01/12/2021 - Regular - Packet
City of Port Orchard Council Meeting Agenda
January 12, 2021
6:30 p.m.
The City is prohibited from conducting meetings unless the meeting is NOT
conducted in-person and instead provides options for the public to attend through
telephone, internet or other means of remote access, and also provides the ability
for persons attending the meeting (not in-person) to hear each other at the same
time. Therefore;
Remote access only
Link: https://us02web.zoom.us/j/81337509692
Zoom Meeting ID: 813 3750 9692
Zoom Call-In: 1 253 215 8782
1. CALL TO ORDER
A. Pledge of Allegiance
2. APPROVAL OF AGENDA
3. CITIZENS COMMENTS
(Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a
Public Hearing. When recognized by the Mayor, please state your name for the official record)
4. CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been distributed
to each Councilmember for reading and study. Consent Agenda items are not considered
separately unless a Councilmember so requests. In the event of such a request, the item is
returned to Business Items.)
A. Approval of Vouchers and Electronic Payments
B. Approval of Payroll and Direct Deposits
C. Adoption of a Resolution Confirming Mayoral Appointments to Kitsap
County’s Grant Recommendation Committees (Rinearson) Page 3
D. Adoption of a Resolution Approving a Nonexclusive Perpetual Power
Easement with Puget Sound Energy (PSE) for the Continuation of the 580
Reservoir Project (Dorsey) Page 5
E. Adoption of a Resolution Approving a Contract with The Watershed
Company for 2021-2023 On-Call Critical Areas Review and Consulting
Services (Bond) Page 12
5. PRESENTATION
6. PUBLIC HEARING
7. BUSINESS ITEMS
A. Adoption of a Resolution Appointing Katie Quesada as the City’s Code
Enforcement Officer as Established in Port Orchard Municipal Code
Chapter 2.64 (Bond) Page 27
B. Appointment of a Mayor Pro-Tempore for 2021 (Rinearson) Page 29
Mayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Bek Ashby
Finance Committee
Economic Development & Tourism Committee
Transportation Committee, Chair
KRCC/KRCC PlanPol-alt /KRCC TransPol
PSRC-alt/PSRC TransPOL-Alt/PRTPO
Shawn Cucciardi
Finance Committee
E/D & Tourism Committee, Chair
Kitsap Economic Development Alliance
Fred Chang
Economic Development & Tourism Committee
Land Use Committee
Jay Rosapepe (Mayor Pro-Tempore)
Utilities/Sewer Advisory Committee
Land Use Committee
Transportation Committee
Lodging Tax Advisory Committee, Chair
KRCC-alt
John Clauson
Finance Committee, Chair
Utilities/Sewer Advisory Committee
Kitsap Public Health District-alt
Cindy Lucarelli
Festival of Chimes & Lights Committee, Chair
Utilities/Sewer Advisory Committee, Chair
Kitsap Economic Development Alliance
Scott Diener
Land Use Committee, Chair
Transportation Committee
Department Directors:
Nicholas Bond, AICP
Development Director
Mark Dorsey, P.E.
Director of Public Works/City Engineer
Tim Drury
Municipal Court Judge
Noah Crocker, M.B.A.
Finance Director
Matt Brown
Police Chief
Brandy Rinearson, MMC, CPRO
City Clerk
Meeting Location:
Council Chambers, 3rd Floor
216 Prospect Street
Port Orchard, WA 98366
Contact us:
(360) 876-4407
cityhall@cityofportorchard.us
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned.
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required.
Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407.
The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations.
January 12, 2021, Meeting Agenda Page 2 of 2
C.Adoption of an Ordinance Ratifying the Suspension of Portions of Title 10 Pertaining to Traffic
Enforcement Due to COVID-19 Emergency Response and Relief (Archer) Page 30
D.Adoption of a Resolution Amending Resolution No. 067-20 for the Purchase of Storm Drainage Utility
Remote Controlled Flail Mower for the Equipment Rental Revolving Fund No. 500 (Dorsey) Page 34
E.Adoption of a Resolution Approving the Selection of a Preferred Site for the South Kitsap Community
Events Center (Bond) Page 44
F.Authorization for the Mayor to Sign Letter of Intent with Kitsap Bank Related to the Purchase of 619
Bay Street (Mayor) Page 48
G.Approval of the December 15, 2020, City Council Meeting Minutes Page 52
8.DISCUSSION ITEMS (No Action to be Taken)
A.2020 Festival of Chimes and Lights (Lucarelli) Page 58
9.REPORTS OF COUNCIL COMMITTEES
10.REPORT OF MAYOR
11.REPORT OF DEPARTMENT HEADS
12.CITIZEN COMMENTS
(Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state
your name for the official record)
13.EXECUTIVE SESSION: Pursuant to RCW 42.30.110(1)(i), the City Council WILL hold an executive session regarding pending
litigation. The session duration will be announced prior to the executive session.
14.ADJOURNMENT
COMMITTEE MEETINGS Date & Time Location
Finance January 12, 2021; 5:00pm Remote Attendance
Economic Development and Tourism February 8, 2021; 9:30am – 2nd
Monday of each month
Remote Attendance
Utilities January 19, 2021; 5:00pm - 3rd
Tuesday of each month
Remote Attendance
Sewer Advisory TBD, 2021 Remote Attendance
Land Use January 13, 2021; 4:30pm Remote Attendance
Transportation January 26, 2021; 5:00pm; 4th
Tuesday of each month
Remote Attendance
Lodging Tax Advisory February, 2021 Remote Attendance
Festival of Chimes & Lights January 11, 2021, 3:30pm Remote Attendance
Outside Agency Committees Varies Varies
CITY COUNCIL GOOD OF THE ORDER
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4C Meeting Date: January 12, 2021
Subject: Adoption of a Resolution Confirming Prepared by: Brandy Rinearson, MMC
Mayoral Appointments to Kitsap County’s City Clerk
Grant Recommendation Committees Atty Routing No.: N/A
Atty Review Date: N/A
Summary: Annually, the City Clerk’s office reviews the expiring terms and/or vacancy of members of various
boards, committees, and commissions.
The Mayor has appointed the following persons to the Committee:
• Kitsap County Capital Grant Recommendation Committee: Re-appointment of Christine Stansbery
for a one-year term expiring December 31, 2021; and
• Kitsap County Services Grant Recommendation Committee: Re-appointment of Alisha Beeler, for a
one-year term expiring December 31, 2021.
Recommendation: Mayor Putaansuu recommends adoption of a Resolution confirming his appointments,
as presented.
Relationship to Comprehensive Plan: N/A.
Motion for consideration: “I move to adopt a Resolution confirming the Mayor’s appointments to the
Committees, as set forth in the Resolution presented.”
Fiscal Impact: None.
Alternatives: Not confirm the Mayor’s appointment and provide further direction to Mayor.
Attachments: Resolution.
Page 3 of 58
RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
CONFIRMING MAYORAL APPOINTMENTS TO KITSAP COUNTY GRANT
RECOMMENDATION COMMITTEES
WHEREAS, the Mayor is authorized to appoint volunteers to fill expired or vacant terms
on the various boards, committees, and commissions, upon confirmation of the City Council;
and
WHEREAS, the following committees have expiring terms; now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City Council of the City of Port Orchard does hereby confirm
the re-appointment of Christine Stansbery for a one-year term expiring
December 31, 2021, to the Kitsap County Capital Grant Recommendation
Committee.
THAT: The City Council of the City of Port Orchard does hereby confirm
the re-appointment of Alisha Beeler for a one-year term expiring
December 31, 2021, to the Kitsap County Services Grant
Recommendation Committee.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 12th day of January 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 4 of 58
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4D Meeting Date:
January 12, 2021
Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E.
Nonexclusive Perpetual Power Easement Public Works Director
with Puget Sound Energy (PSE) for the Atty Routing No.: 366922.0009 – PW
Continuation of the 580 Reservoir Project Atty Review Date: January 5, 2021
Summary: On November 23, 2020, Puget Sound Energy (PSE) requested a 10-ft wide nonexclusive
perpetual power easement over and across City-owned property to accommodate the continuation of
the 580 Reservoir Project, being constructed by McCormick Communities, LLC.
