Loading...
11/26/2024 - Regular - Packet0�84 Meeting Location: Contact us: ORCHARD Council Chambers Phone (3potorchad 216 Prospect Street cityhall@portorchardwa.gov Port Orchard, WA 98366 www.portorchardwa.gov City Council Regular Meeting Tuesday, November 26, 2024 6:30 PM Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the City Council is conducting its public meeting in a hybrid format with options for in -person attendance in the Council Chambers at City Hall or remote viewing and participation via Zoom (link below). The meeting is streamed live on the City's YouTube channel, click here. Remote Access Link: https://us02web.zoom.usA/86215681897 Zoom Meeting ID: 862 1568 1897 Zoom Call -In: 1 253 215 8782 Guiding Principles Are we raising the bar in all of our actions? Are we honoring the past, but not living in the past? Are we building positive connections with our community and outside partners? Is the decision -making process building a diverse, equitable, and inclusive community? 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZEN COMMENTS (This is an opportunity for citizens to address the City Council on agenda items that are not associated with a Public Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the official record. If you are attending remotely by Zoom via telephone, enter *9 from your keypad to raise your hand.) C!I�L�I►�� ► Cia►U7_1 (Items listed are to be considered routine in nature and are grouped together in a single motion. A Councilmember may remove an item for separate consideration upon request. In the event of such request, the item is placed under Business Items.) A. Approval of Payroll and Direct Deposits B. Approval of Vouchers and Electronic Payments C. Resolution Approving Interlocal Agreement with Kitsap County for RAVE Emergency November 26, 2024 Meeting Agenda Notification System (Ryan) D. Adoption of a Resolution Approving MOUs with Teamsters Local 589 Regarding Bereavement Leave (Lund) E. Memorandum of Understanding Amending the Collective Bargaining Agreement with the Teamsters representing Police Support Staff regarding a change in job title (Lund) F. Appointment of Councilmember Jay Rosapepe to Serve on the Kitsap Transit Board as an At -large Member (Wallace) G. Approval of the October 15, 2024, City Council Work Study Minutes H. Excusal of Councilmember Morrissey from Tonight's Council Meeting Due to Personal Reasons 5. PRESENTATION 6. PUBLIC HEARING (Accepting public testimony from citizens limited to the specific item listed) A. Salmonberry Apartments Development Agreement for Traffic Impact Fees - Public Hearing (Bond) 7. BUSINESS ITEMS A. Adoption of an Ordinance for the Salmonberry Apartments Development Agreement for Traffic Impact Fee Credits (Bond) B. Adoption of an Ordinance Amending the 2023-2024 Biennial Budget, Including the Adopted Salary Table (Crocker) C. Adoption of an Ordinance Establishing the 2025-2026 Biennial Budget (Crocker) D. Adoption of an Ordinance of the City of Port Orchard relating to project permit procedures and timelines; amending Sections 20.20.020(3), 20.22.030(5), 20.22.040(6), 20.22.050(6)(a), 20.22.060(6), 20.24.010(3), 20.24.040, 20.24.060(1), 20.24.060(5), 20.24.070(1), 20.24.110, 20.25.010(2), 20.50.060, 20.86.100, 20.88.060, 20.88.080(5), 20.96.080, 20.127.310, 20.132.050(5), and 20.200.005 of the Port Orchard Municipal Code. (Bond) E. Adoption of an Ordinance Amending Section 10.12.500 of the Port Orchard Municipal Code, Pertaining to Parking of Oversize Vehicles in City Lots 1, 2, 10 and Certain Parking Lots Serving Public Parks. (Ryan) F. Adoption of a Resolution Approving an Agreement with RH2 Engineering, Inc. for the Bay Street Lift Station Project (Ryan) G. Approval of Amendment 5 to Contract No. 052-19 with Attorney Thomas Pors for Water Rights Legal Services (Ryan) H. Approval of Amendment No. 2 to Contract No. 003-22 with Consor North America for On -Call Modeling Update Services for the City's Sewer Systems (Ryan) I. Approval of Amendment 3 to Contract 001-22 with Consor North America, Inc for On- Call/Modeling Update Services for the City's Water Systems (Ryan) 8. DISCUSSION ITEMS (No Action to be Taken) 9. REPORTS OF COUNCIL COMMITTEES (Three council members serve on the committee with staff to make collaborative recommendations about work November 26, 2024 Meeting Agenda K product. Staff then prepares the items for full Council consideration based on the Committee's discussion.) A. Council Advisory Committees 10. REPORT OF MAYOR 11. REPORT OF DEPARTMENT HEADS 12. CITIZEN COMMENTS (This is an opportunity for citizens to address the City Council on any items that are not associated with a Public Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the official record. If you are attending remotely by Zoom via telephone, enter *9 from your keypad to raise your hand.) 13. GOOD OF THE ORDER 14. EXECUTIVE SESSION Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 15. ADJOURNMENT ADA Requirements In compliance with the American with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (360) 876-4407. Notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting. REMINDER: Please silence all electronic devices while City Council is in session. To subscribe to our general news & public notices click the link: http://portorchardwa.gov/subscribe For current City Council member and contact information, please visit https://portorchardwa.gov/departments/city- council/. For Committee Membership please visit https://portorchardwa.gov/city-council-advisory-committees/. November 26, 2024 Meeting Agenda 3 0�4 City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda: Resolution Approving Interlocal Agreement with Kitsap County for RAVE Emergency Notification System (Ryan) Meeting Date: November 26, 2024 Prepared By: Heidi Draper, PW Procurement Specialist Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director Summary and Background: Kitsap County Department of Emergency Management ("KCDEM") is the local emergency management organization. KCDEM has contracted with Rave Wireless, Inc for an Emergency Notification and Alerting System ("Alert System"). The Alert System is a robust mass notification system used to send messages via multiple channels (SMS test messages, emails, social media, desktop alerts and telephone calls) to targeted groups (in this case, City Staff) when group notifications are required in the event of, or anticipation of, an emergency. Access to use of the Alert System will enable the City to rapidly mobilize its leadership and response teams to more effectively respond to emergencies and assist the County in activating and providing emergency response to save lives, reduce property damage, and/or protect the environment. There is no compensation required for access and use of the Alert System as allowed by this Agreement. It would be beneficial to the City, and the public health, safety, and welfare to utilize the features of the Alert System, and the County has conditioned such access on the execution of the ILA. Relationship to Comprenhensive Plan: N/A Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the Mayor to execute an Interlocal Agreement with Kitsap County for use of the County's RAVE Emergency Notification and Alerting System. Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute an Interlocal Agreement with Kitsap County for use of the RAVE Emergency Notification and Alerting System in a form approved by the City Attorney. Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: 4 There is no fee for the use of this system under this Agreement. Alternatives: Do not approve and provide further guidance. Attachments: KC 464-24 Port Orchard ILA Rave User Agreement 8.13.2024 (002)(10953416.1).pdf RESOLUTION-Interlocal_Agmt_KC_RAVE_Use_Agmt_10954472.1.doc 4i KC 464-24 INTERLOCAL COOPERATIVE RAVE EMERGENCY NOTIFICATION AND ALERTING SYSTEM USER AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF PORT ORCHARD This Interlocal Cooperative Rave Emergency Notification and Alerting System User Agreement ("Agreement") is entered into between Kitsap County, through the Department of Emergency Management, a Washington state political subdivision ("County") and the City of Port Orchard, a Washington state municipal corporation ("Agency"). RECITALS WHEREAS, the County established the Kitsap County Department of Emergency Management ("KCDEM") as the local emergency management organization to provide emergency management services and programs to the residents of and on behalf of the County and cities within the County. WHEREAS, the Interlocal Cooperation Act, chapter 39.34 RCW, allows public agencies to enter into cooperative agreements to provide services more efficiently within theirjurisdictions. WHEREAS, as a result of County's solicitation No. 2020-144, the County executed contract KC-685-21 with Rave Wireless, Inc for an Emergency Notification and Alerting System ("Alert System") which is managed by the Department of Emergency Management ("KCDEM"). WHEREAS, the Alert System is a robust mass notification system used to send messages via multiple channels (SMS test messages, emails, social media, desktop alerts and telephone calls) to targeted groups when group notifications are required in the event of, or anticipation of, an emergency. WHEREAS, KCDEM would like to make the Alert System available to other government agencies and KCDEM volunteer organizations for internal notification purposes in the event of, or anticipation of, an emergency subject to a User Agreement and the Agency's commitment to encourage employees to register for Kitsap County emergency public notification. WHEREAS, providing our agency partners access to use of the Alert System will enable the agencies to rapidly mobilize their leadership and response teams to more effectively respond to emergencies and assist the County in activating and providing emergency response to save lives, reduce property damage, and/or protect the environment. WHEREAS, authorizing the Agency to use the Alert System and expanding the Alert System's registered users effectively increases the County's ability to amplify life safety messaging and the County's efficiency in an emergency by expanding the efficiency of the Alert System. WHEREAS, it is beneficial to the County, the Agency, and the public health, safety, and KC 464-24 Port Orchard ILA Rave User Agreement 8.13.2024 10953416.1 - 366922 - 0001 welfare to permit the Agency to utilize the features of the Alert System subject to the terms and conditions of this Agreement. AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and other good and valuable consideration, the receipt and sufficiency hereby acknowledged, the parties agree as follows: 1. DEFINITIONS A. Access means the use of the Alert System provided to the Agency subject to the terms and conditions of this Agreement. B. Agency Emergency Manager means the person designated by the Agency to function as the Agency Emergency Manager and administrator of this Agreement for purposes of section 4. C. Authorized Use means the functions and capabilities an assigned User is authorized to perform as designated by the System Administrator. D. Data means the names, addresses, phone numbers and other relevant information needed to provide Emergency Notifications to Agency employees or volunteers. E. Emergency means in the event, or anticipation, of an event or set of circumstances which (a) demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences; or (b) reaches such a dimension or degree of destructiveness as to warrant a local emergency proclamation or the governor to proclaim a state of emergency pursuant to RCW 43.06.010 or the County; or (c) in the event of critical staffing needs. F. KCDEM Director means the Kitsap County Department of Emergency Management Director or designee. G. Notifications means the messages via SMS text messages, emails, social media, desktop alerts and telephone calls using the Alert System to targeted groups in Emergencies. H. Software means the Alert System software provided pursuant to the KC-685-21 Rave Wireless, Emergency Notification and Alerting System System Administrator means the Kitsap County employee(s) designated by the KCDEM Director to manage the Alert System. J. User means the person(s) designated by the Agency to have Authorized Use of the KC 464-24 Port Orchard ILA Rave User Agreement 8.13.2024 10953416.1 - 366922 - 0001 2 7 Alert System, based on the Access provided and in compliance with the restrictions for the Authorized Use. 2. PURPOSE. The purpose of this Agreement is to provide for the joint and cooperative undertaking of the parties to make the Alert System available to the Agency for simultaneous communications, identify those persons responsible for administering the Alert System and define the responsibilities of the parties as contemplated in RCW 39.34.030. 3. NO ORGANIZATION. No separate legal or administrative entity is created by this Agreement nor do the parties intend to create through this Agreement a separate legal or administrative entity subject to suit. 4. ADMINISTRATOR. The KCDEM Director and Agency Emergency Manager or their respective designees will administer this Agreement for each party and meet as needed to discuss performance issues. Neither party is intending to assume responsibility or liability for the actions, or failures to act, of the other party and/or their respective employees. An administrator may be changed by providing written notice to the other party. 5. EFFECTIVE DATE. This Agreement will be effective when last executed by both parties and will remain in effect until terminated by either party. 6. FILING. Prior to its entry into force, this Agreement shall be filed with the Kitsap County Auditor's Office or, alternatively, listed by subject on the web site or other electronically retrievable public source in compliance with RCW 39.34.040. 7. COMPENSATION. The County is not requesting compensation from the Agency for Access and Use of the Alert System as there is no additional cost to the County for the same at this time. Should this change, the Agency has the option to terminate this Agreement and use of the Alert System or may choose to continue use of the Alert System and be assessed and pay the actual costs to the County for such Access and Use as provided in RCW 43.09.210. The Agency will pay all compensation due within 30 days of the invoice date. 8. TERMINATION. Either party may terminate this Agreement upon 10-days prior written notice to the other. 9. ALERT SYSTEM, GRANT OF USE A. The Alert System is a robust mass notification system used to send messages via multiple channels (e.g. SMS test messages, emails, social media, desktop alerts and telephone calls) to targeted groups when group notifications are required for emergencies and other non -emergency purposes ("Notifications"). B. The County grants the Agency the right to have Access and Authorized Use of the Alert KC 464-24 Port Orchard ILA Rave User Agreement 8.13.2024 10953416.1 - 366922 - 0001 3 System for emergency Notification purposes subject to the terms and conditions of this Agreement based on the needs of the Agency and availability of County resources. C. The County shall have access to all Agency data for purposes of emergency Notifications. D. KCDEM agrees to function as a backup for the Agency for purposes of sending Agency's internal Notifications in the event of an emergency. 10.AGENCY RESPONSIBILITIES A. Agency shall only use the Alert System in compliance with its intended purpose and all applicable laws, regulations, ordinances, and this Agreement. B. Agency is responsible for entering and maintaining as current the Agency Data in the Alert System. C. Agency shall promote Alert System registration [kcowa.us/alertl with its employees and volunteers during its annual benefit fairs and employee orientations. D. Agency agrees to designate a minimum of two Users who, after completing the training provided by the County, will be provided Access to the Alert System to send messages in compliance with the instructions provided by the County and consistent with the Agency's protocols. The User may have up to two additional designees, who must also successfully complete the County training prior to Use and comply with the requirements of this section. The Agency shall promptly provide notice when there is a change in a designated User. E. Agency shall not deliver to the Alert System any content or material for transmission or dissemination that is any of the following: 1. harassing, defamatory, threatening, obscene, or otherwise objectionable, including material that is false or misleading, or 2. violates the rights of any person or company protected by copyright, trademark, trade secret, patent or other intellectual property, privacy or other laws or regulations; or 3. use the Services or Rave's systems to transmit or disseminate unsolicited material, including without limitation "junk mail" or "unsolicited bulk e-mail", or other advertising material to persons or entities that have not specifically agreed to receive such material by either opting in or not opting out; or 4. send messages to individuals who have opted out of receiving messages from Agency. F. Agency and its Users will not modify through computer programming, or other techniques, the functions, capabilities, or operations of the Software. Further, the Agency and its Users will not allow or authorize, directly or indirectly, any person or entity to: KC 464-24 Port Orchard ILA Rave User Agreement 8.13.2024 4 10953416.1 - 366922 - 0001 9 1. decompile, disassemble, or otherwise reverse engineer any of the Software or use any similar means to discover the source code or trade secrets contained therein. 2. modify, translate or create derivate works of the Software or documentation or merge all or any part of the Software with another program, give away, rent, lease, lend, sell, sublicense, distribute, transfer, assign, or use the Software for timesharing or bureau use or to publish or host the Software for use by any third party; 3. take any actions that would cause the Software to become subject to any opensource license or quasi-opensource license agreement; 4. use the Software in any manner for purposes of: (i) developing, using, or providing a competing software product or service; (ii) copying any ideas, features, functionality, or graphics of the Software; or 5. export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder. 6. use the Services or Rave systems to introduce malicious programs into the Products, Rave's systems, or the Third -Party Service Providers' networks or servers, including viruses, worms, Trojan horses, e-mail bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information, including executing any form of network monitoring that will intercept or extract data. G. Agency agrees to promptly report to the System Administrator all Alert System security - related incidents, breach, or other incident relating to Software integrity. The County reserves the right to suspend access to the Alert System in the event of a security breach or violation of this Agreement. In the event of a security breach, the parties responsible for such breach will comply, at their sole expense, with all applicable requirements identified in RCW 42.56.590 or RCW 19.255.010, or other applicable law, rule, or regulation. 11. NO WARRANTIES. THE COUNTY MAKES NO WARRANTIES REGARDING THE ALERT SYSTEM, SOFTWARE, INTERFACES, INTERNET CONNECTIONS, DOCUMENTATION, OTHER MATERIALS, PRODUCTS AND SERVICES PROVIDED BY THE COUNTY, ALL OF WHICH ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS AND TO THE MAXIMUM EXTENT PERMITTED LAW WITH NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, THE SYSTEM, SERVICES OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABLE QUALITY, DURABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR LOSS OF DATA. 12. SOFTWARE OWNERSHIP. The parties acknowledge and agree that the County does not have ownership of the Software and therefore does not control changes, updates, upgrades, interruptions, or any other Software issues. KC 464-24 Port Orchard ILA Rave User Agreement 8.13.2024 10953416.1 - 366922 - 0001 10 13. GOVERNING LAW; VENUE. The Agreement will be governed in all respects by the laws of the State of Washington, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington or as provided by RCW 36.01.050. 14. NOTICE. All notices will be delivered in writing to the KCDEM Director or Agency Emergency Manager. Notice mailed by regular post (including first class) will be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices sent by certified or registered mail will be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service will be conclusive evidence of the date of mailing. 15. PROPERTY. The parties do not anticipate the acquisition of property for the performance of this Agreement and any property acquired by a party during this Agreement will be held by and remain the property of the acquiring party. 16.INSURANCE. Both parties will maintain during the term of this Agreement adequate general liability insurance to protect against losses and risks arising out of or related to the access and use of the Alert System under this Agreement in such amounts as are prudent and customary for the jurisdiction. 17.INDEMNIFICATION. To the extent of its comparative liability, each party agrees to indemnify, defend, and hold harmless the other party, and the other party's elected and appointed officials, employees, agents, and volunteers (and their marital communities) from and against any and all claims, damages, losses, and expenses, including but not limited to court costs, attorneys fees, and alternative dispute resolution costs, for violation of any law applicable to a party, any personal injury, or any bodily injury, sick disease, or death, and for any damage to or destruction of any property (including the loss of uses therefrom) which are alleged or proven to be caused by an act or omission, negligent or otherwise, of the party, its elected and appointed officials, employees, agents, or volunteers (and their marital communities). A party reserves the right, but will have no obligation, to participate in the defense of any claim, damages, losses or expenses and such participation will not constitute a waiver of the party's indemnity obligations under this Agreement. 18. NONDISCRIMINATION. No party will discriminate against any person on the basis of race, color, creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status, disability, or other circumstance prohibited by federal, state, or local law, and will comply with Title VI of the Civil Rights Act of 1964, P.L. 88-354 and Americans with Disabilities Act of 1990 in the performance of this Agreement. 19. COMPLIANCE WITH LAWS. The parties shall comply with all applicable federal, state, and local laws, rules and regulations when accessing and using the Alert System. KC 464-24 Port Orchard ILA Rave User Agreement 8.13.2024 10953416.1 - 366922 - 0001 M 11 20. INDEPENDENT CAPACITY. The employees and agents of each party who are engaged in the performance of this Agreement shall continue to be the employees or agents of that party and shall not be considered, for any purpose, to be employees or agents of the other party to this Agreement. Neither party shall have the authority to bind the other nor control the employees, agents or contractors of the other party to this Agreement. All rights, duties and obligations of a party shall remain with that party. Each party shall be solely and exclusively responsible for the compensation, benefits, training expenses, equipment, costs, and all other costs, benefits, and expenses for its employees. Each party will be responsible for ensuring compliance with all applicable laws, collective bargaining agreements, and civil service rules and regulations regarding its own employees. 21. PUBLIC RECORDS ACT. Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, chapter 42.56 RCW (as may be amended), each party agrees to maintain all records constituting public records and to produce or assist the other party in producing such records, within the time frames and parameters set forth in state law. 22. SEVERABILITY. The provisions of this Agreement are severable. Any term or condition of this Agreement or application thereof deemed to be illegal, invalid or unenforceable, in whole or in part, will not affect any other terms or conditions of the Agreement and the parties' rights and obligations will be construed and enforced as if the Agreement did not contain the particular provision. 23. IMPLIED CONTRACT TERMS. Each provision of law and any terms required by law to be in the Agreement are made a part of the Agreement as if fully stated in it. 24. HEADINGS. Headings of this Agreement are for convenience only and will not affect the interpretation of this Agreement. 25.AMENDMENTS. This Agreement may be changed, modified, or amended, only by written agreement executed by the parties hereto. 26. NO THIRD -PARTY RIGHTS. This Agreement is intended to be solely between the parties. No part of this Agreement will be construed to add, supplement, or amend existing rights, benefits, or privileges of any third party, including without limitation, prisoner(s), or employees of either party. 27.ASSIGNMENT. The rights or obligations under this Agreement, and any claims arising thereunder, are not assignable or delegable by the Agency. 