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01/26/2021 - Regular - PacketCity of Port Orchard Council Meeting Agenda January 26, 2021 6:30 p.m. Pursuant to the Governor’s “Stay Home - Stay Safe” Order, the City will take actions on necessary and routine business items. The City is prohibited from conducting meetings unless the meeting is NOT conducted in-person and instead provides options for the public to attend through telephone, internet or other means of remote access, and also provides the ability for persons attending the meeting (not in-person) to hear each other at the same time. Therefore; Remote access only Link: https://us02web.zoom.us/j/81718575084 Zoom Meeting ID: 817 1857 5084 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 Granting Final Plat Approval for McCormick Village (Bond) Page 4 D.Adoption of a Resolution Approving the Purchase of Equipment for the Equipment Rental Revolving Fund 500 (Crocker) Page 27 E.Approval of Amendment No. 1 to Contract No. 046-20 with Summit Law Group for Legal Services Related to Labor Negotiations and Relations to Set 2021 Rates Retroactive to January 1, 2021 (Lund) Page 34 F.Approval of Amendment No. 4 to Contract No. 023-17 with the Washington State Military Department for the Port Orchard Storage Building (M. Brown) Page 60 5.PRESENTATION 6.PUBLIC HEARING 7.BUSINESS ITEMS Mayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby (Mayor Pro-Tempore) 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 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 26, 2021, Meeting Agenda Page 2 of 3 A.Adoption of an Ordinance Amending Port Orchard Municipal Code Chapters 20.200 and 20.204 Concerning 2018 Building Code and Fire Codes (Bond) Page 63 B.Adoption of a Resolution Approving a Contract with SH&H Valuation and Consulting for Appraisal Service at Parcel #4650-011-001-0001 and Documenting Procurement Procedures (Dorsey) Page 70 C.Adoption of a Resolution Approving a Contract with Herrera Environmental Consultants, Inc. for the 2021 Stormwater and Watershed Comprehensive Plan – Phase I and Documenting Procurement Procedures (Dorsey) Page 85 D.Adoption of a Resolution Approving an Agreement with the Department of Revenue for Business License Services (Crocker) Page 116 E.Approval of Change Order No. 1 to Contract No. 020-20 with GGLO, LLC for the Downtown County Subarea Plan (Bond) Page 128 F.Approval of Memorandums of Understanding with the Guild Representing Patrol Officers and the Guild Representing Sergeants Regarding Annual Vacation Carryover (Lund) Page 169 G.Approval of the January 12, 2021, City Council Meeting Minutes Page 170 8.DISCUSSION ITEMS (No Action to be Taken) A.Donation Policy for Public Spaces Accessories (Mayor) Page 175 B.Department of Emergency Management (DEM) Funding Related to COVID-19 Response (Mayor) Page 191 C. Gorst Coalition Memorandum of Understanding (Mayor) Page 197 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 agency litigation. The session duration will be announced prior to the executive session. 14.ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance February 16, 2021; 5:00pm – 3rd Tuesday of each month Remote Access Economic Development and Tourism February 8, 2021; 9:30am – 2nd Monday of each month Remote Access Utilities February 9, 2021; 5:00pm - 2nd Tuesday of each month Remote Access Sewer Advisory TBD, 2021 Remote Access Land Use February 10, 2021; 4:30pm Remote Access Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations. January 26, 2021, Meeting Agenda Page 3 of 3 Transportation January 26, 2021; 5:00pm; 4th Tuesday of each month Remote Access Lodging Tax Advisory March, 2021 Remote Access Festival of Chimes & Lights February 22, 2021; 3:30pm Remote Access Outside Agency Committees Varies Varies CITY COUNCIL GOOD OF THE ORDER City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Meeting Date: January 26, 2021 Subject: Adoption of a Resolution Granting Final Prepared by: Nick Bond, AICP Plat Approval for McCormick Village DCD Director Atty Routing No.: 366922.0011 - PW Atty Review Date: January 21, 2021 Summary: Quadrant Corporation, a successor owner to Doug Skrobut and GEM 1, LLC, of property identified as McCormick Village (a portion of McCormick North Phase III), submitted an application for final plat approval for the McCormick Village project. The City of Port Orchard Hearing Examiner was granted preliminary plat approval with conditions on October 20, 2010. A Mitigated Determination of Non-Significance for McCormick Village was issued on September 20, 2010. The applicant subsequently revised the preliminary plat approval for McCormick North Phase III through two plat minor modifications, approved by the Department of Community Development Director on January 17, 2012 and May 30, 2019. The final plat for the McCormick Village subdivision creates 88 single-family residential lots and seven tracts, consisting of common open space, recreational space and stormwater facilities which is consistent with the conditions established by the October 20, 2010 Preliminary Plat Decision and September 20, 2010 Mitigated Determination of Nonsignificance, as amended on January 17, 2012 and May 30, 2019. The applicant has installed or bonded for roadway illumination, roads, sidewalks, landscaping, water and sewer, and storm drainage improvements, and the City has received acceptable bonds guaranteeing completion of any improvements not yet completed. Streets within this final plat are for public use and will be accepted into the City’s road system. Recommendation: Adoption of a resolution, granting approval of the final plat of Plat of McCormick Village. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for Plat of McCormick Village. Fiscal Impact: Income from building permit fees, ongoing maintenance of public infrastructure. Alternatives: Approval with added conditions. Attachments: Resolution, Plat map, Department of Community Development Approval Letter, Public Works Approval Letter, South Kitsap Fire and Rescue Approval Letter, Landscaping Performance Bond, and Bill of Sale. Page 4 of 208 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR A 88-LOT AND SEVEN-TRACT PLAT KNOWN AS MCCORMICK VILLAGE. WHEREAS, property owner Doug Skrobut, on behalf of GEM1 LLC, (hereinafter “Applicant”), has submitted an application for final plat approval of a phase of the McCormick North Phase III project known as McCormick Village on undeveloped property located in the City of Port Orchard (hereinafter “the Property”); and WHEREAS, in 2010, the Applicant submitted an application for preliminary plat approval for the McCormick North Phase III to subdivide 129 acres into 159 single-family lots and related tracts, including the McCormick Village phase; and WHEREAS, on October 20, 2010, after a duly-noticed public hearing to review the proposed development, the City of Port Orchard Hearing Examiner approved the Preliminary Plat for the McCormick North Phase III; and WHEREAS, the Property is subject to a Development Agreement, recorded on December 21, 2010; and WHEREAS, on January 17, 2012, the City of Port Orchard Development Director approved a Minor Plat Amendment to the McCormick North Phase II preliminary plat; and WHEREAS, on May 30, 2019, the Development Director approved a second Minor Modification to a portion of McCormick North Phase III preliminary plat; and WHEREAS, the Property was sold to the Quadrant Corporation in 2020; and WHEREAS, on September 8, 2020, the Applicant, in conjunction with Quadrant Corporation, submitted an application seeking final plat approval for the portion of McCormick North Phase III preliminary plat known as McCormick Village, for the subdivision of 88 single- family residential lots, seven tracts, and public right-of-way; and WHEREAS, City staff has reviewed the proposed final plat for compliance with the Port Orchard Municipal Code, and recommends approval subject to adequate bonding/securities in place to ensure the completion of remaining work in the event the Applicant should fail to comply with the terms of the preliminary plat approval; and WHEREAS, the Director of Public Works has determined that the proposed means of sewage disposal and water supply are adequate as constructed or bonded, and recommends approval of the final plat; and WHEREAS, the City Engineer recommends approval of the final plat; and Page 5 of 208 Resolution No. ______ Page 2 of 2 WHEREAS, the City Community Development Director recommends approval of the final plat; and WHEREAS, the South Kitsap Fire and Rescue District recommends approval of the final plat; and WHEREAS, the Applicant has secured bonds guaranteeing completion of the improvements required by the Preliminary Plat Approval; and WHEREAS, the City Council finds that the McCormick Village plat conforms to all terms and conditions of the preliminary plat approval, as approved by the Hearing Examiner, and that said subdivision meets the requirements of Chapter 58.17 RCW and other applicable state laws and local ordinances; and WHEREAS, the City Council finds that McCormick Village conforms to the applicable zoning requirements and Port Orchard’s Comprehensive Plan; 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 the final plat for McCormick Village, as illustrated and as legally described in Exhibit A, attached hereto; and THAT: The McCormick Village subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval, unless the City Council finds that a change in conditions has created a serious threat to the public health or safety in the subdivision. 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 Clerk in authentication of such passage this 26th day of January 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 6 of 208 Page 7 of 208 Page 8 of 208 Page 9 of 208 Page 10 of 208 Page 11 of 208 Page 12 of 208 Page 13 of 208 Page 14 of 208 CITY OF PORT ORCHARD Development Director 216 Prospect Street, Port Orchard, WA 98366 Phone: (360) 874-5533  Fax: (360) 876-4980 planning@cityofportorchard.us www.cityofportorchard.us January 4, 2021 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for McCormick Village LU20-PLAT FINAL-01 Dear City Council: In accordance with RCW 58.17.150(2), I hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the conditions in the City of Port Orchard Hearing Examiner Decision dated October 20, 2010, the subsequent administrative minor plat amendment decisions issued by the City of Port Orchard Development Director on January 17, 2012 and May 30, 2019, and the conditions of the Mitigated Determination of Non-Significance dated September 20, 2010. The subdivision complies with all terms and conditions of the approved preliminary plat that are within the authority of the Department of Community Development. I therefore recommend approval of the final plat. Sincerely, Nicholas Bond, AICP City Development Director Page 15 of 208 Page 16 of 208 Commissioners: Miche Eslava  Dave Gelsleichter  Paul Golnik  Gerald Preuss  Dusty Wiley Fire Chief Jeff Faucett 1974 Fircrest Drive SE Port Orchard, WA 98366 360-871-2411 Office www.skfr.org or like us on Facebook 360-871-2426 Fax City Council January 5,2021 City of Port Orchard 216 Prospect Street Port Orchard WA 98366 RE: Recommendation of Approval of Final Plat for McCormick Village Dear City Council: In accordance with RCW 58.17.150(2), I hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the conditions in the City of Port Orchard Hearing Examiner decision and conditions. The subdivision complies with all terms and conditions of the approved preliminary plat that are within the authority of South Kitsap Fire and Rescue. I therefore recommend approval of the final plat. Sincerely, Bradley Wiggins Deputy Fire Marshal South Kitsap Fire and Rescue Page 17 of 208 . '\ CITY OF PORT ORCHARD LAND SCAPE PERF ORM AN CE BOND Name of Project McCormick Village (FKA McCormick Woods North Pb 3) Project Location Feigley Road Wand SW Yarrow Street Project/Application# PW 18-014 and PW 18-015 Performance Bond Amount $346,767 -~--------------- Bond # 30098116 Premium: $1,283 / Annually Know all men by these presents: That whereas the City of Port Orchard, State of Washington has issued a permit to Quadrant Homes (Contractor) hereinafter designated as the "Principal" a permit for the construction of the project designated McCormick Village , Port Orchard, Washington all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and The Continental Insurance Company (Surety), a corporation, organized and existing under and by virtue of the laws of the State of Pennsylvania , duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Port Orchard, Washington, in the sum of: _T.:....:h.;;.r=ee.:....;_:h=un:...:,;d=r=ed~fo:..:..rt:.,.y...::-s=ix.:....;t::..;h=ou=s=a=n=d-=s=e-'-'ve=n.:....:hc:.:u=n=d.:....:re=d:.....:s=ixt~y--=-s=ev.:....:e:..:..n=------ Dollars ($ 346,767 ) 150% Total Contract A mount lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and material men, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or their part, and shall indemnify and save harmless the City of Port Orchard, Washington, their officers and agents from any claim for such payment; and shall further save harmless and indemnify said City of Port Orchard, Washington, from any claims relating to defect or defects in any of the workmanship entering into any part of the work or designated equipment covered by said contract. Once the work has been completed and accepted by the City of Port Orchard this Performance Bond will be released and replaced with a 2 year Maintenance Bond not to exceed the sum of: Two hundred eighty-eight thousand nine hundred seventy-three Dollars ($ 288,973 ) 12 5% Total Contract Amount. This hold harmless and indemnification agreement shall survive the expiration of this bond. City of Port Orchard Landscape Performance Bond Page 1 of2 Page 18 of 208 And the said surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two (2) counterparts thereof to be signed and sealed by their duly authorized officers this 3rd day of November , 20 �- Quadrant Homes �;�� Signa re d:a.M, \'0-e y}to Yl?tj Printed /� VP nY'ah� Title ATTEST: The Continental Insurance Company �; e �� Sign�, Michelle Haase Printed Attorney-in-Fact Title Name and Address oflocal office/agent of Surety Company: Lockton Insurance Brokers, LLC 600 University Street, Suite 1900 Seattle, WA 98101 By��:.=_=::::-.______L��Signat e Michelle Haase Senior Account Manager -Irvine, CA Office Title City of Port Orchard Landscape Performance Bond Accepted by the City of Port Orchard this _11th_ day of December , 2020. By: ____________ Title: Community Development Director---------------- Page 2 of2 Page 19 of 208 A LL - P U R P O S E C E R T IF IC A T E O F A C K N O W L E D G M E N T A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of __ 0_1_·a_ng_e _ NOVO 3 ,2020 On before me, Janina Monroe, Notary Public ------------ --------?l"(H""er"'e""in..,.,se'""rt,..,,n..,.,am""'e,..,a"'"n-:rd t"",tlcce"'ol""th,..,,e-olf"",c,,.,e"""r) _ } personally appeared Michelle Haase -------------------------------- who proved to me on the basis of satisfactory evidence to be the person~whose name~ is/~~ subscribed to the within instrument and acknowledged to me that ~she/~)( executed the same in ~~/her/~j( authorized capacity(i~, and that by l,J~her/mr signature~,:.on the instrument the person()lx or the entity upon behalf of which the person~xacted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date _ (Notary Public Seal} AD ITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE A TT ACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER □ Individual (s) □ Corporate Officer (Title) □ Partner(s) IX! Attorney-in-Fact □ Trustee(s) 0 Other _ 2015 Version www,NotaryClasses.corn 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and al/ached to the document, Acknolwedgents from other stales may be completed for documents being sent lo that state so long as the wording does not require the California notary to violate California notary law. • State and County inform ation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public), • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (Le. JIB /she/~ is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherw ise complete a different acknowledgment form, • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document, ❖ Indicate title or typ e of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (Le, CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Page 20 of 208 PO WE R O F A TT O RN E Y A P PO IN TI N G IND IV ID U A L A TT O RN E Y -IN -FA C T Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Janina Monroe, Tom McCall, Paul Boucher, Jennifer Ochs, Martha Barreras, Michelle Haase, Adriana Valenzuela, Individually of Los Angeles, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day of October, 2020. ········ -~ii·!\~\. 1NS<ik~:• •• !:t - ."¥~\ :I: _,. n: ::z:o , ;:; o: \o = f: ·a,., ,.: ···~ ..._~.- ····•·! .. ••"· The Continental Insurance Company Paul T. Bruflat State of South Dakota, County of Minnehaha, ss: On this 20th day of October, 2020, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. J. MOHR I ~NOTAR YPU BUC~ ~souniOAl<OTA~ My Commission Expires June 23, 2021 JMo(J7Y7~c CERTIFICATE I, D. Johnson, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereofl have hereunto subscribed my name and affixed the seal of the said insurance company this 3rd day of November, 2020. The Continental Insurance Company <Q. D. Johnson Assistant Secretary Form F6850-4/2012 Go to www.cnasurety.com >Owner/ Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity. Page 21 of 208 ' I Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. "RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective. This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April, 2012. "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"), Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." Page 22 of 208 . ' CNASURETY Digital Seal Authority and Enforceability This communication is being provided on behalf of all CNA Surety companies, including Western Surety Company, Continental Casualty Company, The Continental Insurance Company, American Casualty Company of Reading, Pennsylvania, and National Fire Insurance Company of Hartford (collectively and individually referred to as "CNA Surety"). The use ofan electronic image of the corporate seal of any CNA Surety company (the "Digital Seal") and the attachment of the Digital Seal to any surety bond issued by a CNA Surety company is authorized. Each CNA Surety company ackn owledges and agrees that the Digital Seal may be affixed to any CNA Surety bond and relied upon to the same extent as if a raised corporate seal were physically attached to the bond. Delivery of a digital copy of this Digital Seal Authority and Enforceability notice, executed electronically, to an Obligee or Obligee's representative shall constitute effective execution and delivery of this notice and shall have the same legal effect as delivery ofa tangible original of the notice with my original "wet" signature. In Witness Whereof, this has been executed by the Vice President and Surety General Counsel for each of the CNA Surety companies. Dated this 31st day of March, 2020. Rosemary Quinn Vice President and Surety General Counsel on behalf of Western Surety Company The Continental Insurance Company Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Page 23 of 208 BILL OF SALE THlSBlLLoFSALEismadeandexecutedthis-dayof-,2021,w and between The Quadrant Corporalion.A Washington Corporation, WITNESSETH: That the Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby conveys, sets over, assigns, transfers and delivers and wanants to the City of Port Orchard ownership in the following described personal property situated in Kitsap County, State of Washington, and installed by the Grantor to date, TO WIT: Public Roadways, Sewer and Storm Systems as Shown on the Approved Mcoormick Village Plans (FKA McCormick Woods North Ph lll) under Permits PW18-014 and PW18-015 and Relerenced in Attached Exhibit A The Grantor hereby warrants that it is the lawful and sole owner of all the personal property above conveyed, that such items are free from all liens and encumbrances, that the Grantor has the full power to convey and transfer the same, and that the Grantor will defend the same against the claims and demands of any and all persons laMully making claims thereto. The Grantor further warrants that the execution of this Bill of Sale is an authorized act of said Grantor. Datedat BJ/.vuz , Washington, tnis (a/ aay otC)&nuarLl ,20 21 GRANTOR: ( The Quadrant Corporation ) By P.e:;&,-/-Its:k Print Name <)Aq*. Wonc4,:) [Remainder of page intentionally left blank] P:\Surdr 6m\BilloiSalcapprovcd by Ini$in A(y\Bdl ot SaL Mder Fom hereinafter called the "Grantor" and the City of Port Orchard, a Municipal Corporation, hereinafter called the "Grantee." 0) Page 24 of 208 STATE OF WASHINGTON ) )s )couNrYoF Vl,tl/t U r\ri.t1/,i li1,1,,VOn th is day of 6meT;fwn The Quadrant Corporation , a Washin gton corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. o ir" n, na " r.Xun$$.1{. Wrq" n t-'-'\g;i':18;t 2 =-- .'lo.- o-.n1lRY ". Z 2 i.-" k;C $;"=i zz$!i:.,1,r*e.rg.!r$S "'4,?,f,,Y$:-\i*t seal this Ll dav-------.1-of 20il. )+ N ota ry U n ashington, residing in My commission expires Dated at Port Orchard, Washington, this _ day of ,20 CITY OF PORT ORCHARD By: Mark R. Dorsey, PE, Public Works Director STATE OF WASHINGTON SS COUNTY OF KITSAP On this day and year above personally appeared before me, Mark R. Dorsey, who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Port Orchard for the uses and purposes therein mentioned, and on oath states he is authorized to execute the said instrument. Given under my hand and official seal this _ day of ,20 Notary Public in and for the State of Washington, residing in- My commission expires_ hs@ry 6m\Bin of S.k\a9pov.d by Inldio Alty\B of Sale Mads Fom zod oebre me personally appeared to be the Vice President o, IL Page 25 of 208 Non Taxable otv Item UM Total Qty Taxable Qty Tax Total E DlP Slom 506.0044.00 506.00 Unit Price Ext Price (Tot Qty.Price) 1 870.50 101.640.00 IS CPEP Slom 24,624.OO 29 565.00 Type I CB 50 600.00 Type lL CB 4 200.00 Type ll CB - 48"40 320 00 1A.O24.AO 2.500.00 Publi. Sewer System Cornecr To Eristinq Se@r EA 8" PVC 32 50 3.437.00 3.437.00 97.969.20 3 793.20 6.562 00 6 562 00 19.669 60 Raise Castng To FinalLin 20 437.54 1.273.50 15.423.50 21 14 150 00 241,A5a.00 46.75 83.570.30 48" SSMH EA 4125.00 46.352.25 Raise Serer Casllig To FnalGrade 625 00 56 25 681.25 EA 350.00 8.00 2,800 00 915.90 Ofl6it 4.510.00 280.00 405 90 ?15.20 Rolled Concrete Curb & Guner 15.50 4,850.00 4 850 00 75,175.00 75,175.00 Vertcal Concrete Culb and Gutler 14.00 2.715.OO 2 715.O4 38.010.00 38.010.00 Concrele Trafi dBamer Curb 25.00 165 00 165.00 4,125.00 4,125.AA Asphalt Pasno - 3" HMA Class 1/2' SY 18.10 13.335.00 13 335.00 241 363.50 241,363.50 Concrere Sidewalk - 4" Thlck SY 36.90 1.040.00 1 040.00 38,376.00 38.376.00 DrveMy Aprcns - 6 rhck 3.255.00 3 255.00 143.545 50 r43.545.50 Slreel Slqns and Stripinq LS 28.510 00 1.00 1.00 28,510 00 28.510.00 14.00 531,705.00 EA 900.00 581.705.00 PUBLIC 442 - E ------ EXHIBIT A McCORMICK VILLAGE PUBLIC UTILITY and ROADWAY CONSTRUCTION COSTS 12'cPEoSbm I ll- | 35.00 | 2.90?.00 | | 2so..oo I 10164000 8', (]O .65 OO | | ,65 OO I re 5o5 OO :-. | .n0 n .ml | .iool !:r:cc !. | ,,ho(f r,nnl | .r0ol af3z:rL Lr I 4oo 450600l I 45obool r8D24oc rAl 6r.ao aool | 1.ool 15oooo T ,1264 ooT-------- ---l 22,264.OO 48" SSMH I EA I 1745 00 I 24001 2100 V.nlre serer cledois I EA I 58o.oo | 6.00 | 6.00 rAl br500l 30001 30.00 | | r8.7s0ool 168750 9 oo | 9.oo I | 42 525.0a | 3 821 25 I | 2s2.oo I 3,052.00 rA I 625 oo | '.00 I r.00 |t- B.ooT ffi LF t----------_--T-tt I 111 7nr 50 I 10 nSl r:rI --f---------- -- I 8988000 I 808S20 I l48a0nl I r8o4s5ol 1624 to 121,755.73 SY I 44.10 LF Page 26 of 208 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 26, 2021 Subject: Adoption of a Resolution Approving the Prepared by: Noah Crocker Purchase of Equipment for the Finance Director Equipment Rental Revolving Fund 500 Atty Routing No.: 366922.0007 – Finance Atty Review Date: January 21, 2021 Summary: The City Council adopted the 2021-2022 Biennial Budget, which included $709,000 for the purchase of vehicles and equipment for the Equipment Rental and Revolving Fund 500. The City’s Procurement Policies require City Council approval for purchases costing $35,000 or more. The equipment listed in the proposed resolution is within the limits of the Biennial Budget and meets the City’s fleet standardization policies. The proposed Resolution is to provide the City Council’s approval of the vehicle purchases in accordance with the procurement procedures established by the City Council. Recommendation: Staff recommends approving the Resolution as proposed. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to adopt a Resolution, providing City Council approval of the purchase of vehicles and equipment in accordance with the City’s fleet standardization policies and the 2021-2022 Biennial Budget.” Fiscal Impact: Estimate Cost: ~$ 94,000 Alternatives: Do not approve resolution and provide alternative guidance. Attachment: Resolution and Purchase Order No. 005-21 Page 27 of 208 RESOLUTION NO. ___ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF VEHICLES FOR THE EQUIPMENT RENTAL REVOLVING FUND. WHEREAS, the City Council has approved Ordinance No. 035-20, approving the 2021-2022 Biennial Budget; and WHEREAS, the 2021-2022 Biennial Budget includes $709,000 for capital purchases of vehicles and equipment for the Equipment Rental and Revolving fund; 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 the purchase of vehicles in an amount that exceeds the $35,000 authorization limit; and WHEREAS, the purchase orders are for vehicles that meet the fleet standardization policy as adopted by the City Council, and are consistent with the 2021-2022 Biennial Budget; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves the purchase of all vehicles listed in the purchase orders attached hereto in Exhibit A. The Mayor or his designee is authorized to take action consistent with this authorization. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 26th day of January 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 28 of 208 City of Poft Orchard 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 Columbia Ford 7OO7th Avenue Longview, WA 98632 360-423-4321 Ext: 187 BillTo: Attn: Accounts Payable City Of Poft Orchard 216 Prospect Street Port Orchard, WA 98366 PURCHASE ORDER P.O. No. 005-21 Date: January 1.gt 2O2L Ship To: City of Poft Orchard 216 Prospect Street Poft Orchard, WA 98366 Ordered By:Pzea tr( Gretchen Isaksson Finance City Clerk Signature Unit Price Total 2 Police Vehicles 2 202I Ford Police Interceptor AWD Pursuit-Rated Utility/SUV $43,107.00 $86,214.00 xSee attached documentation and quote for more information* rF TOTAL COST rS OVER $Z5OO.OO ATTACH PROCUREMEtT DOCUMEIVTS x See attached quote for more detailsx THIS ORDER IS A CONFIRMATION Yes THIS ORDER IS NOT A CONFIRMATION ACCOUNT CODE: Subtotal Tax (8.4%) Est. Freight Add'l Fees Bal Due $86,214.00 $7,24t.98 $93,445.98 Page 29 of 208 Qott ogcH4p_ Equipment Rental & Revolving Fund 202L Purchase *Purchase Order Cost do not reflect all-inclusive final vehicle cost as there will be minor miscellaneous outfifting cost (City logo, lights, licensing, radios, etc.) Replacements & Additions 2021 Budeet 2021 Actual* Department Vehicle/Equipment Estimated Purchase Cost Purchase Order Cost Police Ford Interceptor s56,000 s46,727.99 Police Ford Interceptor $56,000 946,727.99 Total $ 1 12,000 $93.45s.98 Page 30 of 208 Donna Main From: Sent: To: Cc: Subject: NOREPLY@des.wa.gov Tuesday, January 12,2021 9:21 AM Donna Main noreply@des.wa.gov Vehicle Quote - 2021-1-320 - PORT ORCHARD, CtTy OF - 21802 Dealer Contact: Marie Tellinghiusen Dealer Phone: (360) 423-4321 Ext: 187 Dealer Email : orders@colford.com Vehicfe Quote Numben 2O2!-L-32O Create purchase Request Vierr,v organi4Alion pulEhAse_fgquesls This is a quote only. You must create a purchase request to order this vehicle(s) Contract & Dealer Information Contract #: 05916 Dealer: Columbia Ford (W403) 700 7th Avenue Lonsview WA 98632 Organization Information Organization: PORT ORCHARD, CITY OF - ZL$}Z Email : dmain@cityofportorchard. us Quote Notes: Vehicle Location: PORT ORCHARD Color Options & Qty Agate Black (UM) - 1 Tax Exempt: N Vehicle Options Order Code Option Description 2021-0521-001 2021 Ford Police Interceptor AWD pursuit-Rated utility/suV (K8A/500A) 2021-0521-002 INFORMATION ONLY: Columbia Ford offers a g300 prompt payment discount if payment is remitted within 20 days of vehicle delivery. 2O2L-052L-0LZ Alternative Hybrid (HEV) Engine System [318 HP (combined system Hp), 285 Hp (gas engine) @ 6500 RPM, 260 tb.-ft. Torque @ 4000 RpM) (6840# GVWR, 1670 # payload, 5000# Towing Capacity, Z,+in Ground Clearance) [Includes 3.31 V6 Direct-Injection Hybrid Engine System, Lithium-ion battery eacf(does not intrude into the cargo area), police calibrated high-performance regenerative braking system, DC/DC converter 220-Amp (in lieu of alternator), H7 AGM Battery - 800 CCA i B0-Amp, l9-Gal-lon FuelTan( 8-Year/100,000-Mile Hybrid Unique Component Warrantyl (Not compatible witn'l.Ot- V6 EcoBoost option)(99W44B) 2021-0521-015 Front Headlamp Lighting Solution [Includes Pre-wire for Grille LED Lights, Siren and Speaker #60A; LED Low Beam/High Beam Headlamp, Wig-Wag function and Red/Blue/W-hite LED side waining iights ldriverside White/Red, passenger side White/Blue); Wiring, LED lights are included; Controller noi iictuaiOl(Included with Ready for the Road Package) (when ordered as a stand-alone option, recommend also ordering Ultimate Wiring package #67U) (66A) 2021-0521-016 Rear Lighting Solution [Includes two (2) backlit flashing linear high-intensity LED lights (driver side red/passenger side blue) mounted to inside liftgate glass; two (2) backlit flashing linear nigh-intensity LED lights (driver side redlpassenger side blue) installed on inside tip of liftgate (lights acti-vate when llftgate is open); LED lights only; Wiring and controller not includedl (Included with neady for the Road Qty Unit Price Ext. Price . I1 $32,879.00 932,879.00 ; $0.00 $0.00 1 $3,518.00 $3,518.00 1 $892.00 $892.00 1 $4s4.00 $454.00 Page 31 of 208 Package #67H) (When ordered as a stand-alone option, recommend also ordering Ultimate Wirlng Package #67U) (66C) 202I-052I-0t7 Tail Lamp/Housing Only (Includes pre-existing holes with standard twist lock sealed capability) (does not 1 include LED strobe) (Not available with Tail Lamp Lighting Solution #668 or Ready for the Road Package #67H) (86r) 2021-0521-019 Police Wire Harness Connector Kit - Front/Rear (For connectivity to Ford PI Package Solutions) IFRONT 1 includes two (2) male 4-pin connectors for siren, five (5) lemale 4-pin connectors for lighting/siren/speaker, one (1) 4-pin IP connector for speakers, one (1) 4-pin IP connector for siren controller connectivity, one (1) B-pin sealed connector, one (1) 14-pin IP connectorl IREAR includes one (1) z-pin connector for rear lighting, one (1) 2-pin connector, six (6) female 4-pin connectors, six (6) male 4-pin connectors, one (1) l0-pin connectorl (67V) 2021-0521-020 Front Warning Auxiliary LED Light (Driver side - Red / Passenger side - Blue) (Located below head lamps, above bumper fascia) (Must also order Pre-Wiring for Grille Lamp, Siren and Speaker #60A) (211) $60.00 $60.00 $18s.00 $18s.00 1 $s48.00 $548.00 2021-0521-021 Side Marker LED, Sideview Mirrors (Driver side - Red / Passenger side - Blue) (Located on backside of exterior mirror housing) (LED lights only. Wiring and controller are not included.) (Must also order Pre- wiring for grille lamp, siren and speaker #50A) (638) 202t-052I-022 Rear Quarter Glass Side Marker LED Lights (Driver side - Red / Passenger side - Blue) (631) 202!-0521-023 Front Interior Visor Light Bar (LED) (Super low-profile warning LED light bar fully integrated into the top ol the windshleld near the headliner. Fully programmable. Red/Red or Blue/Blue operation. White Take Down and Scene capabilities,) (96W) 2021-052I-026 Interior Upgrade (lncludes lst/2nd row carpeting, carpeted floor mats, rear cloth seats, center tloor console w/ cupholders) (Also includes SYNC3: enhanced voice recognition communications and entertainment system,4.2in color LCD screen in center-stack smart display, AppLink, 911 Assist) (retains column shifter) (deletes standard console mounting plate between front seats) (Not available with Ready for the Road #67H, Ultimate Wiring #67U or Rear Console Plate #B5R) (May be combined with Front Visor/Rear Spoiler Light options) (65U) 2021-0521-028 Pre-Wiring for Grille LED Lights, Siren and Speaker (60A) 2021-0527-079 Siren/Speaker 100 Watt (includes bracket & pigtail) (1BX) 2021-0521-031 Switchable Red/White Lighting in Cargo Area (deletes 3rd row map light) (17T) 2021-0521-033 Dark Car Feature (courtesy lamp disable when any door is opened) (Not available with Daytime Running 1 Lights #942) (43D) 2021-0521-034 Police Engine Idle Feature (when activated, allows the key to be removed from ignition while vehicle remains idling, which allows driver to leave the engine running and prevenfs vehicle from unauthorized use when driver is outside of the vehicle) (47A) 2021-0521-035 Badge Delete (deletes Police Interceptor badging on rear liftgate and Interceptor badging on front hood 1 when ordered with EcoBoost engine) (16D) 2021-0521-036 BLIS Blind Spot Monitoring with Cross-Traffic Alert (Includes manual fold-away heated mirrors) (ssBls4z) 202L-0521-043 Reverse Sensing System (76R) 2021-0521-044 Perimeter Anti-Theft Alarm (activated by hood, door or liftgate - when unauthorized entry occurs, system 1 will flash the headlamps, parking lamps and sound the horn) (Must also order Remote Keyless Entry #55F) (Not available with Fleet Keyed Alike optlon) (593) 1 1 $289.00 $289.00 $s74.00 $1,141.00 $s74.00 $1,141.00 1 $389.00 $389.00 $s0.00 $s0.00 1 $314.00 $314.00 I $50.00 $s0.00 $2s.00 $2s,00 1 $2s9.00 $2s9.00 $0.00 $0.00 1 $s43.00 $s43.00 1 $27s.00 $275.00 1 2 $119.00 $119.00 Page 32 of 208 202l-0521-046 Pre'Collision Assist with Pedestrian Detection (Includes Forward Colllsion Warnlng and Automauc Emergency Braking and unique dlsable switch for Law Enforcement use) (Not available with Front Interior Visor Lightbar #96W) (76p) 1 $144,00 $144.00 2021-0521-048 Remote Keyless Entry with Four (4) FoBSffransmitters (includes Liftgate Release Button) (Does not include Keyless Fntry Door Keypad) (If ordered with Fleet Keyed Alike option, fobs are unique and are not fobbed-allke) (55F) I $339.00 $339,00 2021-0521-057 Wheel covers (18in full face wheel covers) (651)1 $60.00 $60.00 202L-052L-072 Class uI Trailer Tow Lighting Package (Includes 4-pin and 7-pin connectors and wtring) (Class III Trailer 1 Hitch Receiver w/ 5000# maximum tow capacity ls standard equipment) (52T) NOW STANDARD EQUIPMENT Quote Totals $0.00 $0,00 Total Vehlcles: I Sub Total: 943,107.00 8.4 o/o Saleg Taxl 93,620.99 Quote Totah $46,727.99 3 Page 33 of 208 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 26, 2021 Subject: Approval of Amendment No. 1 to Contract No. Prepared by: Debbie Lund 046-20 with Summit Law Group for Legal HR Manager Services Related to Labor Negotiations and Atty Routing No.: 366922.008 – HR Relations to Set 2021 Rates Retroactive to Atty Review Date: January 21, 2021 January 1, 2021 Summary: In April 2020, the City entered into a contract with Summit Law Group, PLLC to provide legal services related to labor negotiations and relations. The initial contract included the firm’s rates for 2020 and a provision calling for a future amendment to reflect the 2021 rates. In November 2020, the City was advised by Summit of their proposed hourly billing rates for 2021. The 2021 rates reflect a $5 per hour increase for most members of the Summit Law Group. One professional (Dan Swedlow) reflects a $10 per hour increase. This request is to approve the amendment and make the increased rates retroactive to January 1, 2021. The City has used the services of Summit Law Group in January 2021. Recommendation: Staff recommends the Council approve Amendment No. 1 to Contract 046-20, to set the hourly billing rates for 2021. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to authorize the Mayor to execute Amendment No. 1 to Contract No. 046-20 with Summit Law Group to set the 2021 billing rates. Fiscal Impact: It is anticipated that this rate increase will be absorbed by the budgeted dollar amounts for legal services. Alternatives: Not approve this request and provide alternative guidance. Attachments: Contract 046-20, Amendment No. 1 thereto (with substitute Exhibit A to Contract No. 046-20, billing rates for 2021). Page 34 of 208 CITY OF PORT ORCHARD CONTRACT FOR PROFESSIONAL SERVICES Amendment No. 1 to Contract No. 046-20 THIS First Amendment to Contract No. 046-20, is made effective the 1st day of January, 2021, by and between the City of Port Orchard, a Washington municipal corporation (“City”), and Summit Law Group (“Consultant”) whose principal office is located at 315 5th Ave. South, Suite 1000, Seattle, Washington 98104. WHEREAS, the parties hereto have entered into Contract No. 046-20 (“Agreement”) for professional services, and desire to update the terms of the agreement to reflect Consultant’s 2021 billing rates; NOW, THEREFORE, in consideration of the terms and provisions hereof, the parties agree as follows: Attachment 1 hereto is substituted as Exhibit A to Contract No. 046-20, to reflect Consultant’s 2021 billing rates. In all other respects, the Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth below. CITY OF PORT ORCHARD, WASHINGTON By:_______________________ Rob Putaansuu, Mayor Date:______________________ SUMMIT LAW GROUP By:________________________________ Sofia Mabee, Partner Date:_______________________________ ATTEST/AUTHENTICATED: By:_______________________ Brandy Rinearson, MMC, City Clerk Page 35 of 208 SOFIA D. MABEE DID: (206) 676-7112 EMAIL: sofiam@summitlaw.com Via email: dlund@cityofportorchard.us January 4, 2021 Mayor Robert Putaansuu City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Engagement Letter Dear Mayor Putaansuu: Thank you for considering hiring Summit Law Group to represent the City of Port Orchard with regard to labor and employment matters. We will represent the City’s interests vigorously and do our very best to be prompt, thoughtful and practical in everything we do on its behalf. If you have not yet had an opportunity to view the background of Summit Law Group, please take a moment to visit our website (www.summitlaw.com). Summit Law Group was founded on the principle that a modern law firm should be focused on its customers, not its lawyers. We designed Summit to be leaner, more efficient and more customer-responsive than traditional law firms. We want to form productive working partnerships with our customers, delivering a better product at greater value. Fee Arrangements. We will build a working partnership with you to enable you to maintain control over the scope and cost of the City’s legal work. We are especially interested in fee arrangements that provide incentives for us to be cost effective and that reward us for superior results. Unless we agree otherwise, however, we will charge for our services by the billable hour. We encourage you to consider and suggest other ways of measuring the value of our services during the course of our relationship. Whether you choose to be billed by the hour, or some other fee arrangement, we, unlike any other law firm we know of in the country, invite the City to pay in accordance with its perception of the value of our legal services. To that end, within 30 days of our invoice, you are free to adjust our billed amount—upward or downward—based on your perception of the value that you have received. At present, my current hourly rate applicable to this engagement is $335. The billing rates and contact information of the Summit team members who are available to assist with this engagement are included in the Appendix to this letter. Page 36 of 208 Mayor Putaansuu January 4, 2021 Page 2 Unless otherwise agreed in writing, we will provide you with full itemized electronic billing information on a monthly basis, including people working on your engagement, their hours and rates and a detailed description of services performed. Payment of our bill is due upon receipt of our invoice and bills not paid within thirty (30) days of the date of the invoice will accrue interest at a rate of 1% per month. We do not charge for telephone, photocopying, computerized legal research, local travel, or other costs that are properly part of our cost of doing business. We charge our actual costs for out-of-town travel and meals, working meals, and other vendor expenses (e.g., for high volume photocopying, courier and messenger services and other extraordinary expenses). We also charge for certain third-party vendor expenses related to document processing and discovery, electronic or otherwise (which may include the use of artificial intelligence). Our billings are monthly, unless otherwise agreed. Attached to this letter is an Appendix that includes additional terms of this engagement. Together, this letter and the Appendix constitutes the agreement between you and us regarding our professional services. If the terms of our representation as described above and in the Appendix are acceptable, please date and sign this letter where indicated below and return it to me via mail, facsimile or electronic mail. This agreement will take effect on the date of your signature or when we first perform services, whichever is earlier. Sincerely, SUMMIT LAW GROUP, PLLC Sofia D. Mabee AGREED AND ACCEPTED: City of Port Orchard By Title Dated Page 37 of 208 APPENDIX TO ENGAGEMENT LETTER OF SUMMIT LAW GROUP, PLLC The term “you” below refers to the client in this engagement. If the client is an entity, then we have addressed the accompanying engagement letter to the client’s authorized representative, but the term “you” below refers to the entity client. IDENTITY OF CLIENT. In representing a client which is an entity, we do not thereby also separately represent affiliates or other constituents of the entity, nor do we separately represent the owners, officers, directors, founders, managers, members, partners, fiduciaries, or employees of the entity in their individual capacities or with respect to their individual affairs. We will rely upon you to inform them of this fact where appropriate. Unless we agree otherwise in writing, we do not by virtue of our representation of you also represent any entity that controls you, is controlled by you or is under common control with you. We will look to the addressee of the engagement letter for our instructions on behalf of the entity, unless you inform us otherwise in writing. SCOPE OF ENGAGEMENT. The scope of this engagement is described in the accompanying engagement letter. The scope of our engagement may change if you ask us to provide different or additional services and we agree in writing to provide them or we actually proceed to provide them and bill you for them. If our engagement changes, the terms set out in the accompanying engagement letter and this Appendix will apply to the changed engagement, unless we enter into a further agreement modifying this one. Our engagement may be terminated by either one of us upon written notice to the other. SUMMIT TEAM ASSIGNED TO THIS ENGAGEMENT. At Summit Law Group, we assign a team to your engagement. Your team includes the individuals listed below: Professional Direct Dial Email Hourly Rate Sofia Mabee (206) 676-7012 sofiam@summitlaw.com 335 Otto Klein (206) 676-7034 ottok@summitlaw.com 360 Rodney Younker (206) 676-7080 rody@summitlaw.com 360 Shannon Phillips (206) 676-7092 shannonp@summitlaw.com 335 Beth Kennar (206) 676-7068 bethk@summitlaw.com 335 Kristin Anger (206) 676-7023 kristina@summitlaw.com 335 Mike Bolasina (206) 676-7006 mikeb@summitlaw.com 335 Seth Bernsten (206) 676-7020 sethb@summitlaw.com 335 Dan Swedlow (206) 676-7024 dans@summitlaw.com 330 Quinn Oppenheim (206) 676-7106 quinno@summitlaw.com 320 Page 38 of 208 Professional Direct Dial Email Hourly Rate John Lee (206) 676-7057 johnl@summitlaw.com 290 Rachael Curtis (206) 676-7022 rachaelc@summitlaw.com 280 Laura Davis (206) 676-7017 laurad@summitlaw.com 265 Hathaway Burden (206) 676-7040 hathawayb@summitlaw.com 265 Eva Sharf (206) 676-7013 evas@summitlaw.com 240 We may in the future add other professionals to your team depending on the time and experience required by your matters, which may include contract personnel with appropriate credentials to complete certain work under our supervision. We will charge you for the time of these individuals at rates established by us based on their experience and expertise, the same as we do for our employees and partners. BILLING AND PAYMENT. We review and make changes to our hourly rates from time to time, usually on an annual basis. Changes may or may not apply across the board to all timekeepers. Timely payment in full is a condition to our continuing provision of services. You agree that we may suspend or terminate our services and may withdraw from this engagement in the event our fees and other charges are not timely paid, subject to applicable rules governing attorney withdrawal. In extreme cases, we may pursue recovery of unpaid fees through collection actions or litigation. If our engagement is terminated by either you or us for any reason, you will remain obligated to pay us all fees and other charges properly incurred up to the termination date. Although on occasion we will in good faith attempt to estimate in advance the fees and costs of an engagement, we are not bound by any such estimate unless agreed in writing. Also, we are not obligated to revise, amend or correct any such estimate if subsequent developments make it inaccurate. If we have more than one client in this engagement, then each is jointly and severally obligated to pay us unless we agree otherwise in writing. Any outside arrangements you may have for allocation, reimbursement, insurance, indemnification or the like will not relieve you of your obligation to pay amounts due. CONFLICT CHECK. At the beginning of each engagement we conduct a review of potential conflicts of interest to ensure compliance with the Rules of Professional Conduct, using names that you have provided. As we move forward, please be sure to immediately provide us with any new or different names of adverse or interested parties so that we may update our conflict check. Page 39 of 208 COMMUNICATIONS WITH SUMMIT. Our communications with you may include legal advice and information that is protected by the attorney-client privilege, the work product doctrine, or other protections from disclosure. To maintain these privileges and protections, both you and Summit must take reasonable measures to safeguard the confidentiality of our communications. Please be aware that if you reveal information to a third party, including by communicating with us on an email system accessible by a third party or on a mobile device that you do not control, protections of privilege and confidentiality may be lost. You should also be aware that there may be circumstances in which we have an independent ethical duty to reveal privileged information. FRAUD PREVENTION. During the course of our engagement, there may be a need or desire to arrange for the electronic transfer of funds to Summit or to other parties. In the event that you receive a request for a funds transfer, wire transaction, or other matter involving your financial accounts or your account at Summit, please confirm the legitimacy of the request verbally with a known contact at Summit before you proceed with the transaction. OWNERSHIP AND RETURN OF FILES. By executing our engagement letter, you agree that the files generated or accumulated as a result of our representation belong to Summit Law Group. If you desire an electronic copy of the files at the conclusion of our representation, you will be provided with an electronic copy of the files. Under our document retention policy, we normally destroy client records, including electronic records, seven years after the conclusion of a matter unless other arrangements are made or the nature of the matter requires a longer retention period. E-mails that are duplicative, routine or otherwise not part of the client file may be destroyed before the end of the seven-year period, without prior notice to you. DISPUTE RESOLUTION AND ARBITRATION. If you become dissatisfied with any aspect of our relationship, including the quality or adequacy of our representation, you agree to bring that to our attention, and we each agree to negotiate in good faith to resolve the matter. If we cannot reach agreement, we each agree to comply with any mandatory dispute resolution procedures that apply to any such dispute. If such applicable mandatory dispute resolution procedures have been completed or waived, and a dispute still exists between us, we each agree that the dispute will be submitted for mediation under the rules of JAMS. If such mediation fails, and a dispute still exists between us, we each agree that the dispute will be submitted to binding arbitration under the rules of JAMS. In arbitration, there is no right to a trial by jury and the arbitrator’s legal and factual determinations are generally not subject to appellate review. By signing this agreement, you acknowledge that the agreement to arbitrate results in a waiver of your right to a court or jury trial for any fee dispute or malpractice claim. This also means that you are giving up your right to discovery and appeal. If you later refuse to submit to arbitration after agreeing to do so, you may be ordered to arbitrate pursuant to the provisions of Washington law. You acknowledge that before signing this agreement and agreeing to binding Page 40 of 208 arbitration, you are entitled to, and have been given, a reasonable opportunity to seek the advice of independent counsel. Page 41 of 208 CITY OF PORT ORCHARI) CONTRACT FOR PROFESSIONAL SERVICES Contract No. 046-20 This Agreement is entered into by and between the City of Port Orchard, a Washington municipal corporation ("City"), and Summit Law Group ("Consultant") whose principal office is located at 315 5th Ave. South, Suite 1000, Seattle, Washington 98104. WHEREAS, the City has determined the need to have certain services performed for the residents of the City of Port Orchard, requiring specific expertise, and WHEREAS, the City desires to have the Consultant perform such services pursuant to certain terms and conditions, NOW THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Consultant. The Consultant shall perform those services described in Exhibit "A" of this Agreement. 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 and in accordance with professional standards of conduct and performance. The Consultant shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The Consultant shall request payment for work performed The City shall pay Consultant [Check applicable method of payment] X According to the rates set fofth in Exhibit "A." Rates may be adjusted on an annual basis by written agreement of the parties as an addendum to this Agreement. The Consultant shall complete and return to the City Exhibit "8," federal tax Form W-9, prior to or along with the first billing invoice. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. 3. Duration of Agreement. This Agreement shall commence upon mutual execution and shall terminate on December 31,2021 ("Termination Date'), unless terminated sooner by either Party as provided herein, provided the City shall have the right to extend the Agreement beyond the Termination Date for an additional two (2) years by written notice to the Consultant in advance of the Termination Date. Time is of the essence of this agreement in each and all of its provisions in which performance is required. 4. Ownership and Use of Documents. Any records, files, documents, drawings, specifications, data or information, regardless of fonn or format, and all other materials produced by the Consultant and submitted to the City in connection with the services provided to the City, shall be the property of the City, whether the project for which they were created is executed or not. Page 42 of 208 5. Independent Consultant. The Consultant and the City agree that the Consultant is an independent Consultant with respect to the services provided pursuant to this Agreement. The Consultant will be solely responsible for its acts and for the acts of its agents, employees, subconsultants or representatives during the performance of this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 6. Indemnification. A. Consultant shall protect, defend, indemnifu and hold harmless the City, its officers, officials, employees, agents and volunteers from any and all costs, claims, injuries, damages, suits, losses or liabilities of any natureo including attorneys' fees, arising out of or in connection with the acts, errors or omissions of the Consultant, its officers, employees and agents in performing this Agreement. B. 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, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMI.INITY LINDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. C. The provisions of this section shall survive the expiration or termination of this Agreement. 7. 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 described below: Minimum Scope of Insurance. Consultant shallobtain insurance ofthe types 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Offlrce (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 0l and shall cover liability arising from premises, a Page 43 of 208 operations, independent Consultants and personal injury and advertising injury. The City shall be named 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: 1. Automobile Liability insurance with a minimum combined single limit fot 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 generalaggregate. 3. 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 Provision. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance (as applicable to each line of coverage): 1. The Consultant's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant shall provide thifty (30) days written notice by certified mail, retum receipt requested, to the City prior to the cancellation or alteration of coverage. . The City will not waive its right to subrogation against the Consultant. The tant's insurance shall be endorsed to waive the right of subrogation against the C , or any self-insurance, or insurance pool coverage maintained by the City If coverage is written on a "claims made" basis, then a minimum of a three (3)extended reporting period shall be included with the claims made policy, and this extended reporting period provided by the City.proof D.cceptability of Insurers. Insurance is to be placed with insurers with a curent A.M. Best rating of not less than A:VII. E. Verification of Coverage. The Consultant shall furnish the City with original ceftificates for all policies and a copy of the amendatory endorsements, including but not necessarily -3- Page 44 of 208 limited to, the additional insured endorsement for Automobile Liability and Commercial General Liability, evidencing the insurance requirements of the Consultant before commencement of the work. 8. Record Keenin and Reportins A. The Consultant shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain other such records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after the termination of this Agreement unless permission to destroy them is granted by the Office ofthe Archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated as follows A. The City reserves the right to terminate or suspend this Agreement at any time, with or without cause, upon thirty (30) days prior written notice. B. In the event of termination or suspension, all finished or unfinished documents, data, studies, worksheets, models, reports or other materials prepared by the Consultant pursuant to this Agreement shallpromptly be submitted to the City. B. In the event this Agreement is terminated or suspended, the Consultant shall be entitled to payment for all services performed and reimbursable expenses incurred to the date of termination. C. This Agreement may be canceled immediately if the Consultant's insurance coverage is canceled for any reason, or if the Consultant is unable to perform the services called for by this Agreement. D. The Consultant reserves the right to terminate this Agreement on thirty (30) days prior written notice in the event that outstanding invoices are not paid within sixty (60) days. E. This provision shall not prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 1 l. Business License. The Consultant shall obtain a City of Porl Orchard business license before commencing work under this Agreement. 12. Discrimination Prohibited. The Consultant shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Consultant under this Agreement, on the basis of race, coloro religion, creedo sex, sexual orientation, age, national origin, marital status, presence of any sensory, mental or physical disability, or other circumstance prohibited by federal, State or local law or ordinance, except for a bona fide occupational qualification. -4 Page 45 of 208 13. Assisnment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 14. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 15. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 16. Employment of State Retirees. The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systerns (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(l), the City is required to elicit on a written form if any of Consultant's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or ifthe Consultant is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Consultant shall determine whether any of its employees providing services to the City or its owners retired using the 2008 ERFs, and shall immediately notiff the City using the form attached hereto as Exhibit "C". This notification to DRS could impact the payment of retirement benefits to the employee or owners of Consultant. Consultant shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Consultant's failure to comply with the terms of this provision. This provision shall survive the termination of this Agreement. 17.of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provisions are effectuated. 18. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 19. Notices. Notices to the City shall be sent to the following address City of Port Orchard Debbie Lund Human Resources Coordinator 216 Prospect Street 5 Page 46 of 208 Port Orchard, WA 98366 Notices to thc Consultant shall be sent to ths following addrcss: Summit Law Group Sofia Mabee 315 5th Ave. S. Suite 1000 Seattle, WA 98104 sofi anr@Summitlaw.conr 206-676-7112 20. Applicable [-aw: Venue: Attorney's Fees. This Agreement shall be govemed by and construed in acoordance with the laws of thc Statc of Washington. In the event any suit, arbitration, or other ptoceeding institrrted to enforce any tetm of this Agreement, the parties specifically understand and agree that venue shall be exclusively in Kitsap County, Washington. The prevailing parfy in any such action shall be entitled to its attonrey's fbes and costs of suit, which shall be fixed by the judge hearing the case, and such fee shall be included in the judgment. 21. Sevcrability. Any provision or part of this Agrccmcnt held to be void or unenforceable undcr any law or regulation shall bc dccmed stricken, and all remaining provisions shall continue to bc valid and binding upon the City and tlre Consultant. who agree that the Agreement shall be reformed to replace such stricken prcvision or part with a valid and enlbrceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WTINESS WHEREOF, the parties have exccuted this Agreement on thislday of April 2020. CIry OF PORT ORCHARD, WASHINGTON SUMMIT LAW GROUP By Robert Sofia Mabee, Partner ATTEST/AU TE City Clerk APPROVED FORM: By: Mayor By By 6- Page 47 of 208 DocuSign Envelope lD: 92E003A6-9861-4A4D-9399-67AC8E2EECFC SUl\/lMII Exhibit A LAW GROUP Sopr,q D. MaepB DrD: (206) 676-'7112 Euat: sofiam@sumnitlaw.com 315 Fifth Ave 5 Suite 1000 Seartle, w;}shington 981 04 phonr. 206.676.7000 for. 206.676.7001 Vi a em ai I : dlund@c i ty ofp or t or c ha rd. us April 15,2020 Mayor Robert Putaansuu City of Porl Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Engagement Letter Dear Mayor Putaansuu: Thank you for considering hiring Summit Law Group to represent the City of Port Orchard with regard to labor and employment matters. We will represent the City's interests vigorously and do our very best to be prompt, thoughtful and practical in everything we do on its behalf. If you have not yet had an opportunity to view the background of Summit Law Group, please take a moment to visit our website (www.summitlaw.com). Summit Law Group was founded on the principle that a modern law firm should be focused on its customers, not its lawyers. We designed Summit to be leaner, rnore efficient and more customer-responsive than traditional law firms. We want to form productive working partnerships with our customers, delivering a better product at greater value. Fee Arrangements. We will build a working partnership with you to enable you to maintain control over the scope and cost of the City's legal work. We are especially interested in fee arrangements that provide incentives for us to be cost effective and that reward us for superior results. Unless we agree otherwise, however, we will charge for our services by the billable hour. We encollrage you to consider and suggest other ways of measuring the value of our services during the course of our relationship. Whether you choose to be billed by the hour, or some other fee arrangement, we, unlike any other law firm we know of in the country, invite the City to pay in accordance with its perception of the value of our legal services. To that end, within 30 days of our invoice, you are free to adjust our billed amount-upward or downward-based on your perception of the value that you have received. At present, my current hourly rate applicable to this engagement is $330. The billing rates and contact information of the Summit team members who are available to assist with this engagement are included in the Appendix to this letter. Page 48 of 208 DocuSign Envelope lD: 92E00346-9861-4A4D-9399-67ACBE2EECFC Mayor Putaansuu April15,2020 Page 2 Unless otherwise agreed in writing, we will provide you with full itemized electronic billing information on a monthly basis, including people working on your engagement, their hours and rates and a detailed description of services performed. Payment of our bill is due upon receipt of our invoice and bills not paid within thirty (30) days of the date of the invoice will accrue interest at arate of l%o per month. We do not charge for telephone, photocopying, computerized legal research, local travel, or other costs that are properly part of our cost of doing business. We charge our actual costs for out-of-town travel and meals, working tneals, and other vendor expenses (e.g., for high volunre photocopying, courier and messenger services and other extraordinary expenses). We also charge for certain third-party vendor expenses related to document processing and discovery, electronic or otherwise (which may include the use of artificial intelligence). Our billings are monthly, unless otherwise agreed. Attached to this letter is an Appendix that includes additional terms of this engagement. Together, this letter and the Appendix constitutes the agreement between you and us regarding our professional services. If the terms of our representation as described above and in the Appendix are acceptable, please date and sign this letter where indicated below and return it to me via mail, facsimile or electronic mail. This agreement will take effect on the date of your signature or when we first perform services, whichever is earlier. Sincerely, SUMMIT LAW GROUP. PLLC Sofia D. Mabee AGREED AND ACCEPTED City of Port Orchard By Title i 'r- Dated Page 49 of 208 DocuSign Envelope lD: 92E00346-9861-4A4D-9399-67ACBE2EECFC APPENDIX TO ENGAGEMENT LETTER OF SUMMIT LAW GROUP, PLLC The term "you" below refers to the client in this engagement. If the client is an entity, then we have addressed the accompanying engagement letter to the client's authorized representative, but the term "you" below refers to the entity client. Ionxrrrv oF CLIBNT In representing a client which is an entity, we do not thereby also separately represent affiliates or other constituents of the entity, nor do we separately represent the owners, officers, directors, founders, managers, members, paftners, fiduciaries, or employees of the entity in their individual capacities or with respect to their individual affairs. We will rely upon you to inform them of this fact where appropriate. Unless we agree otherwise in writing, we do not by virtue of our representation of you also represent any entity that controls you, is controlled by you or is under common control with you. We will look to the addressee of the engagement letter for our instructions on behalf of the entity, unless you inforrn us otherwise in writing. Scope oF ENGAGEMENT. The scope of this engagement is described in the accompanying engagement letter. The scope of our engagement may change if you ask us to provide different or additional services and we agree in writing to provide them or we actually proceed to provide them and bill you for them. If our engagement changes, the terms set out in the accompanying engagement letter and this Appendix will apply to the changed engagement, unless we enter into a further agreement modifying this one. Our engagement may be terminated by either one of us upon written notice to the other. Survrrrlrr Tnam AsstcNro ro THIS Elclcempivr. At Surnrnit Law Group, we assign a team to your engagement. Your team includes the individuals listed below: Professional Direct Dial Email Hourly Rate Sofia D. Mabee (206) 6',76-7012 sofiam@summitlaw.com s330 Otto Klein (206) 676-7034 ottok@summitlaw.com $3ss Rodney Younker (206) 676-7080 rody@summitlaw.com $3ss Shannon Phillips (206) 676-7092 s h annonp @s umm i t I aw. c om $330 Beth Kennar (206) 676-7068 bethk@summitlaw.com $330 Kristin Anger (206) 676-7023 kr i s tina@s umm i t I aw. c om $330 Mike Bolasina (206) 6',76-7006 m ike b @s untmit I aw. c ont s330 Seth Berntsen (206) 676-1020 sethb@summitlaw.com $330 Dan Swedlow (206) 676-',7024 dans@summitlaw.com s320 Quinn Oppenheim (206) 676-7106 quinno@summitlaw.com $315 Page 50 of 208 DocuSign Envelope lD: 92E00346-9861-4A4D-9399-67AC8E2EECFC We may in the future add other professionals to your team depending on the time and experience required by your matters, which may include contract personnelwith appropriate credentials to complete certain work under our supen',ision. We will charge you for the time of these individuals at rates established by us based on their experience and expertise, the same as we do for our ernployees and partners. BTIITNc AND PAYMENT. We review and make changes to our hourly rates from time to time. usually on an annual basis. Changes may or may not apply across the board to all timekeepers. Timely payment in full is a condition to our continuing provision of services. You agree that we may suspend or tenninate our services and may withdraw from this engagement in the event our fees and other charges are not timely paid, subject to applicable rules governing attorney withdrawal. In extreme cases, we may pursue recovery of unpaid fees through collection actions or litigation. If our engagement is terminated by either you or us for any reason, you will remain obligated to pay us all fees and other charges properly incurred up to the termination date. Although on occasion we will in good faith attempt to estimate in advance the fees and costs of an engagement, we are not bound by any such estimate unless agreed in writing. Also, we are not obligated to revise, amend or correct any such estimate if subsequent developments make it inaccurate. If we have more than one client in this engagement, then each is jointly and severally obligated to pay us unless we agree otherwise in writing. Any outside arrangements you may have for allocation, reimbursement, insurance, indemnification or the like will not relieve you of your obligation to pay amounts due. CoNrltcr Cnncr. At the beginning of each engagement we conduct a review of potential conflicts of interest to ensure compliance with the Rules of Professional Conduct, using nalnes that you have provided. As we move forward, please be sure to immediately provide us with any new or different names of adverse or interested parties so that we may r"rpdate our conflict check. CouvuNlcATIoNS Wrus Sunrmm. Our communications with you may include legal advice and information that is protected by the attorney-client privilege, the work product doctrine, or other protections from disclosure. To maintain these privileges and protections, both you and Summit must take reasonable Professional Direct Dial Email Hourly Rate John Lee (206) 676-70s7 johnl@summitlaw.com s28s Rachael Curtis (206) 676-7022 r achae lc@s ummi t law. c om s2'1s Laura Davis (206) 676-7017 I aur ad@s umm i t I atu. c o m $260 Hathaway Burden (206) 676-7040 h at haw ay b @s umm i t I aw. c om $260 Page 51 of 208 DocuSign Envelope lD: 92E003A6-9861-4A4D-9399-67ACBE2EECFC llleasures to safeguard the confidentiality of our communications. Please be aware that if you reveal information to a third party, including by communicating with us on an email system accessible by a third party or on a mobile device that you do not control, protections of privilege and confidentiality may be lost. You should also be aware that there may be circumstances in which we have an independent ethical duty to reveal privileged information. FRluu PRnvrutlox. During the course of our engagement, there may be a need or desire to arrange for the electronic transfer of funds to Summit or to other parties. In the event that you receive a request for a funds transfer, wire transaction, or other matter involving your financial accounts or your account at Summit, please confirm the legitimacy of the request verbally with a known contact at Surnmit before you proceed with the transaction. OwunnsnrP AND RuruRu oF FILES. By executing our engagement letter, you agree that the files generated or accumulated as a result of our representation belong to Sunrnrit Law Group. If you desire an electronic copy of the files at the conclusion of our representation, you will be provided with an electronic copy of the