Relationship to Comprehensive Plan: Chapter 7.2 – City Managed Utilities
Recommendation: Staff recommends adoption of Resolution No. 002-21, thereby authorizing the
Mayor to execute a 10-ft wide nonexclusive perpetual power easement with Puget Sound Energy for
the continuation of the 580 Reservoir Project, being constructed by McCormick Communities, LLC.
Motion for Consideration: I move to adopt Resolution No. 002-21, thereby authorizing the Mayor to
execute a 10-ft wide nonexclusive perpetual power easement with Puget Sound Energy for the
continuation of the 580 Reservoir Project, being constructed by McCormick Communities, LLC.
Alternatives: None
Fiscal Impact: None
Attachments: Resolution and Easement.
Page 5 of 58
RESOLUTION NO. 002-21
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A 10-FT WIDE NONEXCLUSIVE PERPETUAL POWER
EASEMENT WITH PUGET SOUND ENERGY (PSE) FOR THE CONTINUATION OF
THE 580 RESERVOIR PROJECT.
WHEREAS, on November 23, 2020, Puget Sound Energy (PSE) requested a 10-ft wide
nonexclusive easement Power Easement from the City of Port Orchard, necessary for the
continuation of the 580 Reservoir Construction Project; and
WHEREAS, the grant of easements over and across City-owned property requires
authorization by the City Council; and
WHEREAS, the City Council finds that the grant of the requested easement is in the best
interests of the residents of Port Orchard; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of the Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute a
10-ft wide nonexclusive perpetual power easement with Puget Sound Energy for the
continuation of the 580 Reservoir Project.
THAT: This Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 12th day of January 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 6 of 58
Page 1 of 5
UG Electric WO# 105095652 / RW -119433 / Not. 11716892
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department
3130 S. 38th Street
Tacoma, WA 98409
SJW
EASEMENT
REFERENCE #:
GRANTOR (Owner): CITY OF PORT ORCHARD
GRANTEE (PSE): PUGET SOUND ENERGY, INC.
SHORT LEGAL: RES PAR A and B, BLA 3031737, PTN NW NW 08-23N-01E
ASSESSOR’S PROPERTY TAX PARCEL: 082301-2-001-2005 and 072301-1-006-2003
For and in consideration of good and valuable consideration, the receipt and sufficie ncy of which are acknowledged,
UNITED STATES OF AMERICA, (“Owner" herein), hereby grants and conveys to PUGET SOUND ENERGY, INC., a
Washington corporation ("PSE" herein), for the purposes described below, a nonexclusive perpetual easement over,
under, along across and through the following described real property (the "Property" herein) in KITSAP County,
Washington:
RESULTANT PARCEL A AND B OF BOUNDARY LINE ADJUSTMENT RECORDED
UNDER AUDITOR’S FILE NO. 3031737; THAT PORTION OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH,
RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, LYING NORTHWESTERLY
OF FEIGLEY ROAD SW (COUNTY ROAD NO. 234) AND LYING NORTHWESTERLY OF
OLD CLIFTON ROAD SW (ALDER ROAD).
Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property
("Easement Area" herein) described as follows:
SEE EXHIBIT “A AND B” ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution
and sale of electricity. Such systems may include, but are not limited to:
a. Overhead facilities. Poles and other support structures with crossarms, braces, guys and
anchors; electric transmission and distribution lines; fiber optic cable and other lines, cables and
facilities for communications; transformers, street lights, meters, fixtures, attachments and any and all
other facilities or appurtenances necessary or convenient to any or all of the foregoing; and
b. Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity;
fiber optic cable and other lines, cables and facilities for communications; semi -buried or ground-
mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or
appurtenances necessary or convenient to any or all of the foregoing.
Page 7 of 58
Page 2 of 5
UG Electric WO# 105095652 / RW -119433 / Not. 11716892
Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct
such additional facilities as it may require for such systems. PSE shall have the right of access to the Easement
Area over and across the Property to enable PSE to exercise its rights granted in this easement.
2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut,
remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PS E shall also have the
right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the
establishment and growth of brush, trees or other vegetation in the Easement Area.
3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees
located on the Property outside the Easement Area that could, in PSE’s sole judgment, interfere with or create a
hazard to PSE’s systems. PSE shall, except in the event of an emergency, prio r to the exercise of such right,
identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed,
removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable tim ber (if
any) cut and removed from the Property by PSE.
4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent
reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE’s work to the
condition existing immediately prior to such work. PSE shall use good faith efforts to perform its restoration
obligations under this paragraph as soon as reasonably possible after the completion of PSE’s work.
5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise
change the grade of the Easement Area or construct or m aintain any buildings or structures on the Easement Area
and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent.
6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of
the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall
require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the
negligence of others.
7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by
written instrument. If terminated any improvements remaining in the Easement Area shall become the property of
Owner. No termination shall be deemed to have occurred by PSE’s failure to install its systems on the Easement
Area.
8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all
of its rights, benefits, privileges and interests ar ising in and under this easement. Without limiting the generality of
the foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns.
Page 8 of 58
Page 3 of 5
UG Electric WO# 105095652 / RW -119433 / Not. 11716892
DATED this _______ day of ________________________________, 2020.
OWNER: CITY OF PORT ORCHARD
BY: ___________________________________
TITLE: ________________________________
STATE OF __________________ )
) SS
COUNTY OF _________________ )
On this _______ day of
______________________, 2020, before me, the undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn, personally appeared _____________________________(name), to me known to be
the person who signed as ____________________________(title), of CITY OF PORT ORCHARD, the entity that
executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act
and deed and the free and voluntary act and deed of CITY OF PORT ORCHARD, for the uses and purposes therein
mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said city.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
_______________________________________
(Signature of Notary)
_______________________________________
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of
______________, residing at ___________________
My Appointment Expires: __________________
Notary seal, text and all notations must not be placed within 1” margins
Page 9 of 58
Page 4 of 5
UG Electric WO# 105095652 / RW -119433 / Not. 11716892
Page 10 of 58
Page 5 of 5
UG Electric WO# 105095652 / RW -119433 / Not. 11716892
Page 11 of 58
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4E Meeting Date: January 12, 2021
Subject: Adoption of a Resolution Approving a Prepared by: Nicholas Bond, AICP
Contract with The Watershed Company for DCD Director
2021-2023 On-Call Critical Areas Review Atty Routing No.: Development-Matter 11
and Consulting Services Atty Review Date: December 11, 2020
Summary: The City requires one or more on-call consultants to provide on-call, third-party review of critical areas
reports and development proposals. In September 2020, the City sent a Request for Proposals (RFP) to three
qualified firms on the MRSC personal services roster. The City received Statements of Qualifications from two
firms, and on November 6, 2020, the City selected The Watershed Company as one of the firms to provide the
requested services.
DCD staff and the City Attorney have prepared a contract with The Watershed Company for on-call, third-party
critical areas review and consulting services for 2021-2023, in an amount not to exceed $70,000. A resolution is
provided for the City Council to authorize the Mayor to execute this contract.
On December 15, 2020, the City Council approved a contract with Grette Associates, for the same type of on-call
review services. DCD determined that it would be in the City’s best interests to retain two contractors for this
purpose, in case of any conflicts of interest or urgent matters where one consultant is not immediately available to
provide timely review turnaround. Both contractors are aware of and agree to this arrangement. In general,
review requests will be assigned to The Watershed Company and Grette Associates on an alternating basis.
Relationship to Comprehensive Plan: N/A
Recommendation: Staff recommends that the City Council authorize the Mayor to execute a contract with The
Watershed Company, for on-call critical areas review and consulting services.
Motion for consideration: “I move to authorize the Mayor to execute a contract with The Watershed Company,
for on-call critical areas review and consulting services.”
Fiscal Impact: A maximum of $70,000 from 2021-2023, depending on the amount of on-call services used. Third-
party review requests by permit applicants will be paid by the applicant; funds expended for City projects will be
from the DCD professional services budget.
Alternatives: Do not approve the contract; revise the contract.
Attachments: Resolution and Contract with The Watershed Company.
Page 12 of 58
RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT WITH THE WATERSHED COMPANY FOR
2021-2023 ON-CALL CRITICAL AREAS REVIEW AND CONSULTING SERVICES.