28. NO WAIVER. A failure by any party to exercise its rights under this Agreement will not preclude that party from subsequent exercise of such rights and will not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party. KC 464-24 Port Orchard ILA Rave User Agreement 8.13.2024 10953416.1 - 366922 - 0001 7 29. SURVIVAL. Those provisions of the Agreement that by their sense and purpose should survive expiration or termination of the Agreement will so survive. Those provisions include, without limitation, the respective responsibilities of each party, compensation, and indemnification. 30. ENTIRE AGREEMENT. The parties acknowledge the Agreement is the product of negotiation between the parties and represents the entire agreement of the parties with respect to its subject matter. All previous agreements and representations, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by the Agreement. 31. COUNTERPARTS, ELECTRONIC SIGNATURE. The Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same agreement. A facsimile, email, or other electronically delivered signatures of the parties will be deemed to constitute original signatures and deemed to constitute duplicate originals. 32.AUTHORIZATION. Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. Dated this day of , 2024 CITY OF PORT ORCHARD ROBERT PUTAANSUU, Mayor KC 464-24 Port Orchard ILA Rave User Agreement 8.13.2024 10953416.1 - 366922 - 0001 day of KITSAP COUNTY JAN GLARUM, Director Department of Emergency Management 9 13 DATED or ADOPTED this day of , 2024. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON KATHERINE T. WALTERS, Chair CHRISTINE ROLFES, Commissioner CHARLOTTE GARRIDO, Commissioner ATTEST: Dana Daniels, Clerk of the Board KC 464-24 Port Orchard ILA Rave User Agreement 8.13.2024 10953416.1 - 366922 - 0001 14 KC 464-24 Port Orchard ILA Rave User Agreement 8.13.2024 10953416.1 - 366922 - 0001 10 15 RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF PORT ORCHARD FOR ACCESS AND USE OF THE RAVE EMERGENCY NOTIFICATION AND ALERTING SYSTEM. WHEREAS, Kitsap County Department of Emergency Management ("KCDEM") is the local emergency management organization, and KCDEM has contracted with Rave Wireless, Inc. for an Emergency Notification and Alerting System ("Alert System"); and WHEREAS, the Alert System is a robust mass notification system used to send messages via multiple channels (SMS test messages, emails, social media, desktop alerts and telephone calls) to targeted groups (in this case, City Staff) when group notifications are required in the event of, or anticipation of, an emergency; and WHEREAS, access to use the Alert System will enable the City to rapidly mobilize its leadership and response teams to more effectively respond to emergencies and assist the County in activating and providing emergency response to save lives, reduce property damage, and/or protect the environment; and WHEREAS, it is beneficial to the City, and the public health, safety, and welfare to utilize the features of the Alert System subject to the terms and conditions of this Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City and its residents to enter into the attached Agreement with Kitsap County; 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 authorizes the Mayor to execute the Interlocal Agreement with Kitsap County, attached hereto as Exhibit A and incorporated herein by this reference, and in a form approved by the City Attorney. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. HEV Resolution No. Page 2 of 2 THAT: Pursuant to RCW 39.34.040, once this Agreement has been executed by both Port Orchard and Kitsap County, the City Clerk is directed to post a copy of this Agreement on the City's website as required by law. 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 26t" day of November 2024. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk 10954472.1 - 366922 - 0001 `rl 0�4 City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda: Adoption of a Resolution Approving MOUs with Teamsters Local 589 Regarding Bereavement Leave (Lund) Meeting Date: November 26, 2024 Prepared By: Debbie Lund, Human Resources Director, CEBS SPHR SHRM-SCP Presenter: Debbie Lund, CEBS SPHR SHRM-SCP, HR Director Summary and Background: The City recently amended the personnel policies to include sons and daughters in law, aunts, uncles, nieces and nephews to the list of family members to which bereavement leave applies. In addition, all terms related to gender were modified to gender neutral terms. Those changes were made under council authority provided to the Mayor to amend policy. In the spirit of good labor relations, the revised language was also presented to the union groups. All three groups represented by Teamsters Local 589 have agreed to the revised language. The Patrol and Sergeants contracts are currently under negotiation where this proposal will be considered. The Memorandums of Understanding (MOUs) under consideration tonight are a confidential draft until approved by Council and signed by the parties. Accordingly, they are available to the City Council but not the general public. Relationship to Comprenhensive Plan: n/a Recommendation: Staff recommends adoption of a Resolution authorizing the Mayor to sign MOUs with Teamsters representing Police Support Staff, Public Works Employees and Municipal Court Employees amending their respective collective bargaining agreements related to bereavement leave to mirror the language in the recently updated Personnel Policies. Motion for Consideration: I move to authorize the Mayor to sign MOUs with Teamsters representing Police Support Staff, Public Works Employees and Municipal Court Employees amending their respective collective bargaining agreements related to bereavement leave. Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: No direct fiscal impact. Potential overtime implications for the time off. 18 Alternatives: Not approve this request and provide alternative guidance. Attachments: Resolution Teamsters MOUs re Bereavement.docx 19 RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING MEMORANDUMS OF UNDERSTANDING WITH TEAMSTERS LOCAL 589 REPRESENTING POLICE SUPPORT STAFF, PUBLIC WORKS EMPLOYEES AND MUNICIPAL COURT EMPLOYEES REGARDING BEREAVEMENT LEAVE. WHEREAS, the City continues to evaluate and, where appropriate, modify the City's personnel policies; and WHEREAS, through the authority granted by Resolution 007-11, the Mayor can modify existing personnel policies; and WHEREAS, in September 2024 the Mayor approved a change to the City's personnel policy regarding bereavement leave to include sons and daughters in law, aunts, uncles, nieces and nephews in the list of family members to which bereavement leave was applicable, changing all descriptors to gender neutral terms and removing a requirement for a paper authorization form; and WHEREAS, in the spirit of good labor relations, the expanded list of family members was proposed to the three bargaining groups represented by Teamsters Local 589; and WHEREAS, the three bargaining groups represented by Teamsters Local 589 have approved the proposed changes to their respective bereavement leave provisions of their collective bargaining agreements; 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 is authorized to sign the Memorandum of Understanding (MOU) with the Teamsters Local 589 representing Police Support Staff amending Article 14 of the 2022-2025 collective bargaining agreement with the City substantially in the form attached hereto as Exhibit 1. THAT: The Mayor is authorized to sign the Memorandum of Understanding (MOU) with the Teamsters Local 589 representing Public Works Employees amending Article 14 of the 2022-2025 collective bargaining agreement with the City substantially in the form attached hereto as Exhibit 2. THAT: The Mayor is authorized to sign the Memorandum of Understanding (MOU) with the Teamsters Local 589 representing Municipal Court Employees amending Article 14 of 20 Resolution No. 0**-24 Page 2 of 2 the 2022-2025 collective bargaining agreement with the City substantially in the form attached hereto as Exhibit 3. 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 _ day of November 2024. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk 21 0�4 City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda: Memorandum of Understanding Amending the Collective Bargaining Agreement with the Teamsters representing Police Support Staff regarding a change in job title (Lund) Meeting Date: November 26, 2024 Prepared By: Debbie Lund, Human Resources Director, CEBS SPHR SHRM-SCP Presenter: Debbie Lund, CEBS SPHR SHRM-SCP, Human Resources Director Summary and Background: City staff and representatives of the Police Support Staff bargaining unit met and discussed a change to the job title for the position of Police Records Evidence Specialist. Both parties agree that the job title is not reflective of the broad range of work completed by the position and is potentially misleading to prospective candidates when recruiting for the position. A job title of Police Services Specialist is proposed. This title is consistent with the current title for the Lead worker position of Police Services Coordinator. This title is reflected in the amendment to the personnel listings for the 2023-2024 budget and 2025- 2026 budget also being presented tonight. The Agreement under consideration tonight is a confidential draft until approved by Council and signed by the parties. Accordingly, it is sent to Council by the City Attorney. Relationship to Comprenhensive Plan: n/a Recommendation: Staff recommends the City Council authorize the Mayor to sign an MOU with the Teamsters representing the Police Support Staff regarding a title change for the position of Police Records Evidence Specialist to Police Services Specialist. Motion for Consideration: I move to authorize the Mayor to sign an MOU with the Teamsters representing the Police Support Staff changing the job title of Police Records Evidence Specialist to Police Services Specialist. Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: None. Title change only. fi" Alternatives: Do not approve and provide alternative guidance. Attachments: 23 DqM City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 �. (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda: Appointment of Councilmember Jay Rosapepe to Serve on the Kitsap Transit Board as an At -large Member (Wallace) Meeting Date: November 26, 2024 Prepared By: Jenine Floyd, Deputy City Clerk Presenter: Brandy Wallace, MMC, CPRO, City Clerk Summary and Background: Kitsap Transit Board by-laws state their 10-member Board is comprised of nine elected officials and a non -voting member, including an at -large member from among the elected officials of the three smaller cities, Bainbridge Island, Port Orchard, and Poulsbo. The Mayor or a member of the Council, chosen by the Council for Port Orchard, can serve on this Board. During the December 18, 2018, City Council meeting, Council appointed Councilmember Rosapepe to serve as the at -large member where he served for 2 years. Relationship to Comprenhensive Plan: None Recommendation: Staff recommends adoption of a resolution, appointing Councilmember Rosapepe to serve as the at -large member on the Kitsap Transit Board starting January 1, 2025. Motion for Consideration: I move to adopt a resolution, appointing Councilmember Rosapepe to serve as the at -large member on the Kitsap Transit Board starting January 1, 2025. Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: None. Alternatives: Do not adopt the resolution. Attachments: Establish ing_Council_Committee_Kitsap_Transit_DRAFT. doc 24 RESOLUTION NO. **-24 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, CONFIRMING NA APPOINTMENT TO THE KITSAP TRANSIT BOARD. WHEREAS, Kitsap Transit Board by-laws also state an at -large member from among the elected officials of the three smaller cities, Bainbridge Island, Port Orchard and Poulsbo can serve on this Board; and WHEREAS, Mayor Putaansuu recommends appointment of Councilmember Rosapepe to serve as the at -large member starting January 1, 2025, now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: THAT: Councilmember Rosapepe is appointed to the Kitsap Transit Board as an at -large member starting January 1, 2025. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 261" day of November 2024. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk 25 DqMORCHARP Meeting Location: Council Chambers 216 Prospect street Port Orchard, WA 98366 City Council Minutes Contact us: Phone (360) 876-4407 cityhall@portorchardwa.gov www.portorchardwa.gov Work Study Session of Tuesday, October 15, 2024 Roll Call was taken by the City Clerk as follows: Present: John Morrissey, Councilmember, Position At -Large Heidi Fenton, Councilmember, Position No. 5 Robert Putaansuu, Mayor Eric Worden, Councilmember, Position No. 4 Fred Chang, Mayor Pro-Tempore, Position No. 6 Scott Diener, Councilmember, Position No. 3 Jay Rosapepe, Councilmember, Position No. 2 Mark Trenary, Councilmember, Position No. 1 Absent: None Staff present: Finance Director Crocker, DCD Director Bond, Public Works Director Ryan, Chief of Police Brown, HR Manger Lund, and City Clerk Wallace. Staff present via Zoom: City Attorney Archer, and Deputy City Clerk Floyd. The meeting live streamed to YouTube and audio/visual was successful. 1. CALL TO ORDER Mayor Putaansuu called the meeting to order at 6:30 p.m. A. Pledge of Allegiance Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. BUSINESS ITEM A. Adoption of a Resolution Pertaining to the Kroger Merger City Attorney Archer provided background on the Kroger/Albertsons merger and explained a number of cities are working on this. Albertsons owns the majority of grocery stores in Washington and Kroger is a close second. The merger will result in all the stores coming under 26 Minutes of October 15, 2024, Page 2 of 3 the Kroger name. In order to appease federal regulators, part of the deal is for Kroger and Albertsons to sell off a number of stores. The stores are currently proposed for sale to CS Wholesale Grocers, also known as Piggly Wiggly, an entity out of New Hampshire, and this would be the first time they have a presence in the Northwest. The proposed resolution is to show the Council's opposition to the Kroger merger. This merger has triggered a few litigations from Oregon and Washington. One of the arguments is the merger violates our Consumer Protection Act. In 2015, a similar merger failed when Albertsons merged with Safeway. Additional discussion was held regarding concerns over the merger, union representation of the employees of the stores, the Council's role to support, or not support the merger, amicus brief, and closure of stores in Port Orchard and the effects on local communities. Moved by Jay Rosapepe; seconded by Scott Diener to adopt a resolution Opposing the Kroger - Albertsons Merger. Motion Failed: 3- 4 Voting For: Fred Chang, Jay Rosapepe, Scott Diener Voting Against: Mark Trenary, Eric Worden, Heidi Fenton, John Morrissey 3. DISCUSSION ITEMS A. Revenue Sources and Property Tax Levy for 2025 Mayor Putaansuu and Finance Director Crocker spoke about the biennial budget timeline and process. Finance Director Crocker provided a presentation '2025 Revenue Sources' which included requirement of RCW 84.55.120, General Fund 2025-2026 Biennial Budget -Tax Revenue, General Fund 2025-2026 Biennial Budgeted Revenue -All Sources, General Fund Biennial Budget vs Prior Biennial Budget Revenue Comparison, Property Tax History, Property Tax Collection History, Property Tax Comparison 2024 to 2025, Retail Sales & Use Tax Revenue, Sales Tax Collection, Sales Tax Revenue Received by Month, and Sales Tax Collection 2022 to 2024. B. 2025-2026 Biennial Budget Mayor Putaansuu spoke to the Mayor's budget which included the Operating Budget, Department Highlights, Transportation Maintenance and Operations, Capital Budget, Equipment Rental and Revolving Fund, Mayor Budget Adjustments (New Department Requests), and Mid - Biennial Review and Personnel Requests. The discussion also included contracts, personnel, elections, infrastructure, derelict vessels, community center, prisoner care, maintenance, and equipment and vehicles. 4A Minutes of October 15, 2024, Page 3 of 3 Additional discussion was held regarding the City's income statement, fund balances, department and expenses preliminary budget, and the City's involvement during the Farmer's Market. Finance Director Crocker on behalf of the Finance/IT department, City Clerk Wallace on behalf of the City Clerk's office, HR Manager Lund on behalf of Human Resources, DCD Director on behalf of Community Development, Chief of Police Brown on behalf of the Police Department, and Public Works Director Ryan on behalf of Public Works provided their departments 2025- 2026 biennial budget and roles and responsibilities. Council briefly discussed extending the meeting and Councilmember Rosapepe suggested an additional 30-minutes. Moved by John Morrissey; seconded by Eric Worden to extend the meeting for an additional 10-minutes. Motion Carried: 6- 1 Voting For: Fred Chang, Mark Trenary, Eric Worden, Scott Diener, Heidi Fenton, John Morrissey Voting Against: Jay Rosapepe A brief discussion was held regarding the overall budget and Council's expectations. 4. GOOD OF THE ORDER Not held. 5. ADJOURNMENT The meeting adjourned at 9:40 p.m. No other action was taken. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor 28 0�4 City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Public Hearing: Salmonberry Apartments Development Agreement for Traffic Impact Fees - Public Hearing (Bond) Meeting Date: November 26, 2024 Prepared By: James Fisk, AICP, CNU-A, Senior Planner Presenter: Nick Bond, AICP, Community Development Director Summary and Background: The City has negotiated a development agreement for traffic impact fee credits with Family Legacy Development, LLC. This agreement, if approved, would provide traffic impact fee credits to the developer of a 24-unit multifamily development located east of the intersection of Bethel Rd SE and SE Salmonberry Rd (Salmonberry Apartments) in exchange for the dedication of right-of-way for a parallel roadway to Bethel consistent with the adopted Bethel Sedgwick Corridor Plan. The Salmonberry Apartments development consists of 24 multifamily units in two buildings with associated off-street parking and amenities. The Development Agreement applies to the property as described in Exhibit A and identified in Exhibit B. The developer shall dedicate the portion of the property identified in Exhibit C, but the final alignment of the dedication will be determined following the completion of the final design for the roadway project. The City and Family Legacy Development, LLC have agreed to an estimated maximum traffic impact fee credit of $64,035.12 which will require payment at the time of building permit issuance. Family Legacy Development, LLC will be required to pay all other related impact fees including park and school impact fees. POMC 20.26 (Development Agreements) outlines the process for development agreement approval. In this case, the application for the development agreement was filed by Family Legacy Development, LLC on July 9, 2024. The City determined the application to be complete on August 14, 2024. The City of Port Orchard's SEPA Responsible Official issued a Mitigated Determination of Nonsignificance for the associated development on January 6, 2023, and the City advertised the November 12, 2024 Public Hearing on November 08, 2024 consistent with the requirements of Port Orchard Municipal Code 29 20.26.050. The Department of Community Development has not received any comments in response to the Notice of Hearing. The associated materials for this Development Agreement can be found in the Salmonberry Apartments Development Agreement in the Business Items Section of this City Council Packet. Associated materials include the adopting Ordinance, and Development Agreement with Exhibits. Relationship to Comprenhensive Plan: The Development Agreement includes Project 2.04A on the City impact fee schedule which is identified in the Bethel Sedgwick Corridor Plan as incorporated into the Transportation Element of the Comprehensive Plan. Recommendation: Staff recommends that the City Council hold a public hearing regarding a Development Agreement between the City of Port Orchard and Family Legacy Development, LLC as presented. Motion for Consideration: N/A Has item been presented to Committee/Work Study? If so, which one: Land Use Committee Fiscal Impact: The proposed agreement will result in the developer dedicating property necessary for the construction of Bethel Road SE as described in the Bethel Sedgwick Corridor Plan saving the city money for property acquisition. Alternatives: Do not approve the Development Agreement; request changes to the Development Agreement. Attachments: 30 0�4 City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Adoption of an Ordinance for the Salmonberry Apartments Development Agreement for Traffic Impact Fee Credits (Bond) Meeting Date: November 26, 2024 Prepared By: James Fisk, AICP, CNU-A, Senior Planner Presenter: Nick Bond, AICP, Community Development Director Summary and Background: The City has negotiated a development agreement for traffic impact fee credits with Family Legacy Development, LLC. This agreement, if approved, would provide traffic impact fee credits to the developer of a 24-unit multifamily development located east of the intersection of Bethel Rd SE and SE Salmonberry Rd (Salmonberry Apartments) in exchange for the dedication of right-of-way for a parallel roadway to Bethel consistent with the adopted Bethel Sedgwick Corridor Plan. The Salmonberry Apartments development consists of 24 multifamily units in two buildings with associated off-street parking and amenities. The Development Agreement applies to the property as described in Exhibit A and identified in Exhibit B. The developer shall dedicate the portion of the property identified in Exhibit C, but the final alignment of the dedication will be determined following the completion of the final design for the roadway project. The City and Family Legacy Development, LLC have agreed to an estimated maximum traffic impact fee credit of $64,035.12 which will require payment at the time of building permit issuance. Family Legacy Development, LLC will be required to pay all other related impact fees including park and school impact fees. POMC 20.26 (Development Agreements) outlines the process for development agreement approval. In this case, the application for the development agreement was filed by Family Legacy Development, LLC on July 9, 2024. The City determined the application to be complete on August 14, 2024. The City of Port Orchard's SEPA Responsible Official issued a Mitigated Determination of Nonsignificance for the associated development on January 6, 2023, and the City advertised the November 12, 2024 Public Hearing on November 08, 2024 consistent with the requirements of Port Orchard Municipal Code 31 20.26.050. The Department of Community Development has not received any comments in response to the Notice of Hearing. Relationship to Comprenhensive Plan: The Development Agreement includes Project 2.04A on the City impact fee schedule which is identified in the Bethel Sedgwick Corridor Plan as incorporated into the Transportation Element of the Comprehensive Plan. Recommendation: Staff recommends that the City Council adopt an ordinance authorizing the mayor to execute a development agreement with Family Legacy Development, LLC as presented. Motion for Consideration: "I move to adopt an ordinance authorizing the mayor to execute a development agreement with Family Legacy Development, LLC as presented." Has item been presented to Committee/Work Study? If so, which one: Land Use Committee Fiscal Impact: The proposed agreement will result in the developer dedicating property necessary for the construction of Bethel Road SE as described in the Bethel Sedgwick Corridor Plan saving the City money for property acquisition. Alternatives: Do not approve the Development Agreement; request changes to the Development Agreement. Attachments: 01 - ORD -Salmonberry Apartments Development Agreement(10932517.1).pdf 02 - Development Agreement - Salmonberry Frontage Improvements 10-15-2024 Clean(10938640.1).pdf 03 - EX A 20-079 37.0 foot ROW dedication Legal.pdf 04 - Ex B Salmonberry Site _17-ft Dedication_24.10.29.pdf 05 - EX C 20-079 37.0 foot ROW dedication.pdf 06 - Ex D - Statutory Warranty Deed ROW Dedication(10938652.1).pdf 32 ORDINANCE NO. -24 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH FAMILY LEGACY DEVELOPMENT, LLC FOR THE SALMONBERRY APARTMENTS DEVELOPMENT; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to RCW 36.706.170, the City Council has the authority to review and enter into development agreements that govern the development and use of real property within the City; and WHEREAS, the City Council has adopted standards and procedures governing the City's use of development agreements, codified at Chapter 20.26 of the Port Orchard Municipal Code (POMQ and WHEREAS, Chapter 20.26 POMC is consistent with State law; and WHEREAS, Family Legacy Development, LLC applied for a Development Agreement under Chapter 20.26 POMC on July 11, 2024 and such Agreement has been processed consistently with the POMC and State law; and WHEREAS, the Development Agreement by and between the City of Port Orchard and Family Legacy Development, LLC relates primarily to the development of the property addressed as 1695 SE Salmonberry Road, Port Orchard (Kitsap County Tax Parcels #012301-2-078-2000); and WHEREAS, Family Legacy Development, LLC proposes to develop the Property with a multi -family development consisting of 24 multifamily units within two buildings, associated parking, landscaping, outdoor amenity areas, and site improvements (collectively, the "Development Project" or City Permit No. PW22-024); and WHEREAS, the City reviewed of the Development Project pursuant to the POMC and has undertaken State Environmental Policy Act ("SEPA") review for the Development Proposal with the issuance of a Determination of Non -significance issued on January 6, 2023 ("DNS"). The DNS for the Development Project was not timely appealed; and WHEREAS, associated with the Development Project, Family Legacy Development, LLC proposes dedicate certain property ("Transportation Improvement Project Property") to the City 1584506.1 - 366922 -0037 10932517.1 - 366922 - 0060 33 Ordinance No. _-24 Page 2 of 4 for the purpose of the City's construction of a portion of a City transportation improvement defined as Project 2.04A on the impact fee study as defined herein as the "Transportation Improvement Project" which property dedication is eligible for a transportation impact fee credit pursuant to RCW 82.02.060(4) and POMC 20.182.080; and WHEREAS, the Transportation Improvement Project Property dedication is necessary for the City's development of the Transportation Improvement Project which will benefit the Development Project and the general public; and WHEREAS, the Agreement governs the dedication of the Transportation Improvement Project Property to the City and the respective transportation impact fee credits that will result from Family Legacy Development, LLC dedicating the Transportation Improvement Project Property; and WHEREAS, except with regard to this Transportation Improvement Project Property dedication and the respective applicable transportation impact fee credit, this Agreement does not establish or modify the standards or conditions for the underlying Development Project which is being undertaken in accordance with applicable code and regulations; and WHEREAS, in consideration of the benefits conferred by this new Agreement, which reflect the current plans of both the City and the Owner and include a transportation impact fee credit calculation, the Parties deem it in their best interests to enter into this Agreement; and WHEREAS, the City Council held a public hearing on November 26, 2024 regarding this Agreement; and WHEREAS, after a public hearing, by Ordinance No. [xxx], the City Council authorized the Mayor to sign this Agreement with the Owner. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council adopts all of the "Whereas" sections of this ordinance and all "Whereas" sections of the Development Agreement as findings in support of this ordinance. 10932517.1 - 366922 - 0060 34 Ordinance No. _-24 Page 3 of 4 SECTION 2. Authorization. The City Council approves of and authorizes the Mayor to execute a Development Agreement with Family Legacy Development, LLC as provided in "Exhibit A" of this Ordinance. SECTION 3. 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 4. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this Ordinance, including but not limited to the correction of scrivener's/clerical errors, references, Ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 5. Effective Date. This Ordinance shall be published in the official newspaper of the city and shall take full force and effect five(5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of publishing the entire Ordinance, as authorized by state law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this day of November, 2024. ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney 10932517.1 - 366922 - 0060 Robert Putaansuu, Mayor Sponsored by: Jay Rosapepe, Council Member 35 Ordinance No. -24 Page 4 of 4 PUBLISHED: EFFECTIVE DATE: EXHIBIT A: DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PORT ORCHARD AND FAMILY LEGACY DEVELOPMENT, LLC FOR THE DEVELOPMENT AND FUNDING OF CERTAIN TRANSPORTATION IMPROVEMENTS WITH EXHIBITS A, B, AND C. 10932517.1 - 366922 - 0060 36 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PORT ORCHARD AND FAMILY LEGACY, LLC FOR THE DEVELOPMENT AND FUNDING OF CERTAIN TRANSPORTATION IMPROVEMENTS THIS DEVELOPMENT AGREEMENT is made and entered into this day of , 2024, by and between the City of Port Orchard, a non -charter, optional code Washington municipal corporation, hereinafter the "City," and Family Legacy Development, LLC, a Washington limited liability company, hereinafter the "Owner" (individually, a "Party" and collectively, the "Parties"). The Parties hereby agree as follows: RECITALS WHEREAS, the Washington State Legislature has authorized the execution of a development agreement between a local government and a person having ownership or control of real property within its jurisdiction (RCW 36.7013.170(1)); and WHEREAS, a development agreement must set forth the development standards and other provisions that shall apply to, govern, and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement (RCW 36.70B.170(1)); and WHEREAS, a development agreement must be consistent with the applicable development regulations adopted by a local government planning under chapter 36.70A RCW (RCW 36.70B.170(1)); and WHEREAS, Port Orchard adopted Chapter 20.26 of the Port Orchard Municipal Code ("POMC" or "Code") which establishes the standards and procedures for Development Agreements in Port Orchard; and WHEREAS, Chapter 20.26 POMC is consistent with State law; and WHEREAS, the Owner has applied for a Development Agreement under Chapter 20.26 POMC on July 11, 2024, and such Agreement has been processed consistently with the POMC and State law; and WHEREAS, this Development Agreement by and between the City of Port Orchard and the Owner (hereinafter the "Development Agreement" or "Agreement"), relates primarily to the development of property owned by Owner at 1695 SE Salmonberry Road, Port Orchard (Kitsap County Tax Parcels #012301-2-078-2000) (hereinafter, the "Property"); and WHEREAS, the Owner proposes to develop the Property with a multi -family development consisting of 24 multifamily units within two buildings, associated parking, landscaping, outdoor amenity areas, and site improvements (collectively, the "Development Project" or City Permit No. PW22-024); and Development Agreement for Funding Transportation Improvements & Right of Way Dedication Salmonberry Apartments 10938640.1 - 366922 - 0060 37 WHEREAS, the City is undertaking review of the Development Project pursuant to the POMC and has undertaken State Environmental Policy Act ("SEPA") review for the Development Proposal with the issuance of a Determination of Non -significance issued on January 6, 2023 ("DNS"). The DNS for the Development Project was not timely appealed; and WHEREAS, associated the Development Project, the Owner proposes dedicate certain property ("Transportation Improvement Project Property") to the City for the purpose of the City's construction of a portion of a City transportation improvement defined as Project 2.04A on the impact fee study as defined herein as the "Transportation Improvement Project" which property dedication is eligible for a transportation impact fee credit pursuant to RCW 82.02.060(5) and POMC 20.182.080; and WHEREAS, the Transportation Improvement Project Property dedication is necessary for the City's development of the Transportation Improvement Project which will benefit the Development Project and the general public; and WHEREAS, this Agreement governs the dedication of the Transportation Improvement Project Property to the City and the respective transportation impact fee credits that will result from the Owner dedicating the Transportation Improvement Project Property; and WHEREAS, except with regard to this Transportation Improvement Project Property dedication and the respective applicable transportation impact fee credit, this Agreement does not establish or modify the standards or conditions for the underlying Development Project which is being undertaken in accordance with applicable code and regulations; and WHEREAS, in consideration of the benefits conferred by this new Agreement, which reflect the current plans of both the City and the Owner and include a transportation impact fee credit calculation, the Parties deem it in their best interests to enter into this Agreement; and WHEREAS, the City Council held a public hearing on November 12, 2024 regarding this Agreement; and WHEREAS, after a public hearing, by Ordinance No. [xxx], the City Council authorized the Mayor to sign this Agreement with the Owner. AGREEMENT Section 1. The Property. The Property is located at 1695 SE Salmonberry Dr., Port Orchard, Washington (Kitsap County Tax Parcel #012301-2-078-2000). The Property is described on Exhibit A which is attached hereto and incorporated herein by this reference as if set forth in full. A map of the Property is shown Exhibit B on which is attached hereto and incorporated herein by this reference as if set forth in full. Section 2. Transportation Improvement Project Property. Pursuant to this Agreement, Owner shall be responsible for the dedication of the Transportation Improvement Project Property to the City as described herein. Development Agreement for Funding Transportation Improvements & Right of Way Dedication Salmonberry Apartments 10938640.1 - 366922 - 0060 38 a) Transportation Improvement Project Property. Owner shall dedicate certain property necessary for the City to construct a portion the Bethel Phase 1 Project located near the intersection of SE Salmonberry Road and Bethel Road SE, Project 2.04A on the City impact fee study (defined herein as the "Transportation Improvement Project Property") as shown in Exhibit C and as set forth in Section 7 of this Agreement. The roadway portion will be constructed by the City or other parties at a future date. The dedication of the Transportation Improvement Project Property shall be eligible for transportation impact fee credits as provided in Section 8 of this Agreement. b) Transportation Impact Fee Credit Applicability. The transportation impact fee credits authorized by this Agreement are only applicable to pending Building Permit applications 22-980 and 22-981for the Property(ies) identified on Exhibit B. Section 3. Definitions. As used in this Agreement, the following terms, phrases, and words shall have the meanings and be interpreted as set forth in this Section. a) "Adopting Ordinance" means the Ordinance which approves this Agreement, as required by RCW 36.7013.200 and Chapter 20.26 POMC. b) "Council" or "City Council" means the duly elected legislative body governing the City of Port Orchard. c) "Development Project" means the development of the Property with approximately 24 units with 2 buildings, associated off-street parking, landscaping, outdoor amenity areas, and associated site improvements, as shown in Exhibit B and approved by the City under Permit PW22-024 and associated with Building Permit Nos. 22-980 and 22-981. d) "Director" means the City's Public Works Director. e) "Effective Date" means the effective date of the Adopting Ordinance. f) "Maximum credit" means the maximum amount of transportation impact fee credits to be provided by the City to the Owner for the Transportation Improvement Project Property dedication pursuant this Agreement. g) "Transportation Improvement Project" means the Transportation Improvement Project described above which serves both the Property and the greater community which will be undertaken by the City at a later date. Section 4. Exhibits. Exhibits to this Agreement are as follows: a) Exhibit A — Legal Description of the Property. b) Exhibit B — Map of the Property and the Development Project and with permits listed in Section 2 identified. c) Exhibit C — Transportation Improvement Project Property showing the location of Development Agreement for Funding Transportation Improvements & Right of Way Dedication Salmonberry Apartments 10938640.1 - 366922 - 0060 39 property to be dedicated by Owner. d) Exhibit D — Right of Way Dedication Deed for Transfer of the Transportation Improvement Project Property Section 5. Parties to Development Agreement. The Parties to this Agreement are: a) The "City" is the City of Port Orchard, whose office is located at 216 Prospect Street, Port Orchard, WA 98366. b) The "Owner" is a private enterprise which owns the Property in fee, and whose principal office is located at 7809 Pacific Avenue, Tacoma WA 98408. Section 6. Term of Agreement; No Vesting to Fees. This Agreement shall commence upon the Effective Date and shall continue in force for a period of five (5) years unless extended or terminated as provided herein. Provided, however, that the Owner shall complete the Property Dedications as set forth in Section 7 below which shall be prior to expiration of this Agreement. The requirement to dedicate the Transportation Improvement Project Property shall survive expiration or termination of this Agreement. This Agreement does not vest the Owner to any fees. Fees shall be charged in accordance with the fee schedule that is in effect at the time that the building permits for the apartment complex are issued and all permit fees have been paid. Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall have no force and effect except for such sections which are specifically intended to survive expiration or termination. Section 7. Property Dedication Schedule. The Owner will dedicate the Transportation Improvement Project Property which is shown on Exhibit C to the City, in the form attached to this Agreement as Exhibit D. Such dedication shall be completed within twelve (12) months of the Effective Date of this Agreement. The Owner agrees that the City may withhold issuance of any Certificate of Occupancy for the Development Project until such time as the dedications have been completed. If this property dedication is not exempt from real estate excise tax, then the City shall pay any real estate excise tax due on this transfer. This section shall survive termination of the Agreement. Section 8. Impact Fee Credits for Transportation Improvement Project Property dedication. a) Transportation Impact Fee Credit. The maximum amount of the transportation impact fee credit for the Transportation Improvement Project Property dedication to be made by Owner under this Agreement shall be limited to the lesser of. the total Transportation Impact Fees due on the Project (currently estimated as $64,035.12), or the value of the Transportation Improvement Project Property dedication as determined in Section 9, or the appraised value of the portion of property needed for Project 2.04A ($218,000.00) ("Maximum Transportation Impact Fee Credit"). The credits provided under this Section are limited to this Maximum Transportation Impact Fee Credit. Once the Maximum Transportation Impact Fee Credit has been achieved Development Agreement for Funding Transportation Improvements & Right of Way Dedication Salmonberry Apartments 10938640.1 - 366922 - 0060 40 through credits applied to Owner for the Development Project, Owner will be required to comply with the impact fee provisions of the Code for any further development of the Property that requires payment of transportation impact fees, including payment of any transportation impact fees incurred over and above the Maximum Transportation Impact Fee Credit. b) Credit Granted. The City hereby grants the Owner a credit against transportation impact fees for fair market value of the Transportation Improvement Project Property as set forth in this Agreement and as calculated under the provisions contained Sections 8 and 9. The total estimated transportation impact fee required for the Development Project is currently estimated as $64,035.12. If any net transportation impact fees are due, the Owner shall pay the transportation impact fees based on the rate schedule in effect at the time payment has been made to the City for building permits 22-980 and 22-981. The Parties agree that the estimated transportation impact fees credit granted by the City for the dedication of the Transportation Improvement Project Property will likely exceed the transportation impact fees due. For the purposes of this subsection, the Parties agree that the projected net transportation impact fees due will be zero dollars ($-0-). Therefore, the Parties agree that Owner shall not be required to remit payment for the any transportation impact fees prior to the issuance of building permits 22-980 and 22-981. After completion of the Project and the Dedication of the Transportation Improvement Project Property, if the Parties determine that Owner owes any transportation impact fees, then such amount shall be due and payable to the City prior to issuance of any certificate of occupancy for the Development Project. c) Owner shall dedicate the Transportation Improvement Project Property to the City generally as shown on Exhibit C, but in the final configuration as determined following the final design of the Transportation Improvement Project by the City. Such dedication shall be by Right of Way Dedication Deed as shown on Exhibit D. Owner shall complete such dedications no later than twelve (12) months after the effective date of this Agreement or prior to the City's issuance of a Certificate of Occupancy for the first building permit for the Development Project, whichever time period is shorter. d) In the event Owner defaults on any requirement under this Agreement, or defaults on dedicating the Transportation Improvement Project Property, the City's remedies include holding any outstanding Certificates of Occupancy until such time the Transportation Improvement Project Property dedication is completed, including the Parties' agreement on valuation, and until after any outstanding impact fees are paid in full or credited. e) The City and Owner agree that these credits are consistent with RCW 82.02.060(5) and that they are consistent with POMC 20.182.080. Section 9. Valuation of Property Dedications. The Parties agree to value the Transportation Improvement Project Property to be dedicated at $18.96 per square foot. The Parties agree that this is the correct and fair market value for the Transportation Improvement Project Property. Development Agreement for Funding Transportation Improvements & Right of Way Dedication Salmonberry Apartments 10938640.1 - 366922 - 0060 41 Section 10. Other Impact Fees. The Development Project is subject to the City's impact fee requirements of POMC Ch. 20.182. Owner shall pay the applicable impact fees for the Development Project at the rates in effect at the time each fully complete building permit application is submitted. Section 11. Default. a) Subject to extensions of time by mutual consent in writing, failure, or delay by either Party to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the Party alleging such default or breach shall give the other Party not less than thirty (30) days' notice in writing, specifying the nature of the alleged default and the manner in which said default may be cured. During this thirty (30) day period, the Party charged shall not be considered in default for purposes of termination or institution of legal proceedings. b) After notice and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other Party to this Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs as provided in the POMC for violations of this Agreement and the Code. Section 12. Termination. This Agreement shall terminate five (5) years after Effective Date. Upon termination and upon the request of the Owner, the City shall record a notice of such termination in a form satisfactory to the Parties that the Agreement has been terminated. Section 13. Extension and Modification. Any request for extension or modification, if allowed under the City's code, shall be subject to the provisions contained in POMC Chapter 20.26 POMC. Section 14. Effect upon Termination on Owner. Termination of this Agreement as to the Owner shall not affect any of the Owner's respective obligations to comply with the City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or other land use entitlements approved with respect to the Property, or obligations to pay assessments, liens, fees, or taxes. Furthermore, if the Agreement expires without the Transportation Improvement Project costs being fully recovered by impact fee credit or mitigation funds, the Owner will no longer be eligible to receive such credits. Section 15. Effects upon Termination on City. Upon any termination of this Agreement as to the Property, or any portion thereof, the City will be under no obligation to provide any additional credits or reimbursement to Owner even if the Transportation Improvement Project costs have not been fully recovered at the time of expiration or termination. Section 16. Assignment and Assumption. The Owner shall have the right to sell, assign or transfer this Agreement with all rights, title, and interests therein to any person, firm, or corporation at any time during the term of this Agreement with a sale of the underlying property. Owner shall provide the City with written notice of any intent to sell, assign, or transfer all or a portion of the Development Agreement for Funding Transportation Improvements & Right of Way Dedication Salmonberry Apartments 10938640.1 - 366922 - 0060 ►y: Property, at least 30 calendar days in advance of such action; provided; however, failure to strictly comply with the 30 calendar -day notice provision shall not be considered a breach of this Agreement. Section 17. Binding on Successors; Covenants Running with the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the Parties. The Owner and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a Party thereto, but only with respect to the Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of the Owner contained in this Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned, or transferred to it. Section 18. Amendment to Agreement; Effect of Agreement on Future Actions. No waiver, alteration, or modification to any of the provisions of this Agreement shall be binding unless in writing, signed by the duly authorized representatives of the Parties, be consistent with Chapter 20.26 POMC, and, where considered substantive as determined by the Director, follow the same procedures set forth in Chapter 20.26 POMC. Nothing in this Agreement shall prevent the City Council from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations after the Effective Date of this Agreement. Section 19. General release. Owner may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee, or transferee expressly assumes the obligations under this Agreement as provided herein, including the obligation to timely dedicate the Transportation Improvement Project Property. Section 20. Notices. Notices, demands, correspondence to the City and/or Owner (as applicable) shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of the Parties as designated in "Written Notice" Section 33 below. Notice to the City shall be to the attention of both the City Clerk and the City Attorney. Notices to successors -in -interest of the Owner shall be required to be given by the City only for those successors -in -interest who have given the City written notice of their address for such notice. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 21. Reimbursement for Agreement Expenses of the City. Owner agrees to reimburse the City for actual expenses incurred over and above fees paid by Owner as an applicant incurred by City directly relating to this Agreement, including recording fees, publishing fees, attorneys' fees, and reasonable staff and consultant costs not otherwise included within application fees; provided however, the City shall provide written notice to Owner if the expenses to the City are anticipated to exceed Twenty -Five Thousand Dollars and No Cents ($25,000.00) and the Parties shall meet and confer regarding the City's anticipated costs. Upon payment of all expenses, the Owner may request written acknowledgement of all fees. Such payment of all fees shall be remitted to the City, at the latest, within thirty (30) days from the City's presentation of a written statement of charges to the Owner. Development Agreement for Funding Transportation Improvements & Right of Way Dedication Salmonberry Apartments 10938640.1 - 366922 - 0060 43 Section 22. Applicable Law, Resolution of Disputes, and Attorneys' Fees. It is the Parties' intent to work cooperatively and to resolve disputes in an efficient and cost-effective manner. All disputes arising out of or relating to this Agreement shall be resolved as follows: a) Settlement Meeting. If any dispute arises between the Parties relating to this Agreement, then the Parties shall meet and seek to resolve the dispute, in good faith, within ten (10) working days after a Party's request for such a meeting. The City shall send the Mayor, Community Development Director, Public Works Director, and/or the Mayor's designee and any persons with information relating to the dispute, and Owner shall send an owner's representative and any consultant or other person with technical information or expertise related to the dispute. b) Court. If the Parties cannot resolve the matter in a settlement meeting, then jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington, or the U.S. District Court for Western Washington, as applicable. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The non -prevailing Party in any action brought to enforce this Agreement shall pay the other Parties' expenses and reasonable attorney's fees. Section 23. No Third -Party Beneficiaries. Except as otherwise provided herein, this Agreement shall not create any rights enforceable by any party who is not a Party to this Agreement. Section 24. City's right to breach. The Parties agree that the City may, without incurring any liability, engage in action that would otherwise be a breach if the City makes a determination on the record that the action is necessary to avoid a serious threat to public health and safety, or if the action is required by federal or state law. Section 25. Owner's Compliance. The City's duties under the Agreement are expressly conditioned upon the Owner's substantial compliance with each and every term, condition, provision, and/or covenant in this Agreement, including all applicable federal, state, and local laws and regulations and the Owner's obligations as identified in any approval or project permit for the property identified in this Agreement. Section 26. Limitation on City's Liability for Breach. Any breach of this Agreement by the City shall give right only to damages under state contract law and shall not give rise to any liability under Chapter 64.40 RCW, the Fifth and Fourteenth Amendments to the U.S. Constitution, including but not limited to 42 U.S.C. § 1983, or similar state constitutional provisions. Section 27. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a Party to challenge this Agreement or any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Owner. In such event, Owner shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation. The Owner shall not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not Development Agreement for Funding Transportation Improvements & Right of Way Dedication Salmonberry Apartments 10938640.1 - 366922 - 0060 44 unreasonably withhold consent to settle. Section 28. Specific Performance. The Parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the Parties are entitled to compel specific performance of all material terms of this Agreement by any Party in default hereof. Section 29. Recording. This Agreement shall be recorded against the Property with the real property records of the Kitsap County Auditor. During the term of the Agreement, it is binding upon the owners of the property and any successors in interest to such property. Section 30. Severability. This Agreement does not violate any federal or state statute, rule, regulation or common law known; but any provision which is found to be invalid or in violation of any statute, rule, regulation or common law shall be considered null and void, with the remaining provisions in the Agreement remaining viable and in effect. Section 31. Non -Waiver of Breach. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred 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 and remain in full force and effect. Section 32. Written Notice. All written communications regarding enforcement or alleged breach of this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Unless otherwise specified, any written notice hereunder shall become effective upon the date of both emailing and mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated below: NAME OF OWNER: CITY: Family Legacy Development LLC Mayor Attn. Steve Novotny City of Port Orchard 7809 Pacific Avenue 216 Prospect Street Tacoma WA 98408 Port Orchard WA 98366 powermystroAgmail.com rputaansuu(&r,portorchardwa.gov me&stevenovotn. Copies shall also be transmitted to the City Clerk and City Attorney at the above address. Section 33. Time is of the essence. All time limits set forth herein are of the essence. The Parties agree to perform all obligations under this Agreement with due diligence. Section 34. Covenant of Good Faith and Cooperation. The Parties agree to take further actions and execute further documents, either jointly or within their respective power and authority, to implement the intent of this Agreement. Each Party covenants to use its best efforts and work cooperatively in order to secure the benefits and rights under this Agreement. The Parties shall not unreasonably withhold approvals or consents provided for in this Agreement. Each Party Development Agreement for Funding Transportation Improvements & Right of Way Dedication Salmonberry Apartments 10938640.1 - 366922 - 0060 45 shall execute and deliver to the other all further documents as are reasonably necessary to carry out this Agreement, including the Transportation Improvement Project, the property dedications, and Development Project, as may be necessary to provide a Party with a full and complete enjoyment of its rights and privileges under this Agreement. Section 35. Interpretation. This Agreement has been reviewed and revised by legal counsel for both Parties, and no presumption or rule construing ambiguity against the drafter of the document shall apply to the interpretation or enforcement of this Agreement. Section 36. Counterparts. The Agreement may be signed in two or more counterpart copies with the same effect as if the signature of each counterpart copy were on a single instrument. Each counterparty shall be deemed as an original as to the Party whose signature it bears, and all such counterparts shall constitute one document. Section 37. Entire Agreement. The written provisions and terms of this Agreement, together with the Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the Parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Agreement. The entire agreement between the Parties with respect to the subject matter hereunder is contained in this Agreement and exhibits thereto. IN WITNESS WHEREOF, the Parties have executed this Agreement on this day of , 2024. Family Legacy Development LLC Steve Novotny Its: APPROVED AS TO FORM: Bryce Dille Attorney for Owner CITY OF PORT ORCHARD LE Rob Putaansuu Its: Mayor APPROVED AS TO FORM: Jennifer S. Robertson Attorney for Port Orchard ATTEST: Brandy Wallace, CMC Port Orchard City Clerk Development Agreement for Funding Transportation Improvements & Right of Way Dedication Salmonberry Apartments 10938640.1 - 366922 - 0060 46 EXHIBITS TO AGREEMENT: Exhibit A — Legal Description of the Property being developed by Owner Exhibit B — Map of the Property and the Development Project and with permits listed in Section 2 identified Exhibit C — Transportation Improvement Project Property dedication map Exhibit D — Right of Way Dedication Deed Development Agreement for Funding Transportation Improvements & Right of Way Dedication Salmonberry Apartments 10938640.1 - 366922 - 0060 E IFA NOTARY BLOCK FOR PORT ORCHARD STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Robert Putaansuu is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of Port Orchard to be the free and voluntary act of such Party for the uses and purposes mentioned in the instrument. Dated: 12024. (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Development Agreement for Funding Transportation Improvements & Right of Way Dedication Salmonberry Apartments 10938640.1 - 366922 - 0060 48 NOTARY BLOCK FOR FAMILY LEGACY DEVELOPMENT LLC STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that Steve Novotny is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Family Legacy Development, LLC, a Washington limited liability company to be the free and voluntary act of such Party for the uses and purposes mentioned in the instrument. Dated: , 2024. (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Development Agreement for Funding Transportation Improvements & Right of Way Dedication Salmonberry Apartments 10938640.1 - 366922 - 0060 49 EXHIBIT "A" 37' RIGHT-OF-WAY DEDICATION A STRIP OF LAND BEING 37.00 FEET IN WIDTH, LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: LOT C OF SHORT PLAT NO. 2384 RECORDED UNDER AUDITOR'S FILE NO. 8009020109, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION PER SUPERIOR COURT CAUSE NO. 20-2-01545-8, DESCRIBED AS FOLLOWS! THE SOUTH 10 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE WEST 271.77 FEET; EXCEPT ANY PORTION LYING EAST OF THE WEST 535.77 FEET; AND EXCEPT SHORT PLAT NO. 2384 RECORDED UNDER AUDITOR'S FILE NO, 8009020109. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY; THENCE NORTH 02'39'24" EAST ALONG THE WESTERLY LINE THEREOF, A DISTANCE OF 17,00 FEET TO A LINE PARALLEL WITH AND 17.00 FEET NORTH OF THE SOUTH LINE OF SAID PROPERTY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 02°39'24" EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 275.00 FEET TO AN ANGLE POINT ON SAID WESTERLY LINE THEREOF; THENCE CONTINUING NORTH 02`39'24" EAST, A DISTANCE OF 20.79 FEET TO THE NORTHERLY LINE OF THE ABOVE DESCRIBED PROPERTY; THENCE SOUTH 88°07'44" EAST ALONG SAID NORTH LINE, A DISTANCE OF 37.00 FEET TO A LINE PARALLEL WITH AND 37,00 FEET EAST OF SAID WESTERLY LINE; THENCE SOUTH 02°39'24" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 295.76 FEET TO SAID LINE PARALLEL WITH AND 17.00 FEET NORTH OF THE SOUTH LINE OF SAID PROPERTY; THENCE NORTH 88°10'36" WEST ALONG SAID PARALLEL LINE THEREOF, A DISTANCE OF 37.00 FEET TO THE POINT OF BEGINNING. CONTAINS 0,251 ACRES MORE OR LESS. ALL SITUATE IN SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON, 'CFNGI NEE R I N G• L L C 4706 97th Street Northwest, Suite 100, Gig Harbor, WA 98335. ph 253-857-5454. fax 253-509-0044 50 SCALE: 1"=50' POINT OF COMMENCEMENT SBB '07' 44 "E DTI ��`/� CV / n m m N CD Nvu N m z ; Co i EXHIBIT "B" SUPERIOR COURT CAUSE NO. 20-2-01545-8 _ 37' RIGHT-OF-WAY DEDICATION Q `` - -- _ N88 '10 ' 36"W 0 0 SE SALMONBERRY ROAD N E N G I N E E R I N G- L L C CIVIL ENGINEERSNSURVEYORS-UND PLANNERS 4706 97th Street NW, Suite 100, Gig Harbor, WA 98335 Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com 51 LJ LAND USE SUMMARY P/N:01230120782000 JURISDICTION: PORT ORCHARD TAX DESCRIPTION: LOT C OF SHORT PLAT NO. 2384 AS RECORDED UNDER AUDITOR'S FILE NO. 8009020109, RECORDS OF KITSAP COUNTY, WASHINGTON; BEING A PORTION OF SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON.> ZONING DESIGNATION: CMU (COMMERCIAL MIXED USE) PARCEL AREA: 56,192 sq ft (1.29 acres) (MEASURED PARCEL AREA: 56,913) SURROUNDING PARCELS: CMU TO THE EAST, WEST, AND SOUTH. COMMERCIAL HEAVY TO THE NORTH. USE: MULTIFAMILY (PERMITTED) MINIMUM LOTAREA: 5,000 SF MINIMUM LOT WIDTH: 50 FT MINIMUM SETBACKS: 0 FRONT, 0 SIDE, 20 FT REAR MAXIMUM SETBACK: 10 FT FRONT BUILD -TO ZONE: 70% PRIMARY STREET MAXIMUM HEIGHT. 40 FT (3 1/2 STORIES) PROPOSED BUILDINGS BLD'G NO. 1: (12) 1-BEDROOMS BLD'G NO.2: (12) 1-BEDROOMS TOTAL UNITS = 24 VEHICLE PARKING ANALYSIS STALL DIMENSIONS: 8' x 16' COMPACT, 9' x 20' STANDARD REQUIRED: 1.75 STALLS PER 2 BEDROOM UNIT, PLUS 0.25 PER UNIT IF NO ADJACENT PUBLIC ON -STREET PARKING = 1.5 PER 1 BEDROOM UNIT PLUS 0.25 PER UNIT IF NO ADJACENT PUBLIC ON -STREET PARKING: NO PUBLIC, ON -STREET PARKING AVAILABLE ON -SITE VEHICLE STALLS REQUIRED: (12x2) + (12x1.75) = 24+21 = 45 ON -SITE VEHICLE STALLS PROVIDED: 46 COMPACT MAX.: 40% = 45 x 0.04 = 18 COMPACT STALLS PROVIDED: 10 ACCESSIBLE STALLS REQ'D: 3 (WITH 1 VAN STALL) ACCESSIBLE STALLS PROVIDED: 3 POMC 20.124.050 ELECTRIC VEHICLE PARKING REQUIRED REQUIRED: 10 PERCENT = 6 BICYCLE PARKING ANALYSIS STALL SIZE: 75" x 24" SINGLE, 100" x 36" DOUBLE LONG-TERM BICYCLE PARKING: BASE REQUIREMENT: 1 PER UNIT UP TO 24 STALLS TOTAL LONG-TERM BICYCLE STALLS REQUIRED: 24 PROVIDED: 24 OVERALL SITE LANDSCAPING ANALYSIS EXISTING SITE AREA: 56.192 SF MAXIMUM HARD SURFACE: 80 % = 44,954-SF MINIMUM LANDSCAPING REQUIRED: 11,238-SF PROPOSED LANDSCAPE AREA: APPROX. 14,000-SF OPEN SPACE REQUIREMENTS ANALYSIS: OPEN SPACE REQUIREMENT. 150 SF PER 2-BEDROOM UNIT, 100 SF PER 1- BEDROOM UNIT MINIMUM: (12 x 100) + (12 x 150) = 1200 + 1800 = 3,000-sf PROVIDED: 1,635 + 1,462 + 1,145 = 4,242 sq ft (4) BIKE STORAGE EF ill COVERED TRASH SIDE YARD SETBACK = 0-FT cfl (12) BIKE ENCLOSURE o STORAGE :::� -- -- -- - -- + + -- -- - -- 1T-0„ --------------- ` '. �n OPEN SPACE' A 4 ° Q ° ` 1 635 s ft ° + 2 958 s ft 0 0 1- TRASH _ _ a q 527 s ft 0 0 L0 °.< q - 0 o I , 09 39 38 37 36 34 33 32 �1 N 31 30 29 27 26 24 + N N - - in 43 44 46 46 N 4] io i i i PEN SPACE tip 1,145 sq ft BLD'G 2 3-STORY APT BLD'G (4) UNITS PER FLR Lo Lo (12) 1-BEDROOMS FOOTPRINT 3,063 sq ft ROOF AREA 3,703 sq ft 1'IOPEN�R c c c c c c c c 0 1 6 25 -0 _ 4- 4 11 — — 6 0 _ 6'_2" 0 6'-4 3/4" v 5 -0, ' 1'-6" 99'-21/4" cn 1'-6" 55'-113/4" 8'-71/2" o BLD'G 1 GREEN III 1'-6" 24'-3333/4" WALL 3-STORY APT BLD'G 45'-0" N 6-0"(4) UNITS PER FLR O(12) 2-BEDROOMS OUTLINE OF EVA I. T. TURNAROUND L / o v 48 49 60 61 62 / Lo ,9 20 21 N 23 � I N GREEN WALL (8) BIKE 20'-0" i STORAGE L- RISER M o 10 -0 GREEN WALL; TYPICAL I _ Ln . o=SEE LANDSCAPE PLANS a FF=330.42co -9 3/4"13' F ` J 5'-0" 2'-6 +I _ I 1, 6„ a 3' 6"I ° �� 32 -8 1 /4 36' 0 � 9'-0" 9'-0" r ADA PARKING SIGNAGE REEN WALL; TYPICAL FOOTPRINT J ` o PER DETAIL ON THIS SHEET SEE LANDSCAPE PLANS 4,447 sq ft r- - - - - - - - - - - — 16'-0" 20'-0" w 94'-2 1 /4" r 5'-0" ROOF AREA = 5,181 sq ft II ° 5'-1 /4" 5'-0" J� 27'-8 1 /2" 10'-11 1 /2" � 54'-0" OPEN SPACE FF=327.07 1,462 sq ft - .. .W GREEN WALL CD N 9 70 11 72- PARCEL AREA ° 50,800 sq ft 1 V-3/4" 37'-1 " 13'-9 3/4" 64'-11 1 /2" - - Lu I Q� w �. y I L)� P'M SIDE YARD SETBACK = 0-FT, -- 11,570 sq ft R.O.W. DEDICATION SITE PLAN 1 SCALE: 1" = 20' -2 3/4" Ne Q O W Co J W Cl) PROPOSED R.O.W. PROPOSED R.O.W. (EX) R.O.W. SYNTHESIS 9, LLC 523 N. D ST. TACOMA, WA 984E REUSE OF DOCUMENTS THIS DOCUMENTAND THE IDEAS AND DESIGNS INCORPORATED HERIN, AS INSTRUMENTS OF PROFESSIONAL SERVICE, ARE THE PROPERTY OF SYNTHESIS 9, LLC AND ARE NOT TO BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUT THE WRITTEN AUTHORIZATION OF SYNTHESIS 9, LLC. Lu U N O Lu C~7 Lu F- S _ Z W Q � Q� O LU F_ CIOU) CV m QUO LLB W Z m O o J Q C/) W Cn (D T_ REVISIONS N REVISIONS DRAWN BY: N CHECKED BY: DATE: TITLE: X w PROJECT#: SHEET: z Q J CM / BL BL 24.10.29 SITE PLAN 2025 w AS1.0 Cn 52 EXHIBIT "A" 37' RIGHT-OF-WAY DEDICATION A STRIP OF LAND BEING 37.00 FEET IN WIDTH, LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: LOT C OF SHORT PLAT NO. 2384 RECORDED UNDER AUDITOR'S FILE NO. 8009020109, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION PER SUPERIOR COURT CAUSE NO. 20-2-01545-8, DESCRIBED AS FOLLOWS! THE SOUTH 10 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE WEST 271.77 FEET; EXCEPT ANY PORTION LYING EAST OF THE WEST 535.77 FEET; AND EXCEPT SHORT PLAT NO. 2384 RECORDED UNDER AUDITOR'S FILE NO, 8009020109. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY; THENCE NORTH 02'39'24" EAST ALONG THE WESTERLY LINE THEREOF, A DISTANCE OF 17,00 FEET TO A LINE PARALLEL WITH AND 17.00 FEET NORTH OF THE SOUTH LINE OF SAID PROPERTY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 02°39'24" EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 275.00 FEET TO AN ANGLE POINT ON SAID WESTERLY LINE THEREOF; THENCE CONTINUING NORTH 02`39'24" EAST, A DISTANCE OF 20.79 FEET TO THE NORTHERLY LINE OF THE ABOVE DESCRIBED PROPERTY; THENCE SOUTH 88°07'44" EAST ALONG SAID NORTH LINE, A DISTANCE OF 37.00 FEET TO A LINE PARALLEL WITH AND 37,00 FEET EAST OF SAID WESTERLY LINE; THENCE SOUTH 02°39'24" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 295.76 FEET TO SAID LINE PARALLEL WITH AND 17.00 FEET NORTH OF THE SOUTH LINE OF SAID PROPERTY; THENCE NORTH 88°10'36" WEST ALONG SAID PARALLEL LINE THEREOF, A DISTANCE OF 37.00 FEET TO THE POINT OF BEGINNING. CONTAINS 0,251 ACRES MORE OR LESS. ALL SITUATE IN SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON, 'CFNGI NEE R I N G• L L C 4706 97th Street Northwest, Suite 100, Gig Harbor, WA 98335. ph 253-857-5454. fax 253-509-0044 53 SCALE: 1"=50' POINT OF COMMENCEMENT SBB '07' 44 "E DTI ��`/� CV / n m m N CD Nvu N m z ; Co i EXHIBIT "B" SUPERIOR COURT CAUSE NO. 20-2-01545-8 _ 37' RIGHT-OF-WAY DEDICATION Q `` - -- _ N88 '10 ' 36"W 0 0 SE SALMONBERRY ROAD N E N G I N E E R I N G- L L C CIVIL ENGINEERSNSURVEYORS-UND PLANNERS 4706 97th Street NW, Suite 100, Gig Harbor, WA 98335 Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com 54 AFTER RECORDING RETURN TO: City of Port Orchard Attn. Public Works Director 216 Prospect Street Port Orchard, WA 98366 Title of Document: STATUTORY WARRANTY DEED FOR RIGHT OF WAY DEDICATION Grantor: Family Legacy Development, LLC, a Washington limited liability company Grantee: City of Port Orchard, a Washington municipal corporation Legal Description (abbreviated): FULL LEGAL DESCRIPTION ON EXHIBIT "A" ATTACHED HERETO Assessor's Tax Parcel ID# 012301-2-078-2000 Reference Nos. of Documents Released or Assigned: N/A STATUTORY WARRANTY DEED FOR RIGHT OF WAY DEDICATION Page 1 10938652.1- 366922 - 0060 61.1 STATUTORY WARRANTY DEED FOR RIGHT OF WAY DEDICATION The GRANTOR Family Legacy Development, LLC, a Washington limited liability company for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration in hand paid, conveys and warrants to GRANTEE, the City of Port Orchard, a Washington municipal corporation, the following described real estate, the following described real property, including any after acquired title, as and for public right of way, to be used for all lawful right of way purposes including, but not limited to, public roads, streets, surface transportation and associated uses as well as the installation, operation and maintenance of utilities, over, under, above, and along the following described real property in the situated in the County of Pierce County, State of Washington as described on Exhibit "A" which is attached hereto and incorporated herein by this reference as if set forth in full. A drawing of the Right of Way is attached hereto as Exhibit `B" and made part of this Deed by this reference. Further, Grantor agrees to indemnify and hold the Grantee harmless from liability for any and all claims under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq., and the Model Toxics Control Act, Chapter 70.105D RCW, which may arise from the property dedicated pursuant to this Deed. It is understood and agreed that this deed shall become binding upon the Grantee upon accepted by its Mayor or designee as indicated by signature below. The rights and obligation in this Statutory Warranty Deed for Right of Way Dedication shall inure to the benefit of and be binding on the Parties and be binding on their respective successors and assigns. GRANTOR: Family Legacy Development, LLC This instrument is executed on this day of , 202_. Family Legacy Development, LLC By: Steve Novotany , its [Title] ACCEPTED: City of Port Orchard Rob Putaansuu, Mayor STATUTORY WARRANTY DEED FOR RIGHT OF WAY DEDICATION Page 2 10938652.1- 366922 - 0060 56 Date: STATE OF ) ss. COUNTY OF ) On this day of , 202_ day personally appeared before me Steve Novotany, to me known to be the [Title] of Family Legacy Development, LLC, a Washington limited liability company, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Washington limited liability company for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. (Print Name) NOTARY PUBLIC in and for the State of , residing at My appointment expires My appointment expires STATUTORY WARRANTY DEED FOR RIGHT OF WAY DEDICATION Page 3 10938652.1- 366922 - 0060 57 Exhibit A LEGAL DESCRIPTION OF RIGHT OF WAY PROPERTY ASTFtIP OF LANb I3EJNG 37-W FEET IN WIDTH, LYING WrfNIHTHE FOLLOMKIG DESON5 EU PKWERTY: LOT C OF SHORT PLAT NO.2XIA RECMDEa UN❑ER AMITOR 5 FILE ND. $Cti4 p Q1O$. ELEING A PORT30N OF THE SOUTWKST QUARTER OF THE NORTMI=ST flUARIER, SECTI❑N 1, TCWVN$MIF 23 NORTH_ RANGE 1 EAST, W M.. IN KrrSAR COUNTY_ HINGTON; TOGETHER WTH THAT PORMI1t PER SUPERIOR 0WRT CAUSE NO 2C4-01I5494, DESORIRED AS FOLLOVO& THE SOUTIR 10 ACES OF THE SOUTHWMT CIUAATER CW THE NORTHWEST QUARTER, SECTION TOWNSHIP 93 NORTH, RANGE 1 EAST, W.U. IN KrSAP COUNT, WASHIMGTON; EXCEPT THE WEST 271 77 FIFET; FXCIEPr ANY PORTIGN LYING EST OF TFW YVE$T 69e,77 FEET; ARD EJ9GEPT SHORT FLAT NO- RECORDED UNDER,AU01TOFi'$ FILE NO. SKSMIN. MORE PARTICULARLY DESORIBEI A-S FOLLOM: BEGINNIING AT THE SDiT KWEST CORNER OF THE ABOVE DESCRASED PROPERTY; THENCE NORTH 02lW24' EAST ALONG THE WESTERLY I_INIE TH ERECIF, p DISTANCE OF I7_00 FEET TO A LINE PARALLE L 14'ITH AND 17.00 FEET NORTH OF THE SOUTR LANE OF WD PROPERTY AND THE TRUE POINT OF BEGINNING: THENCE COUTINONG NOMH 02'3924' EAST ALONG SAIDWESTERLYLINE, A DISTANCE flF 276.DD FEET To AN ANGLE ?OINT ON MUD WESTE RLY LINE THEREOF; THENCE CO"TINUM WORN 02'31724' E44T. A DISTANCE OF 20 79FEET TO THE NORTHERLY LINE OF THE ABOVE DESCRIBED FIROPE'RTY; THENCE SOUTH AB'OrAV EAST ALON12 SAID NO" LINE, A ❑ISTANOK QF 37.00 FEET TO A LINE PARALLEL WTH,AND $7.01) FEET EAST OF SAID WESTERLY LINE, VENCE SOUTH 02'3924' WEST AUDAG SAID PARALLEEL LINE, A DISTANCE OF 2M-5 7$ FEET TQ cjAIQ LINE PARALLEL MrH AND 17.00 Fr!Ef NORTH OF THE SOUTH LINE OF SAID PROPERTY. THENCE NORT" M' f0'3II'' WEST ALONG SAID PAPALL EL L INE THEREOF_ A DISTANCE OF wvo FEE T T4 THE P014T OF BEO#NNING. CONTAINS 0.251 ACRES MORE OR LESS ALL SITUATE III SECTION 1, T❑W"$HIP V NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN. IN THE CITY ❑€ PORT ORCHARD. COUNTY OF KFTS.AF, ,5TATIe OF 1tiASHVIGTON, STATUTORY WARRANTY DEED FOR RIGHT OF WAY DEDICATION Page 4 10938652.1- 366922 - 0060 58 Exhibit B DRAWING OF RIGHT OF WAY TO ACCOMPANY LEGAL DESCRIPTION • M1 37 Go pp pp����++�p �5 r + KRIU 1 COW CAUSE 10-4-2-415�5�6 - 37- R16NT-DFAAi BUTEArinn m � �InCCC�77NliliijOR �01 ffl- 37- 00 — — — — *— I � ii�•3� K _ E SALMONBERRY ROAD STATUTORY WARRANTY DEED FOR RIGHT OF WAY DEDICATION Page 5 10938652.1- 366922 - 0060 59 0�4 City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Adoption of an Ordinance Amending the 2023-2024 Biennial Budget, Including the Adopted Salary Table (Crocker) Meeting Date: November 26, 2024 Prepared By: Noah Crocker, M.B.A., Finance Director Presenter: Noah Crocker, M.B.A., Finance Director Summary and Background: The City of Port Orchard Biennial Budget for 2023-2024 is written and adopted to capture revenue and expenses over the 2023-2024 fiscal period. During the biennial period, changes to the budget in both revenue and expenditures need to be recognized by a Budget Amendment. This includes modifications made during the fiscal period to the salary table, Exhibit A to the adopted budget, which lists the approved job titles and salary ranges for each authorized position. By this Ordinance, the City Council would amend the 2023-2024 Biennial Budget, as adopted by Ordinance No. 046-22 and amended by Ordinances Nos. 018-23, 022-23, 029-23, 039-23, 008-24 and 012-24, to reflect modifications to expenditures/revenues and necessary changes to Exhibit A. Additionally, earlier this year the Council took action to adjust the organizational structure of the Public Works Department. The Budget Amendment would incorporate that adjustment and removal of positions to reflect these changes in Exhibit A. The proposed budget amendment is specifically intended to reflect the following: Fund 001: Current Expense Fund Increase Marina Patrol Services for Safe Boat Repairs $30,000 Reduce Ending fund Balance by $30,000 Fund 411: Water Operating Fund Increase Revenue from interest earned by $185,000 2. Increase expenses for Well No.8 Chlorinator Equipment by $95,000 3. Increase expenses for WA Excise Taxe by $60,000 4. Increase expenses for Well Equipment and repairs by $30,000 Fund 500: Equipment Rental Revolving Fund Increase revenue by 30,000 to pay for Safe Boat Repairs Increase expenses for Safe Boat Repairs by $30,000 60 • Exhibit A 1. Rename Title of Police Chief to Chief of Police 2. Rename Title of Records Evidence Specialist to Police Services Specialist 3. Remove 1 FTE for Operations Manager 4. Remove 1 FTE for Utility Manager 5. Increase 1 FTE for the position of Civil Engineer 1 6. Reduce Mechanic by 1 FTE for a total of 1 FTE Mechanic 7. Reduce Maintenance Technician II by 2 FTE for a total of 13 Relationship to Comprenhensive Plan: The Budget is integral to all aspects of the City meeting the policy goals set out in the Comprehensive Plan. Recommendation: The Finance Director recommends adoption of an Ordinance amending the 2023 — 2024 Biennial Budget. Motion for Consideration: "I move to adopt an Ordinance amending the 2023-2024 Biennial Budget for the City of Port Orchard." Has item been presented to Committee/Work Study? If so, which one: Work Study Fiscal Impact: Revenue & Expense authority increase by $215,000 Alternatives: Do not approve and provide alternative guidance. Attachments: 1) Ordinance _ Amend ing_2023-2024_Biennial_B udget-FINAL.doc 1a) Exhibit A-2023-2024 Budget -Clean Salary Schedule.pdf 2) Informational Income Satement 2023-2024 Budget Amendment.pdf 3) Informational Exhibit A -Redline Salary Schedule.pdf 61 ORDINANCE NO. **-24 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE 2023-2024 BIENNIAL BUDGET AS ADOPTED BY ORDINANCE NO. 046-22 AND AMENDED BY ORDINANCES NOS. 018-23, 022-23, 029-23, 039-23, 008-24 AND 012-24, TO RECOGNIZE EXPENDITURES AND REVENUES NOT ANTICIPATED AT THE TIME OF THE ADOPTION OF THE 2023-2024 BIENNIAL BUDGET INCLUDING MODIFICATIONS TO THE SALARY AND POSITIONS TABLE; PROVIDING FOR TRANSMITTAL TO STATE; PROVIDING FOR PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard adopted its 2023 — 2024 Biennial Budget by Ordinance No. 046-22, which was then amended by Ordinance No. 018-23, Ordinance No. 022- 23, Ordinance No. 029-23, Ordinance No. 039-23, Ordinance No. 008-24 and Ordinance No. 012-24; and WHEREAS, the City desires to keep current on necessary budget amendments that reflect adjustments to revenue, expenditures, and the position/salary table that occur throughout the fiscal period; and WHEREAS, it is necessary to consider adjustments to accounts and/or funds by means of appropriation adjustments that could not have been anticipated at the time of passage of the 2023 — 2024 Biennial Budget; and WHEREAS, by this Ordinance, the City Council amends the 2023-2024 Biennial Budget to accommodate necessary adjustments as set forth herein; and WHEREAS, the City will adjust Fund 001-the Current Expense fund to reflect additional expenses of $30,000 for Marine Patrol