files. Under our document retention policy, we normally destroy client records, including electronic records, seven years after the conclusion of a matter unless other arrangements are made or the nature of the matter requires a longer retention period. E-mails that are duplicative, routine or otherwise not part of the client file may be destroyed before the end of the seven-year period, without prior notice to you. Dtspurn RnsolurtoN AND ARntrRlrron. If you become dissatisfied with any aspect of our relationship, including the quality or adequacy ofour representation, you agree to bring that to our attention, and we each agree to negotiate in good faith to resolve the matter. If we cannot reach agreement, we each agree to comply with any mandatory dispute resolution procedures that apply to any such dispute. If such applicable mandatory dispute resolution procedures have been completed or waived, and a dispute still exists between us, we each agree that the dispute will be submitted for mediation under the rules of JAMS. If such mediation fails, and a dispute still exists between us, we each agree that the dispute will be submitted to binding arbitration under the rules of JAMS. In arbitration, there is no right to a trial by jury and the arbitrator's legal and factual determinations are generally not subject to appellate review. By signing this agreement, you acknowledge that the agreement to arbitrate results in a waiver of your right to a couft or jury trial for any fee dispute or malpractice claim. This also means that you are giving up your right to discovery and appeal. If you later refuse to submit to arbitration after agreeing to do so, you may be ordered to arbitrate pursuant to the provisions of Washington law. You acknowledge that before signing this agreement and agreeing to binding arbitration, you are entitled to, and have been given, a reasonable opportunity to seek the advice of independent counsel. Page 52 of 208 ,o,' UU'9 (Rev, Octobsr 201 8) Dspartment ol the Treasury lntsnal Revenua Ssrulce I N6ma (as 6hown on your lax on nam€, 7 eccount of Here General lnstructions Section references are to the lnternal Revenue Code unless otherwis€ noted, Futur€ dovolopments. For the latest lnformation about developments related to Form W-9 and lts instructlons, euch as leglslation enacted after they were publlshed, go to www.lrs,govlFormW9, Purpose of Form An lndivldual or entity (Form W-9 requester) who ls r€quked to flle an lnformatlon return wlth the IRS must obtaln your correci taxpay€r ldentllicatlon number FIN) whlch may be your soclal security number (SSN), lndividual taxpayer ld€ntificatlon number (lTlN), adoptlon iaxpayer ldentificatlon number (ATIN), or employer ldentiflcatlon number (ElN), io report on an lnformatlon return the amount pald to you, or olher imouni roportablo on an informatlon return. Examples of lnformation returns include, but are not limlted to, the followlng. . Form 1099lNT (lnter€st €arned or pald) Request for Taxpayer ldentificatlon Number and Gertification ) Go to www.irs.govlFormW9lor lnstructions and thg lat€st informatlon' Exhibit B Glve Form to the requoster. E'o not send to the lRS. 4 Exemptlons (oodes apply rnlyto certain ontltlos, not lndlviduEls; Eoo inslructions on page 3): Exempt payeo cods (lf any)_ Exemptlon from FATCA repcrtlng oode (lf any) (Applles lo aacouoh mdlntslrlod @lsrde lhs U.sJ name Date> r Form 1099-DlV (divldends, lncludlng those from stocks or muttJal funds) . Form 1099-MISC (various types of income, prlzes, awards' or gross prooeeds) o Form 1 099-9 (stock or mutual fund sales and certaln other transaotlons by brok€rs) . Form 1099-S (procoeds from real esiate transaolions) . Form 1 099-K (merohant oard and thlrd party network transactlDns) . Form 1098 (home mortgage interest), 1098-E (student loan intereet)' 1098-T (tultlon) . Form 1 099-C (canceled debt) r Form 1099-A (aoquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (lncluding a resldent allen), to provlde your corr€ct TlN. lf you do not rcturn Form W-9 to the rcquester wlth aTlN, you mlght ba subject to bdckup withholdlng, See What ls backup wlthholding, later. c'j d) CD(! o. co.odrc6-ObEt3 ?h O.o o 0,c ah oo U' Enter your TIN ln the appropriate box. The TIN provided must match the name given on line 1 to avold backuir withholding. For lndividuals, thls is generally your social security number{SSN), Howev€r, for a resldeht allen, sole proprletor, or disregarded entlty, see the lnstructlons for Part l, later. For other entltles, lt ls your employer ldentiflcatlon number (ElN), lf you do not have a number, see How to get a flM later. Notel lf the account is in more than one name, see the instruclions for llne l. Also see What Name and Number To Glue tho Requester for guldellnes on whose numbor to ent€r, or Und€r penaltles ol perlury, I certify that: 1. The number shown on this form ls my corr€ot taxpayer ldontlfication number (or I am waltlng for a number to be lssued to me); and 2. I am not eubJeot to backup wlthholdlng because: ia) I am exempt from backup wlthholdlng, or (b) | BYq not been notified^by the lnternal Revanue- servtceitnsjitratiamsuSlecttobaok'upwlthhold'ingasaresuitof afalluret6reportall lnierestordlvldends,or(c) thelRShasnotlfledmetlatlam no longer sublect to backup withholdlng; and 3, I am a U.S, citizen or other U.S, person (deflned below)i and 4, The FATCA code(s) entered on thls form (lf any) lndlcatlng that I am exempt lrom FATCA reportlng ls conect. Certlflcailon lnstruoiione. you must cross out ltem 2 above if you have bsen notlfled by the IRS that you are currently sublect to backup wlthholdlng rsoause Vou nave t"lt.O to r€port all lnt€rest and dlvidends on your tax riturn, For real estate trarisactions, item 2 does not apply' For.moftgage lnter6sl pald, icquiililon oi aOandbnment of secured property, caniellatlon ol debt, contrlbullone to an lndlvidual retlrement arrangement (lRA), and g€nerally' paynents ottrir tnan lnterest and divldends, you aie nbt r6qulred to slgn the cediflcatlon, bul you must provlde your ooneol TlN, Seo the inshuctlons lor Part ll' later' 3 Check approprlate box for federal tax classlflcallon of lh6 person whoso nam€ 19 entered on line 1 , Chack only one of the followlng seven boxes. ! lndlvldual/sole proprletor or I C Corporatlon n S corporatlon n Partnership ! TrusVestate Blngle-msmbsr LLC I LtmlteO llablllty company. Entor the tax classlllcatlon (C=O corporallon, S=S corporatlon, P=Pannsrshlp) > _- Note: Check the approptlat€ box ln lho tlno abovo for tho lax olaeslllcatlon ot the elngls-m8mb€r ownor. Do not check LLC lf the LLC ls cle83lll€d as e single.m€mbff LLC thrit ls dlsregarded lrorn the own€r unlsBs lhq ownor ol tho LLC le another LLC that ls not dlgrogardod lrom th6 owner lor U.S, ledoral tg)r purpo8eg, Olherwlso, a slnglo-mombor LLC that ls dlsregarded from the owner should check the approprlato box for th6 tax olasslfloatlon ol lts owner. other 6 Addrc6s (numbar, strost, and apt. or sulte no,) Se€ instructlons. 6 Clty, 6tate, and zlP code Soalgl security numb€r t-l Part I Part ll Cat. No, 10231X Form W-9 Fev. 10-2ola) Page 53 of 208 Form W-g (Rev. 10-2018)Pase 2 By slgning the filled-out form, you: 1. Cortlfy lhat the TIN you aro glvlng ls correct (or you are waltlng for a number to be issued), 2. Certify that you are not subiect to backup wlthholding, or 3. Clalm exemption from backup withholding if you are a U.S, exempt payee. lf applicable, you are also certifylng that as a U.S. person, your allocable share of any partnership income from a U.S. trado or busln€ss ls not subject to the withholding tax on foreign partners' share of effectlvely connected lncome, and 4, Certlfy that FATCA code(s) entered on this form (if any) indicatlng that you are exempt from the FATCA reporting, is correct. See What ls FATCA reparting, later, for lurther inlormation. Note: lf you are a U.S. person and a r€quester gives you a form other than Form W-9 to request your TlN, you must use lhe requester's form if it ls substantially similar to this Form W-9, Detlnltion of a U.S, person. For federal tax purposes, you are considered a U.S. person if you are: o An lndlvidual who ls a U,S. cltlzen or U.S, resident allen; . A padnership, corporatlon, company, or association created or organiz€d in the United States or under the laws of the Unlted States; . An €stat€ (other than a foreign estate); or r A domestlc trust (as defined in Regulatlons sectlon 301.7701-7). Speclal ruleg for partnershlp8. Padnerships that conduct a trade or business in the United States are generally required to pay a withholdlng tax under sectlon 1446 on any for€lgn partners' share of eflectlv€ly connected taxable lncome from such business, Further, in certain cases where a Form W-9 has not been r€celv€d, the rules under s€ctlon 1446 r€qulro a partnorshlp to presume that a partnor is a forelgn person, and pay the section 1446 withholdlng tax. Therefore, lf you are a U.S. person that ls a partner in a partnership conductlng a trade or buslness ln the Unlted States, provid€ Form W-9 to the partn€rshlp to establish your U,S. status and avold sectlon 1446 withholding on your share of partnership lncome. ln the cases below, the following person must give Form W-g to the partnership for purposes ol establishing its U,S, status and avolding wlthholdlng on its allocablo share of net income from tho partn€rship conducting a trade or business in the Unlted Slates, r ln the case of a dlsregarded entlty wlth a U,s. owner, tho U.S. owner of the disregarded entity and not the entlty; r ln the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S, grantor or other U.S. owner of the grantor trust and not the trust; and . ln tho case of a U.S. trust (other than a grantor trust), tho U.S. trust (other than a grantor trust) and not the boneficiaries of the trust. Foreign person. lf you are a foreign person or the U.S. branch of a forelgn bank that has elected to be troated as a U.S, p6rson, do not use Form W-9. lnstead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholdlng of Tax on Nonresident Allens and Foreign Entitles). Nonreeldent alien who becomes a resldent allen. Generally, only a nonresident alien lndlvidual may use th6 tsrms of a tax treaty to reduce or elimlnats U,S, tax on cedaln types of income. However, most tax treatl€s contaln a provlslon known as a "savlng clause," Exceptlons specifled ln the savlng clause may p€rmlt an exemptlon from tax to continuo for certain types of lncome even after the payee has otherwise become a U.S, resident allen for tax purposes. lf you are a U.S. resident allen who ls relying on an €xc€ptlon cont'ained ln the saving clause of a lax tredty [o clalm an eiemptlon trom U.S, lax on certain typ6s of income, you must attach a statomont to Form W-g that sp6clfl6s th6 following flve itoma. 1. Th€ tr€aty country. Generally, thls must bo tho sam€ treaty under whlch you clalmed exemptlon lrom tax ae a nonre$ident allen. 2. The troaty article addresslng the incomo. 3. The articlo number (or location) in th€ tax treaty that contains the savlng clause and lts exceptions. 4. The type and amount of income that qualilies for the exemption from tax, 5. Sufficiont faots to iustify the ex€mption from tax under the torms of th€ treaty artlcle. Example, Article 20 of the U.S.-Chlna income tax treaty allows an exemptlon from tax for scholarshlp lncome recelved by a Chlnese student t€mporarily present in the Unltod States, Under U.S. law, this student wlll become a resldont alien lor tax purposes if his or her stay in the United Siates exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provislons of Article 20 to continue to apply even after lhe Chinese stud€nt becomes a resldent alien of the Unlted Statos. A Chinese student who qualllies for this exception (under paragraph 2 of the first protoool) and is relying on this €xception to claim an exemption from tax on his or her scholarshlp or fellowship income would attach to Form W-9 a stat€ment that lnctudes the information descrlbed above lo support that exemption. lf you are a nonresident alien or a foroign entlty, give the requeslar the appropriate completed Form W-8 or Form 8233. Backup Withholding What ls backup wlthholdlng? Persons maklng certain paym€nts to you must under certain oondltions withhold and pay to the IRS 24% of such payments. This is called "backup withholding." Payments that may be sublect to backup wlthholdlng lnclude lntor€st, tax-exempt interest, dividends, broker and bartar exchange transactions, renls, royalties, nonemployee pay, payments made in sottlement of payment card and third pady network transactions, and csrialn payments fiom llshing boat operators. Real estate transactions are not subiect to backup withholding. You wlll not bo sub,€ct to backup withholding on payments you recelve lf you glve tho requester your correct TlN, make the propor certlfloatlons, and report all your taxabl€ lnt€rest and dlvidonds on your tax relurn. Payments you recelve wlll be subtoct to backup wlthholdlng llr 1. You do not furnish your TIN to th6 request€r, 2, You do not certify your TIN when required (soo the instructions tor Part ll for details), 3. The IRS tells the requester that you furnished an incorrect TlN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dlvldends only), or 5. You do not certlfy to the r€qu€ster that you ar6 not subiect to backup withholdlng under 4 above (for reportable inter€st and dlvldend accounts opened afier 1983 only), Certain pay€es and payments ars €xempt from backup withholding. See Exempt payee code, later, and the soparate lnstructlons for the Requester ol Form W-9 for more information. Also see Specral rulas for paftnershps, earlier, What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requlres a partlclpating foreign financial instltution to report all United States account holders that are speclfled United States p€rsons, Cedaln payeos are oxempt from FATCA reportlng ,See Exemptlon from FATCA reporllng code, later, and the lnstructions for the Requester of Form W-g for mor6 informatlon. Updating Your lnformation You must provide updated inlormatlon to any person to whom you clalmed to be an exempt payee lf you are no longer an exompt payee and anticipat€ receiving reportablo payments in the future from thls person. For example, you may need to provlde updated lnlormatlon lf you are a C corporatlon that sl€ctg to be an S corporatlon, or lf you no longer are t8x exempt. ln addition, you must furnish a new Form W-9 lf the name or TIN changss for the account; for example, It th€ grantor of a grantor trust dles, Penalties Failuro to furnish TlN, lf you fail to furnish your correct TIN to a r€quester, you are subject to a penalty of $50 for each such failure unlese your failure ls due to reasonable cause and not to willful n€glect. Civil ponalty for false lntormation wlth rssp€ct to withholdlng. lf you make a false statement wlth no reasonablo basis that results ln no backup withholding, you ar€ subiect to a $500 penalty. Page 54 of 208 Form W-9 (Rev. 10-2018)Pase 3 6rlminal penalty lor lelsllylng informatlon. Willfully falsifying cortiflcatlons or affirmatlons may subleot you to crimlnal penaltles includlng flnes and/or imprlsonment, Mlsuse of TlNs. lf the requester dlscloses or uses TlNs ln violation of lederal law, the requester may b6 subj€ct to clvil and crlmlnal penaltl€s. Specific lnstructions Llne 1 You must enter one of the following on thls llne; do not leavo thls lino blank. The name should match lhe name on your tax return. lf thls Form W-9 ls for a lolnt account (othor than an account malntalned by a lorelgn flnanclal lnetltutlon (FFl), llst first, and then circle, the name of the person or entlty whose number you enter€d ln Par4 I of Form W-9. lf you are provldlng Form W-9 to an FFI to document a jolnt account. 6ach holder of the account that is a U,S. person must provlde a Form W-9. a. lndividual. Generally, enter th6 name shown on your tax return, lf you have changed your last name wlthout informing th€ Social Security Admlnlstratlon (SSA) of the nam6 chang€, entor your llrst namo, the last name as shown on your social securlty card, and your new last name. Note: lTlN appllcant: Enter your individual name as lt was entored on your Form W-7 appllcatlon, llne 1a. Thls should also be the same as the name you ent€red on the Form 1 040/1 040A/1 040E2 you filed wlth your application. b, Sole proprietor or single-member LLC. Enter your indlvldual nam6 as shown on your 1 040/1 040A/1 040E2 on line 1 , You may €nter your buslness, trade, or "dolng buslnoss as" (DBA) namo on llne 2, c. Pannershlpr LLC that ls not s slnglo-member LLC, C corporatlon, or S corporstlon. Enter the entlty's name as shown on the entlty's tax return on lln€ 1 and any buginess, trad€, or DBA name on line 2, d. Olher entltlee. Ent€r your name ag ehown on requlr€d U,S, fsderal tax documents on line 1, Thls namo thould match the namo shown on the charter or other legal document creatlng the entlty. You may ent€r qny business, trade, or DBA name on line 2. e, Dlsregarded entity. For U,S, federal tax purpos€s, an entlly that ls disregardod as an entlty separato from lts owner is troated aB a "dlsregarded entlty." See Regulations s€ctlon 301.7701 -2(c)(2Xiil). Entar the owner's namo on llne 1, The name of the entlty entered on llne 1 should never be a dlsregarded entity. The name on llne 1 should be the name shown on the income tax roturn on which tho lncomo ghould bo r€port€d, For example, lf a foreign LLC that ls treated as a disregarded entlly for U.S, federal tax purposes has a slngle owner that ls E U.S' p6rson, the U.S, owner's name ls requlred to bo provld€d on llne 1' lf the dlroct own€r of the entity is also a disregarded entlty, enter the first owner that is not dlsregarded for federal tax purposes. Enter tho dlsregarded entlty's name on line 2, "Business name/disregarded entity name." lf the owner of the dlsregarded entity is a lorelgn porson, the own€r must complete an approprlate Form W-8 lnstead of a Form W-9, Thls ls th€ case even if the forolgn person has a U.S. TlN. Llne 2 lf you have a buslness name, trade name, DBA name, or dlsregard€d €ntity name, you may enler it on line 2. Line 3 Check the appropriate box on llne 3 for tho U.S. federal tax classiflcatlon ol the person whose name is enlered on line 1. Check only one box on llne 3, Llne 4, Exemptlons lf you are exempt from backup wlthholdlng and/or FATCA report ng, enter ln the appropriate spaoe on line 4 any cod6(s) that may apply to you, Exempt payee code. . Generally, lndlvlduals (includlng sole proprietors) are not ex€mtt from backup wlthholdlng, . Except as provlded below, corporatlons are exempt trom bacl'up wlthholdlng for certaln payments, lncluding lnterest and dlvidends, . Corporatlons aro not exempt from backup withholding for payments made in settlem€nt of paymont card or thlrd party network transactions, . Corporations ar€ not exempt from backup withholdlng wlth re$pect to attorniys' fees or gross proceeds pald to attorn€ys, and corpordions that provlde m€dlcal or health care servlces are not exompt wlth respect to payments reportable on Form 1099-MlsC. The followlng codee ldentlfy payees that are exempt from backup wllhholdlng, Enter the approprlate cod€ ln the spacs ln llne 4. 1-An organlzatlon exempt from tax under section 501(a), any RA, or a custodlal account under sectlon am(bX4 if the account satisfles the requirements of sectlon 401(0(2) 2-Tho Unlted States ot any of lts agencles or instrumentalllles 3-A state, the Dlstrict of Columbia, a U.S. commonwealth or possession, or any of their politlcal subdlvlsions or instrumentalilies 4-A foreign government or any of its political subdlvlslons, agEncles, or lnstrumentalities 5-A corporation 6-A dealer ln securities or commoditles requlred to register in lhe United States, the Dislrict of Columbia, or a U.S. commonwealth or possession 7-A futures commission merchant registered with the Commdity Futuree Tradlng Commlsslon 8-A real €siats investment trust g-An entlty roglstered at all timos durlng th€ tax year under tho lnvestment Company Act of 1940 1 O-A common trust fund operated by a bank under sectlon 584(a) 1 1 -A financial lnstltution 12-A mlddleman known in the lnvestment communlty as a noninee or custodlan 13-A kust exempl lrom tax under section 664 or describod ln section 4947 lF the entlty/peraon on line I is a(n).'. THEN check the box for. , . . CorDoration Corporallon . lndivldual. Sole proprletorshlp, orI Slnglo-momber llmlted liablllty company (LLC) owned by an lndlvldual and dleregarded for U.S. federal tax purpoges. lndividual/sole proprlelor or slngl€- member LLC r LLC trealed as a partnership for U,S. federal lax purposes, r LLC that has flled Form 8832 or 2553 1o be taxed as a corporation, of. LLCthat ls dlsregarded as an entlty separato from lts owner but the owner ls anoth€r LLC that ls not dlsregarded for U.S, federal tax purposee. Llmited liabillty company and enter the appropriate tax classiflc,atlon, (P= Partnershlp; C= C corprratlon; or S= S corporation) . Partnershlp Partn€rshlp . TrusVestate Trusvestate Page 55 of 208 Form W-9 (Bev. 10-2018)Page 4 The followlng chart shows types of payments that may be exempt from backup wlthholdlng, The chart appllos to tho exempt payees llsted abov€, 1 13, lF the payment is lor the paymonl is oxempt for lnterest and divldond paym€nts All ex€mpt payees except for 7 Broker transaclions Exempt payees 1 through 4 and 6 through 11 and all C corporatlons. S corporations must not enter an €x€mpt payee code because they are exempt only for sales of noncovered securlties acquired prlor to 2012. Barter exchange transactlons and patronago dividends Exempt payees 1 through 4 Payments over $600 required to be Generally, oxempt payeos reported and dir€ct sales over $5,0001 1 through 52 Payments mada ln settlement of Exempt payees 1 through 4 payment oard or thlrd party transactlons 1 See Form 1099-MlSC, Mlscellaneous lncome, and its lnslructions. 2 However. the lollowlno oavmsnts mado lo a corooration and reportable on Form 10P9-MISC are not ex€mpt f'rom backup withholding: medical and health caro payments, attorneys'fees, gross proceeds paid to an attorn€y reportable under sectlon 6045(f), and paymonts for servlces pald by a lederal executive agency. Exemption from FATCA reporting code. The following codes identily payees that are exempt from reportlng under FATCA. These codes apply to persons submlttlng thls form for accounls maintalned outsida of lhe United States by cedaln forelgn financlal lnstitutlons. Therefore, if you are only submitting this form for an account you hold ln the Unlted Stat€s, you may leave this lield blank. Consult wlth the person requesting this form if you are uncedain lf the financlal institution is subJect to these requlrements. A requester may indicat€ that a code is not required by providing you with a Form W-9 wlth "Not Appllcable" (or any similar lndicatlon) wrltt€n or printsd on the line for a FATCA exemptlon code. A-An organization exempt from tax under s€ction 501(a) or any lndividual retlr€msnt plan as detlned ln sectlon 7701(aX37) B-Th6 United Stat€s or any of lts agencies or lnstrumentalities C-A state, the District of Columbia, a U.S, commonwealth or possesslon, or any o{ their polltical subdlvlslons or instrumentallties D-A corporatlon the stock of which is regularly traded on one or more establlshed securltles markets, as described ln Begulations section 1 ,1 472-1 (c)(1 )(i) E-A corporation that is a member ol the same expanded afflllated group as a oorporation described ln Rogulatlons sectlon 1 .1 472-1 (c)(1 )(i) F-A dealer in securitlos, commodities, or derivative financial lnstruments (including notlonal princlpal contracts, futures, foMards, and optlons) that is registered as such under the laws of the United States or any stat€ G-A real €state lnveslment trust H-A regulated investment company as delinsd in sectlon 851 or an entity reglstered at all times during the tax year under the lnvestment Company Act ol 1 940 l-A common trust fund as defined ln section 584(a) J -A bank as deflned in section 581 K-A broker L-A trust exempt from tax under s€ctlon 664 or described ln section 4e47(aX1) M-A tax exempt trust under a section 403(b) plan or section 457(9) plan Note: You may wish to consult with the financial instltution requesting thls form to dotermlne whether the FATCA code and/or exompt paye6 code should be completed. Line 5 Enter your address (number, street, and apartment or suite number), Thls ls where the request€r of thls Form W-9 will mail your lnformation roturns. lf this addross dlffers from tho one the requester already has on file, write NEW at the top. lf a new address ls provlded, there is stlll a chance the old address will be used until th€ payor changes your addrass in their records, Llne 6 Enter your city, slate, and ZIP code. Part l. Taxpayer ldentification Number (TlN) Enter your TIN ln the appropriate box. lf you are a resident allen and you do not have and are not eligible to g6t an SSN, your TIN ls your IRS lndlvldual taxpayer identlllcation numb6r (lTlN). Enter lt in tho soclal security number box. lf you do not have an lTlN, see How to get a TIN below. lf you are a sol6 proprletor and you have an ElN, you may enter ellher your SSN or ElN. lf you are a slngle-member LLC that is disregarded as an entity separate from lts owner, enter the owner's SSN (or ElN, lf the owner has one), Do not 6nter the dlsregarded entlty's ElN, lf the LLC ls classified as a corporatlon or partnership, ent€r the entlty's ElN, Note: See What Name and Number To Giye the Reguester, later, for funher clarification of namo and TIN combinations. How to get a TlN. ll you do not have a TlN, apply for one immediately. To apply for an SSN, get Form SS-5, Applicatlon for a Social Security Card, from your local SSA oflice or get this form onlin€ al www.SSA.gov. You may also get this form by calllng 1-800-772-'1213. Use Form W-7, Applicatlon for IRS lndlvldual Taxpay€r ldenllflcation Number, to apply for an lTlN, or Form SS-4, Application for Employer ldentiflcatlon Number, to apply for an ElN. You can apply for an EIN onllne by accessing the IRS wobgit€ alwww.irs,gov/Businesses and clicking on Employer ldeniification Number (ElN) under Starting a Business, Go to www.irs,govlForms to vlew, download, or prlnt Form W-7 and/or Form SS-4. Or, you can go lo www.irs.govlOrderForms lo place an order and have Form W-7 and/or SS-4 malled to you wlthin 10 business days, lf you are askod to compl€te Fsrm W-O but do not have a TlN, apply for a TIN and wrlte "Applled For" ln lhe space lor the TlN, sign and date the form, and glve lt to the rsquester, For interest and divld€nd paymonts, and certaln paym€nts made with respect to readlly tradable lnstruments, generally you will have 60 days to g€t a TIN and glve lt to tho requester bBforo you are subJect to backup withholdlng on payments. Tho 60-day rulo does not apply to oiher types ol payments. You wlll be subJect to backup withholding on all such paymonls untll you provlde your TIN to the requester. Note! Entering "Applled Fo/'means that you have already applled for a TIN or that you intend to apply for one soon. Cautlon: A disregard€d U.S. entlty that has a forelgn own€r must use the approprlate Form W-8, Part ll. Certification To eslablish to the wlthholding agent that you are a U.S. person, or resldenl:alien, slgn Form W-9. You may be requested to sign by the wllhholding ag€nt evon if item 1, 4, or 5 bdow lndicates otherwlse. For a ioint account, only the person whose TIN is shown in Part I should sign (when required). ln the case of a disregarded entity, the person ldentllied on llne I must slgn. Exempt paye6s, see Exempt payee code, earlier. Signature requirements, Complete the certiflcatlon as indlcated ln Itemsl throughSbelow. Page 56 of 208 Form W-9 (R€v. 10-2018)Page 5 1. lnterest, dlvldend, and barter exohange accounts openod before 19&4 and broker accounls conaldered actlvo durlng 1980. You must glve your conect TlN, but you do not have lo slgn the certlfication. 2. lnter€st, dlvldend, broker, and barter exchange accounts opened after 198{l and brokor accounb consldored lnactlve durlng 1983. You must slgn the certiflcation or backup wlthholding will apply. lf you are subject tobackup withholding and you are merely providlng your correct TIN to the requester, you must cross out item 2 ln the certlfication before slgning the lorm. 3, Real estate tran8aotlone, You must slgn the c€rtlficatlon. You may cross out item 2 of the certlflcation. 4, Oth€r payments. You must glve your correot TlN, but you do not have to slgn the certlfication unl€ss you have been notifi€d that you have previously given an incorrect TlN, "Other payments" lnclude paymenls mad€ in the cours€ of the requ€ster's trade or buslness for ierits, royaltles, goods (other than bills for merchandlse), medlcal and healih care servlces (lncluding paymonts to corporatlons), payments to a nonemployoe lor serulces, payments made ln settlement of payment card and third party network transactlon3, payments to certain flshing boat crew members and flshermen, snd gross proc€eds paid to attorneys (including payments to corporatlons). 5. Mortgage interest pald by you, acquisition or abandonmenl of secured property, cancellatlon ol debt' qualified tultlon program paymenti (undar seotion 529|' ABLE accounts (under section 529A), lRA, Coverdell ESA, Aroher MSA or HSA contributlons or dlstrlbutlons, and penslon dlstrlbutlons. You must glve your correct TlN, but you do not have to slgn the certiflcation. What Name and Number To Give the Requester For thls ol account:Glve name and SSN of: For thls ol account:Give namo and EIN ofl of The publlc Agrlculture in tho name ol a publlc entlty (€uoh aE E state or local governm6nt, school dl8lrict, or prlson) lhat reoelv€s agrlcultural program paymentg 15. Grantor trusl flllng under lhe Form 1041 Flllng Mothod or the Optlonal Form 1099 Flllng Melhod 2 (soe sectlon 1.871 I Llst first and circle the name of the person whose number you furnish' lf only one person on a jolnt account'has an SSN, thal person's number must be furnished, 2 Ckcle the minor's name and furnish the mlnor's SSN' 3 You musl show vour individual name and you may also snter your buslness or DBA name on the "Business nanto/dlsregard€d ontity" nam€ line, You may use either your SSN or EIN (if you have one)' but the IRS encourages you to use your SSN. a Llst flrst and circle the name of lhe trust, estat€, or penslon trust. (Do not furnish the TIN of the personal representative or trustee unless lhe l6gal €ntlty itself ls not deslgnated ln the account tltle') Also s6o Specisl rules for paftnershtps, earlier. {Noter The grantor also must provlde a Form W-9 to truslee of trust' Note: lf no name is clrcled when more than on€ name is llsted, the number will be consldeted to b€ that of the fkst name listed. Secure Your Tax Records From ldentity Theft ldentlty theft occurs when someone usos your porsonal informatlon such ai your name, SSN, or olher identlfying informatlon' without your permlssibn, to commlt fraud or other crimes, An ldentity thief may use your SSN to get a lob or may file a tax return using your SSN to receive a refund. To reduc€ your rlsk: r Protect your SSN, . Ensure your employer is protectlng your SSN' and . Be careful when ohoosing a tax prepar€r. lf vour tax records are alfected by idantity theft and you recelve a notl6e from the lRS, respond right away to the name and phone number printed on the IRS notice or letter. lf your tax records are not currently affected by identity theft but you think vou aro at rlsk due to a lost or 5tolen purco or wallet, questionable credifcard activity or credit report, contact the IHS ldentity Theft Hotline at 1 -800-908-4490 or submil Form 14039' For mor€ information, see Pub. 5027, ldentity Theft lnformatlon lor Taxpayers. Vlctims of ldentlty theft who are experiencing economic harm or a systemic probl€m, br are seeking help in resolving tax problems that hirve not 6een resolved through normal channels, may be eligible for Taxpayer Advocate Servlce (IAS) asslstance. Yoq93n1939h T{S by catting tho fRS toll-free caso intake line at 1-877-777-4778 or TTY/TDD 1 -800-829-4059, Proteot yourself lrom eueplclous emails or phlshlng schemes. Phishing-is the creation and use of emall and websites deslgned to mimic legitimate buslness emalls and w€bsltes, The most common act is sending an email to a user falsely claimlng. to be an ostablished legltlmatdenterprlse in an attempt to scam ihe user lnto surrendering private inforrnation that will be used for idenlity th€tt. Th6 tru6t 1 . lndlvldual 2. Two or mor€ lndivlduals (olnt aocount) other than an account malntalnod by an FFI 3. Two or mors U,S, persons (Jolnt aocount malntalned by an FFI) 4. Cuslodlal aooount of a mlnor (Unlform Glft to Minors Acl) 5. a. The usual revooable savlngs trust (grantor ls also lrwt€e) b. So-callod trust accounl that le not a legal or valid trust under state law 6. Sole proprietorship or dlsregardsd entity owned by an lndlvidual 7, Grantor trust flllng under Optlonal Form l0gg Flling Mothod 1 (see Regulatlons secllon 1.671 -4(b}(2xl) lndlvldual Tho actual ownst of lho aooount or, ll comblnod lunds, the lkst lndlvldual on the accountl Each holdsr of the account The mlnol The grantor-trusteel The actual owne/ The ownera The grantof Glve name and EIN of: Legal entltya The corporatlon The organlzatlon The partn€rshlp The broker or nomlne€ For thls of account: entlty not an Thg owner lndlvldual L A valld trust, estate, or pension trust 10, Oorporation or LLC electlng oorporate status on Form 8832 or Form 2553 11. A$oclation, club, rellgious, charltable, educatlonal, or other tax- exempt organlzatlon 12. Partnsrshlp or multFmembsr LLC 13. A brokor or reglst€l€d nomlnse Page 57 of 208 FormW-g (Fev, 10-2018)Pase 6 Th6 IRS does not lnitiate contacts wlth taxpay€rs via emalls, Also, the IRS does not requ€st personal detailed lnformatlon through email or ask taxpayers for th€ PIN numbers, paoowords, or slmilar secret acc€ss information for th€ir credit card, bank, or oth€r financial accounts. lf you receive an unsollolted €mall clalmlng to be from the lBS, forward this message to pfilshing@lrs,gov, You may also report misuse of the IRS name, logo, or other IRS proporty to the Treasury lnspector Goneral for Tax Admlnlstration InGTA) at 1 -800-366-4484, You can forward suspicious emalls to the F€deral Trade Commission at spam@uca,gov or r€port them al www.ftc,govlcomplalnt, You can contact the FfC alwww.ftc.gov/idtheft or 877-IDTHEFt (877-438-4338). lf you have been ihe vlctlm of ldentity theft, see www.ldentityTheft,gov and Pub, 5027, Vlsit www,irs.govlldentityTheftlo learn more about ldentity theft and how to reduce your rlsk. Privacy Act Notice Section 6109 of th€ lnt€rnal Revenue Code requlres you to provide your oorreot TIN to persons (lncludlng federal agenoies) who are requlrod to llle lnformatlon returns wlth the IRS to report interost, dlvldends, or certain other lncome pald to you; mortgage lnterest you pald; the aoqulsltlon or abandonment of secured propsrty; the cancellatlon of debt; or conkibutlons you made to an lRA, Archer MSA, or HSA. The person collectlng thls form usos the lnformatlon on the form to tilq lnformation returns with the lRS, roportlng the above lnformatlon. Routlno uses of thls lnformatlon lnclude giving it to the Department of Justice for civil and crlmlnal lltlgatlon and to cltles, states, the Dlstrlct of Columbia, and U.S. commonw€alths and possessions for use in admlnlsterlng thelr laws. The lnformation also may be dlsclosed to other countries under a treaty, to lodoral and state agencles to enforce civil and orlmlnal laws, or to t€doral law onforcement and intelllg€nce ag€ncles to combat terrorism. You must provide your TIN whether or not you are requked to flle a tax return, Under seotion 3406, payerg must generally withhold a percentago of taxable interest, dlvldend, and csrtaln other payments to a payee who doos not give a TIN to tho payer Certaln ponaltles may also apply for providing lalse or frsudulont lnformetion. Page 58 of 208 Contractor or Third-Party Worker Retirement Status Verification .