WHEREAS, on September 18, 2020, the City of Port Orchard Department of Community
Development sent a Request for Proposals (RFP) for on-call, third-party review of critical areas
reports and development proposals to three qualified firms on the MRSC personal services
roster; and
WHEREAS, the City received Statements of Qualifications from two firms, and on
November 6, 2020, after review of all qualifications, the City selected The Watershed Company
as one of the firms to provide on-call critical areas review and consulting services from 2021-
2023; and
WHEREAS, staff negotiated a contract for services including fees with The Watershed
Company, and finalized a professional services agreement on December 18, 2020; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute a
contract with The Watershed Company for 2021-2023 on-call critical areas review and
consulting services.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 12th day of January 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 13 of 58
City of Port Orchard and The Watershed Company
Professional Service Agreement Contract No. XXX
Rev 7/18/2019
1 of 13
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the 12th day of January 2021, by and between the City of
Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose
address is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the “CITY”)
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
and The Watershed Company, a corporation organized under the laws of the State of Washington,
doing business at:
750 Sixth Street South (hereinafter the “CONSULTANT”)
Kirkland, WA 98033-6715
Contact: Ryan Kahlo Phone: 425.822.5242
for professional services in connection with the following Project:
On-Call Consulting Services
TERMS AND CONDITIONS
1. Services by Consultant.
A. The Consultant shall perform the on-call services described in the Scope of Work attached
to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of
Work without prior written authorization from the City. In performing such services, the Consultant shall
at all times comply with all Federal, State, and local laws and regulations applicable to the performance of
such services. The Consultant shall perform the services diligently and completely in accordance with
professional standards of conduct and performance for Consultant’s profession.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services described in the Scope of Work in accordance
with the tasks identified within Exhibit “A” and the terms of this Agreement. If delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an
extension of time and/or additional budget is appropriate.
B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
Page 14 of 58
City of Port Orchard and The Watershed Company
Professional Service Agreement Contract No. XXX
Rev 7/18/2019
2 of 13
3. Terms. This Agreement shall commence on January 12th, 2021 (“Commencement Date”) and
shall terminate January 31, 2023 unless extended or terminated in writing as provided herein.
The City reserves the right to offer two (2) one-year extensions prior to contract expiration
to retain the selected company’s services.
4. Payment.
A. This Agreement does not guarantee any amount of work for the Consultant. The City shall
pay the Consultant an amount based on time and materials, not to exceed Seventy Thousand Dollars
($70,000.00) for the services set out on Exhibit “A” hereto, based on the list of hourly billing rates and
reimbursable expenses set forth in Exhibit “B”, attached hereto and incorporated herein by this reference.
This is the maximum amount to be paid under this Agreement for the work described in this Agreement
and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and
executed supplemental agreement.
B. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the City
for work performed to the date of the invoice.
C. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
D. The Consultant shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third-party agreement. Copies shall be made available on request.
E. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply
with all federal and state laws applicable to independent contractors, including, but not limited to, the
maintenance of a separate set of books and records that reflect all items of income and expenses of the
Consultant’s business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an employer-
employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance.
F. If the services rendered do not meet the requirements of the Agreement, the Consultant will
correct or modify the work to comply with the Agreement. The City may withhold payment for such work
until the work meets the requirements of the Agreement.
5. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City’s general right of inspection to secure the satisfactory
Page 15 of 58
City of Port Orchard and The Watershed Company
Professional Service Agreement Contract No. XXX
Rev 7/18/2019
3 of 13
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the term(s) of this Agreement to the
Consultant’s business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result
in ineligibility for further work for the City.
6. Relationship of Parties. The parties intend that an independent contractor-client relationship will
be created by this Agreement. As the Consultant is customarily engaged in an independently established
trade which encompasses the specific service provided to the City hereunder, no agent, employee,
representative or sub-consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub-consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work, the
City being interested only in the results obtained under this Agreement. None of the benefits provided by
the City to its employees, including but not limited to compensation, insurance, and unemployment
insurance, are available from the City to the employees, agents, representatives or sub-consultants of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents,
employees, representatives and sub-consultants during the performance of this Agreement. The City may,
during the term of this Agreement, engage other independent contractors to perform the same or similar
work that the Consultant performs hereunder.
7. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time for
public convenience, for the Consultant’s insolvency or bankruptcy, or the Consultant’s assignment for the
benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
C. Rights Upon Termination.
1. With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory work completed prior to the date of termination, not to exceed the total
compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost,
profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work
not performed because of such termination. The Consultant shall use its best efforts to minimize
the compensation payable under this Agreement in the event of such termination. Upon
termination, the City may take over the work and prosecute the same to completion, by contract or
otherwise.
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2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or which may be sustained, by the City by reason of such
default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses, and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination
shall be effective immediately upon the Consultant’s receipt of the City’s written notice or such date as
stated in the City’s notice of termination, whichever is later. Notice of suspension shall be given to the
Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the
anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in
Section 15 herein.
8. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill
and experience necessary to provide the services under this Agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by the Consultant under
this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
9. Ownership of Work Product.
A. All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant
pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents,
reports or other material or work of the Consultant for purposes other than those intended by the Consultant
in its scope of services under this Agreement shall be at the City’s risk.
B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant’s possession or known to it, or is rightfully
obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent
required by law, subpoena or other court order.
10. Work Performed at the Consultant’s Risk. The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents and sub-consultants in the performance of
the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at
the Consultant’s own risk, and the Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held by the Consultant for use in connection with the work.
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11. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorneys’ fees, to the extent caused by and arising out of or resulting from the
acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
12. Insurance. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant’s Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
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1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Workers’ Compensation Employer’s Liability each accident $1,000,000, Employer’s
Liability Disease each employee $1,000,000, and Employer’s Liability Disease –
Policy Limit $1,000,000.
4. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The Consultant’s insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Consultant’s insurance and shall not contribute with it.
2. The Consultant shall provide the City with written notice of any policy cancellation,
within two business days of their receipt of such notice.
3. The City will not waive its right to subrogation against the Consultant. The
Consultant’s insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant’s insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If any coverage is written on a “claims made” basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
The Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
13. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
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14. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407 Fax: 360.895.9029
CONSULTANT
Ryan Kahlo
750 Sixth Street South
Kirkland, WA 98033
Phone: 425.822.5242
15. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision’s true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor’s determination in a reasonable time, or if the
Consultant does not agree with the Mayor’s decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys’
fees from the other party.
16. General Provisions.
A. Non-waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City,
and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between
the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits
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attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of
the above documents are hereby made a part of this Agreement and form the Agreement document as fully
as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agreement shall prevail.
17. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income-level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant’s
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP.
4. Information and Reports: The Consultant will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City
or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Consultant’s noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
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1. withholding payments to the Consultant under the Agreement until the contractor
compl ie s; and/or
2. cancellin g, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions:The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant
w ill take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Consultant becomes involved in, or is threatened with litigation by a subcont ractor, or
supplier because of such direction , the Consultant may request the City to enter into any litigation
to protect the interests of the City. In addition, the Consultant may request the United States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth
above.
CITY OF PORT ORCHARD,
WASHING TON
___________________________
By: Robert Putaansuu, Mayor
ATTEST /AUTHENTICATE:
By: Brandy Rinearson , MMC
City Clerk
APPROVED AS TO FORM:
By: Charlotte A. Archer , City Attorney
CONSULTANT
______________________________________
Name: Hugh Mortensen
Title: President | Senior Ecologist
City of Port Orchard and The Watershed Company
Professional Service Agreement Contract No. XXX.
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APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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EXHIBIT A
Scope of Work
City of Port Orchard
Consulting Services On-Call
Statement of Understanding
This Contract for on-call Consulting Services is to supplement the capabilities of City of Port
Orchard staff by providing critical areas consulting services related to development applications
received by the City.
Specific work under this Contract will be performed by the Consultant on an individual task order
basis. A specific scope, budget, and schedule will be provided for each requested task order. The
Consultant is expected to respond promptly to task order requests.
PROJECT SCHEDULE
To be determined on a task order basis.
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7A Meeting Date: January 12, 2021
Subject: Adoption of a Resolution Appointing Katie Prepared by: Nicholas Bond, AICP
Quesada as the City’s Code Enforcement DCD Director
Officer as Established in Port Orchard Atty Routing No.: Development-Matter 11
Municipal Code Chapter 2.64 Atty Review Date: December 11, 2020
Summary: The City has hired Katie Quesada to be the City’s new code enforcement officer, effective
January 6, 2021. POMC Section 2.64.010 requires that the City Council appoint the code enforcement officer
by resolution. Staff has prepared a resolution for the Mayor’s signature to appoint Ms. Quesada to the code
enforcement officer position.
