of the following remedies, which shall be cumulative and not alternative: (a) to declare all sums due, and to become due, under this Agreement immediately due and payable; (b) to commence legal proceedings, including collection actions and specific performance proceedings, to enforce performance by Customer of any and all provisions of this Agreement, and to be awarded damages or injunctive relief for the Customer's breach; (c) to require the Customer to deliver the Equipment to Cummins' branch specified on the face of this Agreement; (d) to exercise one or more of the rights and remedies available to a secured party under applicable law; and (e) to enter, without notice or liability or legal process, onto any premises where the Equipment may be located, using force permitted by law, and there to disconnect, remove and repossess the Equipment, the Customer having waived further right to possession after default. A waiver of any event of default by Cummins shall not be a waiver as to any other or subsequent default. 18. CUSTOMER REPRESENTATIONS; RELIANCE. Customer is responsible for obtaining, at its cost, permits, import licenses, and other consents in relation to the Equipment, and if requested by Cummins, Customer shall make these permits, licenses, and consents available to Cummins prior to shipment. Customer represents that it is familiar with the Equipment and understands operating instructions and agrees to perform routine maintenance services. Until the balance is paid in full, Customer shall care for the Equipment properly, maintain it in good operating condition, repair and appearance; and Customer shall use it safely and within its rated capacity and only for purpose it was designed. Even if Customer's purchase of Equipment from Cummins under this Agreement is based, in whole or in part, on specifications, technical information, drawings, or written or verbal advice of any type from third parties, Customer has sole responsibility for the accuracy, correctness and completeness of such specifications, technical information, drawings, or advice. Cummins make no warranties or representations respecting the accuracy, correctness and completeness of any specifications, technical information, drawings, advice or other information provided by Cummins. Cummins makes no warranties or representations respecting the suitability, fitness for intended use, compatibility, integration or installation of any Equipment supplied under this Agreement. Customer has sole responsibility for intended use, for installation and design and performance where it is part of a power, propulsion, or other system. Limitation of warranties and remedies and all disclaimers apply to all such technical information, drawings, or advice. Customer acknowledges and agrees by accepting delivery of the Equipment that the Equipment purchased is of the size, design, capacity and manufacture selected by the Customer, and that Customer has relied solely on its own judgment in selecting the Equipment. 19. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents. 20. GOVERNING LAW AND JURISDICTION. This Agreement and all matters arising hereunder shall be governed by, interpreted, and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. The parties agree that the federal and state courts of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim Quotation: Q-319238-20240823-0923 Page 9 of 11 44 Sales and Service Project: Melcher Pump Station - Sourcewell Quotation: Q-319238-20240823-0923 arising in connection with this Agreement or any related matter, and hereby waive any right to claim such forum would be inappropriate, including concepts of forum non conveniens. 21. INSURANCE. Upon Customer's request, Cummins will provide to Customer a Certificate of Insurance evidencing Cummins' relevant insurance coverage. 22. ASSIGNMENT. This Agreement shall be binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins. 23. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins. 24. PRICING. To the extent allowed by law, actual prices invoiced to Customer may vary from the price quoted at the time of order placement, as the same will be adjusted for prices prevailing on the date of shipment due to economic and market conditions at the time of shipment. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input and labor cost changes and/or other unforeseen circumstances beyond Cummins' control. 25. MISCELLANEOUS. Cummins shall be an independent contractor under this Agreement. All notices under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in this Agreement. No amendment of this Agreement shall be valid unless it is writing and signed by an authorized representative of the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. These terms are exclusive and constitute the entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for, and Customer has agreed to purchase of the Equipment pursuant to these Terms and Conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such Terms and Conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. In the event Cummins incurs additional charges hereunder due to the acts or omissions of Customer, the additional charges will be passed on to the Customer, as applicable. Headings or other subdivisions of this Agreement are inserted for convenience of reference and shall not limit or affect the legal construction of any provision hereof. The Parties' rights, remedies, and obligations under this Agreement which by their nature are intended to continue beyond the termination or cancellation of this Agreement, including but not limited to the Section 16. Limitation of Liability provision contained herein, shall survive the expiration, termination, or cancellation of this Agreement. 