^dJ;ilffiri;i' This form is for employers to use to verify the retirement status Fstirtinenlsystoms of a worker paid throUgh accounts payable or a third party. Employer Information Failure to report a retiree to DRS can result in a significant liability to the employer for pension overpayments, Some workers are considered to be employees of both your agency and the third party (dual employers). A retiree who is in an employee/employer relationship with your agency is subject to the same retiree-return-to-work (RRTW) rules as an employee paid through payroll. Additionally, workers under age 55 who retired using the 2008 Early Retirement Factors (ERF) are subject to stricter return-to-work rules and cannot perform services in any capacity for a DRS-covered employer and continue to receive a benefit. Employer Instructions Contact Information for DRS Employer Support Services 360,664.7200, option 2 800.547.6657, option 5, option 2 em ploy ersu p p o rt@ d r s.wa.g ov Use Member Reporting Verification (MRV) to review the worker's retirement status. Did the worker retire from a DRS-covered plan? ! Yes I No If yes and in an employee/employer relationship with your agency, report using RRTW rules. Did the worker retire using the 2008 ERF? [ Yes n No If yes, contact Employer Support Services (ESS) immediately. Sign and date this form. Retain this form for three years beyond your relationship with the worker. Worker Name (Last, Firsi Middle)Social Security Number If your agency doesn't directly pay the worker, name the company or contractor paying the worker Identify the Type of Worker (Check Only one) fl Employee Hired Through a Third Party (Staffing Agency, Temp Agency, Etc.) ! IndependentContractor I Worker Provided by Company or Contractor Your Agency Hired to Perform Services Worker Information Employer Signature I have verified the information above using MRV or by contacting a DRS representative. I acknowledge that failure to prope rly report a 2008 ERF retiree to DRS can result in a liability to the employer Employer Signature Date DRS MS 346 4/18 I lllliluilH ilr$ rllililu ruilllfllurllllll Page 59 of 208 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4F Meeting Date: January 26, 2021 Subject: Approval of Amendment No. 4 to Contract No. Prepared by: Matt Brown 023-17 with the Washington State Military Chief of Police Department for the Port Orchard Storage Atty Routing No.: N/A Building Atty Review Date: N/A Summary: This is a lease extension for the continued use of the Port Orchard Storage Building to provide storage and training space to the police department through March 2022. Recommendation: Staff recommends the Council move to approve the Mayor to sign the lease extension with the Washington State Military Department for the continued use of the Port Orchard Storage Building to provide storage and training space to the police department. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to approve the Mayor to sign the lease extension with the Washington State Military Department for the continued use of the Port Orchard Storage Building to provide storage and training space to the police department. Fiscal Impact: There is no fiscal impact. Alternatives: Not approve the lease extension and provide additional guidance. Attachments: Amendment No. 4. Page 60 of 208 Port Orchard Police Dept Page 1 of 2 LX17-007-4 State of Washington Military Department Bldg. 36, Camp Murray Tacoma, WA 98430-5013 Attn: Real Property Office Document Title: Lease Amendment No. 4 Lessor: Washington State Military Department Lessee: City of Port Orchard (Police Dept.) This LEASE Amendment No. 3 modifies Lease Number LX17-007 dated May 6, 2010, recorded under Pierce County and is entered into among the State of Washington Military Department whose address is Real Property Office, Camp Murray, Building 36, Tacoma, Washington 98430-5013, for its administrators, successors, and assigns, hereinafter called the Lessor, and City of Port Orchard (Police Dept.) hereinafter called the Lessee. Common Description of Premises: Port Orchard Storage Building (Butler Building). Assessor's Tax Parcel ID Number: A portion of 362401-1-014-200 Common Street Address: 1950 Mile Hill Drive, Port Orchard, Washington 98221, ARMORY Legal Description: A portion of said parcel located at 1950 Mile Hill Drive, Port Orchard, Washington 98221, legally described as: beginning in the north quarter corner of Section 36, Township 24 North Range 1 East, Willamette Meridian, thence South 0*12’40” west 87.22 feet to the true point of beginning; thence South 0*11’54”West 601.71 feet more or less to the north line of Lincoln Avenue; thence North 88*52’55” West 647.65feet more or less to the point of beginning, containing 8.825 acres more or less; subject to all easements and dedications of record. The purpose of this Lease Amendment is as follows: 1.Exercise the Lease for the last optional year from April 1, 2021 to March 31, 2022. 2.Amends paragraph 6A of Lease LX17-007 to read: The Lessee shall pay rent to the Lessor for the Premises at the following rate and the rent will be adjusted on an annual basis effective as of the annual anniversary date using a 3% increase annually. April 1, 2020 thru March 31, 2021 $911.66 Monthly All other terms, conditions, covenants, and amendments to this Lease, unless specifically altered, modified, or changed herein, remain in full force and effect. The effective date of this amendment is April 1, 2021 thru March 31, 2022. MIL # LX17-007-4 Page 61 of 208 Port Orchard Police Dept Page 2 of 2 LX17-007-4 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names. City of Port Orchard STATE OF WASHINGTON Police Dept. MILITARY DEPARTMENT By: By: (signature) (signature) Print Name: Print Name: Title: Title: Date: Date: BOILERPLATE APPROVED AS TO FOR Brian Faller (signature on file 6/16/2016) Assistant Attorney General Page 62 of 208 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 26, 2021 Subject: Adoption of an Ordinance Amending Prepared by: Nicholas Bond, AICP Port Orchard Municipal Code Chapters DCD Director 20.200 and 20.204 Concerning 2018 Atty Routing No.: 366922.0011 – Dev Building Code and Fire Codes Atty Review Date: January 10, 2021 Summary: Prior to the COVID pandemic, the 2018 building and fire codes were to be adopted by local municipalities in Washington by July 1, 2020. Due to the COVID-19 pandemic, in the spring of 2020, Governor Inslee issued an executive order extending this deadline to February 1, 2021. DCD staff had been working with South Kitsap Fire and Rescue (SKFR) to review some significant local amendments to the building and fire codes and were planning to present these items to the City Council at the January 19, 2021, work study meeting. However, on January 14, 2021, in recognition of the continued pandemic and the limited resources of Washington’s local governments, the Governor again extended the deadline for 2018 code adoption to June 2021, at which time staff reprioritized their work. Then, on January 19, 2021, the Governor rescinded the January 14, 2021 order. As discussed in the January 19, 2021, Council Work Study Session, it was no longer possible to complete the more substantial revisions to the building and fire codes by the February 1, 2021 adoption deadline. To meet the February 1, 2021 deadline, Staff prepared an ordinance to change “2015” to “2018” in the city’s codes. A second ordinance will be brought forward as time allows to provide a more complete review and consideration of local amendments. Beginning February 1, 2021, the updated State Building Codes take effect and include the following: • 2018 International Building Code with statewide amendments • 2018 International Residential Code with statewide amendments • 2018 International Mechanical Code with statewide amendments • 2018 International Fire Code with statewide amendments • 2018 Uniform Plumbing Code with statewide amendments • 2018 International Energy Conservation Code/Washington State Energy Code The City must amend Chapters 20.200 and 20.204 of the Port Orchard Municipal Code (POMC) to refer to the new State Building Codes and approve the ordinance at its January 26, 2021 meeting. The ordinance as prepared does not include any new local amendments to the State Building Codes. Recommendation: City staff recommends adoption of an ordinance amending POMC Chapters 20.200 and 20.204 as presented. Relationship to Comprehensive Plan: N/A Page 63 of 208 Staff Report 7A Page 2 of 2 Motion for consideration: “I move to adopt an ordinance amending POMC Chapters 20.200 and 20.204 to adopt the state updates to the City’s building and fire codes.” Fiscal Impact: None. Alternatives: To not adopt the ordinance and provide alternative direction. Attachments: Ordinance. Page 64 of 208 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTERS 20.200, BUILDING CODE, AND 20.204, FIRE PREVENTION CODE, OF THE PORT ORCHARD MUNICIPAL CODE TO CONFORM WITH UPDATES TO THE STATE BUILDING CODE UNDER CHAPTER 19.27 OF THE REVISED CODE OF WASHINGTON AND THE REVISED WASHINGTON STATE BUILDING CODE ACT; ADOPTING THE CURRENT STATE BUILDING CODES; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Washington State Building Code Council (Code Council) periodically adopts uniform codes of statewide applicability, collectively referred to as the State Building Code; and WHEREAS, the Washington state legislature has updated Chapter 19.27 of the Revised Code of Washington (RCW), the Washington State Building Code Act, to adopt the 2018 versions of the State Building Code, effective February 1, 2021; and WHEREAS, the City of Port Orchard (the “City”) has adopted by reference the State Building Codes as required by state law, to locally enforce said rules for the health, safety, and welfare of the public; and WHEREAS, Chapters 20.200, Building Codes, and 20.204, Fire Prevention Code, of the Port Orchard Municipal Code (POMC) will not conform to the State Building Code and RCW 19.27 after February 1, 2021 without amendment; and WHEREAS, the City Council wishes to update sections in Chapters 20.200 and 20.204 of the POMC so that Title 20 of the POMC is consistent with the State Building Code and RCW 19.27, effective February 1, 2021; and WHEREAS, the SEPA Responsible Official for the City determined that adoption of this ordinance is categorically exempt from environmental review as a procedural action under WAC 197-11-800(20); now therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. POMC 20.200.008 Building Codes Adopted by Reference - Amended. Port Orchard Municipal Code Section 20.200.008 is hereby amended to read as follows: 20.200.008 Building codes adopted by reference. Page 65 of 208 Ordinance No. ___ Page 2 of 5 The City of Port Orchard hereby adopts the following codes by reference, which are incorporated herein; provided, that the amendments, deletions, and additions thereto as provided in this chapter shall govern over the published provisions of the respective adopted code: (1) International Building Code. The 2018 edition of the International Building Code, published by the International Code Council, Inc., as adopted by the Washington State Building Code Council in Chapter 51-50 WAC. (a) The following appendices of the International Building Code are specifically adopted in their entirety: (i) Appendix B (ii) Appendix E: Supplementary Accessibility Requirements; and (iii) Appendix F. (b) Chapter 11 and other International Building Code requirements for barrier-free access, including ICC A117.1-2009 and Appendix E, are adopted pursuant to chapters 70.92 and 19.27 RCW. (2) International Residential Code. The 2018 edition of the International Residential Code, published by the International Code Council, Inc., as adopted by the Washington State Building Code Council in Chapter 51-51 WAC. (a) The following appendices of the International Residential Code are specifically adopted in their entirety: (i) Appendix H; and (ii) Appendix M. (b) The following chapter of the International Residential Code is specifically excluded in its entirety: (i) Chapter 41: Appliance Installation (ii) Chapter 42: Swimming Pools. (3) International Mechanical Code. The 2018 edition of the International Mechanical Code, published by the International Code Council, Inc., as adopted by the Washington State Building Code Council in Chapter 51-52 WAC. Page 66 of 208 Ordinance No. ___ Page 3 of 5 (a) The following appendices of the International Mechanical Code are specifically adopted in their entirety: (i) Appendix A; (4) International Fuel Gas Code. The 2018 edition of the International Fuel Gas Code published by the International Code Council, Inc., as adopted by the Washington State Building Code Council in Chapter 51-52 WAC. (5) International Fire Code. (See Chapter 20.204 POMC) (6) Uniform Plumbing Code. Except as provided in RCW 19.27.170, the 2018 edition of the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials, as adopted by the Washington State Building Code Council in Chapters 51-56 and 51-57 WAC. (7) The Washington State Energy Code. The 2018 International Energy Conservation Code/Washington State Energy Code for Commercial and Residential as amended and adopted in Chapter 51-11 WAC. (8) The 2018 International Existing Building Code. (8) Uniform Code for Abatement of Dangerous Buildings. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings together with the appendices, as published by the International Conference of Building Officials, is hereby adopted, except that references to the uniform codes shall be replaced with the appropriate technical codes and sections as adopted by the City. A copy of the code referenced herein is on file with the city clerk. SECTION 2. Section 20.204.010 POMC Amended. Port Orchard Municipal Code Section 20.204.010 is hereby amended to read as follows: 20.204.010 International Fire Code, 2018 Edition, adopted. The 2018 Edition of the International Fire Code, as adopted by the Washington State Building Code Council, including amendments, is hereby adopted, together with Appendices B and D, except as to local amendments as set forth in POMC 20.204.100, as the official fire prevention code of the city of Port Orchard, as though fully set forth herein. One copy is on file in the office of the city clerk. Page 67 of 208 Ordinance No. ___ Page 4 of 5 SECTION 3. Section 20.204.100 POMC Amended. Port Orchard Municipal Code Section 15.12.100 is hereby amended to read as follows: 20.204.100 Local amendments to the 2018 Edition of the International Fire Code. The city of Port Orchard adopts, as local amendments, and further amends the following sections of the 2018 Edition of the International Fire Code as adopted by the Washington State Building Code Council, including amendments to appendices B and D as follows: *** SECTION 4. Copy of Codes on File. Pursuant to RCW 35A.12.140, at least one copy of each and every code of technical regulations adopted by reference in this ordinance shall be filed and maintained by the city clerk for use and examination by the public. SECTION 5. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 6. Corrections. Upon approval of the city attorney, the city clerk and the codifiers of this ordinance are authorized to make necessary technical corrections to this ordinance, including, without limitation, the correction of clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or section/subsection numbering. SECTION 7. Effective Date. This ordinance shall be in full force five days after posting and publication as required by law. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 26th day of January 2021. ____________________________ Robert Putaansuu, Mayor ATTEST: ______ Brandy Rinearson, MMC, City Clerk Page 68 of 208 Ordinance No. ___ Page 5 of 5 APPROVED AS TO FORM ONLY: SPONSOR: ____________ ____________________________ Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 69 of 208 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 26, 2021 Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with SH&H Valuation and Public Works Director Consulting for Appraisal Service at Atty Routing No.: 366922.0009 - PW Parcel #4650-011-001-0001 and Atty Review Date: January 21, 2021 Documenting Procurement Procedures Summary: On January 12, 2021, the City Council identified Tax Parcel No. 4650-011-001-0001 (Kitsap Bank Parcel) (the “Property”) as the preferred site for the future South Kitsap Community Events Center and authorized the Mayor to enter into a Letter of Agreement with Kitsap Bank, the owner of the Property, for negotiations of a purchase and sale agreement for the Property. Consistent with that authorization, the Mayor of the City of Port Orchard requested an appraisal of the Property. On January 14, 2021, Public Works Department staff, in accordance with the City’s Current Procurement Policies, identified SH&H Valuation and Consulting as a qualified service provider from the MRSC Roster under Main Category: Real Estate & Property Services; and Subcategory: Appraisal. Upon completion of the Bidder’s Checklist to confirm qualifications, SH&H Valuation and Consulting was selected. Public Works Staff then requested a proposal from SH&H Valuation and Consulting for a 3-Approach Appraisal. On January 15, 2021, the City received a proposal, including a defined Scope of Work, Budget, and Timeline for the Project, in an amount of $4,500. Recommendation: Staff recommends adoption of Resolution No. 008-21, thereby approving Contract No. C024-21 with SH&H Valuation and Consulting for the 3-Approach Appraisal of Tax Parcel No. 4650- 011-001-0001 (Kitsap Bank Parcel) in an amount of $4,500.00 and documenting the Professional Services procurement procedures. Relationship to Comprehensive Plan: N/A Motion for Consideration: I move to adopt Resolution No. 008-21, authorizing the Mayor to execute Contract No. C024-21 with SH&H Valuation and Consulting for the 3-Approach Appraisal of the Kitsap Bank Parcel in an amount of $4,500, and documenting the Professional Services procurement procedures. Fiscal Impact: Unbudgeted task, a future Budget Amendment may be required. Attachments: Resolution No. 008-21, Contract No. C024-21, and Ex. A to Contract No. C024-21: SH&H Valuation and Consulting Appraisal Proposal (dated 1/15/2021). Page 70 of 208 RESOLUTION NO. 008-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C024-21 WITH SH&H VALUATION AND CONSULTING FOR APPRAISAL SERVICE AT PARCEL 4650-011-001-0001 (KITSAP BANK PARCEL), AND DOCUMENTING PERSONAL SERVICES PROCUREMENT PROCEDURES. WHEREAS, the procurement threshold for personal services, including appraisal and valuation services, in the City of Port Orchard’s Procurement Policy, allows for direct selection of a service provider off the current MRSC Roster; and WHEREAS, on January 14, 2021, the City of Port Orchard Public Works Department used MRSC Roster main category Real Estate & Property Services, subcategory Appraisal, to locate a qualified vendor, and thereafter requested a proposal from SH&H Valuation and Consulting; and WHEREAS, on January 15, 2021, the City’s Public Works Department received the proposal from SH&H Valuation & Consulting; and WHEREAS, upon completion of the Bidder’s Checklist to confirm qualification, the City’s Public Works Department awarded the contract to the firm, SH&H Valuation & Consulting; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves and authorizes the Mayor to execute Contract No. C024- 21 with SH&H Valuation and Consulting for Appraisal Services at Parcel 4650-011-001-0001 (Kitsap Bank Parcel). 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 Clerk in authentication of such passage this 26th day of January 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 71 of 208 Page 72 of 208 Page 73 of 208 Page 74 of 208 Page 75 of 208 Page 76 of 208 Page 77 of 208 Page 78 of 208 Page 79 of 208 Barbro A. Hines, MAI, SRA Partner/Appraiser Page 80 of 208 Page 81 of 208 Page 82 of 208 Page 83 of 208 i January 15, 2020 Colby Wattling Public Works Procurement Specialist City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 e-mail: cwattling@cityofportorchard.us RE: Kitsap Bank 619 Bay Street Port Orchard, WA 98366 APN 46500110010001 Leasehold Interest in APN 26240110012004 Dear Mr. Wattling: Per our recent correspondence, our firm can supply you with appraisal services concerning the above referenced property. The purpose of the appraisal is to provide an opinion as to the value as of the date of inspection. The fee to complete an appraisal of the fee simple interest in parcel 46500110010001 and the leasehold interest in parcel 26240110012004 is $4,500. The appraisal will be completed within five weeks of engagement. The appraisal will be prepared with the intent to be in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, which includes the Uniform Standards of Professional Appraisal Practice. If you have any questions, please do not hesitate to contact me. It is my understanding that this letter will be used in the drafting of a formal notice to proceed by the city. We will proceed with the appraisal upon full execution of the formal proposal. Sincerely, Barbro A. Hines, MAI, SRA Page 84 of 208 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 26, 2021 Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with Herrera Environmental Public Works Director Consultants, Inc. for the 2021 Atty Routing No.: N/A Stormwater and Watershed Atty Review Date: N/A Comprehensive Plan – Phase I and Documenting Procurement Procedures Summary: On October 2nd and October 9th, 2020, the City’s Public Works Department published a Request for Qualifications (RFQ) for the 2020-2021 Stormwater and Watersheds Comprehensive Plan. By the October 23, 2020 deadline, two (2) Statements of Qualification (SOQ) were received. On October 27, 2020, Staff completed the Mandatory Bidder Responsibility Checklist for both firms. On November 16, 2020, Staff interviewed both firms, then scored and selected Herrera Environmental Consultants, Inc. for the Project. Public Works Staff then met with Herrera Environmental Consultants, Inc. to discuss, clarify and develop the Project Understanding, and on January 12, 2021, the City received a defined Scope of Work, Budget and Project Timeline for the Project in an amount of $235,515, including reimbursable expenses. Recommendation: Staff recommends adoption of Resolution No. 001-21, thereby approving Contract No. C001-21 with Herrera Environmental Consultants, Inc. for the 2021 Stormwater and Watersheds Comprehensive Plan – Phase I in the amount of $235,515 and documenting the Professional Services procurement procedures. Relationship to Comprehensive Plan: Chapter 7.2 – City Managed Utilities Motion for Consideration: I move to adopt Resolution No. 001-21, thereby approving Contract No. C001-21 with Herrera Environmental Consultants, Inc. for the 2021 Stormwater and Watersheds Comprehensive Plan – Phase I in the amount of $235,515. Alternatives: Do not approve. Fiscal Impact: Funding provided ($400K) within the current 2021-2022 Biennial Budget. Attachments: Resolution No. 001-21, Contract No. 001-21, and HEC, Inc. Proposal (dated 1/12/2021). Page 85 of 208 RESOLUTION NO. 001-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C001-21 WITH HERRERA ENVIROMENTAL CONSULTANTS, INC. FOR THE 2021 STORMWATER AND WATERSHEDS COMPREHENSIVE PLAN – PHASE I AND DOCUMENTING PROFESSIONAL SERVICES PROCUREMENT PROCEDURES. WHEREAS, on October 2 and October 9, 2020, the City of Port Orchard Public Works Department published a Request for Qualifications (RFQ) for the FY 2020-2021 Stormwater and Watersheds Comprehensive Plan; and WHEREAS, by the October 23, 2020 deadline, the City’s Public Works Department only received two (2) Statements of Qualification (SOQ) from qualified firms; and WHEREAS, on October 27, 2020, Staff completed the Mandatory Bidder Responsibility Checklist for the two (2) qualified firms and since there were only two (2) SOQ’s received, the City’s Public Works Department provided interview notifications to both firms; and WHEREAS, on November 16, 2020, Staff interviewed the two (2) qualified firms, and upon interview scoring/ranking, the City’s Public Works Department selected Herrera Environmental Consultants, Inc. for the Project award and subsequently met to discuss, clarify and develop the Project Understanding (Scope, Budget and Timeline); and WHEREAS, on January 12, 2021, Herrera Environmental Consultants, Inc. provided the City’s Public Works Department with a viable Proposal for the 2021 Stormwater and Watersheds Comprehensive Plan – Phase I; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves of and authorizes the Mayor to execute Contract No. C001-21 with Herrera Environmental Consultants, Inc. for the 2021 Stormwater and Watersheds Comprehensive Plan – Phase I. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. Page 86 of 208 Resolution No. 001-21 Page 2 of 2 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 26th day of January 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 87 of 208 Page 88 of 208 Page 89 of 208 Page 90 of 208 Page 91 of 208 Page 92 of 208 Page 93 of 208 Page 94 of 208 Page 95 of 208 Page 96 of 208 Page 97 of 208 Page 98 of 208 Page 99 of 208 Page 100 of 208 Page 101 of 208 Page 102 of 208 Page 103 of 208 Page 104 of 208 Page 105 of 208 Page 106 of 208 Page 107 of 208 Page 108 of 208 Page 109 of 208 Page 110 of 208 Page 111 of 208 Page 112 of 208 Page 113 of 208 Page 114 of 208 Page 115 of 208 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 26, 2021 Subject: Adoption of a Resolution Approving an Prepared by: Noah Crocker Agreement with the Department of Finance Director Revenue for Business License Services Atty Routing No.: 366922.0007 – Finance January 21, 2021 Summary: Per RCW 35.090.020 (1), “a city that requires a general business license of any person that engages in business activities within that city must partner with the department (Revenue) to have such license issued, and renewed if the city requires renewal, through the business licensing service in accordance with chapter 19.02 RCW.” The City is required to utilize the services of the Washington Department of Revenue (DOR) for business licensing (or to contract with another authorized agency). The purpose of this Agreement is to establish the terms under which the City will utilize the Business Licensing Services (BLS) program hosted by DOR, wherein DOR will act as the City’s agent for the purpose of collecting, processing, and disbursing information, licenses, and fees related to the City’s licensing or other regulatory activities. The City worked with DOR to update our contract documents for this service. This resolution would authorize the Mayor to sign and execute the updated contract. Recommendation: Staff recommend approving the Resolution as provided. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to adopt a Resolution authorizing the Mayor to enter into the Business Licenses Service Agreement with Department of Revenue.” Fiscal Impact: N/A Alternatives: Do not approve Resolution and provide alternative guidance. Attachments: Resolution and Agreement. Page 116 of 208 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF REVENUE, BUSINESS LICENSING SERVICES, AND THE CITY OF PORT ORCHARD, PURSUANT TO THE AUTHORITY GRANTED BY CHAPTER 39.34 RCW. WHEREAS, per RCW 35.090.020 (1) “a city that requires a general business license of any person that engages in business activities within that city must partner with the department (Revenue) to have such license issued, and renewed if the city requires renewal, through the business licensing service in accordance with chapter 19.02 RCW”, and WHEREAS, consistent with Chapter 39.34 RCW, the Interlocal Cooperation Act, the City Council for the City of Port Orchard desires to enter into an agreement with the Department of Revenue under the Business Licensing Services (BLS) program for the collecting, processing, and disbursing information, licenses, and fees related to the City’s business licensing; 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 Mayor of the City of Port Orchard is hereby authorized to sign the Agreement between the State of Washington Department of Revenue, Business Licensing Services, and the City of Port Orchard, attached hereto as Exhibit A. THAT: A copy of the a forementioned agreement shall be posted to the City’s website, in accordance with RCW 39.34.040. 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 26th day of January 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 117 of 208 DOR Contract Number: K1911 Page 1 of 10 BUSINESS LICENSING SERVICES AGREEMENT I. Parties and Contact Information This Business Licensing Services Agreement (“Agreement”) is entered into between the parties identified below: State of Washington City of Port Orchard Department of DOR Business Licensing Service (“Revenue) (“Partner) Mailing Address PO Box 47475 Olympia, WA 98504-7475 216 Prospect Street Port Orchard, WA 98366 Delivery Address 6500 Linderson Way, SW, Ste. 102 Tumwater, WA 98501 216 Prospect Street Port Orchard, WA 98366 Contact Person Katie Early Phone: (360) 705-6607 E-mail: KatieE@dor.wa.gov Noah Crocker, Finance Director (360) 876-7023 ncrocker@cityofportorchard.us II. Purpose and Background The purpose of this Agreement is to establish the terms under which the Business Licensing Services (BLS) program of the Department of Revenue will act as Partner’s agent for the purpose of collecting, processing, and disbursing information, licenses, and fees related to Partner’s licensing or other regulatory activities, hereafter referred to as Confidential Licensing Information. Partner retains all power and authority over its business licensing and other regulatory activities except as expressly delegated to Revenue under this Agreement. Per RCW 35.090.020 (1) “a city that requires a general business license of any person that engages in business activities within that city must partner with the department (Revenue) to have such license issued, and renewed if the city requires renewal, through the business licensing service in accordance with chapter 19.02 RCW.” III. Effective Date This Agreement is effective as of (check one) : (mm/dd/yyyy). the date of the last signature of the parties. IV. Services Provided by Revenue Revenue will perform the services identified in this Section IV using best efforts in a manner determined by Revenue in good faith to be appropriate considering objectives, costs, and effectiveness. • Distribute and process initial and renewal internet and/or paper-based applications for Partner’s business licensing and/or other regulatory activities. Page 118 of 208 DOR Contract Number: K1911 Page 2 of 10 • Collect and process license fees and licensing information received from applicants and licensees. Disburse collected fees as directed by Partner. • Issue Business License with Partner’s license endorsement as authorized by Partner. • Provide routine reports on Partner’s business licenses as requested by Partner, which may include daily lists of new business applications and renewals, fees processed each day, weekly list of pending accounts, and lists of businesses for which fees have been transferred. • Maintain electronic or microfilm images of all paper documents and electronic representations of electronic filings received by Revenue from applicants and provide copies or certified copies as requested. • Maintain a database containing information received from applicants and licensees (the BLS Database). • Provide technical assistance to establish and configure appropriate BLS Database access and secure access for Partner staff. • Provide initial training to Partner staff in the use of the BLS Database, and ongoing training to address changes to the BLS database/access protocols or in Partner staff. Training will occur at Partner’s location, over the telephone, or online, as agreed upon by the parties. • Effect reasonable modifications in the BLS system, database, process, or forms to accommodate Partner’s licensing or other regulatory requirements. Revenue will consult with Partner in evaluating alternatives and determining the most feasible and timely means of achieving Partner objectives. • Timely notify Partner of other modifications to the BLS system, database, process, or forms, including modifications accommodating other BLS partners. V. Partner Obligations • Timely provide Revenue with all information requested to implement Partner’s participation in the BLS program. • Follow all requirements identified by Revenue as necessary for participation in the BLS program, including using : o The Business License Application and other forms and processes established by Revenue; o The “Business License” document for proof of licensure under Partner’s licensing or regulatory program. o The Unified Business Identifier (UBI) number to identify licensees and license accounts in all communications with Revenue. • Obtain and maintain at its own cost, all necessary equipment and online services required at Partner’s business location(s) to support Partner’s access into and use of the BLS Database. End-to-end testing will take place until such time as Revenue is satisfied. • Ensure Partner Licensing and Information Technology staff are available to respond promptly to Revenue. Partner staff will be knowledgeable of Partner operations and/or technology and be able to assist Revenue staff with process improvements and/or troubleshooting. • Provide timely advance notice to Revenue of potential changes to Partner business licensing requirements, fees or processes. Page 119 of 208 DOR Contract Number: K1911 Page 3 of 10 • Upon request by Revenue, provide statistical data associated with the BLS Partner Partnership Agreement such as Full Time Equivalent (FTE) savings, change in number of Partner licensees, and change in revenue flow. VI. Compensation Services identified in this Agreement are provided by Revenue at no charge with the exception of the following: • Partner shall reimburse Revenue the costs of developing and producing ad hoc informational reports. Ad hoc reports will be created only if requested by the Partner and agreed-upon by Revenue. • Partner shall reimburse Revenue’s expenses for the implementation of changes to the BLS process, if requested by the Partner and agreed-upon by Revenue. • All project coordination costs, including travel-related expenses, shall be absorbed by the respective parties for their own staff. VII. Billing Procedures Partner will provide and maintain with Revenue its current billing addresses and the personnel, if any, to whom invoices should be directed. Revenue shall submit invoices to Partner as-needed, but in no event more frequently than monthly. Partner shall pay all invoices by warrant or account transfer within thirty (30) calendar days of the invoice issue date. Upon expiration or termination of this Agreement, any claim for payment not already made shall be submitted within ninety (90) calendar days after the expiration/termination date or the end of the fiscal year, whichever is earlier. VIII. Confidentiality and Data Sharing The parties agree to the confidentiality and data sharing provisions set forth in Exhibit A and incorporated herein by this reference. IX. Term and Termination This agreement is effective until terminated. Either party may terminate this Agreement upon ninety (90) calendar days' prior written notice to the other party. This agreement may also be amended by mutual written agreement of both parties. X. Disputes The parties agree to participate in good faith mediation to resolve any disputes that are not otherwise resolved by agreement, prior to any action in court or by arbitration. At any time, either party may initiate formal mediation by providing written request to the other party setting forth a brief description of the dispute and a proposed mediator. If the parties cannot agree upon a mediator within fifteen (15) calendar days after receipt of the written request for mediation, the parties shall use a mediation service that selects the mediator for the parties. Each party shall be responsible for one-half of the mediation fees, if any, and its own costs and attorneys’ fees. Page 120 of 208 DOR Contract Number: K1911 Page 4 of 10 XI. Miscellaneous A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington. Any action arising out of this Agreement must be commenced in Thurston County, Washington. B. Interpretation. This Agreement shall be interpreted to the extent possible in a manner consistent with all applicable laws and not strictly for or against either party. C. No Waiver. The failure of either party to enforce any term in any one or more instance will not be construed as a waiver or otherwise affect any future right to insist upon strict performance of the term. No waiver of any term of this Agreement shall be effective unless made in writing and signed by personnel authorized to bind the party against whom enforcement is sought. D. Assignment and Delegation. Either party may assign any right or interest, or delegate any duty or obligation, arising under this Agreement upon thirty (30) days written notice to the other party. E. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the remaining provisions of this Agreement shall be given effect to the extent consistent with applicable law and the fundamental purpose of this Agreement. F. Survival. Terms of this Agreement which by their nature would continue beyond termination will survive termination of this Agreement for any reason, including without limitation, Sections 3 through 7 in Exhibit A. G. No third party beneficiaries. This Agreement is for the benefit of the parties and their successors and may not be enforced by any non-party. H. Amendments. No amendment to this Agreement is enforceable unless made in writing and signed by personnel authorized to bind the party against whom enforcement is sought. I. Merger and integration. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. J. Changes in law. The provisions of this Agreement shall be deemed to change in a manner that is consistent with any changes to any directly applicable statutory authority, provided that the change is consistent with the manifest intent of this Agreement and does not conflict with any of its express provisions. Any such change to this Agreement shall be effective on the effective date of the change in authority. Page 121 of 208 DOR Contract Number: K1911 Page 5 of 10 IN WITNESS WHEREOF, this Agreement is executed effective as of the date specified above. State of Washington Department of Revenue Business Licensing Services Partner ________________________________________ _______________________ Date ____________________________________ _______________________ Date Template approved as to form On File Kelly Owings, Assistant Attorney General for Washington State Approved as to form ____________________________________ _____________________ _______________________ Date Page 122 of 208 DOR Contract Number: K1911 Page 6 of 10 EXHIBIT A CONFIDENTIALITY AND DATA SHARING AGREEMENT I. Purpose and Scope The following provisions establish the terms under which the Department of Revenue (“Revenue”) and Partner will share confidential data pursuant to the Business Licensing Services Agreement (the “Agreement”). II. Definitions A. “Confidential Licensing Information” (CLI) has the same meaning as “Licensing Information” under Revised Code of Washington (RCW) 19.02.115(1)(b). CLI is classified as at least Category 3 data under Washington’s Standard for Securing Information Technology Assets, Office of the Chief Information Officer (OCIO) Standard No. 141.10. B. “Confidential Tax Information” (CTI) has the same meaning as “Return,” “Tax Information,” and “Taxpayer Identity” under RCW 82.32.330(b), (c), & (e). CTI is classified as at least Category 3 data under Washington’s Standard for Securing Information Technology Assets, OCIO Standard No. 141.10. C. “Confidential” refers to data classified as at least Category 3 data under Washington’s Standard for Securing Information Technology Assets, OCIO Standard No. 141.10. D. “Portable Devices” refers to small portable computing devices. Examples of portable devices include, but are not limited to handhelds/PDAs, Ultramobile PCs, flash memory devices (e.g., USB flash drives, personal media players), portable hard disks, and laptop/notebook computers. E. “Portable Media” refers to small portable digital storage media. Examples of portable media include, but are not limited to optical media (e.g., CDs, DVDs, Blu-Rays), magnetic media (e.g., floppy disks, tape, Zip or Jaz disks), or flash media (e.g., CompactFlash, SD, MMC). F. “Data” refers to individual pieces of information. G. “Cloud” refers to a non-Partner data center(s) offering infrastructure, operating system platform, or software services. A more complete definition of “cloud” can be found in the National Institute of Standards (NIST) Special Publication 800-145. H. “Encryption” refers to enciphering data with a NIST-approved algorithm or cryptographic module using a NIST-approved key length. I. “Complex Password” or “Complex Passphrase” refers to a secret phrase, string of characters, numbers, or symbols used for authentication that is not easily guessable and meets an established industry guideline for complexity and length, such as NIST Special Publication 800- 118. III. Data Classification, Authorized Use, Access, and Disclosure A. Data Classification: Data shared under this Agreement is considered confidential and classified as at least Category 3 data under Washington’s Standard for Securing Information Technology Assets, OCIO Standard No. 141.10. B. Permitted Uses: Business licensing information may be used for official purposes only. C. Permitted Access: Business licensing information may be accessed only by Partner’s employees and agents that have a bona fide need to access such information in carrying out their official duties. D. Permitted Disclosure: Business licensing information received under the Agreement must not be disclosed to non-parties unless the disclosure is: 1) Ordered under any judicial or administrative proceeding; or 2) Otherwise expressly authorized by Revenue in writing. Page 123 of 208 DOR Contract Number: K1911 Page 7 of 10 IV. Confidentiality Partner and Revenue each agree to keep confidential and secure from unauthorized use, access, or disclosure all confidential data received under the Agreement. A. Ensuring Security: Partner shall establish and implement physical, electronic, and managerial policies, procedures, and safeguards to ensure that all confidential data exchanged under this Agreement is secure from unauthorized use, access, or disclosure. B. Proof of Security. Revenue reserves the right to monitor, audit, or investigate Partner’s security policies, procedures, and safeguards for confidential data. Partner agrees to provide information or proof of its security policies, procedures, and safeguards as reasonably requested by Revenue. V. Statutory Prohibition Against Disclosure; Confidentiality Agreement A. Criminal Sanctions. RCW 19.02.115(2) prohibits the disclosure of Confidential Licensing Information, except as expressly authorized under RCW 19.02.115(3). RCW 82.32.330(2) prohibits the disclosure of Confidential Tax Information except as expressly authorized under RCW 82.32.330(3). It is a misdemeanor for any person acquiring Confidential Licensing Information or Confidential Tax Information under this Agreement to disclose such information in violation of the disclosure limitations stated in RCW 19.02.115 and RCW 82.32.330. Partner will require employees with access to Confidential Licensing Information and/or Confidential Tax Information to sign a copy of the confidentiality agreement attached at Exhibit C. VI. Breach of Confidentiality In the event of any use, access, or disclosure of confidential data by Partner, or its employees or agents in material violation of the terms of this Agreement: A. Partner shall notify Revenue in writing as soon as practicable, but no later than three working days, after determining that a violation has occurred. B. Revenue may immediately terminate this Agreement and require the certified return or destruction of all records containing confidential data received under the Agreement. VIII. Data Security Confidential data provided by Revenue shall be stored in a secure physical location and on Partner- owned devices with access limited to the least number of staff needed to complete the purpose of this Agreement. A. Partner agrees to store data only on one or more of the following media and protect the data as described: 1) Workstation hard disk drives a) Access to the data stored on local workstation hard disk drives will be restricted to authorized users by requiring logon to the local workstation using a unique user ID and complex password, passphrase, or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. b) If the workstation is not located in a secure physical location, hard drive must be encrypted. c) Workstations must be maintained with current anti-malware or anti-virus software. d) Software and operating system security patches on workstations must be kept current. Page 124 of 208 DOR Contract Number: K1911 Page 8 of 10 2) Network servers a) Access to data stored on hard disks mounted on network servers and made available through shared folders will be restricted to authorized users through the use of access control lists, which will grant access only after the authorized user has authenticated to the network using a unique user ID and complex password, passphrase, or other authentication mechanisms that provide equal or greater security, such as biometrics or smart cards. b) Data on disks mounted to such servers must be located in a secure physical location. c) Servers must be maintained with current anti-malware or anti-virus software. d) Software and operating system security patches on servers must be kept current. 3) Backup tapes or backup media a) Partner may archive Revenue data for disaster recovery (DR) or data recovery purposes. b) Backup devices, tapes, or media must be kept in a secure physical location. c) Backup tapes and media must be encrypted. d) When being transported outside of a secure physical location, tapes or media must be under the physical control of Partner staff with authorization to access the data or under the physical control of a secure courier contracted by Partner for transportation purposes. 4) Cloud Storage a) Revenue will meet cloud and data requirements in Washington’s Standard for Securing Information Technology Assets, OCIO Standard 141.10. b) Revenue and Partner will, at a minimum, meet the following requirements: i. Encrypt the data at rest and in transit. ii. Control access to the cloud environment with a unique user ID and complex password, passphrase, or stronger authentication method such as a physical token or biometrics. iii. Cloud provider data center(s) and systems must be Service Organization Control (SOC) 2 Type II certified. 5) All data provided by Revenue shall be stored on a secure environment by city staff. The City will implement these policies to ensure this security: a) Staff will not store or place any Revenue material on any portable devices or portable media (USB devices, CD/DVD, etc.). b) Staff will not email information provided by Revenue to anyone outside of City staff. c) Staff shall only access Revenue information on a City network computer. d) Staff will not save any Revenue reports or data on the hard drive of any City computer. It shall only be stored on a City network. B. Protection of Data in Transit Partner agrees that any retransmission of Revenue data over a network, other than the Partner’s internal business network will be encrypted. Page 125 of 208 DOR Contract Number: K1911 Page 9 of 10 IX. Data Segregation Revenue data must be segregated or otherwise distinguishable from non-Revenue data. This is to ensure that if the data is breached through unauthorized access it can be reported to Revenue and when the data is no longer needed by Partner, all Revenue data can be identified for return or destruction. X. Data Breach Notification If Partner or its agents detect a compromise or potential compromise in the data security for Revenue data such that data may have been accessed or disclosed without proper authorization, Partner shall give notice to Revenue within one (1) business day of discovering the compromise or potential compromise. Partner shall take corrective action as soon as practicable to eliminate the cause of the breach and shall be responsible for ensuring that appropriate notice is made to those individuals whose personal information may have been improperly accessed or disclosed. At a minimum, notification to Revenue will include: A. The date and time of the event; B. A description of the Revenue data involved in the event; and C. Corrective actions the Partner is taking to prevent further compromise of data. XI. Disposition of Data A. Records furnished to the Partner in any medium remain the property of Revenue. B. Revenue data no longer needed by the Partner must be disposed of following the data destruction procedures in this Agreement. C. Upon the destruction of Revenue data, the partner shall complete a Certification of Data Disposition (attached to this Agreement as Exhibit B), and submit it to the Contract Manager within 15 days of the date of disposal. XII. Data Destruction Procedures The following are acceptable destruction methods for various types of media. At least one method defined under the various types of media must be used to destroy Revenue data for that media type. A. Optical discs 1) Incinerate the disc(s); or 2) Shred the discs. B. Magnetic tape(s) 1) Degauss; 2) Incinerate; or 3) Crosscut shredding C. Digital files on server or workstation hard drives or similar media 1) For mechanical hard drives, use a “wipe” utility which will overwrite the data at least 3 times using either random or single character data; 2) For solid state hard drives, use a “secure erase” utility that resets all cells to zero; 3) Degauss sufficiently to ensure that the data cannot be reconstructed; or 4) Physically destroy disk(s) Page 126 of 208 DOR Contract Number: K1911 Page 10 of 10 D. Portable media 1) For mechanical hard drives, use a “wipe” utility which will overwrite the data at least 3times using either random or single character data; 2) For solid state hard drives and devices, use a “secure erase” utility that resets all cells to zero; 3) Degauss sufficiently to ensure that the data cannot be reconstructed; 4) Physically destroying disk(s) or devices; or 5) For SmartPhones and similar small portable devices use one of the following: a) If the devices are encrypted and secured with a complex password, the data is considered destroyed. Before disposal or reissuance of the device, make sure the data is encrypted and then reset the device to original or new condition; or b) If a Mobile Device Management (MDM) solution for the device exists, enable the remote wipe command to destroy the data. E. Cloud Storage Use the cloud provider’s procedures to permanently delete the files and folders. ****end***** Page 127 of 208 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 26, 2021 Subject: Approval of Change Order No. 1 to Prepared by: Nicholas Bond, AICP Contract No. 020-20 with GGLO, LLC for DCD Director the Downtown County Campus Subarea Atty Routing No.: N/A Plan Atty Review Date: N/A Summary: In January 2020, GGLO was hired to prepare the City’s Downtown and County Campus Subarea Plan and Planned Action EIS. The draft Subarea Plan was issued in October 2020, and since that time conceptual plans have been prepared for the South Kitsap Community Events Center (SKCEC) and Kitsap Bank’s new office, and other downtown development has been proposed. The City is requesting that GGLO provide additional site design and analysis to incorporate these updates into the Subarea Plan. GGLO has prepared a supplemental services agreement, which will result in an additional expenditure of $24,570 and will extend Contract CO20-20 from April 1, 2021 to June 1, 2021. Relationship to Comprehensive Plan: The Subarea Plan will be adopted as an appendix to the City’s Comprehensive Plan. Recommendation: Staff recommends that the City Council approve the change order and supplemental services agreement for Contract CO20-20 as presented. Motion for consideration: “I move to approve a change order and supplemental services agreement for Contract CO20-20 with GGLO, LLC.” Fiscal Impact: The additional services provided by GGLO, LLC will result in an expenditure of $24,570 over the $206,845 in the original contract. Kitsap Bank and the developer for the block including 640 Bay Street have agreed to contribute to this cost. Alternatives: Do not approve the change order; request modifications to the change order. Attachments: Change Order; Supplemental Services Agreement; and Contract CO20-20. Page 128 of 208 U:\Staff Reports\2021\20210126\7E 02_GGLO Change Order.doc Page 1 CITY OF PORT ORCHARD Authorization for Change Order No. 1 Date: January 26, 2021 Contractor: GGLO, LLC Project: Downtown & County Campus Subarea Plan 1301 First Avenue, Suite 301 Contract / Job # C020-20 Seattle, WA 98101 Amount Sales Tax Total Date Appvd by Original Contract $206,845.00 $0.00 $206,845.00 15-Jan-20 Council Change Order 1 $24,570.00 $0.00 $24,570.00 26-Jan-21 Total Contract $231,415.00 $0.00 $231,415.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature City Official Signature Jeff Foster, Principal Nick Bond, Community Development Director Approved: Mayor Attest: City Clerk January 26, 2021 January 26, 2021 Council Approval Date THIS CHANGE ORDER AUTHORIZES: GGLO will engage in additional site design, analysis and coordination for the Downtown and County Campus Subarea Plan, to incorporate the updated concept plans for the new Kitsap Bank office, the plans for the South Kitsap Community Events Center, mixed-use residential development on Bay Street, and adjacent streets and parking areas. GGLO’s contract will be extended from April 1, 2021 to June 1, 2021. Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. Page 129 of 208 u:\staff reports\2021\20210126\7e 03_gglo supplemental services agmt contract c020-20.docx Revised (wpc) 2/25/05 Supplemental Services Agreement – SSA-01 Project: Downtown Port Orchard Sub Area Plan and Planned Action EIS Owner: City of Port Orchard, WA 216 Prospect Street Port Orchard, WA 98366 Date of Agreement: January 15, 2020 SSA No.: SSA-01 Date of SSA January 21, 2021 Project No.: 2019099.01 In accordance with the Agreement referenced above, authorization is hereby given to: proceed with Additional Services proceed with revised scope of Basic Services incur Reimbursable Expenses AS FOLLOWS: TASK 121 – Additional Downtown Site Design and Analysis Subsequent to the completion of the draft subarea plan, the City has requested that GGLO team engage in additional site design, coordination, and analysis to incorporate the updated concept plans for the South Kitsap Community Events Center, New Kitsap Bank office, mixed-use residential development across Bay Street, and adjacent Streets and parking areas. All meetings and coordination will be conducted via zoom. GGLO Additional Scope: 1. Coordinate with the community center development team, Kitsap Bank and Sound West Group to verify project design, goals, and potential policy revisions to be incorporated into the subarea Plan. 2. Coordinate with the City and the Port Commission to study how proposed subarea plan revisions may meet the needs of the port commission and are consistent with the broader goals of the City’s Comprehensive Plan. 3. Develop recommendations for Subarea Plan design and policy revisions related to the existing marina parking lot, adjacent streets, and waterfront open space to connect with and support proposed redevelopment projects associated with the community events center master plan. 4. Coordinate with EA and TSI to support the parking analysis and revisions to the EIS. 5. Attend (1) focus group outreach meeting with each of the following groups (4 total): community center design team, port representative, Kitsap Bank, and Sound West Group. 6. Attend up to (3) large group coordination meetings with the City, Rice Fergus Miller, Port representative, and adjacent property owners. Page 130 of 208 City of Port Orchard SSA-01 January 21, 2021 Page 2 Additionally, TSI will prepare a conceptual parking demand analysis for the proposed development. EA will incorporate the revisions into the EIS and respond to additional related EIS comments. TSI Parking Assessment Scope: 1. Confirm existing land uses and quantities (square feet, number of units) with GGLO staff 2. Verify a future preferred alternative for the subarea plan together with GGLO. 3. Forecast parking requirements and demands based on existing and future preferred land uses and quantities. Parking will be analyzed based on the current Port Orchard Municipal Code requirements, data published in the Institute of Transportation Engineers Parking Generation Manual, 5th Edition, and other resources. 4. Develop a technical memorandum summarizing parking requirements and demands for the future preferred alternative. 5. Respond to comments and feedback from GGLO, City staff, and stakeholders during this task. EA Additional Scope: 1. Coordination with GGLO and City of Port Orchard regarding changes to the Subarea Plan and new Parking Analysis. 2. Coordination with TSI regarding Parking Analysis. 3. Revisions to Chapter 2 (Description of the Proposed Actions and Alternatives) and Chapter 3 (Environmental Impacts, Mitigation, Significant Unavoidable Impacts) of the Final EIS to reflect changes to the Subarea Plan and new Parking Analysis. 4. Coordination with GGLO, TSI, and the City of Port Orchard regarding response to comments received on the Draft EIS related to changes to the Subarea Plan and Parking Analysis, and incorporation of comment response information into the Final EIS. The City has indicated an anticipated start for this scope of work on February 1, 2021. Compensation shall be adjusted as follows: Labor: - Task 111 – Pre-Development Services o $15,000 – GGLO – Urban Design / Architecture / Landscape Architecture o $6,600 – TSI – Parking Analysis o $2,970 – EA – Additional EIS Analysis o $24,570 – Total Estimate, to be paid invoiced on an hourly basis and paid in full by monthly invoices Page 131 of 208 City of Port Orchard SSA-01 January 21, 2021 Page 3 Reimbursable Expenses: - shall be invoiced at 1.1 times actual cost and paid in full. Time for performance shall be adjusted as follows: Work shall be performed prior to the March 31, 2021. The terms of the original schedule shall be extended from April 01, 2021 to June 01, 2021. Upon execution, this Supplemental Services Agreement shall become a part of the original Agreement referenced above, and supplemental services described above shall commence. Submitted by: GGLO, 1301 1st Avenue Suite 301 Seattle, WA 98101 By: Authorized by Owner: City of Port Orchard, WA 216 Prospect Street Port Orchard, WA 98366 By: Printed Name: Jeff Foster Printed Name: Robert Putaansuu Title: Principal Title: Mayor Date: Date: END OF SUPPLEMENTAL SERVICES AGREEMENT Page 132 of 208 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the l5th day of January 2020, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and GGLO, LLC, a Limited Liability Company, organized under the laws of the State of Washington, doing business at: GGLO, LLC l30l First Ave Suite 301 Seattle, WA 98101 (hereinafter the "CONSULTANT") Contact: Jeff Foster Phone: (206) 465-5828 Fax: (206) 467-0627 for professional services in connection with the following Project: Downtown Port Orchard Sub Area Plan and Planned Action EIS TERMS AND COI\DITIONS 1. Seruices by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit " 8," with the study area shown on exhibit "A," and in accordance with the schedule as shown on exhibit "D." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibits "A and B" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. City of Port Orchard and GGLO, LLc Public ll/orks Project No. _ Professional Service Agreement Contract No. ozo-2o I ofS Rev 7/18/2019 Page 133 of 208 B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shallcommence on Januarv 15.2020 ("Commencement Date") and shall terminate April l, 2021 unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. Compensation. TIME, AND MATERIALS NOT TO EXCEE,D. Compensation for these services shall not exceed $206,845 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibits "Cl and C2." 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third-party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer- employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E,. tf the services rendered do not meet the requirements ofthe Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. 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 City of Port Orchard and cct-o, t-t-c Public ll/orks Project No. _ Professional Service Agreement Contract No. ozo-zo 2 of8 Rev 7/18/2019 Page 134 of 208 approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor-client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub-consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub-consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the perforrnance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub-consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. l. 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. City of Port Orchard and ectl LLC Public lAorks Project No. _ Professional Service Agreement Contracl No. ozo-zo 3 of 8 Rev 7/1812019 Page 135 of 208 2. Default. tf the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. Drawings, Specifications and other documents, including those in electronic form, prepared by the Consultant and the Consultant's consultants are Instruments of Service for use solely with respect to the Project. Nevertheless, upon full payment of all sums due or anticipated to be due the Consultant under this Agreement and upon performance of all the City's obligations under this Agreement, the latest original Drawings, Specifications, and the latest electronic data prepared by the Consultant and the Consultant's consultants for the Project shall become the property of the City. This conveyance shall not deprive the Consultant or the Consultant's consultants of the right to retain electronic data or other reproducible copies of the Drawings and Specifications or the right to reuse information contained in them in the normal course of their professional activities. The Consultant and the Consultant's consultants shall be deemed the authors of such electronic data, documents, and design, and shall retain all rights not specifically conveyed, and shall be given appropriate credit in any public display of such documents. Under no circumstances shall the transfer of ownership of the Drawings, Specifications, electronic data or other Instruments of Service be deemed to be a sale by the Consultant, and the Consultant makes no warranties, express or implied, of MERCHANTABILITY or of fitness for a particular purpose. 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, City of Port Orchard and ceto. tuc Public l(orlcs Project No. _ Professional Service Agreement Contracl No. ozo-zo 4 of8 Rev 7/18/2019 Page 136 of 208 inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub-consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall indemniff and hold the City, its officers, officials, employees harmless from any and all claims, injuries, damages, losses or suits;caused by negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the 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, 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 5I RCW, SOLELY FOR THE PURPOSES OF THIS INDE,MNIFICATION. THE PARTIE,S FURTHER ACKNOWLEDGE, THAT THEY HAVE MUTUALLY NE,GOTIATE,D THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: l. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on lnsurance Services Office (lSO) form CA 00 01 or a substitute form providing equivalent liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 0l 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. If necessary, the policy shall be endorsed to provide contractual liability coverage. City of Port Orchard arzd cclo. r_r_c Public ll/orks Project No. Professional Service Agreemenl Contract No. ozo-zo 5 of 8 Rev 7/18/2019 Page 137 of 208 3. Werkers' Cempensation c overage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liabilitv insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: l. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $ 1 ,000,000 per accident. 2. Commercial Liabilitv insurance shall be written with limits no less than $ 1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation in accordance with statutory requirements. 4. Professional Liabilit_v insurance shall be written with limits no less than $1,000,000 per claim and S1,000,000 policy aggregate limit. C. Other lnsurance 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: l. 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 thirty (30) days written notice to the City prior to the cancellation or change of its insurance policies. 3. The City will not waive its right to subrogation against the Consultant. 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. City of Port Orchard and ceto,ttc Public ll/orlcs Project No. _ Professional Service Agreement Conlract No. ozo-zo 6 of8 Rev 7/18/2019 Page 138 of 208 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 GGLO, LLC Jeff Foster l30l First Ave Seattle, WA 98101 Phone: (206)465-5828 Fax: (206) 467-0627 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder.B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions. A. Non-waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validiry or constitutionality of any other provision. City of Port Orchard and ccro. r_r_c Public Llrorlcs Project No. _ Professional Service Agreement Conlracl No. ozo-zo 7 of8 Rev 7/1812019 Phone: 360.876.4407 Fax: 360.895.9029 Page 139 of 208 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 formingapart of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON CONSULTANT Robert Mayor By: Name: Title: TIA CATE,: City Clerk FORM: By: Archer, City Attorney City of Port Orchard and ccuo,ttc Public Ll/orks Project No. Professional Service Agreement Contract No. ozo-zo 8 of8 Rev 7/1812019 Jeff Foster Principal Page 140 of 208 Exhibit A - Stud Area Ma Potential study area expansron --. C ty of Port Orchard Centers County Campus Downtown Proposed Redevelopment Study Areas Potential Programmatic EIS Study Boundary expansion, to be determined by PSRC Regional GroMh Centers Criteria Note: -County Campus Planned Action Study Area will be based on proposed County expansion plans, by others. -West Downtown Gateway Planned Action Study Area includes existinc concept design for the Kitsap Bank and South Kitsap Community Center Campus. II East Downtown Page 141 of 208 HIBIT B Sco e o ervices Port Orchard Subarea P an and P anned Action E S (POSP) City of Port Orchard, WA Date: January 09,2020 Overview GGLO (Consultant) will serve as the primary contract entity for the Port Orchard Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) and provide contract oversight for the phases and tasks as outlined below. The POSP Scope of Services wil! address two focus areas:. Downtown and County Government Campus Subarea Visioning and Planning. Draft-Final Planned Action Subarea Plan /ElS Process and Planned Action Ordinance (PAO) The key objectives of the POSP are to:. ldentify a long-range land use vision, opportunities to increase housing, and transportation plan for the Port Orchard Downtown and County Government Campus Subarea.. Develop preferred Subarea Plan for the Downtown and County Campus Centers.. Develop Planned Action redevelopment alternatives for the targeted areas within the larger subarea plan, including: o West Downtown Gateway and Waterfront. o East Downtown Gateways. o Kitsap County Government Campus Cline Ave. Corridor ' Prepare the required Environmental lmpact Statement (ElS) and Planned Action Ordinance (PAO) in response to applicable state, and local environmental policy act requirements, and;. Provide support for City approval of Subarea Plan and completion of the Fina! EIS and PAO.. The GGLO team will work with the City of define the boundaries of the focus areas for SEPA EIS review. The EIS will evaluate the direct, indirect, cumulative and construction-related impacts associated with up to two alternatives and the No Acton Alternative.. Through the initial analysis phase and EIS Scoping process, the GGLO team will work with the City of Port Orchard to determine if additional scope amendments are required. The following Scope of Services will inform the plan development, review and approval process and final POSP documentation. The Scope of Services includes four (4) primary phases with individual tasks and deliverables necessary to support the POSP and related environmenta! impact study requirements. PHASE TASK HIGH LEVEL DESCRIPTION 1fi) Analysis / Kick-off I Project Kick-off / Logistics / Management 2 PSRC Cord / Meeting 3 Data Collection / Analysisr Base Mapping. Codes and Standards, Policy Assessment 4 Market Economic Analysis (Heartland) . Baseline. Development Capacity Analysis 5 Leadership Team Workshop (at GGLO / Zooml 110 Visioning / Engagement 6 Stakeholder Outreach (up to 2 meetings) 7 Public Engagement - lnitial o Public Vision Survey Page 142 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP)- Scope of Services Date: January 9,2020 a Public Kick-off Open House 8 Analysis & Visioning Summary 120 Design & Alternatives Exploration 9 Draft Subarea Plan o Preliminary Draft Plan Document o Alternative Concept Development o Alternatives Leadership Work Session (at GGLO lZooml. lmplementation Strategies 10 EIS lnitiation . Scoping Preliminary SEPA work plan 11 Public Engagement - EIS Scoping Meeting L2 !nfrastructure Reports and Assessments (Reid Middleton, BHC, TSI) o Transportation o Water and Sewer o Storm Water 13 Draft EIS t4 Public Engagement - Draft EIS / Alternatives 130 Draft- Final Plan I EIS.PAO Approval Process 15 Final EIS IPAOo lntra-Agency Review / Coordination of Final EIS o PAO Memo 16 Final Sub Area Plan t7 Final Reporting / PAO Adoption PHASE 100: KICK-OFF / ANALYSIS Task 1fi).1: Project Kick-off / Logistics / Management - ZOOM Conference Call Meeting GGLO (Consultant), along with their consultants and the City Project Manager, willjointly provide project management and coordination throughout this contract phase. Following a Notice-to-Proceed, the Consultant will organize a Project Kick-off meeting via zoom conference. At this Kick-off meeting, the Consultant wil! confirm the study process, key deliverables, milestones and timelines, and review the project Communication Plan that will include; staff and stakeholder contact information, project logistics and a project management schedule. Ongoing project management will include project management communications, City/Consultant staff work sessions and key milestone coordination meetings as part of the POSP process. The Project Communication Plan will be developed to outline key project team members, decision- makers, and stakeholder organizations. The City will provide names and contact information for each group. The Consultant (GGLO) will plan for up to (3) trips to the City of Port Orchard, WA throughout the study process. The trips will consist of various meetings, site visits, workshops and public events to be scheduled as part of the plan process. These would include (3) public meetings and up to (2) stakeholder meetings. The City Project Manager will coordinate with the Consultant on meeting agendas and locations, and meeting minutes as required. Travel to Port Orchard, WA will include labor time and reimbursable expenses (travel, per diem). All monthly invoices and deliverables will be provided in PDF electronic copy unless otherwise noted. 