Relationship to Comprehensive Plan: N/A
Recommendation: Staff recommends that the City Council authorize the Mayor to sign a resolution
appointing Katie Quesada as the City’s code enforcement officer.
Motion for consideration: “I move to adopt a resolution appointing Katie Quesada as the City’s code
enforcement officer.”
Fiscal Impact: None
Alternatives: None
Attachments: Resolution.
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RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPOINTING KATIE QUESADA AS THE CITY'S CODE ENFORCEMENT
OFFICER, AND AS AUTHORIZED TO PERFORM CODE ENFORCEMENT
RESPONSIBILITIES AS ESTABLISHED IN CHAPTER 2.64 OF THE PORT
ORCHARD MUNICIPAL CODE.
WHEREAS, the City of Port Orchard has an obligation to protect the health, safety and
welfare of the community; and
WHEREAS, the City has established the position of code enforcement officer, whose
duties include investigating and taking action to ensure compliance with certain City regulations,
as enumerated in POMC 2.64.030; and
WHEREAS, POMC Section 2.64.010 requires that the City Council appoint the code
enforcement officer by Resolution; and
WHEREAS, the City of Port Orchard has hired Katie Quesada as the City’s new code
enforcement officer; 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: Katie Quesada is hereby appointed as the City’s code enforcement officer
pursuant to POMC 2.64.010, and is designated to perform code enforcement duties as
specified in the Port Orchard Municipal Code and any subsequent amending
ordinances and/or regulations thereto.
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 12th day of January 2021.
________________________________
Robert Putaansuu, Mayor
ATTEST:
_________________________________
Brandy Rinearson, MMC, City Clerk
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7B Meeting Date: January 12, 2021
Subject: Appointment of a Mayor Pro-Tempore Prepared by: Brandy Rinearson, MMC
for 2021 City Clerk
Atty Routing No.: N/A
Atty Review Date: N/A
Summary: Historically, the first meeting of each calendar year the Council nominates and appoints a
Mayor Pro-Tempore from the current Councilmembers. As a Code-city; the Council can biennially or
periodically appoint a Mayor Pro Tempore. The statute reads as follows:
RCW 35A.12.065 Pro tempore appointments. Biennially at the first meeting of a new council, or
periodically, the members thereof, by majority vote, may designate one of their number as mayor
pro tempore or deputy mayor for such period as the council may specify, to serve in the absence or
temporary disability of the mayor; or, in lieu thereof, the council may, as the need may arise,
appoint any qualified person to serve as mayor pro tempore in the absence or temporary disability
of the mayor. In the event of the extended excused absence or disability of a councilmember, the
remaining members by majority vote may appoint a councilmember pro tempore to serve during
the absence or disability.
The council desires to continue with the annual appointments of the Mayor Pro-Tempore.
Recommendation: Staff recommends a councilmember nominate a Mayor Pro-Tempore to serve for
2021.
Relationship to Comprehensive Plan: None.
Motion for consideration: I move to elect as the Mayor Pro-Tempore for
2021.
Fiscal Impact: N/A
Alternatives: N/A
Attachments: None
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7C Meeting Date:
January 12, 2021
Subject: Adoption of an Ordinance Ratifying the Prepared by: Charlotte Archer
Suspension of Portions of Title 10 City Attorney
Pertaining to Traffic Enforcement Due to Atty Routing No: 366922.0003 - Exec
COVID-19 Emergency Response and Relief Atty Review Date: N/A
Summary: In response to the COVID-19 pandemic and related emergency orders issued by federal, state
and local officials, in early April 2020 the Mayor re-assigned the City’s parking enforcement employees to
emergency management duties. In addition, at the direction of the Mayor, the City’s public works
department secured from use parking pay stations/meters in the City-owned / operated pay lots in the
downtown area. Due to limitations on staffing and the procurement of necessary sanitization
equipment, the concern was whether the stations/meters could be sanitized on a frequent-enough basis
to combat the spread of the COVID-19 virus. These actions were reversed in mid-June when staff could
return to regular duties and the City was able to procure sufficient materials. The result of these actions
was the temporary suspension of certain provisions in Title 10, Chapter 12, pertaining to Parking
Enforcement: fees for parking in pay lots were waived, and enforcement of restrictions associated with
those lots and other parking issues enforced by the parking enforcement team. The remaining members
of the police department continued to enforce the remaining sections of the City’s traffic ordinance,
including those associated with safety and ensuring disability parking was preserved. By this Ordinance,
the City Council would ratify the actions taken by the Mayor for the period of April 1, 2020 to June 15,
2020, and confirm the suspension of certain subsections of POMC 10.12 during this period.
Relationship to Comprehensive Plan: N/A
Recommendation: Staff recommends that City Council adopt an Ordinance Ratifying the Suspension of
Portions of Title 10, Chapter 12, pertaining to Traffic Enforcement due to COVID-19 Emergency Response
and Relief.
Motion for Consideration: I move to adopt an Ordinance Ratifying the Suspension of Portions of Title
10, Chapter 12, pertaining to Traffic Enforcement due to COVID-19 Emergency Response and Relief.
Fiscal Impact: Temporary suspension of permit parking/enforcement resulted in a small reduction in
collected fees for the period of April 1, 2020 to June 15, 2020.
Attachments: Ordinance.
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO PARKING ENFORCEMENT AND THE COVID-19
PANDEMIC; SUSPENDING PORTIONS OF TITLE 10, CHAPTER 12 OF
THE PORT ORCHARD MUNICIPAL CODE DUE TO EMERGENCY
CONDITION; PROVIDING FOR SEVERABILITY; ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, on February 29, 2020, the Governor of the State of Washington proclaimed
State of Emergency in Washington due to the spread of the novel coronavirus COVID-19; and
WHEREAS, that proclamation was immediately followed by directives from the World
Health Organization, President of the United States, and federal, state and local health officials,
confirming the existence of a pandemic threatening public health and safety; and
WHEREAS, on March 16, 2020, the Mayor of Port Orchard issued a Proclamation of Local
Emergency, which was extended by the Mayor on June 16, 2020, September 13, 2020, and again
on December 11, 2020; and
WHEREAS, shortly after each extension the Mayor’s actions have been ratified by the City
Council; and
WHEREAS, since the outset of this pandemic the Centers for Disease Control and
Prevention (CDC) has recommended “extensive community mitigation activities” to slow the
spread of, and minimize morbidity and mortality caused by, COVID-19; and
WHEREAS, the CDC and other health officials have identified protective measures
necessary for local governments, businesses and residents to take to prevent the spread of the
disease; and
WHEREAS, pursuant to the emergency powers vested in him under RCW 35A.34.140,
RCW 38.52.070(2), and RCW 39.04.280, in early April 2020 the Mayor dispatched the City’s
parking enforcement employees to perform duties associated with emergency management and
relief efforts; and
WHEREAS, in order to combat and mitigate the transmission of COVID-19, the Mayor also
directed Public Works staff to secure from use the parking permit machines located in the City
beginning in early April 2020 through mid-June 2020 when the City was able to secure all
necessary sanitization tools to regularly disinfect the machines; and
WHEREAS, by these actions, the Mayor temporarily suspended enforcement of some of
the parking restrictions set out in Title 10 of the Port Orchard Municipal Code, particularly those
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Ordinance No. _______
Page 2 of 3
exclusively enforced by the parking enforcement employees rather than all members of the
police department; and
WHEREAS, the City Council finds that it was in the best interest of the public health and
welfare, to temporarily suspend the regulations identified herein through the Mayor’s directives;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and
incorporated as findings in support of this Ordinance.
SECTION 2. Suspension. The City Council affirms the suspension of the provisions of the
following Chapters of the Port Orchard Municipal Code:
10.12.080 Parking Prohibited and restricted
10.12.085 Chain parking prohibited
10.12.090 Obedience to angle-parking signs or markings
10.12.140 Special passes
10.12.180 Obliterating tire markings
10.12.220 Violating permits for loading or unloading at an angle to the curb
10.12.580 Parking time limited on certain city parking lots
10.12.600 Parking passes
10.12.620 Parking passes - Rules
for the period of April 1, 2020 to June 15, 2020, and hereby ratifies all actions take prior to this
Ordinance that are consistent with the authorization set out in this Ordinance
SECTION 3. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener’s/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
SECTION 5. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect five (5) days after the date of publication. A summary
of this ordinance in the form of the ordinance title may be published in lieu of publishing the
ordinance in its entirety.