Services for Safe Boat; and WHEREAS, the City will adjust Fund 411-Water Operating Fund to reflect additional revenues of $185,000 from interest earned; and WHEREAS, the City will adjust Fund 411-Water Operating Fund to reflect additional expenditures of $185,000 for Well No.8 Chlorination, Excise Taxes and well equipment repairs; and WHEREAS, the City will adjust Fund 500-Equipment Rental Revolving Fund to reflect an additional $30,000 of revenue and expenses for repairs need for the Safe Boat; and WHEREAS, the City evaluated its personnel needs for the 2023-2024 Biennium and this amendment modifies Exhibit A to Ordinance No. 046-22, as amended by Ordinance No. 018-23, 10954737.1 - 366922 - 0001 62 No. 022-23, No. 029-23, No. 039-23, No. 008-24 and No. 012-24 to modify personnel positions and salary table; and WHEREAS, City Council supports and recognizes from time to time city management require flexibility to provide for promotions, hiring and training of personnel which can result in temporary overlap and increases in authorized positions; and WHEREAS, the City identified adjustments needed to Exhibit A including removing 1 FTE for Utility Manager, Removing 1 FTE for Operations Manager, adding 1 FTE for a Civil Engineer I position, Removing 1 FTE for Mechanic, Removing 2 FTE for Maintenance Technician II; and WHEREAS, the City will adjust the title of Police Chief to Chief of Police to reflect industry standard; and WHEREAS, the City will adjust the title of Records Evidence Specialist to Police Services Specialist to better reflect assigned duties; and WHEREAS, the City will adjust all 2024 ending fund balances to reflect the impact of the proposed budget amendments; and WHEREAS, the City Council met on November 12, 2024, to review the proposed budget amendments including modifications to Exhibit A (Salary and Positions); and WHEREAS, the City Council has considered the proposed budget amendments and finds that amendments authorized by this Ordinance are consistent with applicable laws and financial policies, and further the public's health, safety and welfare; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The 2023-2024 Biennial Budget and enabling Ordinance No. 046-22, as amended by Ordinance No. 018-23, Ordinance No. 022-23, Ordinance No. 029-23, Ordinance No. 039-23, Ordinance No. 008-24 and Ordinance No. 012-24, is hereby amended as follows, including changes to Exhibit A depicted on the attachment to this Ordinance, incorporated herein by this reference: 10954737.1 - 366922 - 0001 63 2023-2024 Biennial Bud Expense $ 37,042,700 $ 44,906,800 $ 44,906,800 $ 46,837,200 $ 46,837,200 $ 46,837,200 $ 47,374,200 $ - $ 47,374,200 002 City Street Revenue $ 6,555,300 $ 8,381,700 $ 8,381,700 $ 8,978,300 $ 8,978,300 $ 8,978,300 $ 9,585,300 $ - $ 9,585,300 Expense $ 6,555,300 $ 8,381,700 $ 8,381,700 $ 8,978,300 $ 8,978,300 $ 8,978,300 $ 9,585,300 $ - $ 9,585,300 003 Stabilization Revenue $ 2,890,500 $ 2,921,000 $ 2,921,000 $ 2,921,000 $ 2,921,000 $ 2,921,000 $ 2,921,000 $ - $ 2,921,000 Expense $ 2,890,500 $ 2,921,000 $ 2,921,000 $ 2,921,000 $ 2,921,000 $ 2,921,000 $ 2,921,000 $ - $ 2,921,000 103 Criminal Justice Revenue $ 1,165,000 $ 1,422,800 $ 1,422,800 $ 1,422,800 $ 1,422,800 $ 1,422,800 $ 1,422,800 $ - $ 1,422,800 Expense $ 1,165,000 $ 1,422,800 $ 1,422,800 $ 1,422,800 $ 1,422,800 $ 1,422,800 $ 1,422,800 $ - $ 1,422,800 104 Special Investigative Unit Revenue $ 102,000 $ 106,900 $ 106,900 $ 106,900 $ 106,900 $ 106,900 $ 106,900 $ - $ 106,900 Expense $ 102,000 $ 106,900 $ 106,900 $ 106,900 $ 106,900 $ 106,900 $ 106,900 $ - $ 106,900 107 Community Events Revenue $ 463,600 $ 549,200 $ 549,200 $ 549,200 $ 549,200 $ 549,200 $ 549,200 $ - $ 549,200 Expense $ 463,600 $ 549,200 $ 549,200 $ 549,200 $ 549,200 $ 549,200 $ 549,200 $ - $ 549,200 108 Paths & Trails Revenue $ 15,300 $ 15,800 $ 15,800 $ 15,800 $ 15,800 $ 15,800 $ 15,800 $ - $ 15,800 Expense $ 15,300 $ 15,800 $ 15,800 $ 15,800 $ 15,800 $ 15,800 $ 15,800 $ - $ 15,800 109 Real Estate Excise Tax Revenue $ 4,979,100 $ 5,782,800 $ 5,782,800 $ 7,582,800 $ 8,015,800 $ 8,015,800 $ 8,015,800 $ - $ 8,015,800 Expense $ 4,979,100 $ 5,782,800 $ 5,782,800 $ 7,582,800 $ 8,015,800 $ 8,015,800 $ 8,015,800 $ - $ 8,015,800 ill Impact Fee Revenue $ 15,713,700 $ 16,181,800 $ 16,181,800 $ 16,181,800 $ 16,181,800 $ 16,181,800 $ 16,181,800 $ - $ 16,181,800 Expense $ 15,713,700 $ 16,181,800 $ 16,181,800 $ 16,181,800 $ 16,181,800 $ 16,181,800 $ 16,181,800 $ - $ 16,181,800 206 Bond Redemption Fund Revenue $ 598,400 $ 598,400 $ 598,400 $ 1,797,400 $ 1,797,400 $ 1,797,400 $ 1,797,400 $ - $ 1,797,400 Expense $ 598,400 $ 598,400 $ 598,400 $ 1,797,400 $ 1,797,400 $ 1,797,400 $ 1,797,400 $ - $ 1,797,400 302 Capital Construction Revenue $ 2,423,500 $ 18,854,600 $ 18,854,600 $ 21,523,900 $ 22,731,300 $ 22,731,300 $ 22,886,300 $ - $ 22,886,300 Expense $ 2,423,500 $ 18,854,600 $ 18,854,600 $ 21,523,900 $ 22,731,300 $ 22,731,300 $ 22,886,300 $ - $ 22,886,300 304 Street Capital Projects Revenue $ 13,698,100 $ 14,880,000 $ 14,880,000 $ 17,512,400 $ 17,512,400 $ 17,512,400 $ 18,789,350 $ - $ 18,789,350 Expense $ 13,698,100 $ 14,880,000 $ 14,880,000 $ 17,512,400 $ 17,512,400 $ 17,512,400 $ 18,789,350 $ - $ 18,789,350 411 Water - Operations Revenue $ 10,685,800 $ 11,499,300 $ 11,499,300 $ 11,696,900 $ 11,696,900 $ 11,696,900 $ 12,086,900 $ 185,000 $ 12,271,900 Expense $ 10,685,800 $ 11,499,300 $ 11,499,300 $ 11,696,900 $ 11,696,900 $ 11,696,900 $ 12,086,900 $ 185,000 $ 12,271,900 412 Water -Stabilization Revenue $ 955,500 $ 966,500 $ 966,500 $ 1,066,500 $ 1,066,500 $ 1,066,500 $ 1,066,500 $ - $ 1,066,500 Expense $ 955,500 $ 966,500 $ 966,500 $ 1,066,500 $ 1,066,500 $ 1,066,500 $ 1,066,500 $ - $ 1,066,500 413 Water- Capital Projects Revenue $ 18,683,400 $ 22,420,800 $ 22,420,800 $ 22,658,800 $ 22,658,800 $ 22,658,800 $ 23,227,050 $ - $ 23,227,050 Expense $ 18,683,400 $ 22,420,800 $ 22,420,800 $ 22,658,800 $ 22,658,800 $ 22,658,800 $ 23,227,050 $ - $ 23,227,050 414 Water - Debt SerHce Revenue $ 1,502,600 $ 1,502,600 $ 1,502,600 $ 3,096,300 $ 3,096,300 $ 3,096,300 $ 3,096,300 $ - $ 3,096,300 Expense $ 1,502,600 $ 1,502,600 $ 1,502,600 $ 3,096,300 $ 3,096,300 $ 3,096,300 $ 3,096,300 $ - $ 3,096,300 421 Storm Drainage -Operations Revenue $ 5,215,200 $ 4,900,900 $ 4,900,900 $ 4,900,900 $ 4,900,900 $ 4,900,900 $ 5,030,900 $ - $ 5,030,900 Expense $ 5,215,200 $ 4,900,900 $ 4,900,900 $ 4,900,900 $ 4,900,900 $ 4,900,900 $ 5,030,900 $ - $ 5,030,900 422 Storm Drainage -Stabilization Revenue $ 536,800 $ 543,000 $ 543,000 $ 543,000 $ 543,000 $ 543,000 $ 543,000 $ - $ 543,000 Expense $ 536,800 $ 543,000 $ 543,000 $ 543,000 $ 543,000 $ 543,000 $ 543,000 $ - $ 543,000 423 Storm Drainage -Capital Projects Revenue $ 1,294,500 $ 893,200 $ 893,200 $ 893,200 $ 893,200 $ 893,200 $ 943,200 $ - $ 943,200 Expense $ 1,294,500 $ 893,200 $ 893,200 $ 893,200 $ 893,200 $ 893,200 $ 943,200 $ - $ 943,200 424 Storm Drainage -Debt Serme Revenue $ 355,300 $ 355,300 $ 355,300 $ 398,400 $ 398,400 $ 398,400 $ 398,400 $ - $ 398,400 Expense $ 355,300 $ 355,300 $ 355,300 $ 398,400 $ 398,400 $ 398,400 $ 398,400 $ - $ 398,400 431 Sewer -Operations Revenue $ 15,420,200 $ 17,306,100 $ 17,306,100 $ 17,306,100 $ 17,306,100 $ 17,306,100 $ 17,306,100 $ - $ 17,306,100 Expense $ 15,420,200 $ 17,306,100 $ 17,306,100 $ 17,306,100 $ 17,306,100 $ 17,306,100 $ 17,306,100 $ - $ 17,306,100 432 Sewer -Stabilization Revenue $ 1,430,000 $ 1,446,300 $ 1,446,300 $ 1,546,300 $ 1,546,300 $ 1,546,300 $ 1,546,300 $ - $ 1,546,300 Expense $ 1,430,000 $ 1,446,300 $ 1,446,300 $ 1,546,300 $ 1,546,300 $ 1,546,300 $ 1,546,300 $ - $ 1,546,300 433 Sewer- Capital Projects Revenue $ 29,024,200 $ 29,451,200 $ 29,451,200 $ 30,457,200 $ 30,457,200 $ 30,457,200 $ 31,207,200 $ - $ 31,207,200 Expense $ 29,024,200 $ 29,451,200 $ 29,451,200 $ 30,457,200 $ 30,457,200 $ 30,457,200 $ 31,207,200 $ - $ 31,207,200 434 Sewer - Debt Service Revenue $ 1,527,600 $ 1,536,500 $ 1,536,500 $ 1,927,200 $ 1,927,200 $ 1,927,200 $ 1,927,200 $ - $ 1,927,200 Expense $ 1,527,600 $ 1,536,500 $ 1,536,500 $ 1,927,200 $ 1,927,200 $ 1,927,200 $ 1,927,200 $ - $ 1,927,200 500 ER&R Revenue $ 6,928,200 $ 7,169,400 $ 7,169,400 $ 9,255,300 $ 9,255,300 $ 9,255,300 $ 9,490,300 $ 30,000 $ 9,520,300 Expense $ 6,928,200 $ 7,169,400 $ 7,169,400 $ 9,255,300 $ 9,255,300 $ 9,255,300 $ 9,490,300 $ 30,000 $ 9,520,300 632 Wastewater Treatment Facility Revenue $ 10,187,900 $ 10,334,900 $ 10,334,900 $ 10,334,900 $ 10,334,900 $ 10,334,900 $ 10,334,900 $ - $ 10,334,900 Expense $ 10,187,900 $ 10,334,900 $ 10,334,900 $ 10,334,900 $ 10,334,900 $ 10,334,900 $ 10,334,900 $ - $ 10,334,900 Grand Total Revenue $ 189,394,400 $ 224,927,800 $ 224,927,800 $ 241,510,500 $ 243,150,900 $ 243,150,900 $ 247,850,100 1 $ 215,0001 $ 248,065,100 Grand Total Expensel $ 189,394,400 $ 224,927,800 $ 224,927,800 $ 241,510,500 $ 243,150,900 $ 243,150,900 $ 247,850,100 1 $ 215,0001 $ 248,065,100 SECTION 2. Amended Salary Schedule. The 2024 Salary Schedule for authorized positions is amended to read as set out on Attachment A hereto and adopted herein by this reference. SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 4. 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 5. Publication. This Ordinance shall be published by an approved summary consisting of the title. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. 10954737.1 - 366922 - 0001 64 SECTION 6. Effective Date. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. 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 November 2024. Rob Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte Archer, City Attorney PUBLISHED: EFFECTIVE DATE: 10954737.1 - 366922 - 0001 65 i Personnel -. . Elected. -. Wages Mayor 1 Annual 123,911.41 Council Seats 1,4,5 3 Bi-Weekly 500 Council Seats 2,3,6 3 Monthly 1,000 Council At Large) 1 Bi-Weekly500 Total Elected 8.00 PositionsPersonnel City Clerk 1 50.15 58.15 Community Development Director 1 71.17 82.53 Finance Director 1 72.55 84.13 Human Resources Director 1 60.45 70.11 Chief of Police 1 76.71 88.97 Public Works Director 1 74.07 85.90 Total Mayoral Direct Reports 6.00 Deputy City Clerk 1 37.50 43.49 Human Resources Analyst 1 41.85 48.53 Human Resources Specialist 0 30.83 35.75 Total Administration 2.00 Deputy Finance Director 1 55.40 64.24 Accounting Assistant 1 1 28.65 33.22 Accounting Assistant II 4 31.96 37.06 Accounting Assistant III 2 38.90 45.11 Accounting Assistant III / ITSpecialist 1 40.26 46.69 Information Technology Manager 1 58.58 67.94 IT Support Specialist 1 37.99 44.05 Total Finance/IT 11.00 Deputy Director Community Development 1 54.29 62.97 Permit Center Manager 1 39.34 45.62 Permit Tech 2 32.01 37.12 Permit Clerk 2 29.54 34.28 Permit Center Assistant 0.70 26.03 30.19 Principal Planner 1 54.28 62.96 Senior Planner 1 46.50 53.91 Plans Exam iner/Building Inspector II 2 40.07 46.47 Associate Planner 1 40.15 46.56 Assistant Planner 1 35.42 41.08 Building Inspector 1 1 36.10 41.86 Code Enforcement Officer 1 1 30.64 35.56 Code Enforcement Officer II 1 38.83 45.04 Parking Enforcement Officer 2 PT 1 29.00 33.63 Total Community Development 16.70 Municipal Court Jude 0.60 Annual 123,380.28 Municipal Court Administrator 1 50.16 58.17 Lead Clerk 1 31.87 38.08 Court Clerk 2 26.93 32.15 Total Judicial 4.60 Deputy Police Chief 2 69.74 80.87 Police Services Coordinator 1 35.85 42.82 Police Services Specialist 3.70 26.80 31.99 Sergeant 5 53.72 59.48 Patrol Officer 19 36.04 49.48 Total Police Department 30.70 66 Personnel Personnel Positions City Engineer Position Listing 1 62.82 72.85 Assistant City Engineer 1 56.67 65.72 Operations and Utility Manager 1 54.70 63.44 Operations Supervisor 1 44.25 51.31 Utilitv Supervisor 1 44.25 51.31 Utilities Compliance Specialist 1 37.34 43.28 Civil Engineer II * 1 48.97 56.78 Civil Engineer I * 2 46.30 53.71 GIS/Asset Management Coordinator 1 41.90 48.60 Asset Management Technician 1 30.64 35.56 Public Works Procurement Specialist 1 38.95 45.16 Project Coordinator/Inspector 2 40.77 47.28 Public Works Administrative Specialist 1 32.01 37.12 Office Assistant II 0 29.67 34.41 Office Assistant 1 1 26.03 30.19 Lead Mechanic 1 35.69 42.62 Mechanic 1 33.26 39.72 Electrician 1 35.28 42.13 Public Works Lead 5 35.69 42.62 Maintenance Technician II 13 32.25 38.51 Maintenance Technician 1 2 24.02 28.69 Total Public Works 39.00 Minimum Maximum Seasonal Public Works Hourly 16.87 22.50 Intern Hourly 16.87 22.50 Temporary Employee Hourly 16.87 22.50 Grand Totals *Only 2 FTE's are funded in the 2023-2024 budget. However, 3 FTE's are listed above to provide for potential promotions. 67 2023-2024 Current 2023-2024 2023-2024 Amended • Biennial Budget Ord. Adjustments Biennial Budget 012-24 Beginning Fund Balance $ 71,128,012 $ - $ 71,128,012 Revenue $ 176,722,088 $ 215,000 $ 176,937,088 Expense $ 175,584,476 $ 245,000 $ 175,829,476 Ending Fund Balance $ 72,265,624 $ (30,000) $ 72,235,624 2023-2024 Current 2023-2024 2023-2024 Amended Biennial Budget Adjustments Biennial Budget Total Revenue $ 247,850,100 $ 215,000 $ 248,065,100 Total Expense $ 247,850,100 $ 215,000 $ 248,065,100 Governmental• (Operating, Stabilization,Special, Debt 2023-2024 Current 2023-2024 2023-2024 Amended Fund: 001 - Current Expense Biennial Budget Ord. Adjustments Biennial Budget 012-24 Beginning Fund Balance $ 14,319,782 $ $ 14,319,782 Revenue $ 33,054,418 $ $ 33,054,418 Expense $ 44,706,923 $ 30,000 $ 44,736,923 Police -Safe Boat Repairs $ 30,000 $ 30,000 Ending Fund Balance $ 2,667,277 $ (30,000) $ 2,637,277 Enterp ise Funds (Operating, Stabilization,•Capital) 7M 2023-2024 Current 2023-2024 2023-2024 Amended Fund: 411- Water Operating Biennial Budget Ord. Adjustments Biennial Budget 012-24 Beginning Fund Balance $ 3,838,287 $ - $ 3,838,287 Revenue $ 8,248,613 $ 185,000 $ 8,433,613 Investment Interest $ 185,000 $ 185,000 Expense $ 11,230,612 $ 185,000 $ 11,415,612 Well No.8 Chlorinator $ 95,000 $ 95,000 State Excise Taxes $ 60,000 $ 60,000 Well Repairs and Equipment $ 30,000 $ 30,000 Ending Fund Balance $ 856,288 1 $ - $ 856,288 2023-2024 Current 2023-2024 2023-2024 Amended Fund: 500 - Equipment Rental and Revolving Biennial Budget Ord. Adjustments Biennial Budget 012-24 Beginning Fund Balance $ 3,990,082 $ - $ 3,990,082 Revenue $ 5,500,218 $ 30,000 $ 5,530,218 Police -Safe Boat Repairs $ 30,000 Expense $ 5,555,300 $ 30,000 $ 5,585,300 Police -Safe Boat Repairs $ 30,000 Ending Fund Balance $ 3,935,000 $ - $ 3,935,000 M. Page 1 PersonnelPosition Elected Officials Positions Wages Mayor 1 Annual 123,911.41 Council Seats 1,4,5 3 Bi-Weekly 500 Council Seats 2,3,6 3 Monthly 1,000 Council At Large) 1 Bi-Weekly500 Total Elected 8.00 PositionsPersonnel City Clerk 1 50.15 58.15 Community Development Director 1 71.17 82.53 Finance Director 1 72.55 84.13 Human Resources Director 1 60.45 70.11 Chief of Police 1 76.71 88.97 P01iGe Ghmef 4- -F-Fi 74 9&.9t Public Works Director 1 74.07 85.90 Total Mayoral Direct Reports 6.00 Deputy City Clerk 1 37.50 43.49 Human Resources Analyst 1 41.85 48.53 Human Resources Specialist 0 30.83 35.75 Total Administration 2.00 Deputy Finance Director 1 55.40 64.24 Accounting Assistant 1 1 28.65 33.22 Accounting Assistant II 4 31.96 37.06 Accounting Assistant III 2 38.90 45.11 Accountinq Assistant III / ITSpecialist 1 40.26 46.69 Information Technology Manager 1 58.58 67.94 IT Support Specialist 1 37.99 44.05 Total Finance/IT 11.00 Deputy Director Community Development 1 54.29 62.97 Permit Center Manager 1 39.34 45.62 Permit Tech 2 32.01 37.12 Permit Clerk 2 29.54 34.28 Permit Center Assistant 0.70 26.03 30.19 Principal Planner 1 54.28 62.96 Senior Planner 1 46.50 53.91 Plans Examiner/Building Inspector 11 2 40.07 46.47 Associate Planner 1 40.15 46.56 Assistant Planner 1 35.42 41.08 Building Inspector 1 1 36.10 41.86 Code Enforcement Officer 1 1 30.64 35.56 Code Enforcement Officer II 1 38.83 45.04 Parking Enforcement Officer 2 PT 1 29.00 33.63 Total Community Development 16.70 Municipal Court Jude 0.60 Annual 123,380.28 Municipal Court Administrator 1 50.16 58.17 Lead Clerk 1 31.87 38.08 Court Clerk 2 26.93 32.15 Total Judicial 4.60 Deputy Police Chief 2 69.74 80.87 Police Services Coordinator 1 35.85 42.82 0 2-6-. 80 31,99 Police Services Specialist 3.70 26.80 31.99 Sergeant 5 53.72 59.48 Patrol Officer 19 36.04 49.48 Total Police Department 30.70 69 PositionsPersonnel City Engineer PositionPersonnel 1 62.82 72.85 Assistant City Engineer 1 56.67 65.72 Operations Manager 4- 52-. G5 68-.W Operations Manager 0 52-. A5 64.46 Utility Mapage-r- 4- 52-.G5 68-.36 Utility Manager 0 52-. A5 64.46 Operations and Utility Manager 1 54.70 63.44 Operations Supervisor 1 44.25 51.31 Utilitv Supervisor 1 44.25 51.31 Utilities Compliance Specialist 1 37.34 43.28 Civil Engineer II * 1 48.97 56.78 Civil Engineer 1 * 2 46.30 53.71 46.30 53-.74 GIS/Asset Management Coordinator 1 41.90 48.60 Asset Management Technician 1 30.64 35.56 Public Works Procurement Specialist 1 38.95 45.16 Project Coordinator/Inspector 2 40.77 47.28 Public Works Administrative Specialist 1 32.01 37.12 Office Assistant II 0 29.67 34.41 Office Assistant 1 1 26.03 30.19 Lead Mechanic 1 35.69 42.62 M is 2 33.26 36-.72 Mechanic 1 33.26 39.72 Electrician 1 35.28 42.13 Public Works Lead 5 35.69 42.62 MannteRaRGe Tonhnininn II 4-5 32-.-25 38.54 Maintenance Technician II 1 13 32.25 38.51 Maintenance Technician 1 2 24.02 28.69 Total Public Works 39.00 Minimum Maximum Seasonal Public Works Hourly 16.87 22.50 Intern Hourly 16.87 22.50 Temporary Employee Hourly 16.87 22.50 Grand Totals *Only 2 FTE's are funded in the 2023-2024 budget. However, 3 FTE's are listed above to provide for potential promotions. 70 0�4 City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Adoption of an Ordinance Establishing the 2025-2026 Biennial Budget (Crocker) Meeting Date: November 26, 2024 Prepared By: Noah Crocker, M.B.A., Finance Director Presenter: Noah Crocker, M.B.A., Finance Director Summary and Background: The Mayor of Port Orchard, in conjunction with Staff, prepared and placed on file with the City Clerk prior to October 1, 2024, a proposed budget and estimate of the amount of the monies required to meet the public expense, bond retirement and interest, reserve funds, and expenses of the government of the City for the biennial period ending December 31, 2026. As required, the City Council held public hearings on the preliminary budget and on revenue sources for the coming year's budget, including consideration of possible increases in property tax revenue. The Finance Committee and Council members met (in publicly noticed meetings open to the public) to study the proposed budget, and held budget interviews with the Mayor and department heads. Input was sought from the full Council on the proposed budget during multiple meetings, including on October 15, 2024, with further discussion and consideration on October 22, 2024, October 30, 2024, November 12,2024 and November 19, 2024. Public hearings, duly noticed, seeking public input on the proposed and final budget were held on October 22, 2024, and November 12, 2024. The 2025 — 2026 Biennial Budget does not exceed the lawful limit of taxation allowed by law to be levied on the property within the City of Port Orchard for the purposed described in the 2025 — 2026 Biennial Budget, and the estimated expenditures in each fund are all necessary to carry on the government of the City for the biennial period 2025 — 2026. The 2025 — 2026 Biennial Budget reflects department head requests, Mayor's priorities, the input of citizen comment, Finance Committee and City Council input and modifications. Relationship to Comprenhensive Plan: The 2025-2026 Biennial Budget supports the Comprehensive Plan. 71 Recommendation: The Council Finance Committee recommends approval of an Ordinance adopting the 2025 — 2026 Biennial Budget for the City of Port Orchard for the year 2025 and 2026. Motion for Consideration: I move to approve an Ordinance, adopting the 2025 — 2026 Biennial Budget and 2025 Salary Schedule. Has item been presented to Committee/Work Study? If so, which one: Work Study Fiscal Impact: Allows expenditures for the biennial period ending December 31, 2026. Alternatives: Adoption of the 2025 — 2026 Biennial Budget must take place prior to the beginning of the ensuing fiscal period. Attachments: 1) Ordinance-2025-2026_Biennial _Budget-Final.doc 1a) 2025-2026 Biennial Clean Salary Schedule -Master.pdf 2) Informational Final 2025-2026 Biennial Budget.pdf 3-Informational 2024.11.26 Final Capital Budget.pdf 4-Informational 2024.11.26-Redline Salary Schedule 2025-2026 Biennial.pdf 72 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING THE 2025-2026 BIENNIAL BUDGET AND SALARY SCHEDULE; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, Washington state law requires the City to adopt a budget and provides procedures for the filing of the budget, deliberations, public hearings and final adoption of the budget; and WHEREAS, consistent with those requirements, the City prepared the preliminary budget for the 2025-2026 biennium, submitted it to the City Clerk, and the City made the preliminary budget publicly available beginning October 1, 2024; and WHEREAS, the City Council Finance Committee met on October 15, 2024, to review the Mayor's proposed preliminary budget and made recommendations; and WHEREAS, the City Council held a publicly -noticed comprehensive work study session on the 2025-2026 preliminary budget on October 15, 2024, and made recommendations on the budget; and WHEREAS, a Notice of Public Hearing was published on October 15, 2024, and October 18, 2024, in the City's official newspaper, Kitsap Sun (print and online), and was posted on the City's website, notifying the public of a public hearing on revenue sources and the 2025-2026 Biennial Budget, held on October 22, 2024; and WHEREAS, consistent with this noticing, the City Council held a public hearing on revenue sources and the 2025-2026 Biennial Budget on October 22, 2024, to receive public input on city priorities, public safety enhancements, cultural and recreational opportunities, and other public services; and WHEREAS, the City Council adopted the 2025 Property Tax Levy at its public meeting on October 22, 2024; and WHEREAS, the City Council stated its support for increasing non -represented employees salary schedule by 3.8% to be included in the budget and salary adjustments will become effective starting the first full pay period of 2025, which starts January 12, 2025. WHEREAS, the Personnel List of represented employees were adjusted per the terms of the various applicable contracts; and 73 Ordinance No. Page 2 of 4 WHEREAS, the City Council recognizes certain employees have planned for retirement and the City desires to have the flexibility to hire replacements and train prior to their departure, this will cause a temporary overlap in full time equivalents (FTE) as part of this transition for the Permit Center Manager and Permit Tech position; and WHEREAS, the City Council further examined, discussed, and invited public comment on the 2025-2026 biennial budget at its public meetings on October 30, 2024, November 12, 2024 and November 19, 2024; and; WHEREAS, a Notice of Public Hearing was published on October 25, 2024, and November 1, 2024, in the Kitsap Sun (print and online), and was posted on the City's website, noticing a second public hearing on the 2025-2026 Biennial Budget, held on November 12, 2024; and WHEREAS, the City Council held a second public hearing on the 2025-2026 Biennial Budget on November 12, 2024 to receive public input on city priorities, public safety enhancements, cultural and recreational opportunities, and other public services; and WHEREAS, consistent with the public notices described herein, a copy of the 2025-2026 preliminary budget has been on file with the City Clerk and available to the public since October 1, 2024; and WHEREAS, this Ordinance includes the 2025-2026 comprehensive biennial final budget setting forth in summary form the totals of estimated revenues and appropriations of each separate fund and the aggregate totals of all such funds combined; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO 101.47_1I Z SECTION 1. The Budget of the City of Port Orchard for the 2025-2026 biennium, on file with the City Clerk and by this reference is incorporated herein as if set forth in full, is hereby adopted in its entirety. Estimated resources for the biennium, as set forth below, are hereby appropriated for expenditure at the fund level: 74 Ordinance No. Page 3 of 4 2025-2026 Biennial Budget Fund No. Fund Name Total Revenue Total Expense Appropriation Appropriation 001 Current Expense $ 38,648,000 $ 38,648,000 002 City Street $ 11,019,400 $ 11,019,400 003 Stabilization $ 3,285,000 $ 3,285,000 103 Criminal Justice $ 1,272,300 $ 1,272,300 104 Special Investigate Unit $ 104,000 $ 104,000 107 Community Events $ 479,400 $ 479,400 108 Paths & Trails $ 19,000 $ 19,000 109 Real Estate Excise Tax $ 9,481,900 $ 9,481,900 111 Impact Fee $ 17,230,600 $ 17,230,600 206 Bond Redemption Fund $ 2,997,300 $ 2,997,300 302 Capital Construction $ 4,942,100 $ 4,942,100 304 Street Capital Projects $ 22,097,500 $ 22,097,500 411 Water - Operations $ 11,536,700 $ 11,536,700 412 Water - Stabilization $ 1,150,000 $ 1,150,000 413 Water - Capital $ 13,359,800 $ 13,359,800 414 Water - Debt Service $ 3,858,000 $ 3,858,000 421 Storm Drainage- Operations $ 7,114,700 $ 7,114,700 422 Storm Drainage- Stabilization $ 665,000 $ 665,000 423 Storm Drainage- Capital $ 2,867,500 $ 2,867,500 424 Storm Drainage- Debt Service $ 665,700 $ 665,700 431 Sewer - Operations $ 18,484,500 $ 18,484,500 432 Sewer - Stabilization $ 1,670,000 $ 1,670,000 433 Sewer - Capital $ 20,894,800 $ 20,894,800 434 Sewer - Debt Service $ 3,652,100 $ 3,652,100 500 Equipment Rental & Revolving $ 9,644,700 $ 9,644,700 632 Wastewater Treatment Facil Fee $ 9,300,000 $ 9,300,000 Grand Total $ 216,440,000 $ 216,440,000 SECTION 2. Salary Schedule. The 2025 Salary Schedule for authorized positions is attached as Attachment A and hereby adopted, and the new positions, removed positions and salary adjustments will become effective starting the first full pay period of 2025, which starts January 12, 2025. 