2 Deliveroble: Page 143 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) - Scope of Services Date: January 9,2O2O Project Communicotion Plon Ongoing Project Monogement Co nfere nce Ca ll check-i ns Schedule Updotes / Site Visit Task LOO.2 PSRC Meeting The Consultant will assist in coordination with and participate in up to one (1) meeting with the Puget Sound Regional Council. The purpose of the PSRC meeting and coordination includes:. Seek feedback on possible regional center boundaries and alternatives. ' Obtain clear understanding of how the city should demonstrate that its proposed center meets centers criteria.. Confirm PSRC existing activity unit analysis. An agenda will be developed in advance by the Consultant team and City staff. The City will determine the participants and coordinate meeting logistics including scheduling and location. Deliverable: t Summary Documentotion of PSRC lnput Task 100.3: Data Collection / Analysis The City and other agencies will provide in digital format applicable existing conditions reports and previously completed studies, plans and polices that may affect the Subarea and Planned Action. The data collection effort will focus on the subarea planning level analysis to inform possible land use and transportation systems planning for the Subarea. This may include but is not limited to:. Demographic / Economic Studies. Land Use and Zoning Regulationsr Transportation, Complete Streets and Transit Data. City/County Development Standards and Design Guidelines, City Sustainability Strategies. City Capital lmprovement Plans. Neighborhood Plans. lnfrastructure Assessment Studies. Current City-Owned Assets within the Subarea Based on the information provided by the City, the Consultant will review applicable information and develop a summary matrix identifying potential gaps in information. The Consultant will also summarize in a matrix format the direct impacts that current City policy, regulations and standards may have on the Subarea plan. Subtask 100.3.1 Base Mapping The Consultant will develop a digita! base map for the Subarea area using existing CitV I County GIS and Google Map datum and Sketch-up data (if available). A study area base map will be developed using both 2D plan and potentially 3D Sketch-up digital tools for targeted study sites. A draft digital base map will be developed for review and comment. Based on input from the City, the Consultant wil! make final edits for use of the base map for the study area accordingly. Task 100.3.2: Codes and Standards, Policy Assessment 3 Page 144 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) - Scope of Services Date: January 9,2O2O The Consultant will review and assess applicable City codes and standards and provide a summary matrix highlighting key issues affecting the Subarea Planning area. The Consultant will consider at a minimum, applicable land use and zoning codes, design and development standards, comprehensive plan and neighborhood plan policy, and city regulatory requirements as part of the Subarea Plan analysis. This information wil! be used to evaluate alternative land uses and transportation system design and advance a preferred alternative. The summary matrix will be provided as part of the interim lnfrastructure Report deliverable. Deliveroble: . Project Dota Collection Summory Motrix . Project Bose Map (digitalformot) . Codes ond Standards Summary Motrix Task 1fi).4: Market Economic Analysis - Heartland This task has two major components: (1) Baseline Assessment; (2) Capacity Analysis. Both tasks will be consolidated into one technical memo or presentation deck. Subtask 100.4.1 Baseline Assessment The Baseline Market Assessment, completed during the initial Analysis phase of the project, will help the team to better understand the likely future demand for development of various types, to inform design and other technical build out of the site. This will include an overview of:. Existing baseline socio-economic data. The existing housing inventory in the study area. Job conditions in the immediate market area. Real estate trends for residential and commercial development types in Port Orchard and the region. Subtask tOO.4.2 Updated Development Code Yield analysis based on 20-Year Build-out The development capacity analysis will help the team to better understand future development opportunities within the subarea. The analysis will include:! Assessment of vacant and redevelopable lands by zone (within the subarea boundary). Analysis of net buildable lands incorporating critical areas, required public infrastructure and other factors impacting net developable arear Estimate of overall development capacity based on current zoningr Estimated development yield within the subarea over the planning period (20 years) showing built square footage estimates at high and low development thresholds, based on variations on market absorption. Deliverable:. Both Subtasks will be consolidoted into one technicol memo or presentation deck. Task 100.5: Leadership Team Workshop The Consultant will plan and facilitate a Leadership workshop to be scheduled following the Notice-to- Proceed. The Leadership Workshop will be held at GGLO Seattle office and will be attended by City project members, invited decision-makers, and the project Consultant team. The intent of the Leadership Workhop is to review the study purpose and objectives and clarify the project scope of work and 4 Page 145 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) - Scope of Services Date: January 9,2O2O expected project outcomes. The City staff will provide an overview of the Subarea Plan and redevelopment site goals and objectives. As part of the Leadership workshop, the Consultant team will facilitate the discussion of the following agenda items:. Public Outreach Plan. Preliminary Vision and Goals. Preliminary Programing. Key topics potentially to be addressed in the subarea plan such as: opportunities to increase housing, economic and rea! estate market conditions, circulation network, land use and urban design, parking, market and affordable housing, open space system and placemaking, the 20- minute neighborhood concept, as example. The Workshop will serve as an initial visioning discussion to define key design principles and priorities, and potentia! outcomes for the POSP. The project schedule will be provided to participants along with a communications decision diagram highlighting criticalteam members and tasks, decision points and who is ultimately responsible for developing key recommendations and final decisions throughout the course for the POSP. Deliverable:. Facilitotion of o Leodership Workshop. Summary Documentotion of Workshop lnput PHASE 110: Visioning / Outreach The Consultant will prepare and facilitate outreach events as described in the Communications Plan. Labor, including traveltime, and expenses for alltrips to Port Orchard, WA wil! be charged to the City. The City will be responsible for coordinating and paying for meeting room location and logistics, required AV equipment for indoor or outdoor events (to be determined), set-up and take down of equipment, refreshments and advertising of meetings through the City website, direct mailings, social media and public announcements. The Consultant will provide content to the City for regular monthly website updates. Monthly web updates and the posting of online surveys will be the responsibility of the City. The Consultant will provide a summary of the outreach activities that the Consultant is responsible for, forthe City to use to advertise and promote the project. The Consultant will provide assistance to the City for social media and digital marketing communication project needs, including draft content (text and images) for the City 's review. Specific communications tools such as developing mailers, email updates, social media posts (content) and press releases will be produced and distributed by the City. lnput opportunities may include map-based components and graphics to help stakeholders understand concepts and context when providing input. This task assumes the City will pay for advertising costs for meeting notices and mailings for all events and online input opportunities. The City is responsible for public information press releases, website and social media updates and documenting input from these sources as required. Task 110.6 Neighborhood Association / Stakeholder Outreach The Public outreach plan developed in task 100 will include Stakeholder outreach and engagement with up to two (2) neighborhood association / stakeholder group meetings to provide project updates and gather input as required. These meetings shall be scheduled concurrently to reduce team travel. Agendas 5 Page 146 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) - Scope of Services Date: January 9,2O2O will be developed in advance by the Consultant team and City staff. Meeting materials will be adapted from previous meetings as required. The Consultant will provide a brief summary of findings after each meeting. The City will determine the participants and coordinate meeting logistics including scheduling and location. ln addition to these outreach meetings, the project team will work with City Staffto identify additional opportunities for stakeholder outreach and input. Potential stakeholders may include: Neighborhood Associations; Subarea business owners POBSA, County, Kitsap Transit, Chamber, School District, Navy, Port of Bremerton, Utility Providers, Homebuilders Association, Tribes, etc. Deliveroble:t Summory Documentotion of Stokeholder lnput Task LLO.7: Public Engagement - lnitial The Consultant will coordinate with the City Project Manager to plan and execute the engagement including the following elements:r Community Open House Events / Public Meetings (Up to 1)r Community Online Surveys (Up to 1) initial public These in-person and online activities will inform the public and stakeholders about the project and allow opportunities forthe community to provide input into the visioning and initial analysis of the Subarea plan and review diverse perceptions of the site's conditions and character. Each activity will be tied to objectives outlined in the project communications plan and key questions will be identified for such that input requested is useful to the planning process and decision-making. The Consultant will provide the strategy and approach for community open house with input from the City. The City will coordinate event logistics including scheduling, securing and paying for facility rentals and equipment. The consultant will produce materials for events (informational handouts /fact sheets, display board and maps) in coordination with the City. The City and Consultant willjointly staff outreach events. Deliveroble:t Community Open House / lnitial Public Meeting. lnformotion hondouts/foctsheetst Short visual preference Survey. Display boords and/or maps (up to 4 totol). Event Summary Reports Task 110.8: Analysis & Visioning Summary The Consultant will consult with City staff and project team members to review data collection efforts and facilitate discussions on the long-range plan vision, goals and objective and design precepts for the Subarea Plan. The information collected will help formulate a collective long-range vision and aspirations for the project. A visioning Summary will define a Vision Statement, project goals and objectives, key design strategies and metrics that will ensure the success of the plan implementation over time. The Consultant will provide an Analysis / Visioning lnterim Report to the City for review. The report will be provided in digital PDF format. A staff review period will be established to ensure a timely review. Deliverable: . Droft Anolysis and Visioning lnterim Report (Digital PDF formot) 5 Page 147 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) - Scope of Services Date: January 9,2O2O Following the analysis and visioning summary, the Consultant team will work with the City to confirm the project vision and scope remain consist with the agreed Consultant scope and fee. !f needed the Consultant will work the City to make revisions scope or fee revisions. PHASE L2O: EXPLORATION Task L2O.9z Draft Subarea Plan Prior to the commencement of this task, the final project boundaries, programing and degree of emphasis on feasibility, and implementation opportunities to increase housing must be definitively defined. lt is anticipated that the Subarea Plan will be comprehensive to address all required plan elements and wil! contain a combination of a written narrative, info-graphics and other supporting visuals. The Subarea Plan will reflect the values and desires of the community as defined through the plan process. At minimum, the draft Subarea Plan wil! include: a vision statement, purpose, goals and objectives, design precepts, background data and proposed policy recommendations to clearly articulate the community's values and aspirations for the Subarea. The goal is to develop a concise, easily understood and visually appealing document that balances written content with graphics and support mapping as needed. Subtask Task 120.9.1: Preliminary Draft Plan Document The Consultant wil! meet with City staff to discuss the format and layout of the draft Subarea Plan document and outline the essential elements of the plan document. The document wi!! be a concise, digitally-based PDF document. The intent is to design the document to be compatible as a web-based interactive document. Based on input received on the document format, the Consultant will provide a preliminary draft template and table of contents outline of the Subarea Plan for review and approval. The Subarea PIan document may address, but is not limited to:. lntroduction. Existing Conditions. Urban Design Framework / Long Term Vision . Opportunities and Constraints Analysis . Circulation, Access, and Parking . Housingr Planned Action Study Areas and Alternatives. !mplementationStrategies. Appendices Deliverable:. Preliminory Draft-template ond Outline. Preliminory Droft Suboreo Plon in PDF formot Subtask Task L2O.9.2: Alternative Concept Development As part of the subarea planning process, the Consultant willwork in conjunction with the Leadership team to develop two (2) conceptual alternatives for consideration under the planned action ElS. These atternatives will be based on the following planned action site(s), (see map): West Downtown Gateway; East Downtown Gateway; CentralWaterfront; County Government Campus / Cline Street Corridor. These development concepts will serve as the basis for the Planned Action Alternatives. Each alternative would be based on the same high-level conceptual site layout with a variation in proposed development intensities. 7 Page 148 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP)- Scope of Services Date: January 9,2O2O Deliveroble:. Draft Development Site Plons ond diograms Subtask Task 120.9.3: Alternative Development Concepts Leadership Meeting The Consultant will plan and facilitate a Leadership meeting to review draft development concepts and alternatives. The Meeting will be held at GGLO Seattle office and will be attended by City project members, invited decision-makers, and the project Consultant team. The intent of the meeting is to review broad subarea planning concepts and confirm the alternatives to be considered. Deliverable:. Focilitotion of Leadership Meeting. Summary Documentation of Workshop lnput Subtask L2O.9.4: lmplementation Strategies The Consultant will provide an overview of Urban Design and lmplementation Strategies for the POSP. The strategies are intended to guide the built urban form and non-built areas of the Subarea by establishing guidelines to organize, manage and integrate a variety of mixed uses within the development. These strategies may include a narrative, conceptual diagrams, ot precedent imagery. The lmplementation Strategies will broadly outline design parameters and permitted uses, estabtish the necessary building-to-street and building-to-building character and relationships, thoroughfare and landscape design concepts for the development. The lmplementation Strategies section may identify a wide range of possible short-term priorities and long-term needs, and an action plan that outlines an approach for the next steps. This may include recommendations addressing future code amendments and zoning changes, funding strategies, land acquisitions, partnership agreements, etc. This Scope of Services does not include any Land Use Development Code modifications, Comprehensive Plan land use designations or zoning amendments. Deliveroble: ' Draft Urbon Design Stondords and lmplementotion Strotegies Fromework Plan in digitol PDF format Task 120.10: Environmental Impact Statement (ElS) Initiation Preparation of the EIS willconsist of three phases, including Phase l- Project lnitiation/ElS Scoping; Phase ll - Draft EIS; and, Phase lll - Fina! E|S/Assistance Drafting Planned Action Ordinance. The Consuttant wil! provide services forthe completion of the SEPA Environmental lmpact Statement (ElS)and assistance with the completion of a Planned Action Ordinance (PAO). The intent of the EIS is to facilitate designation of the subarea as a planned action (pursuant to WAC 197-LL-L64 and VMC 20.790). A Draft and Final (ElS) wil! be completed to evaluate environmental impacts of the subarea plan as required in orderto designate the area as a planned action. Following completion of the ElS, a ptanned action ordinance will be drafted summarizing potential mitigation impacts associated with the subarea, establishing thresholds for development and providing for streamlined environmental review of projects that are consistent with the subarea plan. subtask 120.10.1: scoping, lnitiation, and preliminary sEpA Matters 8 Page 149 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP)- Scope of Services Date: January 9,2O2O During this task, the City and Consultant will complete the EIS scoping process including finalization of alternatives and determining the scope of the Draft ElS. The scoping process will be integrated into the public outreach process for the overall subarea plan and specific efforts and costs associated with the public meeting and scoping are addressed above. The Consultant will prepare a draft Determination of Significance (DS) and scoping notice and provide it to the City for review and comment. The Consultant will finalize the DS and provide it to the City. The City wil! publish and distribute the DS (required public notices and on-!ine) per the requirements of WAC I97-LL 350 and wil! be listed as the recipient for public comments. During the 21-day comment period on the DS one of the open houses identified in the tasks above wi!! be held. The consultant will provide a method to receive written comments on the DS to be collected by the City at the open house. Once the Draft EIS scoping period is complete, the City will provide the Consultant with an electronic record of all comments received. The Consultant will review and summarize comments by issue area and develop a technical memorandum recommendation to the City on whether the scope for the Draft EIS as outlined in the DS and scoping notice should be modified. The City will provide the Consultant with a complete electronic record of a!! comments reviewed. Following the project scoping process, the City and Consultant will meet to discuss strategies required to complete the next scope of work process. The scope elements identified below will be reviewed and revised if necessary, to reflect any changes in the scope of the Draft EIS identified by the SEPA responsible official. Items included in the EIS lnitiation phase include:. Review applicable existi . Provide input to the City and the GGLO team regarding the overall public relations stratesv and elements of the public relations strategy that relate to the SEPA process. With the City and the GGLO team, confirm reasonable alternatives for analysis in the EIS and the range of environmental issues to be analyzed in the ElS. Prepare a brief Preliminarv SEPA Work Plan summarizing the assumptions regarding alternatives to be analyzed (two action alternatives and the No Action Alternative assumed), elements of the environment, EIS format, etc. Create an "lnformation Needs Memo": This Memo will be the framework movi ng forward with the technical analyses and has been a proven and valuable toolto achieve an efficient start to the SEPA process. lt ensures a consistent understanding of data needs and schedule. Confirm Schedule for SEPA review. Review the City of Port Orchard's Determination of Sienificance/ElS Scopine Notice and attend public scoping meeting. Attend and actively participate in the EIS Sco meetins. Review and comment on the City of Port Orchard's summarv of comments (written comments and testimony) received during the public Scoping period. lnitiate Preparation t e Draft EIS Chapter 2 - This is the description of the Proposed Action and Alternatives. A draft of this chapter will be submitted to the City and GGLO for review/concurrence. Upon completion of City/GGLO review, Chapter 2 wil! be distributed to the Deliverable: . Draft and finol Determination of Significonce ond Scoping Notice I 9 Page 150 of 208 City of Pon Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) - Scope of Services Date: January 9,2O2O Memorandum Summory; Public Comments and Recommendotions (Responses) os port of Finol Scoping Determinotion to Droft EIS Scope Task l2O.Ltz Community Engagement - EIS Scoping The Consultant will provide presentation material and support as required for the EIS Scoping public meeting. The Consultant will prepare graphic, content and presentation materials, and be prepared to assist the City staff for up to one (1) Public Meetings. The City will coordinate event logistics including scheduling, securing and paying for facility rentals and equipment. The consultant will produce materials for events (informationa! handouts/fact sheets, display board and maps) in coordination with the City. The City and Consultant will jointly staff outreach events. The consultant assumes that City staff will provide written responses to all public inquiries and/or other agencies. Deliverable: ' Preporotion of digitol presentation materiols ond ottendonce os required ot up to (L) public meeting.. Disploy boords and/or mops (up to 4 totol)t Event Summary Reports Task L2O.L2: lnfrastructure Report and Analysis The Consultant will provide a summary assessment of existing infrastructure systems affecting the Subarea planning area. The assessment will include an overview of the current street network and transportation system, non-motorized access, bicycle and pedestrian infrastructure, current transit services, traffic, utilities, water, storm drainage, and sanitary sewer plans for the Subarea. The assessment will rely on data collected as a part of Task 110: Data Collection / Base Mapping along with previous assessments completed by for the City. The Consultant wi!! review publicly available data sources or additiona! background studies and reports that are provided and prepare an existing conditions assessment inventory. For municipal utilities the assessment wi!! include the review of publicly available data, prior studies, comprehensive facility plans, and background data provided by municipal agencies to identify and describe existing utilities and service capacity for water, sewer, storm drainage, and irrigation services. No additional fieldwork or field verification of existing utilities will be completed as part of this task. Following a determination of EIS alternatives, utilities and transportation will be evaluated by devetoping anticipated increase in demand and determining whether existing infrastructure improvements may be required beyond those currently planned. Assumptions will be based on general planning standards and no modeling or engineering will be completed as part of the effort. As applicable, the consultant will identify leve! (threshold) of new residentia!/employment development that would trigger need for new or expanded utilities. Analysis included in this proposal assumes that the subarea pan will not increase development capacity beyond those currently anticipated in the existing City zoning and comp plan. Subtask LZ:O.L?.L Traffic lmpact Study / Transportation Compliance Letter The Consultant will conduct a traffic analysis associated with the Port Orchard Downtown and County Government Campus Subarea Plan and Planned Action ElS. ltems included in this task include: Proiect administrat and oualitv control.Prepare regular status reports and project invoices Summarize existing conditions, including the following elements: 10 Page 151 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) - Scope of Services Date: January 9,2O2O o Vehicular conditions, including circulation, functiona! classification, Levels of Service, and existing LOS deficiencies. o Nonmotorized conditions, including pedestrian/bicycle facilities, public transit, and water transportation. Confirm subarea alternatives which will be provided by GGLO staff. Subarea alternatives may include land use (zoning) and transportation network changes. TSI will confirm understanding of alternatives with GGLO before proceeding to future conditions analysis. Subarea alternatives may be developed iteratively based on results of future LOS results and identified thresholds for new residential and commercial development. Analvze future (2040) conditions for up to 2 alternatives in addition to a baseline scenario. The future conditions analysis will include the following elements: o Alternative description. including development forecasts, network improvements, and areawide PM peak hour trip generation forecasts o Street network characteristics, including access and circulation, functional classification, street design cha racteristics, o Vehicular operations, including intersection and segment LOS results and anticipated LOS deficiencies based on Port Orchard and WSDOT LOS policy. o Nonmotorized access and circulation, includi ng pedestrian/bicycle facilities, public transit, and water transportation o This task includes up to 4 hours of Transportation Solutions staff time to review future conditions results and possible network deficiencies with GGLO and City staff. Results may be used to revise subarea alternatives identified in Task 3. Summarize findings and recommendations in technical reoort. Report will describe methods and assumptions, existing conditions, future alternatives, and future conditions for each alternative. Recommended transportation improvement projects will be identified as necessary. Review findings and recommendations with GGLO and C ity staff, as necessary. This task includes up to 4 hours of Transportation Solutions staff time to participate in conference calls or in-person meetings, as necessary. Deliverable:. lnterim Drofi lnfrostructure Summary Report. Droft ond FinolTroffic Anolysis Results Memorondum/Recommendotions (preferred alternative). Suboreo Plan Tronsportotion Network Recommendotions Mop ond Norrative Subtask L2O.L2.2: Water / Sewer lmprovement needs and thresholds The Consultant will rely on existing City, State, and other local sources of information to develop an inventory of existing conditions. No field investigation, field survey, modeling, or any type of stormwater management design is proposed as part of the subarea plan/EIS effort. Scope within this task includes: . Provide a general description of the previous water and sanitary sewer study and planning conducted by the City.. Provide a general description of the current water and sanitary sewer system including: o Existing water supply, storage, and distribution o Current capacity and demand o Capacity and current flows to the Port Orchard/West Sound Utility District Wastewater Treatment Facility o Wastewater facilities and infrastructure LL Page 152 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EtS (POSP) - Scope of Services Date: January 9,2O2O r Describe any previously identified system constraints.r Describe any previously identified water or sanitary sewer system capacity improvements that would be necessary to mitigate existing constrains.. Provide a general description of the water or sanitary sewer system demands anticipated under subarea plan development assumptions and relationship to previous planning. ' lndicate general system improvements needed to accommodate the future demands required beyond those previously identified, if any. Deliverable: ' lnterim Draft lnfrostructure Summory Memorandum describing existing water ond sonitory sewer utility system within the suboreo and previous planning efforts. ' Final woter and sonitory sewer infrostructure Memorondum identifying currently planned or future potentiolly required improvements to support the suboreo plon. Subtask t2O.L2.3z Stormwater lmprovement needs and thresholds The Consultant will rely on existing City, State, and other local sources of information to develop an inventory of existing conditions. No field investigation, field survey, modeling, or any type of stormwater management design is proposed as part of the subarea plan/ElS effort. Scope within this task includes: ' Provide a general description of the previous drainage basin planning conducted by the City. ' Provide a general description of the current stormwater system including a written summary and existing system mapping.r Describe any previously identified system constraints.I Describe any previously identified stormwater system improvements that would be necessary to m itigate existing constrains. ' Provide a general description of the stormwater runoff conditions anticipated under subarea plan development assumptions and relationship to previous drainage basin planning. ldentify potentially opportunities for direct outflow locations and required measures. ' Indicate general stormwater system improvement required beyond those previously identified, if any. Deliverable:t lnterim Droft lnfrastructure Summory Memorondum describing existing stormwater utility system within the suboreo ond previous plonning efforts. ' Finol Stormwater infrastructure Memorondum identifying currently plonned or future potentially required improvements to support the suboreo plan. Task L2O.L3z Draft EIS ln this task, the Consultant will prepare a Draft EIS (DEIS) for review by the City. Following incorporation of the City's comments, the Consultant will provide a PDF of the Draft EIS for the City to publish. Key assumptions/considerations for the EIS include the following: ' The team will work with the City to define tasks for producing a planned action EIS in support of the subarea plan. As such, the overall objective will be to provide certaintv for future, site-specific development proposals and greatly facilitate the permitting process for such projects. ' Preparation of the Subarea Plan and EIS will be an iterative process with the EIS helping to inform and shape key elements of the plan. 72 Page 153 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) - Scope of Seruices Date: January 9,2O2O . The EIS will be formatted to provide an overall analysis of the entire subarea planning area, with a focus of analysis for up to three focus areas. Two of the focus areas will be located in the Downtown area and one will be located in the County Government campus area. It is assumed that the EIS development assumptions forthe areas outside of the focus areas (such as Residential 1 and 2 zoned areas) will continue as existing use and density.r The GGLO team wi!! work with the City of define the boundaries of the focus areas for SEPA EIS review.. The EIS will evaluate the direct, indirect, cumulative and construction-related impacts associated with up to two alternatives and the No Acton Alternative.. Technical input (technical memos) for the EIS will include the following existing City of Port Orchard technica! team members: Transportation (Transportation Solutions lnc.); and Utilities (BHC, lnc. for water and sewer, and Reid Middleton for stormwater).. The Land Use and Population/Employment sections will be based, in part, on GGLO and Heartland information provided as part of subarea planning. . The Aesthetics section will include visual simulations provided by GGLO.. The EIS will identify measures that if implemented, could mitigate the impacts identified. The EIS will link mitigation to development thresholds, as appropriate. The identified mitigation thresholds will also support the Planned Action Ordinance.. The City of Port Orchard will distribute all public notices, the Draft EIS and the Fina! ElS. This scope of work assumes that only the following elements of the environment are relevant and will be addressed in the DEIS:r Cover. Fact sheetr Distribution list. Table of contents, Summary. Alternatives including: o No action (development under current plan/zoning) o Two (2) alternative development scenarios! It is assumed that at this point (prior to EIS scoping) that the EIS will evaluate the following elements of the environment: o Land Use/Relationship to Plans and Policies o Population/Employment o Housing o Aesthetics o Utilities o Transportation. Any additional items required as a result of the scoping process to be an additional service. ltems included in the DEIS phase include:. Coordinate with the City of Port Orchard and the GGLO team regarding finalization of EIS scope and team membe/s responsibilities.. Coordinate with the City and GGLO team regarding information necessary for the Draft ElS. . Update the tnformation Needs Memo based on the finalized scope and team information needs. 