Page 32 of 58
Ordinance No. _______
Page 3 of 3
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 12th day of January 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
Charlotte A. Archer, City Attorney Jay Rosapepe, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 33 of 58
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7D Meeting Date: January 12, 2021
Subject: Adoption of a Resolution Amending Prepared by: Mark Dorsey, P.E.
Resolution No. 067-20 for the Purchase of Public Works Director
Storm Drainage Utility Remote Controlled Atty Routing No.: 366922.0009 - PW
Flail Mower for the Equipment Rental Atty Review Date: January 6, 2021
Revolving Fund No. 500
Summary: On December 15, 2020, the City Council approved Resolution No. 067-20, for the purchase of a
Storm Drainage Utility Remote-Controlled Flail Mower in the amount of $61,160. However, the applicable
sales tax was inadvertently omitted from that approval, as this was a purchase through the HGACBuy Roster,
a consortium out of Oregon. This resolution increases the approval to include the applicable sales tax.
Relationship to Comprehensive Plan: Chapter 7 – City Maintained Utilities
Recommendation: Staff recommends approving a Resolution, thereby amending Resolution No. 067-20, to
approve the purchase of a Storm Drainage Utility Remote-Controlled Flail Mower in an amount of $67,000
through the HGAC Buy Roster for Equipment Rental and Revolving Fund No. 500 and addition to the Fleet.
Motion for Consideration: I move to approve a Resolution, thereby approving the purchase of a Storm
Drainage Utility Remote-Controlled Flail Mower in an amount of $67,000 through the HGAC Buy Roster for
Equipment Rental and Revolving Fund No. 500 and addition to the Fleet.
Fiscal Impact: The Mower purchase of approximately $67,000 is within the limits of the 2019-2020 Biennial
Budget, with $50,000 coming from the Stormwater Capacity Grant, and the remaining $17,000 coming from
Equipment Rental and Revolving Fund No. 500.
Alternatives: Do not approve resolution and provide alternative guidance.
Attachments: Resolution, Purchase Order and Resolution No. 067-20.
Page 34 of 58
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING
RESOLUTION NO. 067-20, APPROVING THE PURCHASE OF A STORM DRAINAGE
UTILITY REMOTE-CONTROLLED FLAIL MOWER FOR THE EQUIPMENT RENTAL
AND REVOLVING FUND AND DOCUMENTING PROCUREMENT PROCEDURES.
WHEREAS, in effort to more efficiently maintain city-owned storm drainage mitigation
facilities (ponds & swales), Staff identified and tested a Remote-Controlled Flail Mower capable of
navigating difficult terrain; and
WHEREAS, on October 27, 2020, pursuant to Chapter 39.34 RCW, Staff located a vendor
for the remote-controlled flail mower on the HGACBuy Roster for $61,160.00, with $50,000
anticipated to come from the Stormwater Capacity Grant; and
WHEREAS, the current 2019-2020 Biennial Budget includes $1,413,725 for capital
purchases of vehicles and equipment for the Equipment Rental and Revolving Fund; and
WHEREAS, the proposed purchase is within budgeted authority; and
WHEREAS, the City Council has approved procurement policies which require City
Council authorization for purchasing items costing $35,000 or more; and
WHEREAS, the attached purchase order is for equipment that exceeds the $35,000
authorization limit; and
WHEREAS, the purchase order is for a Storm Drainage Utility Remote-Controlled Flail
Mower to enable the City’s Public Works Department to better meet the Department of
Ecology’s Storm Drainage Compliance Requirements; and
WHEREAS, by Resolution No. 067-20, the City Council approved of the purchase but that
approval did not include the full cost for the purchase because applicable sales tax was omitted;
and
WHEREAS, the City Council desires to authorize the purchase at the full cost; now,
therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of the Resolution.
THAT: The Port Orchard City Council hereby amends Resolution No. 067-20 to approve
of the purchase of a Storm Drainage Utility Remote-Controlled Flail Mower for the
Equipment Rental and Revolving Fund for an amount of $67,000. The City Council
Page 35 of 58
Resolution No. ___
Page 2 of 2
hereby ratifies all actions take prior to this Resolution that are consistent with the
authorization set out in this Resolution.
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 this 12th day of January 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 36 of 58
City of Poft Orchard
216 Prospect Street
Poft Orchard, WA 98366
(360) 876-4407
Attn: Accounts Payable
City Of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
PURCHASE ORDER
P.O. No. 029-20
Date: December 15, 2O2O
Ship To:
Unit Price Total
Subtotal
Tax (9.0%)
Est. Freight
Add'l Fees
BaI Due
RMT Equipment
892 NW Corporate Dr
Troutdale, OR 97050
503.667.5000
BillTo:
Ordered By:
Qtv Description
THIS ORDER IS A CONFIRMATION Yes
THIS ORDER IS NOT A CONFIRMATION
ACCOUNT CODE:
City
216
of Port Orchard
Prospect Street
Orchard, WA 98366Port
Dave Boltz
Public Works
City Signature
1 Green Climber LV300PRO Remote Controlled Machine with Tracks and $58,310,00 $58,310.00
Flail Mower
xSee attached proposal for more information*
IF TOTAL COST IS OVER $Z5OO,OO ATTACH PROCUREMETVT DOCUMENTS
x See attached quote for more detailsx
$58,310.00
Included
$2,580,00
$61,160.00
Page 37 of 58
@Te c h n o, o a v
CERTIFI CATE OF REGISTRATION
TRACTION UN IT & ATTACH MENTS
DELIVERY SERVICE AND OWNERSHIP RECORD
NO WARRANTY APPLICATIONS CAN BE PROCESSED WITHOUT PRIOR SUBMITAL OF EQUIPMENT REGISTRATION
PRODUCT DETAILS PURCHASE DATE:
TRACTION UNIT
MACHINE MOD rl:Lr/:3OoRRb C)SA)
ENG NE MODEL 3"3\E
iMET REMOTE MODEL
SERIAL NUMBER
SERIAL NUMBER:
SERIAL NUMBER:
ATTACHMENTS
1 MoDEL:Ji(k \15 sERTAL NUMBER:
2 M o D E L' r.rr.gc o -. Z. e,r,el.tSlN- tot\ t'oo S E R I A L N U M B E R :
$as8
a,Wffi@ a?G
3 MODEL: ....... SERIAL NUMBER: .........
4 MODEL: .......... SERIAL NUMBER: .......
The wananty period for the above machine shall be 1 year upon signed delivery of
equipment. Please consult your manual for details on the OEM diesel engine warranty
CUSTOMER DETAILS
Business Name
Address: a\
Phone:
E-mail:
6
c_
DEALER DETAILS
Dealer Name.
Sales Consultant
Date of Delivery:
Customer Signature Date 2-?
Dealer Signature Date 11-lr"' zezl-
Please complete and return to: zoe@qreenclimberna.com
CERTIFICATE OF REGISTRATION
TRACTION UNIT & ATTACHMENTS
DELIVERY SERVICE AND OWNERSHIP RECORD
,q-s
Technology Page 38 of 58
HA
lw00PF0 6f CUff ,lrG Att DTRECITOIIS
NOWNCH NEEDEDI
REMOT E.C ONT ROLLED SLO P E MOW ER
LV300 PRO is a Tier lV Final industrial, remote controlled slope mower
with a Yanmar Liquid Cooled Engine. The PRO offers extend-able tracks, shift-
able flail head, 2" cutting capacity AND an on-board battery charger.
'@.