26. COMPLIANCE. Customer shall comply with all laws applicable to its activities under this Agreement, including, without limitation, any and all applicable federal, state, and local anti -bribery, environmental, health, and safety laws and regulations then in effect. Customer acknowledges that the Equipment, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Equipment or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable all laws relating to the cross -border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall act as the importer of record with respect to the Equipment and shall not resell, export, re-export, distribute, transfer, or dispose of the Equipment or related technology, directly or indirectly, without first obtaining all necessary written permits, consents, and authorizations and completing such formalities as may be required under such laws, rules, and regulations. In addition, Cummins has in place policies not to distribute its products for use in certain countries based on applicable laws and regulations including but not limited to UN, U.S., UK, and European Union regulations. Customer undertakes to perform its obligations under this Agreement with due regard to these policies. Strict compliance with this provision and all laws of the territory pertaining to the importation, distribution, sales, promotion and marketing of the Equipment is a material consideration for Cummins entering into this Agreement with Customer and continuing this Agreement for its term. Customer represents and warrants that it has not and shall not, directly or through any intermediary, pay, give, promise to give or offer to give anything of value to a government official or representative, a political party official, a candidate for political office, an officer or employee of a public international organization or any other person, individual or entity at the suggestion, request or direction or for the benefit of any of the above -described persons and entities for the purposes of inducing such person to use his influence to assist Cummins in obtaining or retaining business or to benefit Cummins or any other person in any way, and will not otherwise breach any applicable laws relating to anti -bribery. Any failure by Customer to comply with these provisions will constitute a default giving Cummins the right to immediate termination of this Agreement and/or the right to elect not to recognize the warranties associated with the Equipment. Quotation: Q-319238-20240823-0923 Page 10 of 11 45 Sales and Service Project: Melcher Pump Station - Sourcewell Quotation: Q-319238-20240823-0923 Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer's breach. 27. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60- 300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract. Quotation: Q-319238-20240823-0923 Page 11 of 11 46 CITY OF PORT ORCHARD City Contract No. PURCHASES THROUGH INTERLOCAL AGREEMENTS C075-14 Interlocal Agreement with the Host Agency (government agency or Purchasing Co -Op name): Sourcewell Item Description: Cummins Commercial Diesel Generator Setr,230kW Standby 60Hz Do you have an Interlocal agreement signed with the Contract (host) Agency? lea If yes, where is it filed: Cites ❑ If no, get a mutually signed Agreement in place before you continue. Sourcewell Contract No.#: 092222-CMM If you have an Office of State Procurement (OSP) contract number you may skip the remainder of this test because the OSP contracts comply with remaining requirements and retain the documentation on hand for SAO to review in the OSP offices. Is this a technology contract? ❑ If yes, do your own rules allow for technology contracts to be negotiated? ❑ If your own rules allow for negotiated IT contracts, you can skip this test. Is this a services contract? ❑ If yes, do your own rules allow services to be negotiated? ❑ If your own rules allow for negotiated services, you can skip the remainder of the test. Are you using this as only one of multiple quotes, for a small purchase? ❑ If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules. Checklist for Required Compliance Is the Host agency a public agency'? 