13 Page 154 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) - Scope of Services Date: January 9,2O2O . Review and comment on the draft technical reports/information, including reports/information related to Water (Reid Middleton for stormwater); Transportation (Transportation Solutions lnc.); and, Utilities (BHC, lnc. for water and sewer).. Coordinate with the GGLO team regarding input related to !and use density/height assumptions, population, employment, housing, and visual simulations.I Serve as principal author of the Preliminary Draft EIS, including Fact Sheet, Summary Chapter, EIS Sections (including Land Use/Relationship to Plans & Policies, Population/Employment, Housing, and Aesthetics).. Produce the Preliminary Draft EIS and submit (electronically) to the City and GGLO for review and comment.r Revise the Preliminary Draft EIS based on comments received; submit the Updated Preliminary Draft EIS to the City (a total of two rounds of review assumed).. Coordinate production of the Draft EIS for issuance.r Attend the Draft EIS public meeting organized and run by the GGLO team and City. ' Participate in up to 5 team meetings (held in Seattle) or conference calls throughout the Draft EIS phase (Phase ll). The PDEIS will be provided to the City for review and comment in one round of revisions before the Consultant finalizes the Draft ElS. The Consultant wil! review and respond to the comments, either incorporating them into the document or explaining why the comment did not result in a change. Upon resolution the Draft EIS will be finalized as a PDF document and provided to the City for publication. Deliverable:. lnitial DEIS ond finol Droft EIS ' Droft ond finol Notice of DEIS Availobility Suitoble for City Publication and Legal Notices and Distribution Task L2O.L4z Community Engagement - Draft EIS / Alternatives The Consultant will provide presentation material and support as required for the EIS Scoping public meeting. The Consultant will prepare graphic, content and presentation materials, and be prepared to assist the City staff for up to one (1) Public Meetings. The consultant will produce materials for events (informational handouts/fact sheets, display board and maps) in coordination with the City. The City and Consultant will jointly staff outreach events. The consultant assumes that City staff will provide written responses to all public inquiries and/or other agencies. Deliveroble:t Preporotion of digitol presentotion moteriols and ottendonce os required ot up to (1) public meeting.. Disploy boords and/or maps (up to 4 total). Online input ond responses (up to 30). Event Summory Reports Public Review of Draft EIS The Draft EIS will be published for a minimum thirty (30) day public comment period. The Consultant will prepare a draft Notice of Availability for the City's review. The City will distribute the notice availability and/or the Draft EIS per state and local requirements, pursuant to WAC tg7-tL-455, to its established 74 Page 155 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) - Scope of Services Date: January 9,2O2O SEPA distribution list and others who may have requested the document during scoping. The City will be responsible for reproduction and distribution of the Draft ElS. This scope assumes that one of the project public meetings will be during the public comment period for the Draft EIS and this forum can be used as an additional method to obtain public comments. The Consultant will provide a method for written comments to be collected by the City and will provide technical staff to attend to provide information and respond to questions on the Draft ElS. The City wil! be responsible for reviewing the written comments submitted to the City on the Draft ElS. The City will provide the Consultant with a complete electronic record of all comments received. The scope and costs for the EIS assume that a maximum of thirty (30) distinct individual substantive comments will need to be reviewed and require responses. ln addition, the scope assumes that no new analysis or alternatives wil! be required as a result of the EIS comments. The Consultant will review and evaluate the comments and provide the City with a summary matrix of substantive comments and proposed method of response. The matrix will be reviewed in a meeting with the City. Deliveroble:t Preparotion of digitol presentation materiols and ottendonce os required ot up to (1) public meeting.t Summory Motrix of Substontive Comments ond Method of Response PHAES 130: FINAL PLAN / EIS-PAO / APPROVAL PROCESS Task 130.15: Final Environmental lmpact Statement (Final EIS)/ Planned Action Ordinance (PAO) Subtask 130.15.1: Final Environmental lmpact Statement (Final EIS) Following receipt of the comments on the Draft ElS, WAC L97-1-l-560 specifies that a Final EIS shall consider the public and agency comments on the Draft ElS. ltems included in this task include: . Coordinate with the City to receive copies of all comment letters and e-mails received regarding the Draft EIS during the Draft EIS public comment period. Review all comments, as well as the Draft EIS public hearing testimony to ldentify substantive comments that require responses. . Schedule and participate in a zoom meeting involving the City, GGLO team, and other members of the project team to: o confirm all substantive comments that require a response; and o confirm whether any comments require additiona! analyses. . Distribute comment Ietters with identified comments to applicable consultant team members and assign responsibilities for preparation of responses to specific comments (written comments and testimony).. Prepare responses to comments assigned to EA. . lnternally review and edit all comment responses (and analyses) prepared by members of the project team.r lncorporate responses into the format of a preliminary Final EIS and internally edit that document. . Submit copies of the preliminary Final EIS to the City for review. r Revise the Preliminary Fina! EIS based on comments from the City; submit the Updated Preliminary to the City (a total of two rounds of review assumed). . Coordinate production of the Final EIS for issuance. . Attend up to 4 zoom conference calls throughout the Final EIS phase. 15 Page 156 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) - Scope of Services Date: January 9,2O2O The Scope of Work for the Final EIS may not be fully estimated until completion of the Draft EIS and review of the agency and public comments on the Draft EIS has been completed. A final, separate Scope of Work for the Final EIS will be re-evaluated after results of the public comments have been received on the Draft ElS. lf additional analysis is required a separate scope and fee can be provided. Once complete, a draft Final EIS would be provided to the City for one round of review and the Consultant would incorporate comments into a Fina! ElS. The Final EIS would be provided to the City in a PDF format. No action can be taken on the plan, PAO or any other permits until 7 days following completion of the Final ElS. Deliveroble:t Draft Final ond Final EIS in digital PDF format Subtask 130.15.2: Planned Action Ordinance A Planned Action is implemented through a planned action ordinance (PAO) adopted by the City Council. A draft PAO will be developed to accompany the subarea plan as it is considered for recommendation and adoption by the Planning Commission and City Council. The PAO will be consistent with RCW 43.2LC.03L, WAC 109-11-164-772 and VMC 201790.530. The planned action will include maximum development thresholds (units or square feet) for the subareas, allowed land uses, mitigation measures and other criteria that must be met for a project proposed within the subarea to quality as a planned action and not require a formal SEPA threshold determination. Future projects that are consistent with PAO requirements can be determined by the City as a Planned Action and no further SEPA compliance may be required. The Consultant will provide assistance to the City to prepare a project level draft and final PAO. The PAO is anticipated to include the subarea plan development thresholds such as maximum development threshold (units or square feet) for various proposed uses in the subarea, allowed land uses, mitigation measures and other applicable criteria. The ordinance will be prepared consistent with the requirements of WAC 797-1-1-768 and will include:r Purpose. Findingsr Procedure and Criteria for evaluating projects as planned actions. Other standard ordinance sections. ' Required mitigation measures and development thresholds will be included in an appendix to the ordinance and will be based on the subarea plan and FEIS. The City will lead the adoption of the PAO by the City Council. The Consultant will provide support for staff during the legislative adoption process. Deliveroble: ' Droft - Final PAO outline memo and comments in digitot PDF formot (ossume 70 tabor hours) Task 130.16: Final Sub Area Plan Based on input received from the City project team, work sessions, and required content edits from the City, the Consultant will provide a Draft-Final Subarea Plan document to the City. The Subarea plan 15 Page 157 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) - Scope of Seruices Date: January 9,2O2O document wil! be provided in digital PDF format for City review and use. The City will be responsible for providing all comments in writing and submittal to the Planning Commission and City Council as part of the plan approva! process. Deliverable: t Droft - Final Suboreo Plan in digitol PDF formot. Task t3o.L7: Final Reporting / Planned Action Ordinance Adoption Upon final approval / adoption of the POSP, Environmenta! !mpact Statement (ElS) and Planned Action Ordinance (PAO), the Consultant will consolidate al! project files and fonruard that material to the City as required. A final project close-out will occur once the City has received all applicable information. The consultant will attend up to one (1) meeting as part of the final approval process and be available as required to respond to questions from the City. Deliverable:. Final Report Delivery ftlectronic PDF files) Project Assumptions . The subarea will be completed at a neighborhood scale conceptual level with massing only as required for the EIS and will not include detailed site design.. All internal project meetings will be via conference call or will be held at GGLO's downtown Seattle office.. City of Port Orchard EIS comments wil! primari[ be provided as direct edits, with no new analysis or alternatives required.. The City of Port Orchard wil! distribute all public notices, the Draft EIS and the Final ElS. . EIS lssuance - EA Engineering will produce a limited number of CDs (approximately 25) and hardcopies (approximately 10) of the Draft EIS for the City. We will also prepare pdf files of the document to be placed on the City's website (this is the primary way the document will be made available to the public). The tasks noted below have not been completed and are NOT a part of this Scope of Work. r Site Boundary / Topographic Survey Data* . Additional coordination with agencies other than PSRC . Additiona! Public Outreach (beyond this Scope of Services) . Additional meetings other than those specifically included in Basic Services. . Additiona! design, engineering or other studies/analyses . Study Models or Presentation Models. ' Rendered/Colored Perspectives and 3-D modeling, other than what is identified. . Marketing lnformation such as brochures, exhibits, etc. . Landscape Design r Constructability Consultant / Value Engineering Exercise r Detailed site design or Final design . Engineering/design for site development . Other items not currently identified/anticipated in this proposal. * Topographic survey to include mapping of the site study area, all utilities, above ground utility structures, existing building foot prints, street improvements, edge of al! hard and pervious surfaces, public water, L7 Page 158 of 208 City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) - Scope of Services Date: January 9,2O2O storm and sanitary sewer structures with pipe invert elevations, existing vegetation, trees and Iarger drop line radius of trees. Allsurfaces will be mapped on an approximate 50-foot grid or less including sufficient break lines to allow for an accurate l-foot contour interval. Included Meetings (in-person) L. PSRC Meeting (at PSRC) 2. Project Leadership - Workshop lTeam Kick-off (at GGLO) 3. Stakeholder Outreach (up to 2 meetings, one trip to Port Orchard) 4. Public Engagement - Kick-off (at City of Port Orchard) 5. Public Engagement - EIS Scoping (at City of Port Orchard) 5. Project Leadership - Alternatives (at GGLO) 7. Public Engagement - EIS Alternatives (at City of Port Orchard) 8. Public Adoption Meeting (at City of Port Orchard) Meeting Notes: ' All other meetings / check-ins will be video conference calls via zoom.. GGLO will attend all meetings.. EA will attend meetings #:2,4,5,6,7,8r Heartland will attend meetings #: 2 18 Page 159 of 208 Exhib t C: Fee Tab e Port Orchard Subarea Plan and P anned Action E S (POSPI Port WA LlelzOLe .Colltoh.nt L!5 i.cluded GGLC, l(,9a admlnbnatlon fee EimbuBable erpensEs shallbe billed at. multiple of one and on*tenth (1.10) limes the erpenses incured by GGLO. s18,000 So 16,000 s68,200 37,800 s 15,000 92,050 27,650 173,500 TASKMEMBER - Environmental - Real Estate Advisory Hourly Estimate Hourly Estimate Hourly Estimate 5- Water / Sanitary Hourly Estimate Hourly Estimate Hourly Estimate s9,405 s8,8oo - Transportation Mlddeltonr - Storm Water Estimate 500 500 TOTAT 37,800s s 15,50O s 124,395 s 28,150 s 205.84s TASK lOO SUBAREA PIAN KtcK-oFF / ANAIYSIS TASK 110 tNtTtAt vtstoNtNG TASK 120 DESTGN & EXPTORATTON / EIS PHASE 1&2 TASK 130 FrNAt EIS-PAO / PLAN APPROVAT TOTAT TERMS IABOR S 19,800 So So S36,soo Sss,sso So 51s,00c 512,6sc Sc sSubtotal Team Relmbursable Page 160 of 208 TermsoAgreement ii Rtes Date of Agreement: Project: Project No.: EXH B T C.2 LNG TE&TEM 01t09t2019 Port Orchard Subarea Plan and Planned Action EIS (POSP) 2019099.01 I. COMPENSATION Compensation for Professional Services is billed on an hourly basis up to an agreed upon not to exceed. Compensation for Supplemental Services shall be billed on an hourly basis according to the billing rate schedule below, or as agreed to prior to the commencement of the services. II. GGLO .2020 HOURLY B LL NG ES Principal Ill $290 Principal Il $255 Principal I $220 Senior Architect lll $200 Senior Architect ll $190 Senior Architect I $180 Architect ll $155 Architect I $145 Designer ll $125 Designer I $1 15 Senior Landscape Architect lll $180 Senior Landscape Architect ll $170 Senior Landscape Architect I $160 Landscape Architect ll $150 Landscape Architect I $135 Landscape Designer ll $125 Landscape Designer I $115 Senior Urban Designer lll $200 Senior Urban Designer ll $190 Senior Urban Desiger I $180 Urban Designer !V $155 Urban Designer lll $145 Urban Designer l! $125 Admin. - Manager $180 Administrative Statf $130 The rates and multiples set forth above may be adjusted as required by GGLO compensation practices. Page 161 of 208 ! . SUBCONSULTANTS The costs of subconsultants for engineering, model construction, artist's renderings, etc., when required and authorized by the Owner, shall be billed at a multiple of one and one-tenth (1.10) times the expense incurred by GGLO. IV. RE MBURSABLE EXPENSES Reimbursable expenses are charged in addition to compensation for Professional Services and include printing and reproduction; long distance telephone charges; postage, delivery charges; transportation, air travel, parking; and automobile use. Unless agreed otherwise, reimbursable expenses shall be billed at a multiple of one and one-tenth (1.10) times the expenses incurred by GGLO. V. INVO CING AND PAYMENTS lnvoices shall be submitted monthly for services and reimbursable expenses incurred during the preceding month. Services shall be billed on an hourly basis. Payments are due and payable upon receipt of the invoice by the Owner. Failure of the Owner to notify GGLO in writing of any disputes with the amount of any monthly invoices, within thirty (30) days of receipt by the Owner, shall be considered acceptance of those invoices for payment under this agreement. Amounts unpaid thirty (30) days after the date of the invoice shall bear interest at the rate of one and one-half percent (1-112o/o) per month, or the maximum amount allowed by law, whichever is less. In addition, GGLO may, after giving written notice to the Owner, suspend services until all amounts due are paid in full, and the Owner shall indemnify, defend and pay any claims and expenses incurred by GGLO resulting from such work stoppage and expenses from collection of amounts past due. V . OTHER CONDIT ONS See G ty of Port Orchard Profess ona Serv ces Agreement. Page 162 of 208 EA Engineering, Science, and Technology, nc., PBC. 2020 Billing Rates T. McCann R. Schipanski G. Brunner M. Sarlitto J. Ding K. Hollinger H. Dennis QC Review (Planner Vl) Project Director (Planner Vl) Project Manager (PIanner V) Project Manager (Planner V) Planner (Planner lV) Planner (Planner lV) Planner (Planner l) Other Rates Auto mileage, per mile $0.58 ln-house photo copies, per page $0.15 Handling charge on subcontractors and expenses 10% Rates are good through December 2020. 240 225 195 160 135 135 80 January 3,2OL9 Page 163 of 208 EARTLAN CONSULTING FEES AND REIMBURSEM ENT SCHEDULE Effective lonuory 7, 2079 HOURLY BITLING RATES: James Reinhardsen John Shaw Matt Anderson Chris Fiori Doug Larson Deva Hasson David Armitage Erica Buckley Lee Striar Mark Goodman Lanzi Li Ben Wharton Spencer Esau Evan Schneider Jenny Score Tyson Heriot Stephen Russell Graduate lntern Research Assistant/Graphic Assistant (Note: Generol olfice overheod ond generol dedal work are incorporuted in these hourly mtes) REIMBURSABLE COSTS: 5470 S41o Ssso s280 Szso s280 s260 s2s0 Szgo $zzo s210 s210 Sreo S18o Sroo Sr+o Sloo Sgo Sso Copies - color 7l xt7 Copies - color 8-U2 x L7 Copies of large format originals - all types Mileage Parking and tolls Postage and delivery Out.of-house productions Large format prints Mounting on presentation board Travel - airfare, car rental, lodging and meals St.s0 each S.zs each Cost S.sg/mite Cost Cost Cost S8.solsf 53.7slsf Cost plus 2% RATES ARE SUBTEO TO ANNUAL INCREASES l-f01 First At,cnLle, Suite 100 Se.rttlc, Washirrgton 9Bl0l rer 206682-2500 FAx 206467-1429 www.xEARrLANDLLc.coM Page 164 of 208 ffi Transportation Sol utions, lnc. 8250. 165th Avenue NE Suite 100 Redmnd, WA 98052-6628 T 425-883-4r34 r 425-867.0898 www.tsinw.com Transportation Solutions, Inc. 2Ot9 OURLY BILLING TES Name Title Hourly Labor Billing Rate Victor L. Salemann Principal $235.OO Jeff S. Elekes Director $215.OO David D. Markl Princi al $2 .oo Andrew L. Bratlien Sr. Tr. Engineer $168.5O Michelle L. Mach Sr. Tr. Engineer $168.50 Jeffrey P.K. Hee Sr. Tr. Engineer $168.50 Mary Ann Olson Engineer IV Akmal Siddiqui ADA Services Specialist $145.OO PhiI McDonald Sr. Eng ineering Tech $12O.OO Jennifer Salemann Planner I $g8.oo Jill Berberich Project Administrator $115.oo Staff Engineerin Technician $ 6o-9S EXPENSES Reimbursable Expenses Direct Cost no Markup Sub-consultant invoices Direct Cost no Markup Billing rates are subject to change. $145.oo Page 165 of 208 Reid Middleton, Inc. Exhibit rrArr Schedule of Charges Effective July 1,2019 through June 30,2020 ror Planner/Princ ipal Surveyor orS ect ect ect Planner ..............$ Crew Chief/ .$ .$ Hourly Rate 20s.00 - $ 260.00 20s.00 - $ 250.00 r80.00 - $ 20s.00 140.00 - $ 175.00 Personnel T Local Writer I - Automobile echnici I15.00 -140.00 105.00 -125.00 $ $ $ $ 120.00 Technician/Technician/Technical Writer I ..................... Expert Witness/Forensic Engineering 1.5 times usual hourly rate (4 hour minimum) Individuals not in the resular employ of Reid Middleton mav occasionallv be eneased to meet soecific plgj-e.gt requirements. Ctrarges f<ir slrch personnel will be comparable to charges"fo"r regular Reib Middletonpersonnel. A premium may be charged if project requirements make overtime work necessary. $ 100.00$ 90.00 $ 13s.00 $ 18s.00 $ 23s.00 l10.00 $ $ Person/RTK/Robotic/Scanni P e rson/RT K/Rob oti c/S canni Person/ RTIVRo Equipment Design Software/Computer Aided Drafting III. Reimbursable Expenses Local II. Survey Crew (l Survey Crew (2 Survey Crew (3 Mileage Mileage Rate $ 12.00/trour $ 0.58/mile$ 0.65/mile- Survey Truck Expenses that are directly attributable to the proiect are invoiced at cost plus l5%. These exDenses include, but are not limit-ed to, subconsultant'or -subcontractor services, tiavel and subsistenc6, communications, couriers, postage, fees and permits, document reproduction. special instrumentation and field equipnJgnt rental,. preririumi for additional insuiance where r6quired, spi:cial supplies, and other costs directly applicable to the project. A new schedule of charges is issued and becomes effective July I each year. Charges for all work, including continuing prdjects initiated in prior years, will be bdsed on tlie latest sch"edule of charges. ry.Client Advances H:\FORMS\EXHIBITSU0 I 9-A docx Page 166 of 208 2020 Schedule of Charges Billing Title Hourly Billing Rates Principal Engineer Szqs - Szso Sen ior Structu ra I Engineer Szso - Szss Senior Electrical Engineer Szzs - Szss Senior Project Manager Szzo - Szqs Senior Engineer Project Engineer Srgs - Szoo Staff Engineer srzo - srso Planning Manager Sros - Szzo Senior Planner srso - sr6s Planner Sroo - Srzs GIS Specialist*Srzo - Srgo Field lnspector & Building lnspectors*srzo - srzo Building Code Compliance Review sroo - szso CAD Manager*Sroo - Srso Draftsperson*Srro - Sr+o Project Ad m in istrator*Srro - Srss Project Assista nt/Word Processor*Srro - Srzo Professional Reimbursement: The hourly billing rates include the cost of salaries of the BHC employees, plus paid sick and safe leave, vacation, holiday, other fringe benefits, indirect overhead and fee. All employees classified as "non-exempt" (billing category denoted with *) by the U.S. Department of Labor will be compensated at 1-1/2 times salary for overtime hours, as per State and Federal wage and hour laws. Billing rates will be calculated accordingly for these overtime hours. Project Labor times 3.0% which includes telecommunications, faxes, standard U.S. Mail, mobile phones, and internet access. Direct Expenses: Reimbursement for direct expenses incurred in connection with the work, will be at cost plus ten percent. See Schedule of Non-Labor Charges for detail. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2020 through December 31, 2020, and will be adjusted thereafter. Srso - Szts Communication Fee: Page 167 of 208 .1 TB2 :ts Io, a5 2Fl E G t 2 o s =!oE0 U o c f c-oIOIrrg o t c oU o.l GC oz 2 G o co Eo{CTc .g ! ! a sc oe E @ E .96g o 6 66 E .9 oo! o 4 Bc Eoo 4 i .g EE U U =UI o d 2 E .s TE'a 0 2r Co EoEoIE .9 !t !oo o o o o .9 o2 co EcEGc G = .9 .gs0 Eo I.9! o'6' .g: C eoco o 65 I C o €N E o ueldluluotst6 OII ISEI uollEJoldxl pue 5a^lteuJallv utlsao OZI lsll 0€r rsel, 6 I(,:, 6;c oo E!EiE =f_e32d2i\EEo!!l!ric o.9 sEEEg,Io { o z c;o c]oo oc o Et:toc srs^luV / JJo-Ir)l 00r lse-t rH uE oo = IoEo o Eoo ooEg o ooa o =.9t c! c E !4 !a t a E E I il .=a .9,! d .!: G c Page 168 of 208 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 26, 2021 Subject: Approval of Memorandums of Understanding Prepared by: Debbie Lund with the Guild Representing Patrol Officers and HR Manager the Guild Representing Sergeants Regarding Atty Routing No.: 366922.8 – HR Annual Vacation Carryover Atty Review Date: January 20, 2021 Summary: By this memorandum, the City Council would approve of an agreement (in the form of a Memorandum of Understanding) with the Police Guilds representing Patrol Officers and Sergeants, to remedy a dispute regarding leave compensation pertaining to the COVID-19 pandemic. These MOUs would increase the maximum amount of vacation carryover at the year end from 240 to 320 hours, but keep the cash out maximum in the event of separation at 240 hours. Recommendation: Staff recommends the City Council approve the proposed Memorandums of Understanding (MOUs) with the Guilds representing Patrol Officers and Sergeants. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to authorize the Mayor to sign a Memorandum of Understanding with the Police Guild representing Patrol Officers and a Memorandum of Understanding with the Police Guild representing Sergeants to provide for an increase in the annual vacation cap.” Fiscal Impact: N/A Alternatives: Not approve this request and provide alternative guidance. Attachments: The MOUs under consideration tonight are not public documents until approved by Council and signed by the parties; they are therefore not attached. Page 169 of 208 City of Port Orchard Council Meeting Minutes Regular Meeting of January 12, 2021 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:31 p.m. Roll call was taken by the City Clerk as follows: Councilmember Ashby Present via Remote Access Councilmember Chang Present via Remote Access Councilmember Clauson Present via Remote Access Councilmember Cucciardi Present via Remote Access Councilmember Diener Late Arrival via Remote Access Councilmember Lucarelli Present via Remote Access Mayor Pro-Tem Rosapepe Present via Remote Access Mayor Putaansuu Present via Remote Access Staff present via Remote Access: Finance Director Crocker, Community Development Director Bond, Code Enforcement Officer Quesada, Public Works Director Dorsey, HR Manager Lund, Police Chief Brown, City Attorney Archer, 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 item number F to the Consent Agenda to excuse Councilmember Diener due to work obligations. The motion carried. MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the agenda as modified. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. Page 170 of 208 Minutes of January 12, 2021 Page 2 of 5 4. CONSENT AGENDA A. Approval of Voucher Nos. 81136 through 81141 and 81149 through 81258, and 81263, including bank drafts in the amount of $988,867.47 and EFT’s in the amount of $27,375.24 totaling $1,016,242.71. B. Approval of Payroll Check Nos. 81142 through 81148 and 81259 through 81262 including bank drafts and EFT’s in the amount of $431,555.22; and Direct Deposits in the amount of $182,355.74 totaling $613,691.96. C. Adoption of a Resolution Confirming Mayoral Appointments to Kitsap County’s Grant Recommendation Committees (Resolution No. 003-21) D. Adoption of a Resolution Approving a Nonexclusive Perpetual Power Easement with Puget Sound Energy (PSE) for the Continuation of the 580 Reservoir Project (Resolution No. 002-21) E. Adoption of a Resolution Approving a Contract with The Watershed Company for 2021-2023 On- Call Critical Areas Review and Consulting Services (Resolution 004-21 and Contract No. 023-21) F. Excusal of Councilmember Diener Due to Work Obligations MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the consent agenda as amended. 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 Appointing Katie Quesada as the City’s Code Enforcement Officer as Established in Port Orchard Municipal Code Chapter 2.64 MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt a Resolution appointing Katie Quesada as the City’s code enforcement officer. The motion carried. (Resolution No. 005-21) B. Appointment of a Mayor Pro-Tempore for 2021 MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to elect Councilwoman Bek Ashby as the Mayor Pro-Tempore for 2021. The motion carried. Page 171 of 208 Minutes of January 12, 2021 Page 3 of 5 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 MOTION: By Councilmember Cucciardi, seconded by Councilmember Chang, 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. The motion carried. (Ordinance No. 003-21) 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 MOTION: By Councilmember Lucarelli, seconded by Councilmember Ashby, to adopt 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. The motion carried. (Resolution No. 006-21) E. Adoption of a Resolution Approving the Selection of a Preferred Site for the South Kitsap Community Events Center MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, 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. The motion carried. (Resolution No. 007-21) F. Authorization for the Mayor to Sign Letter of Intent with Kitsap Bank Related to the Purchase of 619 Bay Street MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to authorize the Mayor to sign the Letter of Intent with Kitsap Bank related to the purchase of 619 Bay Street. The motion carried. G. Approval of the December 15, 2020, City Council Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the minutes for the December 15th meeting. The motion passed. Councilmember Ashby abstained. Page 172 of 208 Minutes of January 12, 2021 Page 4 of 5 8. DISCUSSION ITEMS (No Action to be Taken) A. 2020 Festival of Chimes and Lights Due to complications with screen sharing, Councilmember Lucarelli asked for this item to be later in the meeting. 9. REPORTS OF COUNCIL COMMITTEES Councilmember Clauson reported on the January 12, 2021, Finance Committee meeting. Councilmember Diener joined the meeting at 7:10 p.m. Mayor Putaansuu reported the Economic Development and Tourism Committee is scheduled to meet February 8th. The Utilities Committee is scheduled to meet January 19th. The Transportation Committee is scheduled to meet January 26th. Councilmember Lucarelli provided a presentation on the 2020 Festival of Chimes and Lights which included the downtown decorated tree contest and winners, big tree in front of city hall, community decorating, and Fathoms O’ Fun Royalty. Mayor Putaansuu reported on the Kitsap Public Health Board, Department of Emergency Management, and Kitsap Transit. 10. REPORT OF MAYOR The Mayor reported on the following: • Gorst Coalition; and • Personnel policy changes. Councilmember Clauson provided an update of Kitsap Transit services and ferries. 11. REPORT OF DEPARTMENT HEADS Mayor Putaansuu noted the City will be using another version of Zoom starting next month. City Attorney Archer reported the Open Public Meetings Act proclamation expires January 19th and the proclamation prohibiting shut-off of residential utilities has been extended until April 30th. Police Chief Brown gave an update of Deputy Chief Main, accreditation 60-day mark, and security upgrades. GOOD OF THE ORDER Page 173 of 208 Minutes of January 12, 2021 Page 5 of 5 Councilmember Rosapepe thanked the Police Chief for sharing the strategic plan with everyone, noted the selection of the Design Committee for the Lincoln roundabout, and thanked AWC, Planning Commissioners and our Mayor for the letter that was sent out condemning the violence and calling for a peaceful transition. Councilmember Chang reported the severe weather shelter at the corner of Sidney and Kitsap is open this evening and operating. Mayor Putaansuu reminded Councilmembers Lucarelli and Diener about the resolution they need to sign for retired Deputy Chief Schuster. 12. CITIZEN COMMENTS There were no citizen comments. 13. EXECUTIVE SESSION At 7:42 p.m. Mayor Putaansuu recessed the meeting for a 10-minute executive session to discuss pending litigation pursuant to RCW 42.30.110(1)(i). City Attorney Archer, Community Development Director Bond, Public Works Director Dorsey, and Finance Director Crocker were invited to attend, and Mayor Putaansuu announced no action will follow. At 7:52 p.m., Mayor Putaansuu extended the executive session an additional 10-minutes. At 8:02 p.m., Mayor Putaansuu extended the executive session ad additional 5-minutes. At 8:07 p.m., Mayor Putaansuu reconvened the meeting back into session. 