__ t-.
'1140
1720 LBSDryWeight:
Flail Weight:375 LBS
Max Working Gradient:60 Degrees, All Directions
5.5 MPHSpeed:
Flail Speed:
Engine Model:
33OO RPM
Yanmar 3TNV80F (Tier 4 Final)
Engine Power:25 Hp
Engine Torque:85.9 Nm
Cooling Style:Liquid Cooled
Fuel Tank Capacity 5.6 Gallons
Flail Side Shift: 16 lnches L & R
Track Extension: 16 Inches
Remote Range 1,000 Ft
On-Board Batter Charger
Clean-Fix Automated Fan
Digital Computer with Maintenance Notifications
LV3OO PRO SPECI FICATIONS:
ENGI NE SPEC IFICATIONS:
ADDITIONAL FEATURES:
Page 39 of 58
+
Dave Boltz
City of Port Orchard
216 Prospect
Port Orchard, WA 98335
Phone: 360.535.2336
Email: dboltz@pilyolpqrtorclrald.us
In-bound freight and setup
Total
EOUIPMENT
nnTr
Proposal for City of Port Orchard
27 October 2020
Dave,
Thahk you for your time during our recent phone conversation. Please below the items we
discussed.
Equinment
I'IGAC National Contract Pricing
Green Climber LV300 PRO remote controlled machine with
tracks and flail mower, extendable 45" to 61" undercarriage,
hydraulic side shifting of accessory + / - 16", Yanmar 3TNV80F
water Cooled 3 cylinder Diesel Engine 25hp, Up to 1" diameter foliage
$58,310,00
$ 2.8s0.00
$61,160.00
Sales tax is not included.
F'ollow-up Asenda. Proposal good for 60 days.
By signing below, City of Port Orchard authorizes RMT to commit the above equipment.
Furthermore, City of Port Orchard accepts responsibility for any and all costs associated with
any cancellation charges that could be incurred.
Date
Schwabauer
Tenitory Manager
892 l{W Gorporate Drive - Troutdale, Oregon 97060 - Phone 503.667.50OO - Fax 503.667.5002
Salt Lake Gity - Boise - Hammett - Portland
Page 40 of 58
+EOUIPMENT
Ship To: IN STORE PICKUP
Invoice To: City of Port Orchard
2l-6 ProspecL
Port Orchard WA 98335
Attention: Dave Boltz
935 NW Corporate Drive #E
Troutdale, OR 97060
(503) 667-5000 . Toll Free (800) 606-9179
Fax: (503) 667-5002
www.rmtequ ipment.com
Please Remit To:
RMT Equipment
PO Box 57246
Salt Lake Citv, UT 84157
RMTT
Bra nch
07 PORTLAND, OR
Date
L2/1-4/2020
Time
15:20:15 (O)
Page
1
Accou nt No
PORTOo13
Phone No Inv No 63
E00389
Ship Via
DELIVERY
Purchase order
029 -20
Tax ID No
RICH SCHWABAUER
Sa lesperson
L25 / GB1,
EQUTPMENT TNVOTCE
Description Amount
HGAC Contract pricing
Flail Head, MDB, Model#TXL-115 s/n# 0208
Includes: Teather, Grease Gun w. pressure gauge, Extra
Remote Battery
Stock #: 02641-2 Serial #: 0024
New GE LV300PRO
NCW GREEN CLIMBER LV3OOPRO LV3OO PRO W/ TRACKS AND FLAIL
PRICE INCLUDES INBOUND FREIGHT AND SETUP
611_50.00
Subtotaf:
ON ACCOUNT:
6l_l-50.00
51160.00
1?r.DlD )m, tto ou1 &D
Terms: Due on receipt
All claimsforshortage,damage,etc.,mustbemadein30daysfromdateofdelivery. Sellerretainsownershipofmerchandiseuntil paymentisreceived. Parts
or assemblies will not be rece-ived for credit, if returned without our permission, but will be held for disposition of the sender for 30 days. All returns are subject
toal50,6restockingfee-All electrical partsandspecial orderitemsarenon-returnable. Buyeragreestopayall reasonablecollection.costs,includingattorney
fees. A service cha-rge of 1 .50,6 per month will be assessed on all past due invoices. Any equipment left over 60 days from repair completion will be sold.
Page 41 of 58
RESOLUTION NO. 067-20
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
THE PURCHASE OF A STORM DRAINAGE UTILITY REMOTE-CONTROLLED FLAIL
MOWER FOR THE EqUIPMENT RENTAL AND REVOLVING FUND AND
DOCUMENTING PROCUREMENT PROCEDURES.
WHEREAS, in effort to more efficiently maintain city-owned storm drainage mitigation
facilities (ponds & swales), Staff identified and tested a Remote-Controlled Flail Mower capable of
navigating difficult terrain; and
WHEREAS, on October 27,2020, pursuant to Chapter 39.34 RCW, Staff located a vendor
for the remote-controlled flail mower on the HGAC Buy Roster for 561,160.00, with 550,000.00
anticipated to come from the Stormwater Capacity Grant; and
WHEREAS, the current 2OL9-2020 Biennial Budget includes 5L,413,725 for capital
purchases of vehicles and equipment for the Equipment Rental and Revolving Fund; and
WHEREAS, the proposed purchase is within budgeted authority; and
WHEREAS, the City Council has approved procurement policies which require City
Council authorization for purchasing items costing 535,000 or more; and
WHEREAS, the attached purchase order is for equipment that exceeds the 535,000
authorization limit; and
WHEREAS, the purchase order is for a Storm Drainage Utility Remote-Controlled Flail
Mower to enable the City's Public Works Department to better meet the Department of
Ecology's Storm Drainage Compliance Requirements; now, therefore;
THE CITY COUNCIL OF THE CIW OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: lt is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of the Resolution.
THAT: The Port Orchard City Council approves of the purchase of a Storm Drainage
Utility Remote-Controlled Flail Mower for the Equipment Rental and Revolving Fund for
561,160.00. The City Council hereby ratifies all actions take prior to this Resolution that
are consistent with the authorization set out in this Resolution.
Page 42 of 58
Resolution No. 067-20
Page 2 of 2
THAT:
hereon
The Resolution shall take full force and effect upon passage and signatures
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 15th day of December 2020.
Robert P utaansuu, Mayor
ATTEST:
Brandy inearson, MMC, City Clerk
Page 43 of 58
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7E Meeting Date: January 12, 2021
Subject: Adoption of a Resolution Approving the Prepared by: Nicholas Bond, AICP
Selection of a Preferred Site for the South DCD Director
Kitsap Community Events Center Atty Routing No.: N/A
Atty Review Date: N/A
Summary: On December 8, 2020, the City Council reviewed a recommendation by the South Kitsap
Community Events Center (SKCEC) Steering Committee for a preferred site location for the SKCEC, and
directed staff to prepare a Resolution approving this site selection. The site, shown as Site Option A on
Exhibit 1 of the Resolution, is the current location of Kitsap Bank (APN #4650-011-001-0001).
Relationship to Comprehensive Plan: N/A
Recommendation: Staff recommends that the City Council authorize the Mayor to sign a resolution
approving the selection of Site Option A on Exhibit 1 as the preferred site for the South Kitsap Community
Events Center.
Motion for consideration: “I move to adopt a resolution approving the selection of Site Option A on Exhibit
1 as the preferred site for the South Kitsap Community Events Center.”
Fiscal Impact: None
Alternatives: Do not approve Site Option A as the preferred location for the SKCEC; direct the Steering
Committee to review other site options.
Attachments: Resolution.
Page 44 of 58
RESOLUTION NO. ___
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
THE SELECTION OF A PREFERRED SITE FOR THE SOUTH KITSAP COMMUNITY
EVENTS CENTER.
WHEREAS, selection of a preferred site for the South Kitsap Community Events Center
(SKCEC) is in Task 1 of the interlocal agreement between the City and the Kitsap Public Facilities
District (KPFD); and
WHEREAS, on July 28, 2020, the City of Port Orchard contracted with Rice Fergus Miller
(RFM) to serve as the City’s consultant to lead Phase 1 of the SKCEC project; and
WHEREAS, the City and RFM established a steering committee of City staff and elected
officials, the Kitsap Regional Library, the KFPD, the Port of Bremerton, Kitsap Transit, and the
South Kitsap School District, to review several sites in Port Orchard’s downtown for suitability
as the SKCEC location; and
WHEREAS, on November 25, 2020, after several meetings in which site selection criteria
were established and three preliminary site options were chosen, the steering committee
reviewed the site constraints and options for all three sites and selected Site Option A as the
preferred site (Exhibit 1) after a point-based assessment; and
WHEREAS, on December 8, 2020, RFM presented the preferred site to the City Council
at its regular meeting, and the Council requested that staff prepare a Resolution to approve the
selection of this site; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of the Resolution.