1(da Yes ❑ No If Yes, what state laws apply to Host Agency: Minnesota Does the host agency have a requirement 1>l Yes ❑ No Federal and State contract rules usually don't to run a newspaper ad in their local paper require a newspaper ad. For others, attach the and did they comply ad or place into the file Did they list on the public agency's It Yes ❑ No If Yes, state when and the address, and proof website? of date, address shall be attached or placed into the file. If No, you cannot use the bid. Did the bid & award comply with the It Yes ❑ No If Yes, obtain documentation to support answer Host agency's state procurement laws? from Host Agency. If No, you cannot use the bid. 1 RCW 39.34.020 (1), "public agency" means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another state iIFl 0�4 City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Approval of Contract Amendment No. 1 to Contract No. C032-24 with Kitsap County for Traffic Control Devices (Ryan) Meeting Date: September 10, 2024 Prepared By: Denis Ryan, Public Works Director, CPWP-M, CPRP Summary and Background: The City of Port Orchard owns and operates electric streetlights, street light systems, traffic signals, traffic control devices and flashers situated within the City of Port Orchard. These require specialized repair and maintenance. Kitsap County has personnel skilled in maintaining this equipment, while the City does not. On March 12, 2024, the City Council approved interlocal agreement No. 032-24 (KC-160-24) with Kitsap County for these services. The Agreement continues the longstanding cooperation between the Parties whereby the County provides maintenance services for the City's equipment. After implementation, the City and County discovered two errors in the Agreement that require correction. Thus, this Amendment makes technical updates to the Agreement, as it updates the "Per Signal" rate specified in the Agreement to reflect negotiated rate, and updates Schedule B (attached) to capture the City's Traffic Control Devices (Solar Powered Radar Signs, Flashers and Rectangular Rapid Flashing Beacons) currently being serviced by the County. Relationship to Comprenhensive Plan: Chapter 8 — Transportation Recommendation: Staff recommends the Council authorize the Mayor to execute Amendment No. 1 to Interlocal Agreement No. 032-24 (#KC-160-24) with Kitsap County Public Works for traffic signal, street lights repair and maintenance. Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 1 to Interlocal Agreement No. 032-24 (#KC-160-24) with Kitsap County Public Works for traffic signal, street lights repair and maintenance, in a form approved by the City Attorney. Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: This service is budgeted in the 2023-2024 Budget in GL Code 002.05.542.64.40 Alternatives: Do not approve and provide further guidance. 48 Attachments: KC-160-24-A City of Port Orchard Amendment.pdf KC- 160-24-A Exhibit B.pdf CourtesyCopy-032-24 - Kitsap County - Contract.pdf 49 KC-160-24-A FIRST CONTRACT AMENDMENT This First Amendment to the ILA executed on 2024 ("First Amendment') is made and entered into between KITSAP COUNTY a municipal corporation, with its principal offices at 614 Division Street, Port Orchard, Washington 98366 and the City of Port Orchard (collectively the "Parties"). In consideration of the mutual benefits and covenants contained herein, the Parties agree that their CONTRACT, numbered as Kitsap County ILA KC-160- 24 shall be amended as follows: 1. ILA Section 3 - Commencing January 1, 2024, the CITY shall pay the COUNTY four hundred twenty-one dollars and eighty-seven cents ($421.87) per month for each Traffic Signal requiring maintenance by the COUNTY. If the CITY adds additional Traffic Signals requiring maintenance, the CITY shall pay the sum of four hundred twenty-one dollars and eighty-seven cents ($421.87) per month per Traffic Signal which shall be paid quarterly thirty (30) days after receipt of an invoice and pro -rated to the date of activation. 2. Exhibit B - (i) East Port Orchard Elementary Schaal added under flashers; and (6) McCormick VLG Dr./SW Old Clifton Rd added under Rectangular Rapid Flashing Beacons for a total of eight (8). These changes increase the total number of Traffic Control Devices from 15 to 24 total. Insurance. If this First Amendment extends the expiration date of the Contract, then the Contractor shall provide an updated certificate of insurance evidencing that any required insurance coverages are in effect through the new contract expiration date. The Contractor shall submit the certificate of insurance to: Kitsap County Risk Management Division, 614 Division Street, MS-7, Port Orchard, WA 98366 Terms Unchanged. Except as expressly provided in this First Amendment, all other terms and conditions of the original Agreement, and any subsequent amendments, addenda or modifications thereto, remain in full force and effect. Authorizations. The signatories to this First Amendment represent that they have been appropriately authorized to enter into this First Amendment on behalf of the Party for whom they sign, and that no further action or approvals are necessary before execution of this First Amendment. Counterparts/Electronic Si nature. The Contract may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same agreement. A facsimile, email, or other electronically delivered signatures of the parties shall be deemed to constitute original signatures and deemed to constitute duplicate originals. Signatures on next page T- DATED this day of 2024 CITY OF