14. ADJOURNMENT The meeting adjourned at 8:07 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 174 of 208 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 26, 2021 Subject: Donation Policy for Public Spaces Prepared by: Robert Putaansuu Accessories Mayor Atty Routing No.: N/A Atty Review Date: N/A Summary: Discuss the proposed Donation Policy for Public Spaces Accessories. Relationship to Comprehensive Plan: N/A Fiscal Impact: N/A Attachments: Donation Policy for Public Spaces Accessories Page 175 of 208 1 CITY OF PORT ORCHARD [PARKS] DONATION POLICY FOR PUBLIC SPACES ACCESSORIES The purpose of this policy is to establish guidelines, standards and procedures for the installation and care of donated public improvements for installation in the City’s parks and other public spaces, either as a result of a cash or physical property donation. These donations may include, but are not limited to, benches, bicycle racks, picnic tables, drinking fountains, and other types of public space accessories. This policy does not apply to buildings, land, or naming rights. This policy does not apply to other forms of donations to the City not expressly set out in this policy. The City desires to encourage donations of accessories for the City’s public spaces, while at the same time, manage aesthetic impacts and mitigate on-going maintenance costs. The City strongly encourages donations that improve the public space ability to meet the varied recreational, social, wellness, and educational needs of users. Guidelines established by this policy will apply to all donations of public space accessories made after the effective date of this policy. Donations of public space accessories made prior to the adoption of this policy shall be subject to applicable sections of this policy. STANDARDS FOR DONATIONS DEFINITIONS OF NEW DONATIONS: New donations are those made after the adoption date of this policy. ACQUISITION OR PURCHASE: The City and the community have an interest in ensuring that public space elements that are purchased and installed be of high quality related to style, appearance, durability, and ease of maintenance. City staff will be responsible for coordinating purchases and installations of all public space elements unless a mutual agreement for alternative coordination has been reached with the donor. APPEARANCE AND AESTHETICS: The City and the community have an interest in ensuring the best appearance and aesthetic quality of their public facilities. Public space elements should reflect the character of the space or facility. City staff shall review all proposed donations against the City’s public works standards and the standards set out in this policy prior to submitting the donation for Formatted: Normal, Indent: Left: 0.98", Space Before: 0 pt, Tab stops: 4.68", Left Formatted: Indent: First line: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: First line: 0" Formatted: Font: Bold, No underline, Underline color: Auto Formatted: Font: Bold, Underline, Underline color: Formatted: Font: Bold, Underline Page 176 of 208 2 approval by the Public Works Director or City Council (where applicable). All public space elements will be installed by City staff in such a manner that will not substantially change the character of a facility or its intended use. Formatted: Indent: First line: 0", Line spacing: single Page 177 of 208 3 MAINTENANCE: Donated public space elements will become City property once installed and/or permanently placed in the mutually agreed upon location. Accordingly, the City has the duty to provide only routine maintenance and repair of the donation for up to five years post signed donation policy agreement. Within the five-year period, the City is not obligated to replace the gift or public space improvement if it is stolen, vandalized, worn out, irreparably damaged, destroyed or expires. PUBLIC SPACE ACCESSORIES: Donated public space accessories may include, but are not limited to, benches, bicycle racks, picnic tables, drinking fountains and similar public space accessories. The donated items must conform with the City’s public works standards and the standards set out in this policy. REPAIR: The community has an interest in ensuring that all public space elements remain in good repair. In addition, the community has an interest in ensuring that the short and long-term repair costs are reasonable. Repair parts and materials must be readily available. Donated public space elements must be of high quality to ensure longevity, be resistant to the elements, wear, and tear, and acts of vandalism. COST: The City has an interest in ensuring that the donor covers the full cost for the purchase, installation, and maintenance during the expected life cycle of donated public space elements. The City also has an interest in ensuring that on-going maintenance costs do not negatively impact the resources available for maintenance of other City facilities. Consequently, the City may assessrequire, at the time of purchasedonation, an additional amount charge sufficient to cover anticipated on-going maintenance of donated public space elements during their anticipated life cycle. PROCEDURE FOR MAKING DONATIONS The City's Public Works Department, in conjunction with the Finance Department, will manage all donations located on City property. The donor must contact the Public Works Director to determine whether a proposed donation of a public space accessory that is on the list of approved items (Appendix B) will be accepted, and the any conditions of acceptance. If the donation is accepted, the donor will work with City staff to complete Donation Agreement (Appendix A). Donations of public space accessories (benches, tables, bicycle racks, drinking fountains and similar amenities, whichamenities) arethat are not on the list of approved amenities (Appendix B) are discouraged, and will be reviewed by the Design Review BoardPublic Works Director prior to City Council acceptance of the donations. Final approval willapproval bewill be granted bygranted by the City Council forCouncil for the Formatted: Indent: Left: 0", First line: 0", SpaceBefore: 0 pt, Line spacing: single Formatted: Indent: First line: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Indent: First line: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: First line: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: First line: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: First line: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: First line: 0" Formatted: Indent: Left: 0", First line: 0" Page 178 of 208 4 acceptance of all donations over $5,000 in value. CRITERIA FOR ACCEPTANCE To accept donation/sofa public space element for a specific facility, the donation must 1) meet a true need of the facility, 2) not interfere with the intended current or future use of the facility and 3) not require the relocation of other equipment or infrastructure to accommodate the donation. The City reserves the right to deem a space and/or facility fully developed and thus rejects the donation. The City reserves the right to accept or deny any/all donations. Below are general donation guidelines. These guidelines are intended to be general in nature and do not serve as formal acceptance criteria. The City reserves the right to accept or deny any/all donations. GUIDELINES: All determinations will be based upon, but not limited to, the following guidelines: 1. Flowers, shrubs, bushes a. Donated plants become the exclusive property and maintenance responsibility of the City. b. Only those plantings that require a maintenance effort consistent with other plantings will be considered. c. Site preparation, installation and site restoration may be the responsibility of the City. d. Only perennial flowering plants will be permitted and incorporated in existing beds. e. The placement of plants will be based on the variety, color, mature height, size etc. Compatibility with surrounding areas will be a strong consideration for planted materials and their location. 2. Trees a. Donated trees become the exclusive property and maintenance responsibility of the City. b. Site preparation, installation, and site restoration may be the responsibility of the City. c. Tree placement/location will be based upon variety of tree selected, mature height, size etc. Compatibility with surrounding areas will be a strong consideration for trees and their location. d. Accordingly, the size and species of tree or trees donated shall be limited Formatted: Indent: First line: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: First line: 0" Formatted: Indent: First line: 0" Page 179 of 208 5 to those determined by the City. 3. Signage a. Interpretive signs may be installed at sites that are appropriate for describing the history, geology, environment, and flora and fauna of a particular area. Interpretive signs shall be of a size that is in keeping with the character of the site. Interpretive signs shall be of a design that meets requirements for access to the disabled. Interpretive signs shall be designed in such a manner that is consistent with other interpretive signs on the site. Interpretive signs shall be constructed of materials that are of high quality, vandal resistant, and able to withstand harsh environmental conditions. b. Donation Acknowledgements/Memorial Plaques: Donation acknowledgments will be determined by City staff. 4. Benches, Tables, Bicycle Racks, Drinking Fountains, and Other Amenities a. Donated benches become the exclusive property and maintenance responsibility of the City. b. Site preparation, installation, and site restoration will be the responsibility of the City. c. The amenity must be similar to or complement other amenities in the area. d. For McCormick Village Park, bench donations shall be located according to the map provided in Appendix C. 5. Buildings, Structures, and Public Art a. Donated buildings, structures (including playgrounds) and public art are not considered as part of this policy. To accept a donation for a specific facility, the donation must 1) meet a true need of the facility, 2) not interfere with the intended current or future use of the facility and 3) not require the relocation of other equipment or infrastructure to accommodate the donation. The City reserves the right to deem a space and/or facility fully developed and reject the donation. CONDITIONS INSTALLATION: Installation of donated public space elements, including any donor acknowledgement, will be completed by City personnel, unless mutual agreement for other arrangements has been reached. The installation will be scheduled at a time and date as determined by Public Works Operations and Maintenance, so as not to unnecessarily interfere with routine maintenance activities. DONATION ACKNOWLEDGEMENTS/MEMORIAL PLAQUES: A donor may request a memorial plaque or Formatted: No bullets or numbering Formatted: Font: Bold Page 180 of 208 6 acknowledgment be affixed to the donated public space accessory at the time the initial donation is submitted to the Public Works Director. Donation acknowledgments/memorial plaques, including whether one will be affixed, the materials and language of the acknowledgment/plaque, and location of the acknowledgement/plaque will be determined by City staff. REMOVAL AND/OR RELOCATION: This section applies to both existing and new donations. The City reserves the right to remove and/or relocate donated public space elements and their associated signage, when they interfere with site safety, maintenance or construction activities. Approved by the City Council on (INSERT DATE) Page 181 of 208 7 APPENDIX A Agreement Between City of Port Orchard and [Donors' Name] for donation THIS AGREEMENT, entered into this day of ,202_, is by and between the City of Port Orchard (the "City"), a municipal corporation, and Donors' Name, (the "Donor"), Donors' Address. WHEREAS, the Donor and the City recognize the importance of public facilities and amenities; WHEREAS, the Donor has offered to donate (specify item- planting, park amenity, etc.); NOW, THEREFORE, the City and the Donor, for the consideration and under the described conditions and obligations, hereinafter set forth and agree as follows: Section 1. The donation, known as name of item, as described below, is donated in its entirety to the citizens of Port Orchard to be hereafter owned by the City of Port Orchard and managed on behalf of the citizens by the Department of Public Works. Section 2. Description and Location: The item is: (describe) Space or Facility: Location: Additional Information: (does it have a plaque, etc?) Section 3. The City reserves the right to move/remove and/or retire the said donation following cessation of a five-year period. The five-year period shall commence upon the date entered into and indicated above. Section 4. Maintenance. The City shall be responsible for maintenance of the item, including any reasonable repairs, and will have the discretion to not replace and/or not repair the donation, if it is deemed damaged beyond reasonable repair and/or replacement, suffers repeated vandalism, and/or expires prior to cessation of the five-year period. Maintenance or replacement of the item will be at the City’s sole discretion. Section 5. Term. The initial term of this Agreement shall be five years. Following cessation of the five-year period, the City may treat the donation as it would any other City property similar in nature. Page 182 of 208 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials: IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth above. By, City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ATTEST: By, Donor Address Brandy Rinearson, MMC, City Clerk Approved as to Form: Charlotte A. Archer, City Attorney Date: Page 183 of 208 9 APPENDIX B APPROVED PUBLIC SPACE AMENITIES - EXAMPLES ONLY BENCHES Page 184 of 208 10 Page 185 of 208 11 TABLES BICYCLE RACKS Page 186 of 208 12 Page 187 of 208 13 WASTE RECEPTACLES Big Belly Solar Trash Container www.Bigbellysolar.com 85 Wells Avenue, Suite 305 Newton, MA 02459 Ph: 888-820-0300 info@bigbellysolar.com Page 188 of 208 14 Page 189 of 208 15 APPENDIX C Page 190 of 208 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 8B Meeting Date: January 26, 2021 Subject: Department of Emergency Management Prepared by: Robert Putaansuu (DEM) Funding Related to COVID-19 Mayor Response Atty Routing No.: N/A Atty Review Date: N/A Summary: Discuss emergency operations related to COVID-19 and additional spending authority to fund existing EOC operations from January through September 2021. Relationship to Comprehensive Plan: N/A Fiscal Impact: N/A Attachments: DEM Emergency Operations Related to COVID-19, and Finance and Admin Section Report. Page 191 of 208 Department of Emergency Management Emergency Operations related to COVID-19 - 2020 additional cost covered by CARES Act - 75% of current operations are eligible for reimbursement from FEMA - Current population-based funding formula has Port Orchard at 5.98% of the Kitsap County population - 5.98% of the 25% match in worst- & best-case scenarios (Operations) - Worst Case $6,773 per month - Best Case $2,112 per month - Difference being the belief that additional grants will be made available - Capital request is for improvements to a warehouse that was purchased with CARES funding to store COVID response supplies and materials - Capital request is a one-time expenditure of $21,233 that is not eligible for FEMA match Page 192 of 208 Finance and Admin Section ReportAction Requ6t€d:Approve additional spending authority of $45,427 per mondr, plus a one-time request of S5O,000, for a total requst of $462,443 to fund existingEOC oDerations from larruary thrnqh Septenrber 2O21.EOC REMOTE OPERATIOI{SUnified ConrnrandJoi nt ].nforrnation Cent€rRecovery Stralegy OfficerLLriss. Snfety, & Legal O{ficersEmergency wor*erlvol unts Offi€erAgency ReprsentativesLogistiG SectionOperatiors S<tionPlanninq & Intel SsctionFinance & Adnrirristlation Sxtior rMarkjgted bv R(w 38-52 and wac 118@Conrrnunity-Based Testing SitesCommunity-Based Vaccination SitesIJV Sahitation UnitOutbrek Response TaskforceWar ehou*/Stagirrq/PPE Distr ibutionNon-Congregate Shelt+ingQuarantine & Isolationllonreless Shelto'ingSevere Weather ShelterirrqMoncLtte<t bv (iovenror lhs/e3 Safe -!-tatt Reopenm., P/anPer Month$ 45,827r{ottrHtYlosrExtra Help StaffingCwnty Per sorrrEl Stdffings153.107slO5.$82Logistic & Ops ationsStaging/PPI DistributidSupplis & Sundriss 5,090s 5.000Public Outreach & Educations 5.000Non-Congregate ShelteringQrrar-antire & IolatimHonreless Shelterings 58.oDO5 60.0002596 FEMA Cct Match - Q&IIn-Krnd Volunt€r Hours (offset to FEMA match)I$Costs12,500(20,000)fUtrDIilG_OEIIO,USEsD - Dislo@ted woil(er Prcgramsix W*ks of Fundinq (lan to l.'lid-Feh)FEMA - Public Asastnnce75ch Cost Reimbursenrerrt - Staff75Yo Cost Reimbursement - Q&ICounty Per$nnel (budqeted)Hu0raD Servkes CDBG Gratrt - NsrcolrOther Funding - llot ConffmedKPHD GrantCIRES FxtmsionFpder al AssistAn.e$105,082$ 60,000$1 1-1,980$ 37,100Sustained EOC Operations (Staffing & Fundine)Page 193 of 208 Kitsap CountyPoulsboPort OrchardBremertonWORST-CASE SCENARIO - 25% LOCAL COST MATCH72.46%4.67%s.98%16.89%OWNERSHIPPERCENTAGETOTALBEST-CASE SCENARIO - 10% LOCAL COST MATCH72.46%4.67%5.98o/oL6.89%OWNERSHIPPERCENTAGETOTALroo.oo%too.oo%1L3,327 t,359,924355,270 t,7t5,t94OPERATIONSCAPITALOPERATIONSCAPITAL257,4L4L6,60421,,23360,01_9ONE-TIME257,41,416,5042I,23350,019ONE.TIMEL,242,75780,162LO2,5L0289,764TOTAL564,60636,4L946,572L3t,645TOTAL35,331 423,972355,270779,24282,LLz5,2976,773L9,145Monthly985,34463,55881,,277229,745JAN-SEPKitsap CountyPoulsboPort OrchardBremerton25,599L,65L2,II25,969Monthly307,19219,81525,3397L,626JAN-SEPPage 194 of 208 8900/890218904 SW lmperial Way, Bremerton Fire Alarm/Fire Supression & Securitv Alarm Fire Sprinkler Fire Alarm Burglar Electrical Pump House (Doghouse) Flow Testing Fees Various Constrution repairs due to required work Electrical Work needed to complete required Fire system improvements Demolition and concrete work Misc Permits Misc Engineering fees Underground Trenching, Piping, or Wiring Repairs (immediate, short-term, long terml Replace impact damaged steel canopy column Replace 7 windows at Building 8900 Replace minor sections of damaged metal panels. Clean, prime and repaint underside of canopy Perform electric code compliance survey Replace split system HVAC Replace electric water heater Provide emergency and exit signs for the office area in Building 8900 Add addition fire extinguishers and perform inspections Allowance to add one "Van Accessible" handicap parking space with access aisle and signage to meet ADA Replace sink/vanity in common restroom to comply with ADA guidelines. Mount grab bars to comply with ADA guidelines Modify toilet flush handle such that it is on the open side of the tank Allowance to perform mill and overlay of asphalt pavement Perform repairs, clean, re-seal, and re-stripe asphalt pavement Replace approximately 300 linear feet of fence 96,334.00 27,500.00 5,500.00 5,500.00 52,800.00 1,500.00 8,500.00 Sub Total 11,500.00 10,000.00 16,850.00 23,500.00 7,550.00 267,034.OO 54,ooo.oo s20o.oo s2,ooo.oo s1,500.00 s5,000.00 S3,750.oo 53,500.00 S1,ooo.oo s2,000.00 ssoo.00 s1,ooo.o0 Ssoo.oo s2s0.00 S19,ooo.oo S15,5oo.oo S3,75o.oo Sub Total 563,450.00 comb Total sggo,+g+.oo Page 195 of 208 Sales Tax 524,786.30 Total s355,270.30 Page 196 of 208 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 8C Meeting Date: January 26, 2021 Subject: Gorst Coalition Memorandum of Prepared by: Robert Putaansuu Mayor Atty Routing No.: N/A Atty Review Date: N/A Summary: Discuss the Gorst Coalition Memorandum of Understanding. Relationship to Comprehensive Plan: N/A Fiscal Impact: N/A Attachments: DRAFT Gorst Coalition Memorandum of Understanding. Page 197 of 208 Understanding Gorst Coalition Memorandum of Understanding 1 Gorst Coalition GORST COALITION MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is made and entered into by and between the undersigned parties to form the Gorst Coalition for the purposes and according to the procedures set forth herein. This MOU is not intended to be binding or enforceable but is established to provide a common framework and guide the efficient and effective goals of the Gorst Coalition. ARTICLE I: GENERAL Section 1: Coalition Formation and Purpose The Gorst Coalition formed by this MOU is a group of public agencies, businesses, and community partners within Kitsap and Mason Counties that have an interest in the area of Gorst and a desire to work cooperatively for the best interests for the citizens and ecosystem in Gorst. As further explained in Article IV, this MOU does not create a separate entity or confer any additional substantive powers or authorities on members. Each member brings to the Coalition all powers and authorities otherwise vested by law. The purpose of the Gorst Coalition is to find and secure state and federal resources needed to construct the projects recommended strategies outlined by the members of the Coalition and Washington State Department of Transportation (WSDOT) for the SR3/SR16 Gorst corridor. The Coalition recognizes the urgent need to address resiliency from sea level rise and seismic events, national security, congestion, and impacts to the ecosystem at Gorst and plans to build on previous partnership planning. The Coalition will work collaboratively with local businesses and governing bodies of state, local, and federal levels to ensure the safety, economic vitality, and mitigation of natural and cultural resources while supporting national security and sustaining the mission of our military. Section 2: Value of the Gorst Corridor and Gorst Creek Ecosystem 1. Transportation and Emergency Management Value The Gorst Corridor is the vital transportation link for the movement of people, freight, and emergency supplies within Kitsap County and is the gateway to Mason, Jefferson and Clallam Counties. The Federal Highway Administration designated the SR 3/SR 16 – Gorst Corridor as a “Critical Urban Freight Corridor” and it provides the only roadway link to strategic U.S. Naval facilities, which are vital not only to military readiness and national security, but to the regional economy. The area is identified by the Federal Emergency Management Agency (FEMA) as a chokepoint that can affect public safety and would be completely shut down in the event of a major earthquake or rising sea levels. With daily traffic volumes of 84,000 vehicles per day, the Corridor supports traffic levels similar to I-5 south of Olympia and I-90 east of Issaquah. Daily congestion impacts commuters, transit, and freight modes serving the region and Naval Base Kitsap. 2. Cultural Value The Corridor is also within the ancestral lands and waters of the Suquamish Tribe, where the Suquamish people once hunted deer and elk, fished for salmon and smelt, dug clams and collected vegetal foods for millennia and where they exercise their treaty right to harvest salmon in these waters as they have for thousands of years. The Corridor is also overlaid with ancestral Suquamish village sites, seasonal villages, ceremonial gathering places and settings for creation stories. 3. Ecological Value Page 198 of 208 Gorst Coalition Memorandum of Understanding 2 The Corridor’s primary natural features are the Gorst Creek watershed and the marine waters and shorelines of Sinclair Inlet. The Gorst Creek ecosystem, one of the largest and most productive watersheds in the east Water Resource Inventory Area (WRIA)-15 subregion, supports runs of chinook, coho, and chum salmon as well as steelhead and cutthroat trout. The Sinclair Inlet estuary supports waterfowl, shorebirds, great blue herons, bald eagles, and is an important rearing and refuge area for juvenile chinook salmon and formerly hosted a natural oyster bed. The importance of the Corridor in terms of resiliency, national security, congestion, cultural and ecosystem functions requires robust coordination on transportation planning and mitigation for past, present, and future impacts to the region. Section 3: Membership and Vacancies The undersigned entities form the voting membership of the Coalition, whether such entity signed the MOU upon formation or after. The Coalition embodies the five committees listed under Section 4. The Coalition also includes “Resource Members” consisting of the Navy, Washington State Legislators, WSDOT, and other state and federal agencies that provide expertise to the Coalition but do not have a financial stake in the Coalition, nor do they direct lobbyists. These resource members are not signatories to this MOU and do not vote. Section 4: Structure and Decision Making Each Coalition member shall appoint a representative to serve on a committee as identified herein, but each member shall only have one vote on each decision-making committee. Should a representative be unable to fulfill his or her duties for the Coalition member, the Coalition member will be responsible for appointing a new representative. The roles, decision-making model, and members of each committee is described below. 1.Co-Chair Committee: a.Role: Guides the coordination of the Coalition by monitoring Coalition work plan progress and budget performance, teeing up decisions for the Executive Committee to make, and overseeing administrative staff that could be a consultant or public agency staff (not lobbyist consultant). b.Decision Making: By consensus. (see Figure 1: Decision Making by Consensus) c.Meeting Chair: Leadership will be shared by having rotating Chairs facilitate the Co-Chair and Executive Committee meetings. The full Co-Chair group will have the opportunity to review all meeting materials. d. Membership: One representative each from the Port of Bremerton, the private sector, Senator Randall, , and fiduciary sponsor. 2.Executive Committee: a.Role: Coordinates on the state and federal strategy, leverages resources and partners, provides guidance to the Lobbyist Oversight Committee on public and legislative media/communications, oversees the Technical and Environmental Committees, and approves any spending of the Coalition’s funds. b.Decision Making: By consensus of the voting membership. (see Figure 1: Decision Making by Consensus) c.Meeting Chair: The rotating Co-Chair as described above. d. Membership: Kitsap County, Mason County, City of Bremerton, City of Poulsbo, City of Port Orchard, Kitsap Transit, Suquamish Tribe, Port of Bremerton, Port of Kingston, WSDOT, and representatives of educational, recreational, community, business, and industry interests. 3.Lobbyist Oversight Committee Page 199 of 208 Gorst Coalition Memorandum of Understanding 3 a. Role: Guides the coordination of the lobbyist(s) by overseeing their work plan progress and budget performance. b. Decision Making: By consensus of the voting membership. (see Figure 1: Decision Making by Consensus) c. Meeting Chair: TBD d. Membership: A subgroup of the Executive Committee based on interest, capacity, and ability to direct advocacy efforts. 4. Technical Advisory Committee a. Role: Coordinate on the technical components of Gorst projects and share updates and recommendations to the Executive Committee. This group can convene themselves without direction of the Executive Committee but may receive requests to address topics as needed. b. Decision Making: N/A, this groups provides recommendations. c. Meeting Chair: Rotating Chair from public agencies (excluding resource members). The Chair is responsible for scheduling the meetings, developing agendas, facilitating meetings, and providing meeting summaries. d. Membership: Suquamish Tribe, Port of Bremerton, City of Bremerton, City of Port Orchard, Kitsap County, Mason County, Dept. of Ecology, Dept. of Fish and Wildlife, WSDOT. 5. Environmental Committee a. Role: Coordinate on the ecological components of Gorst projects and share updates and recommendations to the Executive Committee. This group can convene themselves without direction of the Executive Committee but may receive requests to address topics as needed. b. Decision Making: N/A, this groups provides recommendations. c. Meeting Chair: Rotating Chair from public agencies (excluding resource members). The Chair is responsible for scheduling the meetings, developing agendas, facilitating meetings, and providing meeting summaries. d. Membership: Suquamish Tribe, Kitsap County Public Works (KCPW) Stormwater, WSDOT, Dept. of Fish and Wildlife, The Waterman Group 6. Coalition Building Partners a. Role: Cultivate broad support and advocate for the project through various means as appropriate, including potentially pursuing a grassroots fundraising model. Receive updates from the Executive Committee on decisions and milestones via quarterly emails. b. Decision Making: Not applicable. This is not a decision-making body. c. Membership: Jurisdictions, government agencies, Tribes, organizations and individuals from the private and public sectors. 7. Military Liaison a. Role: Provide Navy specific information to the Coalition. b. Decision Making: No decision-making authority. c. Membership: Naval Base Kitsap Page 200 of 208 Gorst Coalition Memorandum of Understanding 4 Decision Making by Consensus: Gradients of Agreement Scale Consensus No Consensus Whole- hearted endorsement Agreement with minor point of concern Support with reservation Abstain More discussion needed Don’t like but will support Serious disagreement, but won’t veto Veto ©Gradients of Agreement Scale, Sam Kaner, Duane Berger, and staff at Community at Work, 1987 Figure 1: Decision Making by Consensus Gorst Coalition Organizational Chart Figure 2: Gorst Coalition Organizational Chart Section 5: Fiduciary Responsibilities and Financing of Coalition The City of Bremerton will act as the fiduciary agent for the Coalition and will be responsible for coordinating and executing contracts on behalf of the Coalition and for invoicing the paying members pursuant to this MOU. The City of Bremerton may resign from this position at any time or it may be re-assigned by the Co-Chair Committee as deemed appropriate. Coalition members will share the cost of the Coalition’s budget through a tiered model in which members, regardless of public or private entity, aim to pay a certain minimum amount. Tiers will be determined by consensus based on economic, transportation, security, cultural, and ecological reliance on the Gorst Corridor. The annual target contributions are as follows: Tier 1: Parties most affected by Gorst – $20,000-450,000 annual contribution Tier 2: Parties affected by Gorst – $10,000-$20,000 annual contribution Tier 3: Parties affected by Gorst but with limited funding capacity – any amount Executive Committee Technical Advisory Committee Environmental Committee Lobbyist Consultant Coalition Partners Military Liaison Co-Chair Committee Lobbyist Oversight Committee Page 201 of 208 Gorst Coalition Memorandum of Understanding 5 These payment amounts may be adjusted as deemed appropriate by the Co-Chair Committee, with actual amounts paid within the range determined by the paying member. All monies paid to or from the fiduciary agent shall be accounted for in accordance with RCW 43.09.210. Resource members including Legislators, WSDOT, and other state and federal agencies are not involved in the financing of the Coalition. The budget and work plan of the Coalition will be established annually based on expected contribution of the paying members, with the budget coinciding with the calendar year. Each September, the Co-Chair Committee will prepare a draft budget for review and approval by Executive Committee prior to the end of the fiscal year. ARTICLE II: OBJECTIVES AND WORK PRODUCTS Section 1: Objectives 1.1 The primary goal of the Coalition is to obtain funding for WSDOT to design and construct capacity, resiliency and redundancy improvements through the Gorst Corridor. 1.2 Work toward consensus whenever possible. 1.3 Work with the Washington State Legislature and U.S. Congress to prioritize and obtain funding for the Gorst Corridor. 1.4 Bring forth previous work done on the Corridor to advance progress. 1.5 Identify and gather resources needed to support funding and environmental, cultural, and economic mitigation. 1.6 Review communication materials and draft plans. Section 2: Work Products 2.1 Administrative staff will produce meeting summaries for each Coalition Executive Committee meeting. 2.2 The Executive Committee will approve an annual workplan and budget. 2.3 The Executive Committee will approve a lobbyist scope of work and communication materials put forward by the Lobbyist Oversight Committee. 2.4 The Executive Committee will approve periodic updates to Coalition Partners about the work of the Coalition. 2.5 The Technical Advisory Committee and Environmental Committee may produce memos or other resources to share information with the Executive Committee. ARTICLE III: MEETINGS AND RECORDS Section 1: Meetings The Executive Committee shall meet on a schedule determined by the Co-Chair Committee following coordination with the Executive Committee to select the date, time, and location of any meeting. Administrative staff will email Executive Committee members to confirm the time and location of the meeting and to provide any materials for that meeting. It is the responsibility of Executive Committee members to review summaries of any meetings they did not attend. Section 2: Public Participation in Meetings The Executive Committee meetings are open to the public and publicly noticed. Members of the public and Coalition members who do not serve on the Executive Committee may observe the meeting and provide public comment at the end of the meeting if desired. Section 3: Operating Protocols Page 202 of 208 Gorst Coalition Memorandum of Understanding 6 Coalition members and their representatives will: 3.1 Use available and appropriate resources to accomplish Coalition objectives. 3.2 Participate regularly and on time. 3.3 Participate with positive communication and respect for the opinions of other members. 3.4 Represent their perspective. 3.5 Acknowledge any conflicts of interest. 3.6 Leverage resources and information. 3.7 Advocate for recommendations of the Coalition. 3.8 Bring institutional knowledge. 3.9 Act as a conduit of information between the Coalition and their cities or organizations. Section 4: Records The Coalition members acknowledge that to the extent public agencies are subject to the Washington State Public Records Act, chapter 42.56 RCW, all materials submitted to those public agencies may be subject to review and copying by the public unless an exemption applies. Section 5: Media Policy Should Coalition members be contacted with inquiries by the media regarding the Coalition, members should direct them to the hired lobbyist. ARTICLE IV: TERMINATION, INDEMNIFICATION, EFFECT OF MOU, AND AMENDMENT Section 1: Effective Date and Termination This MOU is effective when signed and shall remain in effect until terminated by a majority of the Co-Chair Committee members. Any member may terminate its membership in the Coalition by providing no less than 30 days written notice to the Co-Chair Committee of the desired termination date. Upon terminating its membership, a member forfeits its membership dues to the Coalition. Upon termination of the MOU, without renewal or replacement of this MOU, or upon dissolution of the Coalition, any unencumbered Coalition funds shall be returned, pro rata, to its then current paying membership based on a formula determined by the amount of contributions annually paid by each member as approved by the Co-Chair Committee, or based on a formula as otherwise established by the Co-Chair Committee. Section 2: Indemnification Each Party shall defend, indemnify and hold each other harmless from any and all claims, demands, suits, actions, judgments, recoveries, liabilities, penalties, costs and expenses, including, but not limited to reasonable attorneys’ fees, resulting from damage or bodily injury, including death, to the extent caused by a Party’s breach of this MOU or the negligent actions or omissions of that Party, or its employees, agents, or officers, elected or appointed. The foregoing indemnity specially covers actions brought by the Party’s own employees, and each Party agrees that the foregoing indemnity is specifically and expressly intended to constitute a waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party entitled to indemnity and only to the extent necessary to provide a full and complete indemnity as required under this Section. The indemnification obligation provided in this section shall survive the expiration or earlier termination of this Agreement for the duration of any applicable statute of limitations. Section 3: Effect of MOU This MOU is an internal agreement and does not confer any rights upon any individual or other entity. This MOU sets forth mutual goals and approaches. This MOU is not intended to create any rights, benefits, or other responsibilities, either substantive or procedural, nor is it enforceable as law or equity by a party against the U.S., its agencies, its officers, or any other person. Nothing in this MOU shall obligate members to expend other monies Page 203 of 208 Gorst Coalition Memorandum of Understanding 7 or enter into any contract or other obligation. Nothing in the MOU shall be interpreted as limiting, superseding, or otherwise affecting the Parties’ normal operations or decisions in carrying out their statutory or regulatory duties. This MOU does not limit or restrict members from participating in similar activities or arrangements with other agencies. SECTION 4: Amendment This MOU may be amended only in writing and only by agreement of all signing parties, except as set forth herein. Page 204 of 208 Gorst Coalition Memorandum of Understanding 8 V. Member Signatures Executed this ___ day of _____________, 2021. Approved as to form CITY OF BREMERTON Bremerton City Attorney Greg Wheeler, Mayor Executed this ___ day of _____________, 2021. Approved as to form CITY OF PORT ORCHARD Port Orchard City Attorney Robert Putaansuu, Mayor Executed this ___ day of _____________, 2021. Approved as to form CITY OF POULSBO Poulsbo City Attorney Becky Erickson, Mayor Executed this ___ day of _____________, 2021. Approved as to form PORT OF BREMERTON Port of Bremerton Attorney Cary Bozeman, President Executed this ___ day of _____________, 2021. Approved as to form PORT OF KINGSTON Port of Kingston Attorney Greg Englin, Executive Director Page 205 of 208 Gorst Coalition Memorandum of Understanding 9 Executed this ___ day of _____________, 2021. Approved as to form KITSAP TRANSIT Kitsap Transit Attorney John Clauson, Executive Director Executed this ___ day of _____________, 2021. Approved as to form SUQUAMISH TRIBE Leonard Forsman, Chairman Executed this ______ day of __________________, 2021. ATTEST: KITSAP COUNTY BOARD OF COMMISSIONERS CHARLOTTE GARRIDO, Comissioner ROBERT GELDER, Commissioner Dana Daniels, Clerk of the Board EDWARD E. WOLFE, Commissioner Deputy Prosecuting Attorney Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Page 206 of 208 Gorst Coalition Memorandum of Understanding 10 Approved as to form Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Page 207 of 208 Gorst Coalition Memorandum of Understanding 11 Approved as to form Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Approved as to form Page 208 of 208