THAT: The City Council confirms the selection of a preferred site for the South Kitsap
Community Events Center shown as Site Option A on Exhibit 1, Kitsap County Tax
Assessor’s Parcel No. 4650-011-001-0001.
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 12th day of January 2021.
Page 45 of 58
Resolution No. ___
Page 2 of 3
________________________________
Robert Putaansuu, Mayor
ATTEST:
_________________________________
Brandy Rinearson, MMC, City Clerk
Exhibit 1: Site A – Current Kitsap Bank Site
Page 46 of 58
Resolution No. ___
Page 3 of 3
EXHIBIT 1
Page 47 of 58
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7F Meeting Date: January 12, 2021
Subject: Authorization for the Mayor to Sign Letter Prepared by: Brandy Rinearson, MMC
of Intent with Kitsap Bank Related to the City Clerk
Purchase of 619 Bay Street Atty Routing No.: 366922.0005 - Clerk
Atty Review Date: 01/07/2021
Summary: Earlier in tonight’s meeting, the property located at 619 Bay Street has been selected as the site
for the 24,000 square foot facility known as the South Kitsap Community Events Center. The facility is part of
a long-term downtown master plan that incorporates Kitsap Bank’s new headquarters, residential,
commercial, parking solutions and waterfront reclamation.
The City would like to submit a Letter of Intent (LOI) to Kitsap Bank which sets forth the City’s intent to enter
into an agreement for purchase of the property.
Recommendation: Staff recommends the City Council to authorize the Mayor to sign the Letter of Intent
with Kitsap Bank related to the purchase of 619 Bay Street.
Relationship to Comprehensive Plan: N/A.
Motion for consideration: I move to authorize the Mayor to sign the Letter of Intent with Kitsap Bank
related to the purchase of 619 Bay Street.
Fiscal Impact: N/A
Alternatives: None.
Attachments: Letter of Intent (LOI).
Page 48 of 58
CITY OF PORT ORCHARD
Mayor
216 Prospect Street, Port Orchard, WA 98366
Voice: (360) 876-4407 • Fax: (360) 895-9029
rputaansuu@cityofportorchard.us
www.cityofportorchard.us
December 29, 2020
Steven Politakis
Chief Executive Officer
Kitsap Bank
619 Bay Street, Port Orchard WA 98366
Dear Mr. Politakis:
On behalf of the City of Port Orchard, I am pleased to submit this Letter of Intent (“LOI”) on
behalf of the City with respect to the purchase of real property located at 619 Bay Street, in the
City of Port Orchard, Washington, Kitsap County Tax Parcel No. 4650-011-001-0001 (the
“Property”). This letter sets forth the City’s intent to enter into an agreement (“Purchase
Agreement”) with Kitsap Bank (“Seller”) for the purchase of the Property. By executing below,
Kitsap Bank would be evidencing an intent to participate in the sale, subject to a negotiated price
and negotiated Purchase Agreement/terms.
PROPERTY: The Property is the fee simple real property interest in 619 Bay Street,
in the City of Port Orchard, Washington, Kitsap County Tax Parcel No.
4650-011-001-0001, consisting of 0.57 acres of land and 10,080 square
feet of existing improvements.
PURCHASE PRICE: To be determined by the parties upon receipt of appraisal(s) (“Purchase
Price”).
CONTRACT: Seller and Purchaser shall use best efforts to negotiate and execute a
Purchase Agreement for the sale of the Property on terms and conditions
mutually acceptable to Seller and Purchaser and consistent with this LOI
within on hundred and eighty days (180) days, contingent on City
Council approval. A draft form of Purchase Agreement will be provided
by Purchaser.
ACCESS: Purchaser and its agents and contractors shall have reasonable access to
the Property with a minimum of 48-hour prior notice to Seller so that
they can conduct an appraisal, various tests, and inspections which are
standard in the industry.
PROPERTY MATERIALS: All pertinent documents, including without limitation, property
studies, leases, contracts, financial statements, and inspection reports, to
Page 49 of 58
Page 2 of 3
the extent Seller is in possession of the same and/or Seller is legally
entitled to possess the same, will be made available to Purchaser by
Seller at the request of Purchaser after the signing of this LOI.
PROPERTY “AS IS”: Purchaser will accept the Property in its “as is” condition, subject to
complete, marketable, clean title, and environmental conditions (if any)
that Purchaser may identify.
ACKNOWLEDGEMENT: Purchaser is aware that Seller will require ample time to
design/construct and relocate into a new headquarters building, prior to
exiting the current building on the subject property. (Kitsap Bank
Headquarters/Main office) If closing were to occur prior to the Sellers
completion of its New Headquarters/Main office then Buyer and Seller
agree that Seller will be able to Lease back, under mutually acceptable
terms, until such a time as an orderly move into its new
Headquarters/Main office can be accomplished.
PRE-CLOSING: Upon signing of the Contract, Seller will not sign any new agreement
affecting the Property which would survive the sale without the prior
written approval of Purchaser.
EXCLUSIVITY: After the mutual execution of this LOI, Purchaser shall have the
exclusive right to negotiate to buy the Property for a period of [180]
days. During this time, Seller and its agents/brokers shall stop
soliciting, talking, negotiating, or signing of any document in writing
with any other potential Purchasers or third parties about the
selling/purchasing/leasing of the Property unless approved in writing in
advance by Purchaser.
NON-BINDING: Subject to the terms of this LOI, no party to the proposed transaction
will be under any legal obligation with respect to the proposed
transaction or any similar transactions, and no offer, commitment,
estoppel, or undertaking or obligation of any nature whatsoever shall
exist or be implied in fact, law or equity, unless and until a formal
written Contract providing for the transaction containing in detailed
legal form the terms and conditions of the transaction has been executed
and delivered by all parties intended to be bound. At any time, subject
to the terms of this LOI either Purchaser or Seller may terminate
discussions regarding the Property and decline to negotiate the Contract.
GOVERNING LAW: This LOI will be governed by the laws of the State of Washington,
without regard for its conflict of law’s provisions. This LOI may be
executed and delivered in any number of counterparts, each of which
shall be an original, but all of which together shall constitute one
instrument. This LOI may be executed and delivered by facsimile or
Page 50 of 58
Page 3 of 3
electronic signature and as such, shall be treated as an original instrument.
Please confirm your agreement with the terms of this LOI by signing in the space provided on the
following page and returning a signed copy to the undersigned. If you have any questions please
feel free to contact the undersigned.
This LOI shall be considered valid through 07-11-2021. If both parties agree this LOI may be
extended due to unforeseen circumstances.
This LOI sets forth proposed terms of a real estate purchase. Nothing herein shall be deemed
to create a binding obligation on either party unless and until a purchase and sale agreement
containing terms and provisions satisfactory to each party has been executed by the parties.
The City’s execution of such an agreement is contingent on approval by the City Council of
Port Orchard.
AGREED TO BY:
PURCHASER/CITY OF PORT ORCHARD
By: ______________________________
Rob Putaansuu, Mayor
Date: ____________________________
SELLER
By: ______________________________
Name: ____________________________
Date: ____________________________
Page 51 of 58
City of Port Orchard
Council Meeting Minutes
Regular Meeting of December 15, 2020
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Councilmember Ashby Absent
Councilmember Chang Present via Remote Access
Councilmember Clauson Present via Remote Access
Councilmember Cucciardi Present via Remote Access
Councilmember Diener Present via Remote Access
Councilmember Lucarelli Present via Remote Access
Mayor Pro-Tem Rosapepe Present via Remote Access
Mayor Putaansuu Present via Remote Access
Staff present via Remote Access: Finance Director Crocker, Public Works Director Dorsey, HR
Manager Lund, Police Chief M. Brown, City Attorney Archer, Utility Manager J. Brown, and City Clerk
Rinearson.
Mayor Putaansuu stated pursuant to the Governor’s Stay at Home, Stay Safe order, the City Council
will be conducting the meeting via Zoom this evening.
A. PLEDGE OF ALLEGIANCE
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
MOTION: By Councilmember Cucciardi, seconded by Councilmember Rosapepe, to add a Business
Item 7H, Resolution 067-20 for Purchase of a Storm Drainage Utility Remote Controlled Flail Mower,
and to move 7E as 7B (Business Items).
The motion carried.
MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to approve the
agenda as amended.
The motion carried.