PORT ORCHARD MAYOR BRANDY WALLACE, MMC, City Clerk ATTEST: Dana Daniels, Jerk of the Board DATED this 2-I—day of� 2024 KITSAP COUNTY BOARD OF COMMISSIONERS KAT INE T. WALTERS, Chair • CHRI I E ROLFES, Com issioner GARRIDO, Commissioner EXHIBIT B TRAFFIC CONTROL DEVICES SOLAR POWERED SPEED RADAR SIGNS # 'SW Sedgwick Rd Speed Limit Radar Sign 1 McCormick Woods Dr. SW Speed Limit Radar Sign 1 SE Lund Ave Speed Limit Radar Sign 1 Beach Dr E Speed Limit Radar Sign 1 FLASHERS II# Sidney Glen Elementary School Flashers South Kitsap High School Flashers Cedar Heights Junior High School Flashers East Port Orchard Elementary School Flasher 11 RECTANGULAR RAPID FLASHING BEACONS RRFB # Tremont St W between S. Kitsa Blvd & Potte Ave 3 McCormick VLG Dr./SW Old Clifton Rd 8 52 DocuSign Envelope ID: 17ECB667-8AE2-44E9-B286-EBBB08E3864D Contact No. 032-24 INTERLOCAL AGREEMENT KC-160-24 BETWEEN KITSAP COUNTY AND THE CITY OF PORT ORCHARD FOR REIMBURSABLE WORK PERFORMED BY KITSAP COUNTY PUBLIC WORKS This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW by and between Kitsap County (hereinafter the "COUNTY") and the City of Port Orchard (hereinafter the "CITY"), collectively the "Parties." RECITALS A. WHEREAS, the City of Port Orchard owns and operates electric streetlights, street light systems, traffic signals, traffic control devices and flashers situated within the City of Port Orchard; B. WHEREAS, Kitsap County has personnel skilled in maintaining streetlights, street light systems, traffic signals, traffic control devices, and flashers, and Kitsap County wants to provide maintenance services to the street lighting and traffic control equipment owned and operated by the City of Port Orchard; AGREEMENT NOW.THEREFORE in consideration for the foregoing recitals, which are incorporated herein by reference, and the mutual promises and covenants, contained herein, it is hereby agreed as follows: Section 1. PURPOSE. This Agreement continues the longstanding cooperation between the Parties whereby the COUNTY will provide maintenance services for traffic signals, as identified in Exhibit A, (hereinafter "Traffic Signals"), incorporated in full by this reference. The COUNTY will repair radar speed signs, lighted crosswalk and warning flashers located in the CITY, (hereinafter "Traffic Control Devices") as identified in EXHIBIT Band incorporated in full by this reference. The COUNTY will repair the Traffic Control Devices on a time and materials basis and only when expressly requested by the CITY. The Parties may amend the number and locations of Traffic Signals and Traffic Control Devices from time to time and may revise the Exhibits on an annual basis. Section 2. TERM. This Agreement shall become effective on January 1, 2024, for a two (2) year term ending December 31, 2026, with two one-year options to renew following prior notice and written consent of the parties. Section 3. CONSIDERATION. Commencing January 1, 2024, the CITY shall pay the COUNTY three hundred eighty- five dollars and eighty cents ($385.80) per month for each Traffic Signal. Such payment shall apply to the first year of thisls Agreement and Is payable to the COUNTY in quarterly installments due thirty (30) days after receipt of an invoice from the COUNTY ("Base Year"). The CITY shall pay the COUNTY on a time and materials basis for repair of Traffic Control Devices. In the event the CITY adds additional Traffic Signals requiring maintenance, the CITY shall pay the sum of three hundred eighty-five dollars and eighty cents ($385.80) per month per Traffic Signal which shall be paid quarterly thirty (30) days after receipt of an invoice and pro -rated to 53 DocuSign Envelope ID: 17ECB667-8AE2-44E9-B286-EBBB08E3864D the date of activation. At the beginning of each successive year thereafter, all charges shall automatically adjust in an amount equal to the percentage change in the "all items" category of the Consumer Price Index for All Urban Consumers ("CPI-U") as published by the Bureau of Labor Statistics of the U.S. Department of Labor for the Seattle -Tacoma -Bellevue metropolitan statistical area for the month of June. If at any time during the term of this Agreement the practice of computing the CPI-U is abandoned or altered by the U.S. Department of labor, this Agreement shall be revised by mutual agreement of the parties to identify a substitute standard. Section 4. 