75 Ordinance No. Page 4 of 4 SECTION 3. Transmittal. The City Clerk shall transmit a complete, certified copy of the final budget as adopted to the state auditor and to the Association of Washington Cities per RCW 35.34.120. SECTION 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION S. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. 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 November 2024. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte Archer, City Attorney PUBLISHED: EFFECTIVE DATE: 76 Personnel Position Listing Elected Officials Positions Wages Ma or 1 Annual 128,620.04 Council Seats 1,4,5 3 Bi-Weekly 500 Council Seats 2,3,6 3 Monthly 1,000 Council At Large) 1 Bi-Weekly500 Total Elected 8.00 PositionsPersonnel City Clerk 1 52.06 60.36 Community Development Director 1 73.87 85.67 Finance Director 1 75.31 87.33 Human Resources Director 1 62.75 72.77 Chief of Police 1 79.62 92.35 Public Works Director 1 76.88 89.16 Total Mayoral Direct Reports 6.00 Deputy City Clerk 1 38.93 45.14 Human Resources Analyst 1 43.44 50.37 Human Resources Specialist 0 32.00 37.11 Total Administration 2.00 Deputy Finance Director 1 57.51 66.68 Accounting Assistant 1 1 29.74 34.48 Accounting Assistant II 4 33.17 38.47 Accounting Assistant III 2 40.38 46.82 Accounting Assistant III / ITSpecialist 1 41.79 48.46 Information Technology Manager 1 60.81 70.52 IT Support Specialist 1 39.43 45.72 Total Finance/IT 11.00 Deputy Director Community Development 1 56.35 65.36 Permit Center Manager ** 1 40.83 47.35 Permit Tech ** 2 33.23 38.53 Permit Clerk 2 30.66 35.58 Permit Center Assistant 0.70 27.02 31.34 Principal Planner 1 56.34 65.35 Senior Planner 1 48.27 55.96 Plans Exam iner/Building Inspector II 1 41.59 48.24 Associate Planner 1 41.68 48.33 Assistant Planner 1 36.77 42.64 Building Inspector 1 1 37.47 43.45 Code Enforcement Officer 1 1 31.80 36.91 Code Enforcement Officer II 1 40.31 46.75 Parking Enforcement Officer 2 PT 1.40 30.10 34.91 Total Community Development 16.10 Municipal Court Jude 0.60 Annual 128 068.73 Municipal Court Administrator 1 52.07 60.38 Lead Clerk 1 33.08 39.53 Court Clerk 1 27.95 33.37 Total Judicial 3.60 Deputy Police Chief 2 72.39 83.94 Police Services Coordinator 1 37.21 44.45 Police Services Specialist 3.70 27.82 33.21 Sergeant 5 53.72 59.48 Patrol Officer 19 36.04 49.48 Total Police Department 30.70 77 PositionsPersonnel PositionPersonnel City Engineer 1 65.21 75.62 Assistant City Engineer 1 58.82 68.22 Operations and Utility Manager 1 56.78 65.85 Operations Supervisor 1 45.93 53.26 Utility Supervisor 1 45.93 53.26 Utilities Compliance Specialist 1 38.76 44.92 Civil Engineer II * 1 50.83 58.94 Civil Engineer 1 2 48.06 55.75 GIS/Asset Management Coordinator 1 43.49 50.45 Asset Management Technician 1 31.80 36.91 Public Works Procurement Specialist 1 40.43 46.88 Project Coordinator/Inspector 2 42.32 49.08 Public Works Administrative Specialist 1 33.23 38.53 Office Assistant II 0 30.80 35.72 Office Assistant 1 1 27.02 31.34 Lead Mechanic 1 37.05 44.24 Mechanic 1 34.52 41.23 Electrician 1 36.62 43.73 Public Works Lead 5 37.05 44.24 Maintenance Technician II 16 33.48 39.97 Maintenance Technician 1 2 24.93 29.78 Total Public Works 42.00 Minimum Maximum Seasonal Public Works Hourly 22.76 24.18 Intern Hourly 21.02 23.36 Temporary Employee Hourly 21.02 23.36 Grand Totals MULL UI *Only 2 FTE's are funded in the 2025-2026 budget. However, 3 FTE's are listed above to provide for potential promotions. **Planned Retirement will cause a temporary overlap in full time equivalents (FTE) for the Permit Center Manager and Permit Tech position 78 ORCHARD ... NOW mpr�-� imir 2025-2026 Final Biennial Budget 79 2025-2026 Biennial Budget Fund No. Fund Name Total Revenue Total Expense Appropriation Appropriation 001 Current Expense $ 38,648,000 $ 38,648,000 002 City Street $ 11,019,400 $ 11,019,400 003 Stabilization $ 3,285,000 $ 3,285,000 103 Criminal Justice $ 1,272,300 $ 1,272,300 104 Special Investigate Unit $ 104,000 $ 104,000 107 Community Events $ 479,400 $ 479,400 108 Paths & Trails $ 19,000 $ 19,000 109 Real Estate Excise Tax $ 9,481,900 $ 9,481,900 111 Impact Fee $ 17,230,600 $ 17,230,600 206 Bond Redemption Fund $ 2,997,300 $ 2,997,300 302 Capital Construction $ 4,942,100 $ 4,942,100 304 Street Capital Projects $ 22,097,500 $ 22,097,500 411 Water - Operations $ 11,536,700 $ 11,536,700 412 Water - Stabilization $ 1,150,000 $ 1,150,000 413 Water - Capital $ 13,359,800 $ 13,359,800 414 Water - Debt Service $ 3,858,000 $ 3,858,000 421 Storm Drainage- Operations $ 7,114,700 $ 7,114,700 422 Storm Drainage- Stabilization $ 665,000 $ 665,000 423 Storm Drainage- Capital $ 2,867,500 $ 2,867,500 424 Storm Drainage- Debt Service $ 665,700 $ 665,700 431 Sewer - Operations $ 18,484,500 $ 18,484,500 432 Sewer - Stabilization $ 1,670,000 $ 1,670,000 433 Sewer - Capital $ 20,894,800 $ 20,894,800 434 Sewer - Debt Service $ 3,652,100 $ 3,652,100 500 Equipment Rental & Revolving $ 9,644,700 $ 9,644,700 632 Wastewater Treatment Facil Fee $ 9,300,000 $ 9,300,000 Grand Total $ 216,440,000 $ 2165440,000 80 Fund Summary 2023-2024Current 2025-2026Preliminary 2025-2026Final Preliminary to Final Biennial Budget Biennial Budget Biennial Budget Changes Grand Total Beginning Fund Balance $ 71,128,012 $ 69,804,762 $ 72,344,762 $ (2,540,000) Revenue $ 176,722,088 $ 144,027,823 $ 144,095,238 $ (67,415) Expense $ 175,584,476 $ 155,950,644 $ 158,894,210 $ (2,943,566) Ending Fund Balance $ 72,265,624 $ 57,881,941 $ 57,545,790 $ 336,151 Fund: 001 - Current Expense Beginning Fund Balance $ 14,319,782 $ 9,036,042 $ 9,036,042 $ Revenue $ 33,054,418 $ 29,611,955 $ 29,611,958 $ (: Expense $ 44,706,923 $ 35,574,997 $ 35,618,597 $ (43,60C Ending Fund Balance $ 2,667,277 $ 3,073,000 $ 3,029,403 $ 43,597 Fund: 002 - City Street Fund Beginning Fund Balance $ 2,771,168 $ 3,329,000 $ 3,329,000 $ - Revenue $ 6,814,132 $ 7,430,439 $ 7,690,400 $ (259,961 Expense $ 7,443,312 $ 9,752,439 $ 10,062,439 $ (310,00C Ending Fund Balance $ 2,141,988 $ 1,007,000 $ 956,961 $ 50,03£ Fund: 003 - Stabilization Fund Beginning Fund Balance $ 2,740,960 $ 3,155,000 $ 3,155,000 $ - Revenue $ 180,040 $ 130,000 $ 130,000 $ Expense $ - $ - $ - $ Ending Fund Balance $ 2,921,000 $ 3,285,000 $ 3,285,000 $ Fund: 103 - Criminal Justice Beginning Fund Balance $ 647,725 $ 395,000 $ 395,000 $ Revenue $ 775,075 $ 877,300 $ 877,300 $ Expense $ 1,267,000 $ 1,207,340 $ 1,207,340 $ Ending Fund Balance $ 155,800 $ 64,960 $ 64,960 $ Fund: 104 - Special Investigative Unit Beginning Fund Balance $ 98,895 $ 104,000 $ 104,000 $ Revenue $ 8,005 $ - $ - $ Expense $ 8,000 $ 8,000 $ 8,000 $ Ending Fund Balance $ 98,900 $ 96,000 $ 96,000 $ Fund: 107 - Community Events Beginning Fund Balance $ 321,780 $ 275,000 $ 275,000 $ Revenue $ 227,420 $ 204,400 $ 204,400 $ Expense $ 252,400 $ 204,400 $ 204,400 $ Ending Fund Balance $ 296,800 $ 275,000 $ 275,000 $ Fund: 108 - Paths & Trails Beginning Fund Balance $ 13,784 $ 17,000 $ 17,000 $ Revenue $ 2,016 $ 2,000 $ 2,000 $ Expense $ - $ - $ - $ Ending Fund Balance $ 15,800 $ 19,000 $ 19,000 $ Fund: 109 - Real Estate Excise Tax Beginning Fund Balance $ 4,182,707 $ 6,281,000 $ 6,281,000 $ Revenue $ 3,833,093 $ 3,200,900 $ 3,200,900 $ Expense $ 5,213,485 $ 8,249,300 $ 8,249,300 $ Ending Fund Balance $ 2,802,315 $ 1,232,600 $ 1,232,600 $ 81 Fund Summary 2023-2024Current Biennial Budget 2025-2026Preliminary Biennial Budget 2025-2026Final Biennial Budget Preliminary to Final Changes Fund: 111- Impact Mitigation Fee Beginning Fund Balance $ 5,304,555 $ 10,647,000 $ 10,647,000 $ - Revenue $ 10,877,245 $ 6,583,569 $ 6,583,600 $ (31) Expense $ 7,669,140 $ 6,195,520 $ 6,250,551 $ (55,031) Ending Fund Balance $ 8,512,660 $ 11,035,049 $ 10,980,049 $ 55,000 Fund: 206 - Bond Redemption Fund Beginning Fund Balance $ - $ 504,400 $ 504,400 $ - Revenue $ 1,797,400 $ 2,492,900 $ 2,492,900 $ Expense $ 1,295,810 $ 1,997,300 $ 1,997,300 $ Ending Fund Balance $ 501,590 $ 1,000,000 $ 1,000,000 $ Fund: 302 - Capital Construction Beginning Fund Balance $ 547,631 $ 1,269,800 $ 2,769,800 $ (1,500,000) Revenue $ 22,338,669 $ 2,172,300 $ 2,172,300 $ Expense $ 22,138,100 $ 3,242,100 $ 4,742,100 $ (1,500,000) Ending Fund Balance $ 748,200 $ 200,000 $ 200,000 $ Fund: 304- Street Capital Projects Beginning Fund Balance $ 2,299,051 $ 1,107,220 $ 1,107,220 $ - Revenue $ 16,490,299 $ 21,565,280 $ 20,990,280 $ 575,000 Expense $ 15,914,725 $ 22,272,500 $ 21,697,500 $ 575,000 Ending Fund Balance $ 2,874,625 $ 400,000 $ 400,000 $ - Fund: 411- Water Operating Beginning Fund Balance $ 3,838,287 $ 2,720,000 $ 2,720,000 $ - Revenue $ 8,248,613 $ 8,816,690 $ 8,816,700 $ (10) Expense $ 11,230,612 $ 10,638,383 $ 10,733,383 $ (95,000) Ending Fund Balance $ 856,288 $ 898,307 $ 803,317 $ 94,990 Fund: 412- Water Stabilization Beginning Fund Balance $ 966,406 $ 1,150,000 $ 1,150,000 $ - Revenue $ 100,094 $ - $ - $ Expense $ - $ - $ - $ Ending Fund Balance $ 1,066,500 $ 1,150,000 $ 1,150,000 $ Fund: 413 - Water Capital Beginning Fund Balance $ 7,558,941 $ 2,856,000 $ 2,856,000 $ Revenue $ 15,668,109 $ 10,503,800 $ 10,503,800 $ Expense $ 13,120,870 $ 9,068,050 $ 9,068,050 $ Ending Fund Balance $ 10,106,180 $ 4,291,750 $ 4,291,750 $ Fund: 414- Water Debt Service Beginning Fund Balance $ - $ 1,150,900 $ 1,150,900 $ Revenue $ 3,096,300 $ 2,707,100 $ 2,707,100 $ Expense $ 1,840,570 $ 2,707,000 $ 2,707,000 $ Ending Fund Balance $ 1,255,730 $ 1,151,000 $ 1,151,000 $ w, Fund Summary 2023-2024Current Biennial Budget 2025-2026Preliminary Biennial Budget 2025-2026Final Biennial Budget Preliminary to Final Changes Fund: 421- Storm Drainage Utility Beginning Fund Balance $ 1,410,718 $ 1,470,000 $ 1,470,000 $ Revenue $ 3,620,182 $ 5,644,745 $ 5,644,700 $ 45 Expense $ 4,710,574 $ 5,885,945 $ 5,885,900 $ 45 Ending Fund Balance $ 320,326 $ 1,228,800 $ 1,228,800 $ Fund: 422 - Storm Drainage Stabilization Beginning Fund Balance $ 542,966 $ 590,000 $ 590,000 $ - Revenue $ 34 $ 375,000 $ 75,000 $ 300,000 Expense $ - $ - $ - $ - Ending Fund Balance $ 543,000 $ 965,000 $ 665,000 $ 300,000 Fund: 423 - Storm Drainage Capital Facil Beginning Fund Balance $ 593,137 $ 430,000 $ 430,000 $ - Revenue $ 350,063 $ 1,755,000 $ 2,437,500 $ (682,500) Expense $ 850,000 $ 985,000 $ 1,460,000 $ (475,000) Ending Fund Balance $ 93,200 $ 1,200,000 $ 1,407,500 $ (207,500) Fund: 424 - Storm Drainage Debt Service Beginning Fund Balance $ - $ - $ - $ Revenue $ 398,400 $ 665,700 $ 665,700 $ Expense $ 398,350 $ 442,700 $ 442,700 $ Ending Fund Balance $ 50 $ 223,000 $ 223,000 $ Fund: 431- Sewer Operating Beginning Fund Balance $ 5,908,675 $ 6,040,000 $ 6,040,000 $ Revenue $ 11,397,425 $ 12,444,520 $ 12,444,500 $ 20 Expense $ 12,062,934 $ 14,507,520 $ 14,507,500 $ 20 Ending Fund Balance $ 5,243,166 $ 3,977,000 $ 3,977,000 $ Fund: 432 - Sewer Stabilization Beginning Fund Balance $ 1,446,270 $ 1,670,000 $ 1,670,000 $ Revenue $ 100,030 $ - $ - $ Expense $ - $ - $ - $ Ending Fund Balance $ 1,546,300 $ 1,670,000 $ 1,670,000 $ Fund: 433 - Sewer Capital Beginning Fund Balance $ 5,782,756 $ 1,103,000 $ 2,143,000 $ (1,040,000) Revenue $ 25,424,444 $ 18,751,825 $ 18,751,800 $ 25 Expense $ 17,162,900 $ 16,119,950 $ 17,159,950 $ (1,040,000) Ending Fund Balance $ 14,044,300 $ 3,734,875 $ 3,734,850 $ 25 Fund: 434 - Sewer Debt Service Beginning Fund Balance $ 558,878 $ 1,488,600 $ 1,488,600 $ Revenue $ 1,368,322 $ 2,163,500 $ 2,163,500 $ Expense $ 491,470 $ 2,163,100 $ 2,163,100 $ Ending Fund Balance $ 1,435,730 $ 1,489,000 $ 1,489,000 $ 83 Fund Summary 2023-2024Current Biennial Budget 2025-2026Preliminary Biennial Budget 2025-2026Final Biennial Budget Preliminary to Final Changes Fund: 500 - Equipment Rental and Revolving Beginning Fund Balance $ 3,990,082 $ 5,715,800 $ 5,715,800 $ Revenue $ 5,500,218 $ 3,928,900 $ 3,928,900 $ Expense $ 5,555,300 $ 4,329,100 $ 4,329,100 $ Ending Fund Balance $ 3,935,000 $ 5,315,600 $ 5,315,600 $ Fund: 632 - Wastewater Treatment Facil Fee Beginning Fund Balance $ 5,282,855 $ 7,300,000 $ 7,300,000 $ Revenue $ 5,052,045 $ 2,000,000 $ 2,000,000 $ Expense $ 2,252,000 $ 400,000 $ 400,000 $ Ending Fund Balance $ 8,082,900 $ 8,900,000 $ 8,900,000 $ 84 2025-2026 Biennial Budget Fund Detai 2025 2026 Account Number Account Name 2025 3-Final 2026 3-Final Fund: 001- Current Expense Revenue Department: 00 - Revenues 001.00.311.10.00 General Property Taxes 2,652,000.00 2,678,520.00 001.00.313.11.00 Local Retail Sales & Use Tax 7,300,000.00 7,665,000.00 001.00.313.27.00 Affordable & Supportive Housing 40,000.00 40,000.00 001.00.316.41.00 Utility Tax - Electric 904,000.00 904,000.00 001.00.316.42.00 Utility Tax -Water 268,000.00 280,000.00 001.00.316.43.00 Utility Tax - Gas 360,000.00 360,000.00 001.00.316.44.00 Utility Tax - Sewer 388,000.00 406,000.00 001.00.316.45.00 Utility Tax - Garbage 214,000.00 214,000.00 001.00.316.46.00 Utility Tax -Television Cabl 130,000.00 130,000.00 001.00.316.47.00 Utility Tax - Telephone 207,000.00 207,000.00 001.00.316.48.00 Utility Tax - Storm Drainage 128,400.00 168,000.00 001.00.316.81.00 Punch BoardsAnd Pull Tabs 50,000.00 50,000.00 001.00.317.20.00 Leasehold Excise Taxes 57,000.00 57,000.00 001.00.321.30.00 Police & Protective Svs 1,000.00 1,000.00 001.00.321.70.00 Lic & Permits - Amusements 1,000.00 1,000.00 001.00.321.99.00 Other Business Licenses & Pmt 87,000.00 87,000.00 001.00.321.99.02 Vendor Permits 2,000.00 2,000.00 001.00.322.10.00 Lic & Per - Bldgs, Struct,Equ 750,000.00 750,000.00 001.00.322.10.01 Bldg Pmt Technology Fee 10,000.00 10,000.00 001.00.322.90.00 Lic & Permits - Other Non -Bus 2,000.00 2,000.00 001.00.336.00.84 Vessel Registration Fees 7,000.00 7,000.00 001.00.336.06.42 Marijuana Excise Tax Distribut 70,000.00 70,000.00 001.00.336.06.94 Liquor Excise Tax 100,000.00 100,000.00 001.00.336.06.95 Liquor Control Board Profits 119,000.00 119,000.00 001.00.341.33.00 Municipal CourtAdmin Fees 3,500.00 3,500.00 001.00.341.81.00 Other Word Processing & Print 1,600.00 1,600.00 001.00.341.93.00 Janitorial/Maintenance/Building Service 11,400.00 0.00 001.00.341.95.00 Legal Services 500.00 500.00 001.00.342.33.00 Adult Probation Service Charg 45,000.00 45,000.00 001.00.342.50.00 Emergency Service Fees 4,000.00 4,000.00 001.00.345.81.00 Zoning & Subdivision Fees 30,000.00 30,000.00 001.00.345.83.00 Plan Checking Fees 350,000.00 350,000.00 001.00.345.83.01 Plan Checking Fees -Fire 10,000.00 10,000.00 001.00.345.89.00 Other Planning&Dev Fees & Chg 10,000.00 10,000.00 001.00.345.89.01 Other Plann Fees Hearing Exam 8,000.00 8,000.00 001.00.353.10.00 Traffic Infraction Penalties 50,000.00 50,000.00 001.00.353.70.00 Non -Traffic Infraction Penalt 1,000.00 1,000.00 001.00.354.00.00 Civil Parking Infraction Pena 40,000.00 40,000.00 001.00.355.20.03 Criminal Conviction Fee -DUI 1,000.00 1,000.00 001.00.355.80.02 Criminal Conviction Fee-Traffi 15,000.00 15,000.00 001.00.356.50.00 Investigative FunclAssessment 4,000.00 4,000.00 001.00.357.33.00 Public Defense Cost 6,500.00 6,500.00 001.00.361.11.00 Investment Interest 20,038.07 20,000.00 001.00.361.40.00 Interest On Contracts,Notes,T 1,500.00 1,500.00 001.00.361.40.01 Interest Collected Municipl C 5,000.00 5,000.00 001.00.362.50.00 Space & Facil Leases Long -Ter 115,700.00 115,700.00 Total Department: 00 - Revenues: 14,581,138.07 15,030,820.00 Department: 08 - Estimated Beginning Cash 001.08.308.91.00 Unassigned Beginning Cash & Investments 9,036,041.93 0.00 Total Department: 08 - Estimated Beginning Cash: 9,036,041.93 0.00 Total Revenue: 23,617,180.00 15,030,820.00 Expense Department: 01- Finance 001.01.514.23.10 Salaries - Financial Services 356,888.38 377,977.32 001.01.514.23.20 Benefits - Financial Services 118,868.80 131,784.90 001.01.514.23.30 Supplies - Financial Services 7,000.00 7,000.00 001.01.514.23.40 Services - Financial Services 134,300.00 99,300.00 001.01.518.88.10 Salaries - IT Services 207,188.33 220,912.78 85 2025-2026 Biennial Budget Fund Detai 001.01.518.88.20 Benefits -IT Services 70,900.00 78,785.38 001.01.518.88.30 Supplies -IT Services 44,600.00 46,100.00 001.01.518.88.40 Services - IT Services 268,600.00 294,370.00 Total Department: 01- Finance: 1,208,345.51 1,256,230.38 Department: 02 - Court 001.02.512.50.10 Salaries - Court 421,800.00 446,060.29 001.02.512.50.20 Benefits - Court 180,700.00 199,824.15 001.02.512.50.30 Supplies - Court 9,000.00 9,000.00 001.02.512.50.40 Services - Court 52,300.00 52,300.00 Total Department: 02 - Court: 663,800.00 707,184.44 Department: 03 - Law Enforcement 001.03.521.10.10 Salaries - PD Admin 833,800.00 887,600.00 001.03.521.10.20 Benefits - PD Admin 343,200.00 376,100.00 001.03.521.10.30 Supplies - PD Admin 18,000.00 15,000.00 001.03.521.10.40 Services- PD Admin 271,900.00 295,200.00 001.03.521.21.10 Salaries - Investigation 146,900.00 154,116.57 001.03.521.21.20 Benefits - Investigation 63,349.01 69,387.03 001.03.521.21.30 Supplies - Investigation 6,500.00 4,500.00 001.03.521.21.40 Services- Investigation 36,200.00 56,500.00 001.03.521.22.10 Salaries - Patrol 2,261,573.19 2,428,439.11 001.03.521.22.20 Benefits - Patrol 915,121.23 1,010,183.69 001.03.521.22.30 Supplies - Patrol 41,750.00 35,050.00 001.03.521.22.40 Services -Patrol 255,200.00 274,600.00 001.03.521.23.10 Salaries - Marine Patrol 33,747.06 34,433.14 001.03.521.23.20 Benefits - Marine Patrol 9,198.02 9,674.06 001.03.521.23.30 Supplies - Marine Patrol 4,900.00 1,500.00 001.03.521.23.40 Services- Marine Patrol 65,140.00 74,040.00 001.03.521.25.10 Salaries - Gambling 112,000.00 117,600.00 001.03.521.25.20 Benefits - Gambling 40,000.00 43,900.00 001.03.521.25.30 Supplies - Gambling 800.00 800.00 001.03.521.25.40 Services- Gambling 800.00 800.00 001.03.521.30.10 Salaries - Crime Preven. 114,800.00 120,500.00 001.03.521.30.20 Benefits - Crime Preven. 46,000.00 50,500.00 001.03.521.30.30 Supplies - Crime Preven. 3,000.00 3,000.00 001.03.521.30.40 Services- Crime Preven. 11,700.00 25,200.00 001.03.521.40.30 Supplies -Training 18,000.00 18,000.00 001.03.521.40.40 Services - Training 100,500.00 92,000.00 001.03.521.50.30 Supplies - PD Facilities 2,000.00 2,000.00 001.03.521.50.40 Services - PD Facilities 39,540.00 39,540.00 001.03.521.70.10 Salaries - Traffic 236,017.56 247,747.64 001.03.521.70.20 Benefits - Traffic 98,746.52 108,319.56 001.03.521.70.30 Supplies - Traffic 16,500.00 5,000.00 001.03.521.70.40 Services - Traffic 19,500.00 31,600.00 001.03.521.80.10 Salaries - Property and Evidence Room 49,500.00 52,000.00 001.03.521.80.20 Benefits - Property and Evidence Room 11,100.00 12,300.00 001.03.521.80.30 Supplies - Property and Evidence Room 5,000.00 5,000.00 001.03.521.80.40 Services - Property and Evidence Room 8,000.00 8,000.00 001.03.523.60.30 Supplies - Care/Custody Prison 1,000.00 1,000.00 001.03.523.60.40 Services - Care/Custody Prison 420,000.00 420,000.00 001.03.525.10.40 Services - Disaster Administration 30,000.00 30,000.00 001.03.525.60.30 Supplies - Disaster Preparedness 2,000.00 2,000.00 001.03.525.60.40 Services- Disaster Preparedness 1,000.00 1,000.00 Total Department: 03 - Law Enforcement: 6,693,982.59 7,164,130.80 Department: 04 - Community Development 001.04.517.91.30 Supplies -Commute Trip Red. 100.00 100.00 001.04.517.91.40 Services -Commute Trip Red. 1,000.00 1,000.00 001.04.521.70.10 Salaries -Parking Enforcement 121,500.00 128,800.00 001.04.521.70.20 Benefits- Parking Enforcement 40,400.00 44,600.00 001.04.521.70.30 Supplies -Parking Enforcement 1,500.00 1,000.00 001.04.524.20.10 Salaries - Build Insp. 506,736.40 498,099.60 001.04.524.20.20 Benefits - Build Insp. 204,231.40 201,020.00 001.04.524.20.30 Supplies - Build Insp. 7,975.00 11,800.00 001.04.524.20.40 Services - Build Insp. 455,955.00 289,075.00 001.04.558.60.10 Salaries - Planning 1,062,988.51 1,103,199.91 001.04.558.60.20 Benefits - Planning 434,781.37 467,619.93 86 2025-2026 Biennial Budget Fund Detai 001.04.558.60.30 Supplies - Planning 3,975.00 3,975.00 001.04.558.60.40 Services - Planning 138,110.00 116,460.00 001.04.559.30.10 Salaries - Property Developmen 41,170.00 40,800.00 001.04.559.30.20 Benefits - Property Developmen 14,745.00 14,900.00 001.04.559.30.30 Supplies - Property Development 1,500.00 1,500.00 001.04.559.30.40 Services - Property Development 105,000.00 105,000.00 001.04.575.50.40 Services - Community Center 151,100.00 0.00 Total Department: 04 - Community Development: 3,292,767.68 3,028,949.44 Department: 05 - Public Works 001.05.518.20.10 Salaries - Engineering 62,767.76 66,476.03 001.05.518.20.20 Benefits - Engineering 21,166.75 23,450.53 001.05.518.20.30 Supplies - Engineering 1,000.00 1,000.00 001.05.518.20.40 Services- Engineering 169,550.00 147,950.00 001.05.518.30.10 Salaries - Facilities 221,266.88 237,315.14 001.05.518.30.20 Benefits - Facilities 89,786.50 99,946.14 001.05.518.30.30 Supplies - Facilities 16,500.00 16,500.00 001.05.518.30.40 Services- Facilities 620,300.00 628,300.00 001.05.572.50.10 Salaries - Library 2,000.00 2,000.00 001.05.572.50.20 Benefits - Library 900.00 900.00 001.05.572.50.30 Supplies - Library 2,000.00 2,000.00 001.05.572.50.40 Services- Library 25,300.00 25,300.00 001.05.576.80.10 Salaries - Parks 424,616.08 449,911.49 001.05.576.80.20 Benefits - Parks 171,365.25 189,544.99 001.05.576.80.30 Supplies - Parks 46,500.00 44,000.00 001.05.576.80.40 Services - Parks 383,195.00 391,965.00 001.05.594.18.60 Capital Outlay-Engineering/Facilities 6,000.00 0.00 001.05.594.76.60 Capital Expenditures -Parks 6,000.00 11,000.00 Total Department: 05 - Public Works: 2,270,214.22 2,337,559.32 Department: 06 - Miscellaneous 001.06.597.00.00 Transfers Out 1,863,000.00 900,000.00 Total Department: 06 - Miscellaneous: 1,863,000.00 900,000.00 Department: 07 - Administration 001.07.511.30.10 Salaries - Official Pub. Sry 148,400.00 155,800.00 001.07.511.30.20 Benefits - Official Pub. Sry 47,500.00 52,400.00 001.07.511.30.30 Supplies - Official Pub. Sry 350.00 350.00 001.07.511.30.40 Services- Official Pub. Sry 10,075.00 10,075.00 001.07.511.60.10 Salaries - Legistlative Sry 145,500.00 152,755.40 001.07.511.60.20 Benefits - Legistlative Sry 35,600.00 39,221.65 001.07.511.60.30 Supplies - Legislative Sry 1,075.00 1,075.00 001.07.511.60.40 Services - Legislative Sry 39,490.00 46,315.00 001.07.511.70.40 Services- Lobbying Activities 54,975.00 56,550.00 001.07.513.10.10 Salaries - ExecAdmin 135,600.00 142,000.00 001.07.513.10.20 Benefits - ExecAdmin 49,020.00 53,920.00 001.07.513.10.30 Supplies - Exec Admin 550.00 550.00 001.07.513.10.40 Services- Exec Admin 32,700.00 32,700.00 001.07.514.30.10 Salaries - Record Sry 13,100.00 13,700.00 001.07.514.30.20 Benefits - Record Sry 4,100.00 4,500.00 001.07.514.30.30 Supplies - Record Sry 900.00 1,000.00 001.07.514.30.40 Services - Record Sry 41,825.00 43,150.00 001.07.514.40.40 Services - Election Costs 90,000.00 25,000.00 001.07.514.90.40 Services - Voter Registration 25,000.00 35,000.00 001.07.515.41.40 External Legal Services -Advice 334,000.00 329,000.00 001.07.515.45.40 External Legal Services -Claims & Litigation 142,800.00 148,512.00 001.07.515.91.40 Services - Legal Indigent Def 166,520.00 178,172.00 001.07.517.90.30 Supplies- Employee Wellness 2,000.00 2,000.00 001.07.517.90.40 Services- Employee Wellness 1,000.00 1,000.00 001.07.518.10.10 Salaries - Personnel Services 150,600.00 161,733.80 001.07.518.10.20 Benefits - Personnel Services 47,800.00 53,533.52 001.07.518.10.30 Supplies - Personnel Services 1,100.00 1,100.00 001.07.518.10.40 Services - Personnel Services 45,400.00 50,400.00 001.07.518.90.40 Services - Other Central Svr 15,325.00 16,906.25 001.07.551.00.40 Services - Public Housing 85,000.00 85,000.00 001.07.553.70.40 Services - Pollution Control 14,182.00 15,500.00 001.07.554.30.40 Services - Animal Control 58,380.00 61,500.00 001.07.558.70.40 Services- Economic Development 30,000.00 30,000.00 87 2025-2026 Biennial Budget Fund Detai 001.07.562.00.40 Services - Public Health 001.07.566.00.40 Services - Substance Abuse 001.07.573.90.10 Salaries -Chimes & Lights 001.07.573.90.20 Benefits -Chimes & Lights 001.07.573.90.30 Supplies -Chimes & Lights 001.07.573.90.40 Services -Chimes & Lights Total Department: 07 - Administration: Department: 09 - Estimated Ending Cash 001.09.508.91.00 Unassigned Ending Cash & Investments Total Department: 09 - Estimated Ending Cash: Fund: 002 - City Street Fund Revenue Department: 00 - Revenues 002.00.311.10.00 002.00.313.21.00 002.00.317.60.00 002.00.322.40.00 002.00.334.03.80 002.00.336.00.87 002.00.361.11.00 002.00.397.00.00 79,200.00 81,896.00 6,000.00 6,000.00 20,000.00 20,000.00 9,000.00 9,000.00 7,850.00 7,500.00 7,000.00 8,700.00 2,098,917.00 2,133,515.62 0.00 3,029,403.00 0.00 3,029,403.00 Total Expense: 18,091,027.00 20,556,973.00 Total Fund: 001- Current Expense: General Property Taxes Public Transportation Tax TBD Vehicle Fees StreetAnd Curb Permits State Grant from TIB Motor Veh Fuel Tax - Street Investment Interest Transfers In Total Department: 00 - Revenues 5,526,153.00-5,526,153.00 1,428,000.00 1,442,280.00 750,000.00 750,000.00 225,000.00 225,000.00 5,000.00 5,000.00 200,000.00 0.00 295,000.00 295,000.00 18,766.00 254.00 1,151,100.00 900,000.00 4,072,866.00 3,617,534.00 Department: 08 - Estimated Beginning Cash 002.08.308.51.01 Assigned Beginning Cash & Investments 3,329,000.00 0.00 Total Department: 08 - Estimated Beginning Cash: 3,329,000.00 0.00 Total Revenue: 7,401,866.00 3,617,534.00 Expense Department: 05 - Public Works 002.05.542.30.10 Salaries - Roadway 9,500.00 9,800.00 002.05.542.30.20 Benefits - Roadway 2,100.00 2,300.00 