Page 52 of 58
Minutes of December 15, 2020
Page 2 of 6
3. CITIZENS COMMENTS
There were no citizen comments.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 81079 through 81135, including bank drafts in the amount of $
83,292.79 and EFT’s in the amount of $8,122.45 totaling $91,415.24.
B. Approval of Payroll Check Nos. 81075 through 81078 including bank drafts and EFT’s in the
amount of $152,020.83; and Direct Deposits in the amount of $185,838.07 totaling $337,858.90.
C. Adoption of a Resolution Approving Mayoral Appointment for Boards, Committee, Commissions
(Resolution No. 068-20)
D. Approval of a Contract with LaCross & Murphy, PLLC for Public Defender Services (Contract No.
016-21)
E. Adoption of a Resolution Adopting the 2021 City Council Meeting Schedule (Resolution No. 069-
20)
F. Adoption of a Resolution Approving a Contract with Hart Crowser, Inc. for 2021-2023 Third-Party
Geotechnical and Hydrological Consulting Services (Resolution No. 063-20 and Contract No. 008-
21)
G. Adoption of a Resolution Approving a Contract with Grette Associates, LLC for 2021-2023 On-Call
Critical Areas Review and Consulting Services (Resolution No. 070-20 and Contract No. 094-20)
H. Approval of a Contract with Kitsap County Sheriff’s Office for Mutual Aid and Traffic Safety Task
Force (Contract No. 017-21)
I. Excusal of Councilmember Ashby Due to Personal Reasons
MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the
consent agenda as published.
The motion carried.
5. PRESENTATION
There were no presentations.
6. PUBLIC HEARING
There were no public hearings.
7. BUSINESS ITEMS
A. Adoption of a Resolution Approving a Contract with AtWork! Commercial Enterprise LLC for
2021 Various Areas Landscaping Maintenance
MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt Resolution
No. 061-20, thereby authorizing the Mayor to execute Contract No. C007-21 with AtWork!
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Minutes of December 15, 2020
Page 3 of 6
Commercial Enterprise LLC for 2021 Various Areas Landscaping Maintenance Services in the amount
of $31,601.28.
The motion carried.
(Resolution No. 061-20 and Contract No. 007-21)
B. Approval of Change Order No. 31 to Contract No. 037-17 with Active Construction, Inc. for the
Tremont Street Widening Project-Closeout
MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to authorize the Mayor
to execute Change Order No. 31 with Active Construction, Inc. in a deductive amount of $130,591.85
for project closeout.
The motion carried.
C. Adoption of a Resolution Approving Agreement No. 6 to Contract No. 071-16 with WSP USA
(formerly Berger ABAM) for the Final Closeout of the Tremont Street Widening Project CACM
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt Resolution No.
059-20, thereby approving Supplemental Agreement No. 6 to Contract No. C071-16 with WSP USA
in the amount of $130,591.85 for services rendered on the Tremont Street Widening project’s
construction administration/construction management.
The motion carried.
(Resolution No. 059-20)
D. Adoption of a Resolution Approving a Contract with MurraySmith, Inc. for the 2020-2021
McCormick Village Park Splash Pad Value Engineering Project & Documenting Procurement
Procedures
MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to adopt Resolution
No. 055-20, thereby authoring the Mayor to execute Contract No. C090-20 with Murraysmith, Inc.
in the amount of $24,180 for the 2020-2021 McCormick Village Park Splash Pad Retrofit Value
Engineering Project.
The motion carried.
(Resolution No. 055-20 and Contract No. 090-20)
E. Approve and Ratify the Mayor’s Third Extension of Proclamation of Local Emergency
Pursuant to RCW 38.52.070
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Minutes of December 15, 2020
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MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, to approve of and ratify
the Mayor’s Third Extension of the Proclamation of Local Emergency, dated the 11th of December
2020, pursuant to Port Orchard Municipal Code 2.80.210 and RCW 38.52.070.
The motion carried.
F. Approval of a Memorandum of Understanding with Teamsters Local 589 representing Police
Support Staff regarding the Community Health Navigator
MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to authorize the Mayor
to sign a Memorandum of Understanding with Teamsters Local Number 589 representing Police
Support Staff relating to the newly established position of Community Health Navigator.
The motion carried.
(MOU No. 4 to Contract No. 017-19)
G. Approval of the December 8, 2020, City Council Meeting Minutes
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the Council
meeting minutes of December 8, 2020.
The motion carried. Councilmember Cucciardi abstained.
H. NEW: Adoption of a Resolution Approving the Purchase of a Storm Drainage Utility Remote
Controlled Flail Mower for the Equipment Rental Revolving Fund No. 500
MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to approve
Resolution No. 067-20, thereby approving the purchase of a Storm Drainage Utility Remote-
Controlled Flail Mower in the amount of $61,160 through the HGAC Buy Roster for Equipment Rental
and Revolving Fund No. 500 and addition to the Fleet.
The motion carried.
(Resolution No. 067-20)
8. DISCUSSION ITEMS (No Action to be Taken)
A. RMSA Required Training for 2021
Mayor Putaansuu noted Council can pick which training they would like to take in 2021.
After a brief discussion, Council agreed to participate in Generational Differences training.
9. REPORTS OF COUNCIL COMMITTEES
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Minutes of December 15, 2020
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Mayor Putaansuu reported the Finance Committee is scheduled to meet January 12th. The Utilities
Committee is scheduled to meet January 19th. The Land Use Committee is scheduled to meet January
13th. The Transportation Committee is scheduled to meet January 26th.
Councilmember Diener reported on the December 9th Land Use Committee meeting.
10. REPORT OF MAYOR
The Mayor reported on the following:
• Community Events Center;
• Marina Pump Station drilling;
• Personnel Policy updates; and
• Working WA Grants.
11. REPORT OF DEPARTMENT HEADS
City Clerk Rinearson reported the Clerk’s office is closing out the year and preparing for 2021. Also,
in response to Mayor Putaansuu, she noted the Laserfiche public portal will be live on the City’s
website within the next couple days.
Police Chief Brown, Public Works Director Dorsey, HR Manager Lund, City Clerk Rinearson, City
Attorney Archer, and Finance Director Crocker all thanked the Mayor, Council and staff for their
support over the past year.
12. CITIZEN COMMENTS
There were no citizen comments.
13. EXECUTIVE SESSION
There was no executive session.
GOOD OF THE ORDER
Councilmember Lucarelli stated the Chimes and Lights Committee is scheduled to meet January 11th
and at the KEDA [Kitsap Economic Development Alliance] meeting, it was noted there was
considerable growth throughout Kitsap County.
Councilmembers voiced their support of staff through the past year and wished everyone happy
holidays.
Councilmember Chang urged everyone to walk along Bay Street and the waterfront at night as the
trees are lit, and decorations are up.
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Minutes of December 15, 2020
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Councilmember Lucarelli thanked public works for making the town beautiful and said to listen for
chimes music on December 24th and December 25th.
14. ADJOURNMENT
The meeting adjourned at 7:30 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Discussion Item 8A Meeting Date: January 12, 2021
Subject: 2020 Festival of Chimes and Lights Prepared by: Brandy Rinearson, MMC
City Clerk
Atty Routing No.: N/A
Atty Review Date: N/A
Summary: Councilmember Lucarelli will be providing an overall discussion of the 2020 Festival of Chimes and
Lights and downtown tree decorating contest.
The downtown tree contest winners are:
First Place Winners:
Best Vintage Tree – Port Orchard Market #48
Most Creative Tree – Many Paths Acupuncture #3
Best Business Representative Tree – Scott McLendon’s Hardware #7
Second Place Winners:
Best Vintage Tree – Carters Chocolates #53 & #54
Most Creative Tree – Community Rock Love in Port Orchard #45
Best Business Representative Tree – Port Orchard Police Department #25
Third Place Winners:
Best Vintage Tree – The Bowers Family #40
Most Creative Tree – Port Orchard Eagles Aerie 2338 #32
Best Business Representative Tree – Rills Life Tribute Center #18
Honorable Mention:
Best Vintage Tree – Port Orchard Helpers #31
Most Creative Tree – Salon Pettirosso #36
Best Business Representative Tree – Kitsap Auto Outlet #58
Relationship to Comprehensive Plan: N/A.
Fiscal Impact: None
Alternatives: None
Attachments: None
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