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. Section 5. ACQUISITION OF PROPERTY. Any tools, equipment, vehicles or other personal property owned or acquired by the County with its own funds, and used in providing services under this Agreement shall remain the personal property of the County. The County may repair or replace County owned personal property at its sole discretion providing such expenditures are within the then applicable County budget. Section 6. SERVICES PROVIDED. A. This Agreement shall cover the annual maintenance of all Traffic Signals and Traffic Control Devices described in the Agreement. In addition, the CITY shall create a reserve which shall be administered by the COUNTY in the amount of seven thousand five hundred dollars ($7,500.00) (the "Reserve"). The Reserve shall be used to cover the cost of time and materials for the repairs not included in the annual maintenance. The CITY shall replenish the Reserve immediately upon receipt of notice from the COUNTY that the Reserve has become exhausted such that the Reserve is restored to $7,500.00. Once the Reserve has been exhausted, the CITY shall pay additional cost on a time and materials basis for work requested by the CITY. The CITY shall be required to replace any major piece of equipment with a cost of over $1,000,00, and upon the CITY's request, the COUNTY will assist the CITY in the ordering and acquisition of such replacement equipment. B. The COUNTY shall provide annual maintenance of the Traffic Signals listed in EXHIBIT A. The annual maintenance will consist of a complete inspection of the traffic signal, conflict monitor testing, cleaning the cabinet and electronic components, and complete overhead inspection and cleaning. The COUNTY will perform a monthly visual operation analysis of the signal covered by the contract to detect any malfunctions and failures. C. Annual maintenance does not include signal coordination and timing, locates or consulting services. The City shall be responsible for signal coordination and timing, locates and obtaining consulting services. D. The CITY may provide LED modules to change out lamps or outdated LEDs at the CITY's sole expense. The COUNTY will provide labor at no extra cost while performing retrofit heads to LEDs, but conversion replacement LEDs shall be conducted at the CITY's expense. E. The COUNTY shall coordinate and inspect the replacement and installation of failed traffic signal loops by a contractor when requested to do so by the CITY. This is part of the County's role as consultant as described below in subsection F below, and will be charged against the Reserve. F. At the request of the City, the County at its discretion may provide services to the City as a construction management consultant for the purpose of assisting in the design and inspection of new traffic signal and lighting systems. Consulting services are not considered annual maintenance and shall be charged against the Reserve. G. In the event that the repair Reserve has been exhausted, and the County provides services before the Reserve is replenished, the City shall immediately reimburse the County on a time and 54 DocuSign Envelope ID: 17ECB667-8AE244E9-B286-EBBB08E3864D materials basis. Section 7. EQUIPMENT. The COUNTY shall provide services described in Section 6 for the street lighting, and traffic signal equipment located within the CITY. The equipment includes and is limited to: A. Traffic Signal Controllers B. Load Switches C. Detection Equipment D. Conflict Monitor Units E. Pre -exemption Equipment F. Auxiliary Cabinet Wiring G. Traffic Signal Loops H. Traffic Signal Circuit Wiring I. Signal Heads, Pedestrian Heads, LEDs J. Street Lighting Equipment K. Street Light Circuit Wiring L. Traffic Signal Timing: install and maintain City provided plans from data provided by City. M. Flashers, school flashers, and fire station flashers. Section 8. TIME OF SERVICE. The COUNTY shall provide additional coverage 24 hours a day, 7 days a week for all Traffic Signal failures and malfunctions, and Traffic Control Devices, including and not limited to damage caused to traffic signals by traffic accidents and weather conditions. The CITY shall have the option at the CITY's sole expense to secure services from another agency for emergency response situations if the COUNTY is unable to respond in a timely manner. Failures, malfunctions and damages shall not be considered annual maintenance and will be charged against the Reserve. Section 9. TEMPORARY TRAFFIC CONTROL. When requesting County services under this Agreement for emergency repair, the City shall secure the site with temporary traffic control ("TTC") for the safety of the travelling public and County staff. The City shall follow then current Manual on Uniform Traffic Control Devices Manual ("MUTCD") standards for temporary traffic control. The City may also at its discretion request the assistance of law enforcement to secure the site. Section 10. INDEMNIFICATION. To the fullest extent allowed by law, the City shall defend, indemnify and hold harmless at the City's sole expense, Kitsap County, its elected and appointed officers, officials, employees, and agents from and against any and all claims, injuries, damages, liabilities and costs including but not limited to, attorney fees and litigation costs, arising out of or in connection with the this Agreement) , whether the demand, loss or claim is due to the negligence of the County, its elected and appointed officials, officers, employees, agents, or third parties except that the City shall not be liable for injury or damages caused by the sole negligence or willful misconduct of the County, its elected or appointed officials, officers, employees, agents. Neither party assumes responsibility to the other party for the consequences of any act or omission of any person, firm or corporation not a party to this Agreement. The COUNTY accepts no responsibility for the performance or suitability of any good or service to be provided by third party vendors. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE 55 DocuSign Envelope ID: 17ECB667-8AE2-44E9-B286-EBBB08E3864D INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE PARTIES' 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 provisions of this section shall survive the expiration or termination of this Agreement. Section 11. TERMINATION. This Agreement may be terminated by either party, with or without cause, with sixty (60) days prior written notice to the other. In the event of such termination, the County shall be compensated for any outstanding actual costs incurred by the County up to the time of notification of contract termination. Section 12. GENERAL PROVISIONS. 12.1 Governing Law and Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 12.2 Amendment. This Agreement may be amended from time to time as deemed appropriate by the Parties, provided, any such amendment shall become effective only after it has been adopted in writing by the authorized representatives of the Parties. 12.3 Entire Agreement. This Agreement contains the entire understanding of the Parties and supersedes any other agreement or understanding between the Parties relating to the subject matter of this Agreement. 12.3 Compliance with Laws. The Parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 12.4 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 the particular provision. Implied Contract Terms. Each provision of law and any terms required by law to be in the Agreement are made a part of the Agreement as if fully stated in it. 12.5 Assignment. The rights or obligations under this Agreement, and any claims arising thereunder, are not assignable or delegable, in whole or in part, by any party to this Agreement. 12.6 Waiver. A failure by any party to exercise its rights under this Agreement shall not prelude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party. 12.7 Headings. Headings of this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 12.8 Recording. This Agreement shall be recorded with the Kitsap County Auditor's Office in compliance with RCW 39'.34.040. 12.9 Further Acts. Each party shall execute and deliver all such documents and perform all PEP DocuSign Envelope ID: 17ECB667-8AE2-44E9-B286-EBBB08E3864D such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. 12.10 Counterparts. This Agreement maybe 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. 12.11 Authorization. Each person signing below warrants that they have full power and authority to execute this Agreement on behalf of the party for whom they sign. 12.12 No Third -Party Beneficiary. No provision of this Agreement is intended to, nor shall' it be construed to, create any third- party beneficiary or provide any rights or benefits to any person or entity other than the COUNTY and the CITY. 12.13 Administration: No Separate Entity Created. The CITY Public Works Director shall serve as the administrator of this Agreement. No separate legal entity is formed by this Agreement. 12.14 Ownership and Disposition of Property. Each party shall retain ownership of all real and personal property used in connection with this Agreement. 12.15 No Employment Relationship Created. The parties agree that nothing in this Agreement shall be construed to create an employment relationship between any party and any empl1oyee, agent, representative or contractor of the other party. Section 13. NOTICE. All communications and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the Parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated i1 n this Agreement or such other address as may be hereafter specified in writing. City of Port Orchard: City Hall 216 Prospect Street Port Orchard, WA 98366 APPROVED: KITSAP COUNTY F DoeuSlpned by: cL.A� CITY OF PORT ORCHARD Fred Chang, Mayor Pro-Tem FDoeuSlyned by: Va�n, MAU, Bran y a ace, MMC, City Clerk County: Christine DeGeus 614 Division St. MS-26 Port Orchard, WA 98366 BOARD OF COUNTY COMMISSIONERS VV KATHERINE T. WALTERS, CHAIR CHRISTINE ROLFES, Commissioner 1"44-3d, I. A CHARLOTTE GARRIDO, Commissioner •.. / a 0 oy 1 4i • �T ATTEST: • W&A 57 Dana Daniels, Clerk of the Board DocuSign Envelope ID: 17ECB667-8AE2-44E9-B286-EBBB08E3864D EXHIBIT A TRAFFIC SIGNAL INVENTORY LOCATION Tremont & Sidney 1 Tremont & Port Orchard Blvd. 1 Tremont & Pottery (Flasher Controlled Roundabout) 1 Sidney & Sedgwick 1 Bethel & Lund 1 Bethel & Wal-Mart 1 58 DocuSign Envelope ID: 17ECB667-8AE2-44E9-B286-EBBB08E3864D EXHIBIT B TRAFFIC CONTROL DEVICES OLAR POWERED SPEED RADAR SIGNS W Sed wick Rd Speed Limit Radar Sign 1 McCormick Woods Dr. SW Speed Limit Radar Sign 1 E Lund Ave Speed Limit Radar Sign 1 Beach Dr E Speed Limit Radar Sign 1 FLASHERS Sidney Glen Elementary School Flashers South Kitsap High School Flashers Cedar Heights Junior High School Flashers RECTANGULAR RAPID FLASHING BEACONS RRFB # Tremont St W between S. Kitsa Blvd & Potte Ave 59 ORCHARD Meeting Location: Council Chambers 216 Prospect Street Port Orchard, WA 98366 City Council Minutes Contact us: Phone (360) 876-4407 cityhall@portorchardwa.gov www.portorchardwa.gov Regular Meeting of Tuesday, August 13, 2024 Roll Call was taken by the City Clerk as follows: Present: Jay Rosapepe, Councilmember, Position No. 2 Heidi Fenton, Councilmember, Position No. 5 Eric Worden, Councilmember, Position No. 4 Mark Trenary, Councilmember, Position No. 1 Fred Chang, Mayor Pro-Tempore, Position No. 6 John Morrissey, Councilmember, Position At -Large Robert Putaansuu, Mayor Absent: Scott Diener, Councilmember, Position No. 3 Staff present via Zoom: Public Works Director Ryan, Community Development Director Bond, Finance Director Noah Crocker, Police Chief Brown, HR Manager Lund, City Attorney Archer and City Clerk Wallace. The meeting streamed live on YouTube. 