002.05.542.30.30 Supplies - Roadway 58,000.00 58,000.00 002.05.542.30.40 Services -Roadway 927,000.00 17,000.00 002.05.542.50.10 Salaries - Bridges 1,500.00 1,500.00 002.05.542.50.20 Beneifts - Bridges 700.00 700.00 002.05.542.50.30 Supplies - Bridges 700.00 700.00 002.05.542.50.40 Services - Bridges 88,000.00 88,000.00 002.05.542.61.10 Salaries - Sidewalks 15,000.00 15,000.00 002.05.542.61.20 Benefits - Sidewalks 6,000.00 6,000.00 002.05.542.61.30 Supplies - Sidewalks 2,000.00 2,000.00 002.05.542.61.40 Services -Sidewalks 50,000.00 35,000.00 002.05.542.62.10 Salaries - Paths & Trails 7,000.00 7,000.00 002.05.542.62.20 Benefits - Paths & Trails 2,800.00 2,800.00 002.05.542.62.30 Supplies - Paths & Trails 37,500.00 2,500.00 002.05.542.62.40 Services - Paths & Trails 5,000.00 5,000.00 002.05.542.63.10 Salaries -Street Lighting 3,000.00 3,000.00 002.05.542.63.20 Benefits -Street Lighting 1,200.00 1,200.00 002.05.542.63.30 Supplies -Street Lighting 0.00 1,000.00 002.05.542.63.40 Services- Street Lighting 400,000.00 200,000.00 002.05.542.64.10 Salaries -Traffic Control Device 7,300.00 7,700.00 002.05.542.64.20 Benefits -Traffic Control Device 1,700.00 1,900.00 002.05.542.64.30 Supplies -Traffic Control Device 46,000.00 36,000.00 002.05.542.64.40 Services -Traffic Control Device 251,000.00 251,000.00 002.05.542.65.10 Salaries - Parking Facilities 1,000.00 1,000.00 002.05.542.65.20 Benefits - Parking Facilities 500.00 500.00 002.05.542.65.30 Supplies - Parking Facilities 1,000.00 1,000.00 002.05.542.65.40 Services- Parking Facilities 2,500.00 2,500.00 002.05.542.66.10 Salaries - Snow&Ice Control 51,796.88 52,342.39 002.05.542.66.20 Benefits - Snow&Ice Control 22,764.75 11,854.89 002.05.542.66.30 Supplies - Snow&Ice Control 35,000.00 35,000.00 002.05.542.66.40 Services - Snow & Ice Control 1,000.00 1,000.00 002.05.542.70.10 Salaries - Roadside 72,331.12 72,447.61 002.05.542.70.20 Benefits - Roadside 35,932.25 35,979.11 88 2025-2026 Biennial Budget Fund Detail 002.05.542.70.30 Supplies - Roadside 11,000.00 11,000.00 002.05.542.70.40 Services- Roadside 94,000.00 69,000.00 002.05.542.80.10 Salaries -Ancillary Operations 7,500.00 7,500.00 002.05.542.80.20 Benefits -Ancillary Operations 2,500.00 2,500.00 002.05.542.90.40 Services- Maintenance Admin & Overhead 4,500.00 4,500.00 002.05.543.10.10 Salaries -Management 156,500.00 166,300.00 002.05.543.10.20 Benefits -Management 48,200.00 53,700.00 002.05.543.10.40 Services- Management 1,000.00 1,000.00 002.05.543.30.10 Salaries - General Services 795,800.00 853,000.00 002.05.543.30.20 Benefits - General Services 309,600.00 349,500.00 002.05.543.30.30 Supplies - General Services 10,500.00 10,500.00 002.05.543.30.40 Services -General Services 282,880.00 319,310.00 002.05.543.50.30 Supplies -Facilities 3,000.00 3,000.00 002.05.543.50.40 Services -Facilities 10,000.00 10,000.00 002.05.594.42.60 Capital Outlay -Street 160,000.00 0.00 Total Department: 05 - Public Works: 4,043,805.00 2,829,534.00 Department: 06 - Miscellaneous 002.06.597.00.00 Transfers Out 2,439,100.00 750,000.00 Total Department: 06 - Miscellaneous: 2,439,100.00 750,000.00 Department: 09 - Estimated Ending Cash 002.09.508.51.01 Assigned Ending Cash & Investments Total Department: 09 - Estimated Ending Cash Total Expense Total Fund: 002 - City Street Fund Fund: 003 - Stabilization Fund Revenue Department: 00 - Revenues 003.00.397.00.00 Transfers In Total Department: 00 - Revenues 0.00 956,961.00 0.00 956,961.00 6,482,905.00 4,536,495.00 918,961.00-918,961.00 130,000.00 0.00 130,000.00 0.00 Department: 08 - Estimated Beginning Cash 003.08.308.91.00 Unassigned Beginning Cash & Investments 3,155,000.00 0.00 Total Department: 08 - Estimated Beginning Cash: 3,155,000.00 0.00 Total Revenue: 3,285,000.00 0.00 Expense Department: 09 - Estimated Ending Cash 003.09.508.91.00 Unassigned Ending Cash & Investments 0.00 3,285,000.00 Total Department: 09 - Estimated Ending Cash: 0.00 3,285,000.00 Total Expense: Total Fund: 003 - Stabilization Fund: Fund: 103 - Criminal Justice Revenue Department: 00 - Revenues 103.00.313.71.00 Criminal Justice Funding 103.00.336.06.20 Ciminal Justice High Crime 103.00.336.06.21 CJ High CrimePop 103.00.336.06.26 CJ Special Program 103.00.336.06.51 DUI Cities 103.00.361.11.00 Investment Interest Total Department: 00 - Revenues: Department: 08 - Estimated Beginning Cash 103.08.308.31.00 Restricted Beginning Cash & Invest -Criminal Just Total Department: 08 - Estimated Beginning Cash: Total Revenue: Expense Department: 03 - Law Enforcement 103.03.521.10.40 Services -Administration 103.03.521.22.10 Salaries - Operations 103.03.521.22.20 Benefits - Operations 103.03.521.22.30 Supplies - Operations 103.03.521.22.40 Services- Operations 0.00 3,285,000.00 3,285,000.00 360,000.00 50,000.00 6,000.00 20,000.00 2,500.00 300.00 438,800.00 -3,285,000.00 360,000.00 50,000.00 6,000.00 20,000.00 2,500.00 0.00 438,500.00 395,000.00 0.00 395,000.00 0.00 833,800.00 438,500.00 73,000.00 73,000.00 88,829.50 96,885.50 27,470.50 30,554.50 15,000.00 15,000.00 447,000.00 339,600.00 89 2025-2026 Biennial Budget Fund Detail 103.03.562.00.40 Services - SAIVES 500.00 500.00 Total Department: 03 - Law Enforcement: 651,800.00 555,540.00 Department: 09 - Estimated Ending Cash 103.09.508.31.00 Restricted Ending Cash & Investments-CJ 0.00 64,960.00 Total Department: 09 - Estimated Ending Cash: 0.00 64,960.00 Total Expense: 651,800.00 620,500.00 Total Fund: 103 - Criminal Justice: 182,000.00 -182,000.00 Fund: 104 - Special Investigative Unit Revenue Department: 08 - Estimated Beginning Cash 104.08.308.31.00 Restricted Beginning Cash & Investments 90,000.00 0.00 104.08.308.51.00 Assigned Beginning Cash & Investments 14,000.00 0.00 Total Department: 08 - Estimated Beginning Cash: 104,000.00 0.00 Total Revenue: 104,000.00 0.00 Expense Department: 03 - Law Enforcement 104.03.521.21.30 Supplies - SIU Investigation 2,000.00 2,000.00 104.03.521.21.40 Services - SIU 2,000.00 2,000.00 Total Department: 03 - Law Enforcement: 4,000.00 4,000.00 Department: 09 - Estimated Ending Cash 104.09.508.31.00 Restricted Ending Cash & Investments 0.00 90,000.00 104.09.508.51.00 Assigned Ending Cash & Investments 0.00 6,000.00 Total Department: 09 - Estimated Ending Cash: 0.00 96,000.00 Total Expense: 4,000.00 100,000.00 Total Fund: 104 - Special Investigative Unit: 100,000.00 -100,000.00 Fund: 107 - Community Events Revenue Department: 00 - Revenues 107.00.313.31.00 Hotel/Motel Sales and Use Tax 102,200.00 102,200.00 Total Department: 00 - Revenues: 102,200.00 102,200.00 Department: 08 - Estimated Beginning Cash 107.08.308.31.00 Restricted Beginning Cash & Investments -Tourism 140,000.00 0.00 107.08.308.31.01 Restricted Beginning Cas & Investments -Comm E... 135,000.00 0.00 Total Department: 08 - Estimated Beginning Cash: 275,000.00 0.00 Total Revenue: 377,200.00 102,200.00 Expense Department: 07 - Administration 107.07.557.30.10 Salaries -Administrative 1,500.00 1,500.00 107.07.557.30.20 Benefits-Adminstrative 700.00 700.00 107.07.557.30.40 Services-Tourism-Admin 100,000.00 100,000.00 Total Department: 07 - Administration: 102,200.00 102,200.00 Department: 09 - Estimated Ending Cash 107.09.508.31.00 Restricted Ending Cash & Investments -Tourism 0.00 105,000.00 107.09.508.31.01 Restricted Ending Cash & Investments-Com Even... 0.00 170,000.00 Total Department: 09 - Estimated Ending Cash: 0.00 275,000.00 Total Expense: 102,200.00 377,200.00 Total Fund: 107 - Community Events: 275,000.00 -275,000.00 Fund: 108 - Paths & Trails Revenue Department: 00 - Revenues 108.00.336.00.87 Motor Veh Fuel Tax - Paths&Tr 1,000.00 1,000.00 Total Department: 00 - Revenues: 1,000.00 1,000.00 Department: 08 - Estimated Beginning Cash 108.08.308.31.00 Restricted Beginning Cash & Inv-Paths&Trails 17,000.00 0.00 Total Department: 08 - Estimated Beginning Cash: 17,000.00 0.00 Total Revenue: 18,000.00 1,000.00 90 2025-2026 Biennial Budget Fund Detail Expense Department: 09 - Estimated Ending Cash 108.09.508.31.00 Restricted Ending Cash & Inv-Paths&Trails 0.00 19,000.00 Total Department: 09 - Estimated Ending Cash: 0.00 19,000.00 Total Expense: 0.00 19,000.00 Total Fund: 108 - Paths & Trails: 18,000.00 -18,000.00 Fund: 109 - Real Estate Excise Tax Revenue Department: 00 - Revenues 109.00.318.34.00 Real Estate Excise Tax REET 1 800,000.00 800,000.00 109.00.318.35.00 Real Estate Excise Tax REET 2 800,000.00 800,000.00 109.00.361.11.00 Investment Interest 900.00 0.00 Total Department: 00 - Revenues: 1,600,900.00 1,600,000.00 Department: 08 - Estimated Beginning Cash 109.08.308.31.01 Restricted Beginning Cash & Inv-REET 1 1,801,000.00 0.00 109.08.308.31.02 Restricted Beginning Cash & Inv-REET 2 4,480,000.00 0.00 Total Department: 08 - Estimated Beginning Cash: 6,281,000.00 0.00 Total Revenue: 7,881,900.00 1,600,000.00 Expense Department: 06 - Miscellaneous 109.06.597.00.01 Transfers Out-REET 1 2,272,400.00 944,800.00 109.06.597.00.02 Transfers Out-REET 2 4,731,500.00 300,600.00 Total Department: 06 - Miscellaneous: 7,003,900.00 1,245,400.00 Department: 09 - Estimated Ending Cash 109.09.508.31.01 Restricted Ending Cash & Inv-REET 1 0.00 184,700.00 109.09.508.31.02 Restricted Ending Cash & Inv-REET 2 0.00 1,047,900.00 Total Department: 09 - Estimated Ending Cash: 0.00 1,232,600.00 Total Expense: 7,003,900.00 2,478,000.00 Total Fund: 109 - Real Estate Excise Tax: 878,000.00 -878,000.00 Fund: 111- Impact Mitigation Fee Revenue Department: 00 - Revenues 111.00.345.85.01 Parks Impact Fees 1,321,000.00 1,637,000.00 111.00.345.85.02 Transportation Impact Fees 1,228,000.00 1,590,000.00 111.00.345.85.03 School Impact Fees 366,057.00 441,462.00 111.00.361.11.00 Investment Interest 81.00 0.00 Total Department: 00 - Revenues: 2,915,138.00 3,668,462.00 Department: 08 - Estimated Beginning Cash 111.08.308.31.01 Restricted Beginning Cash & Inv -Parks 3,385,700.00 0.00 111.08.308.31.02 Restricted Beginning Cash & Inv -Transport 6,813,000.00 0.00 111.08.308.31.03 Restricted Beginning Cash & Inv-Bayside 358,300.00 0.00 111.08.308.31.04 Restricted Beginning Cash& Inv -Sinclair Ridge M... 31,000.00 0.00 111.08.308.31.09 Restricted Beginning Cash & Inv-MW Trans 59,000.00 0.00 Total Department: 08 - Estimated Beginning Cash: 10,647,000.00 0.00 Total Revenue: 13,562,138.00 3,668,462.00 Expense Department: 06 - Miscellaneous 111.06.518.65.40 Impact Fee Distributions to other governments 366,057.00 441,462.00 111.06.544.90.40 Misc - Impact Fees to Developers 178,030.00 208,982.00 111.06.597.00.00 Transfers -Out MW Transport 59,000.00 0.00 111.06.597.01.00 Transfers -Out Parks 1,173,500.00 0.00 111.06.597.03.00 Transfer- Out Bayside SEPA Trans M 300,000.00 0.00 111.06.597.04.00 Transfers Out -Transportation 3,523,520.00 0.00 Total Department: 06 - Miscellaneous: 5,600,107.00 650,444.00 Department: 09 - Estimated Ending Cash 111.09.508.31.01 Restricted Ending Cash & Inv -Parks 0.00 5,170,200.00 111.09.508.31.02 Restricted Ending Cash & Inv -Transport 0.00 5,720,499.00 111.09.508.31.03 Restricted Ending Cash & Inv-Bayside 0.00 58,350.00 91 2025-2026 Biennial Budget Fund Detail 111.09.508.31.04 Restricted Ending Cash & Inv -Sinclair Ridge Mou Total Department: 09 - Estimated Ending Cash Total Expense Total Fund: 111- Impact Mitigation Fee Fund: 206 - Bond Redemption Fund Revenue Department: 00 - Revenues 206.00.361.11.00 206.00.397.00.00 0.00 31,000.00 0.00 10,980,049.00 5,600,107.00 11, 630, 493.00 7,962,031.00-7,962,031.00 Investment Interest 600.00 0.00 Transfers In 1,246,900.00 1,245,400.00 Total Department: 00 - Revenues: 1,247,500.00 1,245,400.00 Department: 08 - Estimated Beginning Cash 206.08.308.00.00 Beginning Fund Balance Total Department: 08 - Estimated Beginning Cash: Total Revenue: Expense Department: 06 - Miscellaneous 206.06.591.18.70 Debt Repayment- General Services 206.06.591.76.70 Debt Repayment- Park Facilities 206.06.591.95.70 Debt Repayment- Streets 206.06.592.18.80 Interest & Other DS Cost- General Services 206.06.592.76.80 Interest & Other DS Cost- Park Facilities 206.06.592.95.80 Interest & Other DS Cost- Streets Total Department: 06 - Miscellaneous: Department: 09 - Estimated Ending Cash 206.09.508.00.00 Ending Fund Balance Total Department: 09 - Estimated Ending Cash: Total Expense: Total Fund: 206 - Bond Redemption Fund: Fund: 302 - Capital Construction Revenue Department: 00 - Revenues 302.00.334.02.70 State Grant from Recration and Conservation Off... 302.00.337.00.00 Local Grants, Entitlements & Other Payments 302.00.397.00.00 Transfers In Total Department: 00 - Revenues: Department: 08 - Estimated Beginning Cash 302.08.308.51.00 Assigned Beginning Cash & Investments Total Department: 08 - Estimated Beginning Cash: Total Revenue: Expense Department: 05 - Public Works 302.05.594.18.10 Salaries & Wages 302.05.594.18.20 Benefits -ROW 302.05.594.18.60 Other Improvements -Gen Facilities 302.05.594.75.10 Salaries -Capital Expense -Culture & Recr Facil 302.05.594.75.20 Benefits -Capital Expense -Culture & Recr Facil 302.05.594.75.60 Capital Expense -Culture & Recreational Facilities 302.05.594.76.10 Salaries -Capital Exp-Park Facilities 302.05.594.76.20 Benefits -Capital Exp-Par Facilities 302.05.594.76.60 Capital Expenditures -Park Facilities Total Department: 05 - Public Works: Department: 09 - Estimated Ending Cash 302.09.508.51.00 Assigned Ending Cash & Investments Total Department: 09 - Estimated Ending Cash: Total Expense: Total Fund: 302 - Capital Construction: Fund: 304 - Street Capital Projects Revenue Department: 00 - Revenues 304.00.333.20.20 Federal Grant -Indirect Dept. of Transportation 304.00.334.03.60 State Grant from Dept. of Transportation 504,400.00 0.00 504,400.00 0.00 1,751,900.00 1,245,400.00 265,200.00 280,800.00 46,800.00 48,000.00 216,900.00 222,800.00 406,200.00 393,000.00 8,600.00 7,600.00 53,200.00 48,200.00 996,900.00 1,000,400.00 0.00 1,000,000.00 0.00 1,000,000.00 996,900.00 2,000,400.00 755,000.00-755,000.00 176,400.00 0.00 571,500.00 0.00 1,424,400.00 0.00 2,172,300.00 0.00 2,769,800.00 0.00 2,769,800.00 0.00 4,942,100.00 0.00 15,000.00 0.00 10,000.00 0.00 2,500,000.00 0.00 15,000.00 0.00 10,000.00 0.00 1,707,100.00 0.00 15,150.00 0.00 10,000.00 0.00 459,850.00 0.00 4,742,100.00 0.00 0.00 200,000.00 0.00 200,000.00 4,742,100.00 200,000.00 200,000.00-200,000.00 4,720,000.00 0.00 2,125,660.00 0.00 2025-2026 Biennial Budget Fund Detail 304.00.334.03.80 State Grant from TIB 985,000.00 0.00 304.00.397.00.00 Transfers In 12,409,620.00 750,000.00 Total Department: 00 - Revenues: 20,240,280.00 750,000.00 Department: 08 - Estimated Beginning Cash 304.08.308.51.00 Assigned Beginning Cash & Investments 1,107,220.00 0.00 Total Department: 08 - Estimated Beginning Cash: 1,107,220.00 0.00 Total Revenue: 21,347,500.00 750,000.00 Expense Department: 05 - Public Works 304.05.595.10.10 Salaries-Design/Eng 130,100.00 0.00 304.05.595.10.20 Benefits-Design/Eng 81,000.00 0.00 304.05.595.10.60 Capital Improvements -Design / Engineering 7,022,500.00 0.00 304.05.595.20.10 Salaries - ROW 15,000.00 0.00 304.05.595.20.20 Benefits - ROW 10,000.00 0.00 304.05.595.20.60 Capital Outlay -ROW 3,642,500.00 750,000.00 304.05.595.30.10 Salaries -Construction 91,000.00 0.00 304.05.595.30.20 Benefits -Construction 60,000.00 0.00 304.05.595.30.60 Other Impr.-Construction 9,895,400.00 0.00 Total Department: 05 - Public Works: 20,947,500.00 750,000.00 Department: 09 - Estimated Ending Cash 304.09.508.51.00 Assigned Ending Cash & Investments 0.00 400,000.00 Total Department: 09 - Estimated Ending Cash: 0.00 400,000.00 Fund: 411- Water Operating Revenue Department: 00 - Revenues 411.00.343.40.00 411.00.343.40.01 411.00.343.40.02 411.00.343.41.00 411.00.343.42.00 411.00.343.42.01 411.00.345.83.00 411.00.345.89.00 411.00.361.11.00 411.00.362.00.00 Total Expense: 20,947,500.00 1,150,000.00 Total Fund: 304 - Street Capital Projects Water Sales -Residential Water Sales -Commercial Water Sales -Irrigation Construction Water Sales Other Fees & Charges - Connect & Misc Water Inspection Fees Plan Review Fees Other Planning & Development Services Investment Interest Rents & Leases Total Department: 00 - Revenues Department: 08 - Estimated Beginning Cash 411.08.308.51.00 Asssigned Beginning Cash & Investments Total Department: 08 - Estimated Beginning Cash: Expense Department: 05 - Public Works 411.05.534.10.10 411.05.534.10.20 411.05.534.10.30 411.05.534.10.40 411.05.534.20.30 411.05.534.20.40 411.05.534.30.30 411.05.534.30.40 411.05.534.40.30 411.05.534.40.40 411.05.594.34.60 Department: 06 - Miscellaneous 411.06.597.00.02 411.06.597.00.03 Total Revenue: Salaries -Administration Benefits -Administration Supplies - Administration Services - Administration Supplies - Distribution Services - Distribution Supplies - Source Services - Source Supplies - Storage Services - Storage Capital Outlay -Water Total Department: 05 - Public Works Transfers Out (413)-Capital Transfers Out (414)-Debt Service Total Department: 06 - Miscellaneous: 400,000.00-400,000.00 3,078,600.00 3,232,530.00 811,650.00 852,285.00 220,500.00 231,000.00 10,000.00 10,000.00 20,000.00 20,000.00 5,000.00 5,000.00 2,000.00 2,000.00 2,000.00 2,000.00 96,135.00 96,000.00 60,000.00 60,000.00 4,305,885.00 4,510,815.00 2,720,000.00 0.00 2,720,000.00 0.00 7,025,885.00 4,510,815.00 1,303,885.76 1,388,223.78 566,699.24 627,234.78 31,000.00 31,000.00 1, 218, 289.99 1,273,399.90 233,500.00 233,500.00 99,800.00 99,800.00 107, 000.00 107, 000.00 223,000.00 223,000.00 2,000.00 2,000.00 6,000.00 6,000.00 275,000.00 0.00 4,066,174.99 3,991,158.46 1,212,300.00 0.00 732,400.00 731,350.00 1,944,700.00 731,350.00 93 2025-2026 Biennial Budget Fund Detail Department: 09 - Estimated Ending Cash 411.09.508.51.00 Asssigned Ending Cash & Investments 0.00 803,316.55 Total Department: 09 - Estimated Ending Cash: 0.00 803,316.55 Total Expense: 6,010,874.99 5,525,825.01 Total Fund: 411- Water Operating: 1,015,010.01 -1,015,010.01 Fund: 412 - Water Stabilization Revenue Department: 08 - Estimated Beginning Cash 412.08.308.51.00 Asssigned Beginning Cash & Investments 1,150,000.00 0.00 Total Department: 08 - Estimated Beginning Cash: 1,150,000.00 0.00 Total Revenue: 1,150,000.00 0.00 Expense Department: 09 - Estimated Ending Cash 412.09.508.51.00 Asssigned Ending Cash & Investments 0.00 1,150,000.00 Total Department: 09 - Estimated Ending Cash: 0.00 1,150,000.00 Total Expense: 0.00 1,150,000.00 Total Fund: 412 - Water Stabilization: 1,150,000.00 -1,150,000.00 Fund: 413 - Water Capital Revenue Department: 00 - Revenues 413.00.361.11.00 Investment Interest 500.00 0.00 413.00.367.00.00 Water Connection Charges 1,527,000.00 2,379,000.00 413.00.391.80.00 Intergovernmental Loan Proceeds 5,385,000.00 0.00 413.00.397.00.01 Transfers In (411) 1,212,300.00 0.00 Total Department: 00 - Revenues: 8,124,800.00 2,379,000.00 Department: 08 - Estimated Beginning Cash 413.08.308.51.00 Asssigned Beginning Cash & Investments 2,856,000.00 0.00 Total Department: 08 - Estimated Beginning Cash: 2,856,000.00 0.00 Total Revenue: 10,980,800.00 2,379,000.00 Expense Department: 05 - Public Works 413.05.594.34.10 Salaries -Capital Outlay 101,100.00 0.00 413.05.594.34.20 Benefits -Capital Outlay 63,700.00 0.00 413.05.594.34.60 Other Improvements -Water 7,660,000.00 0.00 Total Department: 05 - Public Works: 7,824,800.00 0.00 Department: 06 - Miscellaneous 413.06.597.00.00 Transfers Out (414)-Debt Service 608,000.00 635,250.00 Total Department: 06 - Miscellaneous: 608,000.00 635,250.00 Department: 09 - Estimated Ending Cash 413.09.508.51.00 Asssigned Ending Cash & Investments 0.00 4,291,750.00 Total Department: 09 - Estimated Ending Cash: 0.00 4,291,750.00 Total Expense: 8,432,800.00 4,927,000.00 Total Fund: 413 - Water Capital: 2,548,000.00 -2,548,000.00 Fund: 414 - Water Debt Service Revenue Department: 00 - Revenues 414.00.361.11.00 Investment Interest 100.00 0.00 414.00.397.00.00 Transfers In (411) 732,400.00 731,350.00 414.00.397.00.01 Transfers In (413) 608,000.00 635,250.00 Total Department: 00 - Revenues: 1,340,500.00 1,366,600.00 Department: 08 - Estimated Beginning Cash 414.08.308.51.00 Assigned Beginning Cash & Investments 1,150,900.00 0.00 Total Department: 08 - Estimated Beginning Cash: 1,150,900.00 0.00 Total Revenue: 2,491,400.00 1,366,600.00 Expense Department: 06 - Miscellaneous 414.06.534.10.40 Other Reimbursement Agreements 158,000.00 189,000.00 414.06.591.34.70 Debt Repayment -Water Utilities 935,400.00 936,800.00 414.06.592.34.80 Interest & Other DS Cost -Water Utilities 247,000.00 240,800.00 Total Department: 06 - Miscellaneous: 1,340,400.00 1,366,600.00 94 2025-2026 Biennial Budget Fund Detail Department: 09 - Estimated Ending Cash 414.09.508.51.00 Assigned Ending Cash & Investmemts 0.00 1,151,000.00 Total Department: 09 - Estimated Ending Cash: 0.00 1,151,000.00 Total Expense: 1,340,400.00 2,517,600.00 Total Fund: 414 - Water Debt Service: 1,151,000.00 -1,151,000.00 Fund: 421- Storm Drainage Utility Revenue Department: 00 - Revenues 421.00.322.10.00 Stormwater Permit 20,000.00 20,000.00 421.00.343.10.00 Storm Drainage -Residential 1,093,000.00 1,432,400.00 421.00.343.10.01 Storm Drainage -Commercial 1,315,000.00 1,723,500.00 421.00.343.10.99 Decant Usage Fees 10,000.00 10,000.00 421.00.345.89.00 Stormwater Review 10,000.00 10,000.00 421.00.361.11.00 Investment Interest 800.00 0.00 Total Department: 00 - Revenues: 2,448,800.00 3,195,900.00 Department: 08 - Estimated Beginning Cash 421.08.308.51.00 Asssigned Beginning Cash & Investments 1,470,000.00 0.00 Total Department: 08 - Estimated Beginning Cash: 1,470,000.00 0.00 Total Revenue: 3,918,800.00 3,195,900.00 Expense Department: 05 - Public Works 421.05.531.10.10 Salaries -Storm Drain GenAdm 657,363.12 699,992.49 421.05.531.10.20 Benefits -Storm Drain GenAdm 303,791.88 336,862.61 421.05.531.10.30 Supplies -Storm Drain GenAdm 35,600.00 30,100.00 421.05.531.10.40 Services -Storm Drain GenAdm 1,046,589.90 1,211,700.00 421.05.531.20.30 Supplies - Operations 33,100.00 29,100.00 421.05.531.20.40 Services - Operations 122,600.00 122,600.00 421.05.594.31.60 Capital Outlay -Storm Drainage 0.00 11,000.00 Total Department: 05 - Public Works: 2,199,044.90 2,441,355.10 Department: 06 - Miscellaneous 421.06.597.00.00 Transfers Out 205,000.00 300,000.00 421.06.597.00.02 Transfers Out (424)- Debt Service 443,800.00 221,700.00 421.06.597.00.03 Transfers Out (422)-Stabilization 75,000.00 0.00 Total Department: 06 - Miscellaneous: 723,800.00 521,700.00 Department: 09 - Estimated Ending Cash 421.09.508.51.00 Asssigned Ending Cash & Investments 0.00 1,228,800.00 Total Department: 09 - Estimated Ending Cash: 0.00 1,228,800.00 Total Expense: 2,922,844.90 4,191,855.10 Total Fund: 421- Storm Drainage Utility: 995,955.10 -995,955.10 Fund: 422 - Storm Drainage Stabilization Revenue Department: 00 - Revenues 422.00.397.00.00 Transfers In 75,000.00 0.00 Total Department: 00 - Revenues: 75,000.00 0.00 Department: 08 - Estimated Beginning Cash 422.08.308.51.00 Asssigned Beginning Cash & Investments 590,000.00 0.00 Total Department: 08 - Estimated Beginning Cash: 590,000.00 0.00 Total Revenue: 665,000.00 0.00 Expense Department: 09 - Estimated Ending Cash 422.09.508.51.00 Asssigned Ending Cash & Investments 0.00 665,000.00 Total Department: 09 - Estimated Ending Cash: 0.00 665,000.00 Total Expense: 0.00 665,000.00 Total Fund: 422 - Storm Drainage Stabilization: 665,000.00 -665,000.00 Fund: 423 - Storm Drainage Capital Facil Revenue Department: 00 - Revenues 423.00.334.03.80 State Grant from TIB 382,500.00 0.00 423.00.343.10.00 Storm Drainage Capital Facility Fee 685,300.00 864,000.00 423.00.361.11.00 Investment Interest 700.00 0.00 95 2025-2026 Biennial Budget Fund Detail 423.00.397.00.00 Transfers In 205,000.00 300,000.00 Total Department: 00 - Revenues: 1,273,500.00 1,164,000.00 Department: 08 - Estimated Beginning Cash 423.08.308.51.00 Asssigned Beginning Cash & Investments Total Department: 08 - Estimated Beginning Cash Total Revenue Expense Department: 05 - Public Works 423.05.594.31.10 Capital -Salaries 423.05.594.31.20 Capital -Benefits 423.05.594.31.60 Other Improvements Total Department: 05 - Public Works: Department: 09 - Estimated Ending Cash 423.09.508.51.00 Asssigned Ending Cash & Investments Total Department: 09 - Estimated Ending Cash: Total Expense: Total Fund: 423 - Storm Drainage Capital Facil: Fund: 424 - Storm Drainage Debt Service Revenue Department: 00 - Revenues 424.00.361.11.00 Investment Interest 424.00.397.00.00 Transfers In (421) Total Department: 00 - Revenues: Total Revenue: Expense Department: 06 - Miscellaneous 424.06.591.31.70 Debt Repayment -Storm Drainage Utilities 424.06.591.31.71 Intergovernmental Loan -DOE -Decant 424.06.592.31.80 Interest & Other DS Cost- Storm Drainage Utilities 424.06.592.31.81 Interest on Lt Debt -DOE Decant Total Department: 06 - Miscellaneous Department: 09 - Estimated Ending Cash 424.09.508.51.00 Assigned Ending Cash & Investments Total Department: 09 - Estimated Ending Cash Total Expense Total Fund: 424 - Storm Drainage Debt Service Fund: 431- Sewer Operating Revenue Department: 00 - Revenues 431.00.343.50.00 Sewer Services - Residential 431.00.343.50.01 Sewer Services - Commercial 431.00.343.50.02 Other Fees & Charges 431.00.343.50.03 Sewer Inspection Fees 431.00.345.83.00 Plan Review Fees 431.00.345.89.00 Sewer Concurrency 431.00.361.11.00 Investment Interest Total Department: 00 - Revenues Department: 08 - Estimated Beginning Cash 431.08.308.51.00 Asssigned Beginning Cash & Investments Total Department: 08 - Estimated Beginning Cash Total Revenue Expense Department: 05 - Public Works 431.05.535.10.10 Salaries - Administration 431.05.535.10.20 Benefits - Administration 431.05.535.10.30 Supplies - Administration 431.05.535.10.40 Services - Administration 431.05.535.20.30 Supplies - Collections 431.05.535.20.40 Services - Collections 431.05.535.30.30 Supplies - Lift Stations 431.05.535.30.40 