1. CALL TO ORDER PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA Moved by Heidi Fenton; seconded by Eric Worden to Approve the agenda. Motion Carried: 6 - 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None Minutes of August 13, 2024 i 60 3. CITIZEN COMMENTS Christine F. voiced concerns with the derelict boats in Sinclair Inlet. 4. CONSENT AGENDA Moved by Jay Rosapepe; seconded by Fred Chang to Approve the agenda. Motion Carried: 6 - 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None Moved by Mark Trenary; seconded by Eric Worden to Excuse Councilmember Diener. Motion Carried: 6 - 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None A. Approval of Vouchers and Electronic Payments Approval of Voucher Nos. 87972 through 87995 and 87999 through 88045 including bank drafts in the amount of $653,034.04 and EFT's in the amount of $1,420,459.40 totaling $2,073,493.44 B. Approval of Payroll and Direct Deposits Approval of Payroll Check Nos. 87996 through 87998 including bank drafts and EFT's in the amount of $184,974.65 and Direct Deposits in the amount of $280,317.36 totaling $465,292.01. C. Adoption of a Resolution Approving the purchase of a storm pond slope mower for the Equipment Rental and Revolving Fund 500 (Ryan) D. Approval of Contract Amendment No. 4 to Contract No. 094-21 with WC3 for Building Consultant Services (Bond) E. Approval of the July 9, 2024, City Council Meeting Minutes F. Approval of the July 16, 2024, City Council Work Study Meeting Minutes G. Approval of Contract Amendment No. 4 to Contract No. C094-20 with Farallon Consulting, LLC (formerly Grette Associates LLC) for Third Party Critical Areas Review (Bond) H. Excusal of Councilmember Diener 5. PRESENTATION A. Legislative Priorities for 2025 (Weiss) Josh Weiss with Gordon Thomas Honeywell Government Relations, gave a presentation, 'Preparing for the 2025 Legislative Session', which included context for the 2025 legislative session, approach to agenda setting -selecting priorities, deadlines, preliminary items, AWC (Association of Washington Cities) items, and next steps. B. Bay Street West Situational Study (Ryan) Minutes of August 13, 2024 2 61 Public Works Director Ryan provided a presentation which included an executive summary, Bay Street Pedestrian West Pathway, goals of the study, recommendations, and conclusion. 6. PUBLIC HEARING There were no public hearings. 7. BUSINESS ITEMS A. Adoption of a Resolution Accepting the 2024 Port Orchard Bay Street Pathway West Concept Design Summary Report as work product from KPFF (Ryan) Moved by Jay Rosapepe; seconded by Mark Trenary to Accept the 2024 Port Orchard Bay Street Pathway West Concept Design Summary Report as the final work produce of KPFF Consulting Engineers, pursuant to Contract C10-23. Motion Carried: 6- 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None B. Adoption of a Resolution Approving a Public Participation Program for the Sherman Ave Stormwater Park (Bond) Moved by Eric Worden; seconded by Jay Rosapepe to Approve a resolution adopting the Sherman Avenue Public Participation Program, as presented. Motion Carried: 6- 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None C. Adoption of a Resolution Approving a small works contract with Automatic Door Solutions, LLC for the installation of powered ADA accessible door openers/closers for the City Hall 2nd floor restrooms (Ryan) Moved by Mark Trenary; seconded by Heidi Fenton to Adopt a resolution, authorizing the Mayor to execute a Contract with Automatic Door Solutions, LLC for the City Hall ADA Access Project. Motion Carried: 6- 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None D. Adoption of a Resolution Authorizing the Purchase of a Body -worn Camera System for the Police Department (Brown) Moved by John Morrissey; seconded by Heidi Fenton to Adopt a resolution authorizing the purchase of a body -worn camera system, including associated hardware, software, licenses, and a five-year maintenance agreement from Axon Enterprise, Inc., through Sourcewell Contract No. 010720-AXB for a total purchase price of $408,011.75 (applicable tax included). Minutes of August 13, 2024 3 62 Motion Carried: 6- 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None E. Approval of Amendment No. 3 to Contract 029-24 with Miles Resources, LLC for the Pottery Ave Non -Motorized Improvements Project (Ryan) Moved by John Morrissey; seconded by Mark Trenary to Authorize the Mayor to execute Amendment No. 3 to Contract No. 029-24 with Miles Resources, LLC for the Pottery Ave Non - Motorized Improvements Project . Motion Carried: 6- 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None F. Approval of Amendment No. 6 to Contract No. 048-23 with Lincoln Construction, Inc. for the City Hall Renovation Project (Ryan) Moved by Mark Trenary; seconded by Jay Rosapepe to Authorize the Mayor to execute Change Order No. 6 to Contract No. 048-23 with Lincoln Construction, Inc. for the City Hall Renovations Project. Motion Carried: 6- 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None G. Approval of Amendment No. 4 to Contract C083-22 with Shea Car & Jewell, Inc. dba SCJ Alliance for the Bethel Phase 1-Street Improvement Project (Ryan) Moved by Fred Chang; seconded by Jay Rosapepe to Authorize the Mayor to execute Amendment No. 4 to Contract No. 083-22 with Shea Car & Jewell, Inc. dba SCJ Alliance, Inc for Bethel Phase 1-Street Improvement Project. Motion Carried: 6- 0 Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Eric Worden, Heidi Fenton, John Morrissey Voting Against: None 8. DISCUSSION ITEMS 9. REPORTS OF COUNCIL COMMITTEES Councilmember Morrissey reported on the August 12th Economic Development and Tourism Committee meeting. Minutes of August 13, 2024 4 63 Mayor Putaansuu reported the Finance Committee is scheduled to meet September 17th. 10. REPORT OF MAYOR The Mayor reported on the following: • Toured the Kitsap County jail and spoke to jail statistics. • Toured Peninsula Community Health. • In accordance with Resolution 076-23 he reported about changes made to the City's Accident Prevention Plan. The Accident Prevention Plan was recently updated to reflect the changes in the state law regarding Wildfire Smoke Safety. • In accordance with Ordinance 008-20 "Delegating Authority to the Mayor for Creating and Modification of Job Descriptions," he reported his approval of the revised job description for the Police Records/Evidence Specialist. • Read into record minutes from 50, 75, and 95 years ago. 11. REPORT OF DEPARTMENT HEADS Police Chief Brown reported on derelict boats in Sinclair Inlet and staffing. Finance Director Crocker reported he has been working on the budget and will report back. City Clerk Wallace reported on attendance for the next Coffee with the Council, lodging tax, and an update on the City's new agenda management system. 12. CITIZEN COMMENTS There were no citizen comments. 13. EXECUTIVE SESSION No executive session was held. 14. GOOD OF THE ORDER Councilmember Chang provided information about the July 24th comprehensive plan workshop and public noticing and comments, and spoke about the empty houses on the 800 block of Cline and Sidney and Bay Street. Councilmember Trenary talked about the new agenda management system and how easy it is to use and navigate. Councilmember Worden spoke about the Saints Car Club Cruz event and also asked about paving on St. Andrews Drive. Councilmember Rosapepe asked about the Lincoln roundabout and spoke about voting numbers. Mayor Putaansuu mentioned the road will be open at the Lincoln roundabout in time for school. 15. ADJOURNMENT The meeting adjourned at 9:04 p.m. No other action was taken. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Minutes of August 13, 2024 5 64 Minutes of August 13, 2024 ti 65 CITY COUNCIL ADVISORY COMMITTEE MEETING DATES STANDING COMMITTEE Date & Time Location Economic Development and Tourism October 14, 2024; 9:30am — 2'6 Monday of the month Remote Access Utilities TBD; 5:00pm — 2"d Tuesday of the month Remote Access Finance September 10, 2024; 4:00pm Remote Access Transportation September 24, 2024; 4:30pm- 4th Tuesday of the month Remote Access Land Use September 11, 2024; 4:30pm Remote Access Lodging Tax Advisory TBD 2024 Remote Access Sewer Advisory September 10, 2024 Remote Access Outside Agency Committees Varies Varies **Dates subject to change I►virX191:1 Robert (Rob) Putaansuu Mayor Administrative Official CITY COUNCIL Fred Chang Councilmember Position 6 (Mayor Pro-Tempore) E/D &Tourism Committee Finance Committee Eric Worden Councilmember Position 4 Land Use Committee Utilities/Sewer Advisory Committee K RCC-a It L111:7_11AIkT/L4\Itl]I.4141l9l►4-1 Mark Trenary Councilmember Position 1 Finance Committee, Chair Transportation Committee, Chair KRCC PS RC -a It Heidi Fenton Councilmember Position 5 Utilities/Sewer Advisory Committee E/D &Tourism Committee Transportation Committee Jay Rosapepe Councilmember Position 2 Utilities/Sewer Advisory Committee, Chair Land Use Committee, Chair KEDA-alt John Morrissey Councilmember Position At -Large Finance Committee E/D & Tourism Committee Lodging Tax, Chair Kitsap Economic Development Alliance PSRC EDD-alt Tim Drury Debbie Lund, CEBS SPHR SHRM-SCP Noah Crocker, M.B.A. Municipal Court Judge Human Resources Director Finance Director Matt Brown Nicholas Bond, AICP Denis Ryan, CPWP-M, CPRP Police Chief Community Development Director Public Works Director Scott Diener Councilmember Position 3 Land Use Committee Transportation Committee Kitsap Public Health District Brandy Wallace, MMC, CPRO City Clerk 66