Services - Lift Stations 430,000.00 0.00 430,000.00 0.00 1,703,500.00 1,164, 000.00 60,000.00 0.00 40,000.00 0.00 1,360,000.00 0.00 1,460,000.00 0.00 0.00 1,407,500.00 0.00 1,407,500.00 1,460, 000.00 1,407, 500.00 243,500.00 -243,500.00 200.00 0.00 443,800.00 221,700.00 444,000.00 221,700.00 444,000.00 221,700.00 153, 500.00 158, 000.00 12,400.00 12,700.00 50,800.00 47,000.00 4,300.00 4,000.00 221,000.00 221,700.00 0.00 223,000.00 0.00 223,000.00 221,000.00 444,700.00 223,000.00 -223,000.00 5,000,000.00 5,250,000.00 1,035,000.00 1, 086, 750.00 15,000.00 15,000.00 10,000.00 10,000.00 10,000.00 10,000.00 1,000.00 1,000.00 750.00 0.00 6,071,750.00 6,372,750.00 6,040,000.00 0.00 6,040,000.00 0.00 12,111,750.00 6,372,750.00 1,068,154.00 1,13 3, 840.65 445,131.00 492,993.25 16,000.00 13,500.00 1,260,509.90 1,325,059.20 119,500.00 219,500.00 2,174,900.00 2,353,862.00 137,000.00 137,000.00 435,500.00 435,500.00 96 2025-2026 Biennial Budget Fund Detail 431.05.594.35.60 Capital Outlay -Sewer 5,000.00 0.00 Total Department: 05 - Public Works: 5,661,694.90 6,111,255.10 Department: 06 - Miscellaneous 431.06.597.00.00 Transfer Out (434)-Debt Service 651,375.00 651,475.00 431.06.597.00.03 Transfer Out (433)-Capital 1,431,700.00 0.00 Total Department: 06 - Miscellaneous: 2,083,075.00 651,475.00 Department: 09 - Estimated Ending Cash 431.09.508.51.00 Asssigned Ending Cash & Investments 0.00 3,977,000.00 Total Department: 09 - Estimated Ending Cash: 0.00 3,977,000.00 Total Expense: 7,744,769.90 10,739,730.10 Total Fund: 431- Sewer Operating: 4,366,980.10 -4,366,980.10 Fund: 432 - Sewer Stabilization Revenue Department: 08 - Estimated Beginning Cash 432.08.308.51.00 Asssigned Beginning Cash & Investments 1,670,000.00 0.00 Total Department: 08 - Estimated Beginning Cash: 1,670,000.00 0.00 Total Revenue: 1,670,000.00 0.00 Expense Department: 09 - Estimated Ending Cash 432.09.508.51.00 Asssigned Ending Cash & Investments 0.00 1,670,000.00 Total Department: 09 - Estimated Ending Cash: 0.00 1,670,000.00 Total Expense: 0.00 1,670,000.00 Total Fund: 432 - Sewer Stabilization: 1,670,000.00 -1,670,000.00 Fund: 433 - Sewer Capital Revenue Department: 00 - Revenues 433.00.334.04.20 State Grant from COM 150,000.00 0.00 433.00.337.00.00 Intergovernmental Revenue 750,000.00 0.00 433.00.361.11.00 Investment Interest 600.00 0.00 433.00.367.00.00 Sewer Connection Charges 1,978,500.00 2,616,000.00 433.00.391.80.00 Intergovernmental Loan Proceeds 11,825,000.00 0.00 433.00.397.00.00 Transfer In 1,431,700.00 0.00 Total Department: 00 - Revenues: 16,135,800.00 2,616,000.00 Department: 08 - Estimated Beginning Cash 433.08.308.51.00 Asssigned Beginning Cash & Investments 2,143,000.00 0.00 Total Department: 08 - Estimated Beginning Cash: 2,143,000.00 0.00 Total Revenue: 18,278,800.00 2,616,000.00 Expense Department: 05 - Public Works 433.05.594.35.10 Salaries -Capital Outlay 180,300.00 0.00 433.05.594.35.20 Benefits -Capital Outlay 128,900.00 0.00 433.05.594.35.60 Other Improvements -Sewer 15,990,500.00 0.00 Total Department: 05 - Public Works: 16,299,700.00 0.00 Department: 06 - Miscellaneous 433.06.597.00.00 Transfer Out (434) Debt Service 430,125.00 430,125.00 Total Department: 06 - Miscellaneous: 430,125.00 430,125.00 Department: 09 - Estimated Ending Cash 433.09.508.51.00 Asssigned Ending Cash & Investments 0.00 3,734,850.00 Total Department: 09 - Estimated Ending Cash: 0.00 3,734,850.00 Total Expense: 16,729,825.00 4,164,975.00 Total Fund: 433 - Sewer Capital: 1,548,975.00 -1,548,975.00 Fund: 434 - Sewer Debt Service Revenue Department: 00 - Revenues 434.00.361.11.00 Investment Interest 400.00 0.00 434.00.397.00.00 Transfer In (431) 651,375.00 651,475.00 434.00.397.00.01 Transfers In (433) 430,125.00 430,125.00 Total Department: 00 - Revenues: 1,081,900.00 1,081,600.00 97 2025-2026 Biennial Budget Fund Detai Department: 08 - Estimated Beginning Cash 434.08.308.51.00 Assigned Beginning Cash & Investments 1,488,600.00 0.00 Total Department: 08 - Estimated Beginning Cash: 1,488,600.00 0.00 Total Revenue: 2,570,500.00 1,081,600.00 Expense Department: 06 - Miscellaneous 434.06.591.35.70 Debt Repayment -Sewer Utilities 688,200.00 689,600.00 434.06.592.35.80 Interest & Other DS Cost- Sewer Utilities 393,300.00 392,000.00 Total Department: 06 - Miscellaneous: 1,081,500.00 1,081,600.00 Department: 09 - Estimated Ending Cash 434.09.508.51.00 Asssigned Ending Cash & Investments 0.00 1,489,000.00 Total Department: 09 - Estimated Ending Cash: 0.00 1,489,000.00 Total Expense: 1,081,500.00 2,570,600.00 Total Fund: 434 - Sewer Debt Service: Fund: 500 - Equipment Rental and Revolving Revenue Department: 00 - Revenues 500.00.348.01.00 Internal Services & Sales- O&M Police 500.00.348.01.01 Internal Services & Sales- O&M Planning 500.00.348.01.02 Internal Services & Sales- O&M Building 500.00.348.01.03 Internal Services & Sales- O&M Engineering 500.00.348.01.04 Internal Services & Sales- O&M Parks 500.00.348.01.05 Internal Services & Sales- O&M Street 500.00.348.01.07 Internal Services & Sales- O&M Water 500.00.348.01.08 Internal Services & Sales- O&M Storm 500.00.348.01.09 Internal Services & Sales- O&M Sewer 500.00.348.01.12 Internal Services & Sales - O&M Facilities 500.00.348.02.00 Internal Services - Replacement Police 500.00.348.02.01 Internal Services - Replacement Planning 500.00.348.02.02 Internal Services - Replacement Building 500.00.348.02.03 Internal Services - Replacement Engineering 500.00.348.02.04 Internal Services - Replacement Parks 500.00.348.02.05 Internal Services - Replacement Streets 500.00.348.02.07 Internal Services - Replacement Water 500.00.348.02.08 Internal Services - Replacement Storm 500.00.348.02.09 Internal Services - Replacement Sewer 500.00.348.02.11 Internal Services - Replacement Crim Justice 500.00.348.02.12 Internal Services - Replacement Facilities 500.00.361.11.00 Investment Interest Total Department: 00 - Revenues Department: 08 - Estimated Beginning Cash 500.08.308.51.01 Assigned Beginning Cash & Inv -IT 500.08.308.51.02 Assigned Beginning Cash & Inv-Admin 500.08.308.51.03 Assigned Beginning Cash & Inv -Police 500.08.308.51.04 Assigned Beginning Cash & Inv-DCD 500.08.308.51.05 Assigned Beginning Cash & Inv-PW 500.08.308.51.06 Assigned Beginning Cash & Inv -Street 500.08.308.51.07 Assigned Beginning Cash & Inv -Water 500.08.308.51.08 Assigned Beginning Cash & Inv -Storm 500.08.308.51.09 Assigned Beginning Cash & Inv -Sewer 500.08.308.51.10 Assigned Beginning Cash & Inv -Court 500.08.308.51.11 Assigned Beginning Cash & Inv -Police 103 Total Department: 08 - Estimated Beginning Cash Total Revenue Expense Department: 09 - Estimated Ending Cash 500.09.508.51.01 Assigned End Cash & Inv -IT 500.09.508.51.02 Assigned End Cash & Inv-Admin 500.09.508.51.03 Assigned End Cash & Inv -Police 500.09.508.51.04 Assigned End Cash & Inv-DCD 500.09.508.51.05 Assigned End Cash & Inv-PW 500.09.508.51.06 Assigned End Cash & Inv -Street 500.09.508.51.07 Assigned End Cash & Inv -Water 1,489,000.00-1,489,000.00 344,800.00 338,800.00 8,600.00 9,400.00 10,500.00 11,700.00 14,100.00 15,400.00 42,100.00 46,100.00 107,300.00 116,000.00 64,500.00 70,100.00 88,500.00 95,600.00 58,900.00 63,900.00 32,600.00 35,400.00 0.00 101,000.00 19,000.00 19,000.00 26,500.00 26,500.00 13,000.00 13,000.00 47,000.00 28,500.00 37,600.00 60,400.00 47,100.00 43,000.00 426,600.00 426,600.00 183,000.00 183,000.00 364,000.00 256,600.00 19,000.00 14,100.00 100.00 0.00 1,954,800.00 1,974,100.00 62,400.00 0.00 34,300.00 0.00 61,700.00 0.00 142,800.00 0.00 703,500.00 0.00 1,401,200.00 0.00 516,900.00 0.00 704,600.00 0.00 635,600.00 0.00 70,300.00 0.00 1,382,500.00 0.00 5,715,800.00 0.00 7,670,600.00 1,974,100.00 0.00 62,400.00 0.00 34,300.00 0.00 162,700.00 0.00 68,800.00 0.00 340,300.00 0.00 655,200.00 0.00 335,000.00 2025-2026 Biennial Budget Fund Detail 500.09.508.51.08 Assigned End Cash & Inv -Storm 0.00 995,800.00 500.09.508.51.09 Assigned End Cash & Inv -Sewer 0.00 919,700.00 500.09.508.51.10 Assigned End Cash & Inv -Court 0.00 70,300.00 500.09.508.51.11 Assigned End Cash & Inv -Police 103 0.00 1,671,100.00 Total Department: 09 - Estimated Ending Cash: 0.00 5,315,600.00 Department: 10 - ER&R 500.10.548.30.10 Salaries-ER&R 277,900.00 292,700.00 500.10.548.30.20 Benefits-ER&R 106,100.00 117,300.00 500.10.548.30.30 Supplies-ER&R 114,900.00 110,900.00 500.10.548.30.40 Services-ER&R 91,900.00 79,000.00 500.10.548.70.30 Fuel-ER&R 123,900.00 133,800.00 500.10.548.70.40 Insurance-ER&R 57,200.00 68,800.00 500.10.594.18.60 Capital Expenditures-Eng/Centrl Svs, Facilities 330,800.00 0.00 500.10.594.21.60 Capital Expenditures -Law Enforcement 249,000.00 83,000.00 500.10.594.24.60 Capital Expenditures -Building Inspection 110,000.00 55,000.00 500.10.594.31.60 Capital Expenditures -Storm Drainage 562,000.00 0.00 500.10.594.34.60 Capital Expenditures -Water 272,000.00 0.00 500.10.594.35.60 Capital Expenditures -Sewer 81,900.00 0.00 500.10.594.42.60 Capital Expenditures-Roads/Street 566,000.00 278,000.00 500.10.594.76.60 Capital -Expenditures -Parks 167,000.00 0.00 Total Department: 10 - ER&R: 3,110,600.00 1,218,500.00 Total Expense: 3,110,600.00 6,534,100.00 Total Fund: 500 - Equipment Rental and Revolving: 4,560,000.00 -4,560,000.00 Fund: 632 - Wastewater Treatment Facil Fee Revenue Department: 00 - Revenues 632.00.367.00.00 Capital Contri WWTF Fee 1,000,000.00 1,000,000.00 Total Department: 00 - Revenues: 1,000,000.00 1,000,000.00 Department: 08 - Estimated Beginning Cash 632.08.308.51.00 Assigned Beginning Cash & Investments 7,300,000.00 0.00 Total Department: 08 - Estimated Beginning Cash: 7,300,000.00 0.00 Total Revenue: 8,300,000.00 1,000,000.00 Expense Department: 05 - Public Works 632.05.535.20.40 Services -Collections 200,000.00 200,000.00 Total Department: 05 - Public Works: 200,000.00 200,000.00 Department: 09 - Estimated Ending Cash 632.09.508.51.00 Ending Beginning Cash & Investments 0.00 8,900,000.00 Total Department: 09 - Estimated Ending Cash: 0.00 8,900,000.00 Total Expense: 200,000.00 9,100,000.00 Total Fund: 632 - Wastewater Treatment Facil Fee: %100,000.00 -8,100,000.00 Report Total: 50,226,565.21 -50,226,565.21 99 � ORCHARD Capital Projec 4V 2025-20,A Final Biennial Budge Finance Der 100 • Capital Construction Funds 2( GRAND TOTAL: $ 51, 804,100 Fund 302: Capital Construction: Fund 304: Street Capital Construction: Fund 413: Water Capital Construction: Fund 423: Storm Drainage Capital: Fund 433: Sewer Capital Construction: 101 Capital Construction PA#15 City Hall Remodel PA#18 South Kitsap Community Events Center Et Plaza PA#53 Givens Park 302-Total Expenses $2,525,000 $1, 732,100 $485, 000 $4, 742,100 Fund 304 Street Capital Construction PA#11 TIP 1.1 Bay Street Pathway ROW PA#22 TIP 1.7 Bethel Mitchel Design &t Construction Completion PA#22 TIP 1.7 Bethel Lincoln Design Et Construction Completion PA#27 TIP 1.2 Bay Street Pathway Design 8t Construction PA#38 TIP 1.8 Et 1.9 Salmon Et Blueberry Design Et ROW PA#41 TIP 1.15 Pottery Design 8t Construction Completion PA#42 TIP 1.16 SR166 -Bay Street Re -Construction PA#45 TIP 1.14 Sidney Rd S Widening (Non -Motorized Improvements) PA#47 TIP 1.18 Tremont Phase 2 8t 3 PA#65 TIF 1.4 Anderson Hill RAB PA#66 TIP 1.19 SB 160 2A 304-Total Expenses $1,3257000 $1,365,000 $2, 000, 000 $1,775,000 $4, 226, 500 $1,371,000 $ 5, 682, 000 $2,031,000 $757, 000 $300,000 $645, 000 $21,477,500 103 Fund 413 Water Capital Construction PA#16 WCIP#3 Well #11-Design Et Construction Completion PA#36 WCIP#10 Melcher Booster PA #41 TIP 1.15 Pottery Non -Motorized Improvements Completion PA#42 WCIP#19a Water Main- SR16613ay Water Re -Construction PA#60 Well#7 Design PA#67 WCIP#22 Foster Mitigation PA#70 WCIP #08 Old Clifton Water Main 390-580 Intertie 413-Total Expenses $125, 000 7' $469, 800 $515,000 $17000, 000 $1,040,000 $728242800 104 Fund 423 Storm Capital PA#41 TIP 1.15 Pottery Non -Motorized Improvements $80 PA#42 TIP 1.16 SR166/ Bay Street Re -Construction PA#68 South Sidney Regional Stormwater Facility PA#? Ruby Creek Culvert Replacement 423-Total Expenses $1251000 $7801000 I $475)000 $11460) 000 105 Fund 433 Sewer Capital Construction PA#04 SCIP#1 Marina Project Completion $11,580,000 PA#37 C090-21 Sewer Lift Controls (Operations) PA#41 TIP 1.15 Pottery Non -Motorized PA#42 SCIP#7 Sewer Main Replacement -SR 166 Bay Street PA#43 SCIP#SB South Sidney(Ruby Lift Station) Design Work PA#45 2nd Sidney Force Main PA#58 Bay Street Sewer Lift Station Design 433-Total Expenses $745,000 $400, 500 $684, 200 $ 800, 000 $1,040,000 $1,050,000 $16,299,700 106 Questions FA" 107 PersonnelPosition Elected Officials Positions Wages Mayor 1 Annual 128,620.04 Council Seats 1,4,5 3 Bi-Weekly 500 Council Seats 2,3,6 3 Monthly 1,000 Council At Large) 1 Bi-Weekly500 Total Elected 8.00 PositionsPersonnel Citv Clerk 1 52.06 60.36 Community Development Director 1 73.87 85.67 Finance Director 1 75.31 87.33 Human Resources Director 1 62.75 72.77 Chief of Police 1 1 79.62 92.35 Public Works Director 1 76.88 89.16 Total Mayoral Direct Reports 6.00 Deputy City Clerk 1 38.93 45.14 Human Resources Analyst 1 43.44 50.37 Human Resources Specialist 0 32.00 37.11 Total Administration 2.00 Deputy Finance Director 1 57.51 66.68 Accounting Assistant 1 1 29.74 34.48 Accounting Assistant II 4 33.17 38.47 Accounting Assistant III 2 40.38 46.82 Accounting Assistant III / ITSpecialist 1 41.79 48.46 Information Technology Manager 1 60.81 70.52 IT Support Specialist 1 39.43 45.72 Total Finance/IT 11.00 Deputy Director Community Development 1 56.35 65.36 4 49.83 47,35 Permit Center Manager ** 1 40.83 47.35 Pernint Torah 2 33�3 38,53 Permit Tech ** 2 33.23 38.53 Permit Clerk 2 30.66 35.58 Permit Center Assistant 0.70 27.02 31.34 Principal Planner 1 56.34 65.35 Senior Planner 1 48.27 55.96 44,59 44 Plans Examiner/Building Inspector II 1 41.59 48.24 Associate Planner 1 41.68 48.33 Assistant Planner 1 36.77 42.64 Building Inspector 1 1 37.47 43.45 Code Enforcement Officer 1 1 31.80 36.91 Code Enforcement Officer II 1 40.31 46.75 Parking Enforcement Officer 2 PT 1.40 30.10 34.91 4 39:49 34. 01 Total Community Development 16.10 Municipal Court Jude 0.60 Annual 128 068.73 Municipal Court Administrator 1 52.07 60.38 Lead Clerk 1 33.08 39.53 Court Clerk 1 27.95 33.37 Oewt Clerk 2 27.9-5 33,37 Total Judicial 3.60 Deputy Police Chief 2 72.39 83.94 Police Services Coordinator 1 37.21 44.45 Police Services Specialist 3.70 27.82 33.21 Sergeant 5 53.72 59.48 Patrol Officer 19 36.04 49.48 Total Police Department 30.70 108 Personnel Positions PositionPersonnel City Engineer 1 65.21 75.62 Assistant City Engineer 1 58.82 68.22 Operations and Utility Manager 1 56.78 65.85 Operations Supervisor 1 45.93 53.26 Utility Supervisor 1 45.93 53.26 Utilities Compliance Specialist 1 38.76 44.92 Civil Engineer II * 1 50.83 58.94 Civil Engineer I * 2 48.06 55.75 GIS/Asset Management Coordinator 1 43.49 50.45 Asset Management Technician 1 31.80 36.91 Public Works Procurement Specialist 1 40.43 46.88 Project Coordinator/Inspector 2 42.32 49.08 Public Works Administrative Specialist 1 33.23 38.53 Office Assistant II 0 30.80 35.72 Office Assistant 1 1 27.02 31.34 Lead Mechanic 1 37.05 44.24 Mechanic 1 34.52 41.23 Electrician 1 36.62 43.73 Public Works Lead 5 37.05 44.24 Maintenance Technician II 16 33.48 39.97 Mannnt Ge Tonhnin4n II 4-3 33-49 3-�7 Maintenance Technician 1 2 24.93 29.78 Total Public Works 42.00 Minimum Maximum Seasonal Public Works Hourly 22.76 24.18 47 5. 23.2-6 Intern Hourly 21.02 23.36 IRteM 47-51. 23-36 Temporary Employee Hourly 21.02 23.36 4:7.54 24-.36 • - 110 *Only 2 FTE's are funded in the 2025-2026 budget. However, 3 FTE's are listed above to rovide for otential promotions. "Planned etirement will cause a temporary overlap in tull time equivalents or the Fermit Center Manager and Permit ec position 109 0�4 City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Adoption of an Ordinance of the City of Port Orchard relating to project permit procedures and timelines; amending Sections 20.20.020(3), 20.22.030(5), 20.22.040(6), 20.22.050(6) (a), 20.22.060(6), 20.24.010(3), 20.24.040, 20.24.060(1), 20.24.060(5), 20.24.070(1), 20.24.110, 20.25.010(2), 20.50.060, 20.86.100, 20.88.060, 20.88.080(5), 20.96.080, 20.127.310, 20.132.050(5), and 20.200.005 of the Port Orchard Municipal Code. (Bond) Meeting Date: November 26, 2024 Prepared By: James Fisk, AICP, CNU-A, Senior Planner Presenter: Nick Bond, AICP, Community Development Director Summary and Background: The City of Port Orchard is considering an Ordinance amending Title 20 of the Port Orchard Municipal Code (POMC). The amendments are required to ensure consistency with Senate Bill 5290 (SSSB 5290), which was enacted by the Washington State Legislature in 2023 and will take effect on January 1, 2025. These changes relate to project permit procedures and timelines. The Planning Commission held a properly noticed public hearing on this matter on October 29, 2024 and recommended approval of the Ordinance to the City Council. SSSB 5290 amended certain provisions of Chapter 36.70B RCW, establishing new requirements for local governments regarding project permit processing timelines. Key provisions of the bill include: Updated deadlines for issuing decisions on project permits. • Introduction of options for local governments to implement to avoid partial permit fee refunds, including budgeting on -call permitting staff, contingent budgeting based on permit revenues, and making preapplication meetings optional. In response to these changes, the City of Port Orchard must update the POMC to ensure compliance by December 31, 2024. Failure to adopt these amendments could result in non-compliance with state law. The proposed Ordinance will amend multiple sections of the POMC, specifically sections 20.20.020(3), 20.22.030(5), 20.22.040(6), 20.22.050(6)(a), and others as listed in the Ordinance. The amendments will: • Align permit processing timelines with the requirements of SSSB 5290. • Implement three options from the menu provided in RCW 36.70B.080(1)(1)(ii) to avoid partial fee refunds, including maintaining on -call permitting staff, budgeting for new staff positions, and making preapplication meetings optional. 110 A public hearing on the proposed amendments was held before the Planning Commission at the October 29, 2024, Planning Commission meeting and was properly noticed in accordance with the requirements of POMC 20.25. The City of Port Orchard Planning Commission recommended unanimous approval of the proposed Ordinance to the City Council. The City issued a SEPA Determination of Non -significance (DNS) for the Ordinance on October 15, 2024, and no significant environmental impacts were identified nor were any appeals filed. Additionally, on October 16, 2024, the City requested expedited review of the proposed amendments by the Washington State Department of Commerce. Relationship to Comprenhensive Plan: N/A Recommendation: Staff recommends approval of the proposed amendments to POMC 20.20.020(3), 20.22.030(5), 20.22.040(6), 20.22.050(6)(a), 20.22.060(6), 20.24.010(3), 20.24.040, 20.24.060(1), 20.24.060(5), 20.24.070(1), 20.24.110, 20.25.010(2), 20.50.060, 20.86.100, 20.88.060, 20.88.080(5), 20.96.080, 20.127.310, 20.132.050(5), and 20.200.005. Motion for Consideration: "I move to adopt an ordinance amending Port Orchard Municipal Code 20.20, 20.22, 20.24, 20.25, 20.50, 20.86, 20.88, 20.96, 20.127, 20.132, and 20.200 as presented. Has item been presented to Committee/Work Study? If so, which one: Land Use Committee Fiscal Impact: None foreseen. Alternatives: Do not approve the proposed amendment or provide staff direction to develop alternatives. Attachments: Ordinance Title 20 Amendments SSSB 5290(10_09_2024)(10936400.1)(10951597.1).pdf 111 ORDINANCE No. **-24 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO PROJECT PERMIT PROCEDURES AND TIMELINES; AMENDING SECTIONS 20.20.020(3), 20.22.030(5), 20.22.040(6), 20.22.05o(6)(a), 20.22.060(6), 20.24.010(3), 20.24.040, 20.24.060(1), 20.24.060(5), 20.24.070(1), 20.24.110, 20.25.010(2), 20.50.060, 20.86.100, 20.88.060, 20.88.080(5), 20.96.080, 20.127.310, 20.132.050(5), AND 20.200.005 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard is a code city operating under Title 35A RCW, among other laws; and WHEREAS, in Title 20 of the Port Orchard Municipal Code, the City Council has established the City's development regulations, which include procedures and timelines for the review and processing of project permits, in accordance with Chapter 36.7oB RCW; and WHEREAS, in 2023, the Washington State legislature enacted SSSB 5290, which amends certain provisions in Chapter 36.7oB RCW relating to the review and processing of project permit applications, including the timelines for issuing decisions on project permits, and these amendments will take effect on January 1, 2025; and WHEREAS, the City has determined that it is necessary to amend the provisions of Title 20 of the Port Orchard Municipal Code as stated in this Ordinance, to make the City Code consistent with Chapter 36.7oB RCW, as amended by SSSB 5290; and WHEREAS, SSSB 5290 included a provision for partial permit fee refunds but provided a menu of options that a city could choose to implement to avoid being subject to the payment of partial refunds; and WHEREAS, the City Council wishes to document that it has selected three options from the menu found in RCW 36.7oB.o8o (1) (I) (ii) including: (d) maintaining and budgeting on -call permitting staff and resources, (e) having new positions budgeted that are contingent on increased permit revenues, and (g) adopting development regulations which make preapplication meetings 10951597.1 - 366922 - 0001 112 optional; and WHEREAS, on October 15, 2024, the City issued a Notice of Public Hearing for the proposed amendments to POMC 20.20, 20.22, 20.24, 20.25, 20.50, 20.86, 20.88, 20.96, 20.127, 20.132, and 20.200, which was published and provided to the public in accordance with POMC 20.25.050; and WHEREAS, on October 16, 2024, the City's SEPA official issued a determination of nonsignificance for the proposed amendment, which was published and provided to the public in accordance with POMC 2o.16o.i90 and WAC 197-11-51o, and there have been no appeals; and WHEREAS, this Ordinance was submitted to the Department of Commerce for 15-day expedited review October 16, 2024 which was granted by Commerce and the requisite time has now passed to allow this ordinance to be adopted; and WHEREAS, the Planning Commission conducted a public hearing on the substance of this Ordinance on October 29, 2024 and recommended adoption by the City Council; and WHEREAS, the City Council, after careful consideration of the recommendation from the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent with the City's Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.7oA RCW, and that the amendments herein are in the best interests of the residents of the City and further advance the public health, safety and welfare; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Amendment. Section 20.20.020(3) of the Port Orchard Municipal Code is amended to read as follows: (3) "Project permit" or "project permit application" means any land use or environmental permit or license required from the city, including, but not limited to, building permits, subdivisions, binding site plans, conditional use permits, variances, shoreline substantial development permits, site plan review, site development permits, design reviews, permits or approvals required by critical areas regulations, and site - specific rezones, which do not require a comprehensive plan amendment. SECTION 2. Amendment. Section 20.22.030(5) of the Port Orchard Municipal Code is amended to read as follows: 10951597.1 - 366922 - 0001 113 (5) Decision. (a) Unless a permit type has been excluded from the -12o d permit decision timelines established in POMC 20.24.1102o-.24-.1-6o, pursuant to RCW 36.7oB.140, all Type I applications are subject to the permit decision timelines, but in most eases r-e:,Aei If no correction cycles are required, review should be complete within approximately 30 calendar days from the date of technical completeness. Correction cycles will extend review time in proportion to the time the city must wait for an applicant to submit additional or corrected information. (b) The decision of the director may be reflected on the plans or permit itself or may be documented in a written report or letter of approval. SECTION 3. Amendment. Section 20.22.040(6) of the Port Orchard Municipal Code is amended to read as follows: (6) Decision. Type II decisions are subject to the maximum 1oo+2e-day timeline requirement pursuant to POMC 20.24.110 20.2-4--lAo. A decision for a Type II action shall be made in writing by the director and shall include the following information: (a) A description of the proposal and a listing of permits or approvals included in the application; (b) A statement of the applicable criteria and standards in this code and other applicable law; (c) A statement of background information and facts relied upon by the department which show the application does or does not comply with the approval criteria; (d) A summary of public comment received and how the department or applicant responded to the public comments or concerns; and (e) The decision to deny or approve the application and, if approved, any conditions of approval necessary to ensure the proposed development will comply with applicable law. SECTION 4. Amendment. Section 20.22.05o(6)(a) of the Port Orchard Municipal Code is amended to read as follows: (6) Decision. (a) A written decision for a Type III action shall be issued by the hearing examiner within 14 calendar days after the date the record closes, and not later than 170 calendar days after the issuance of the determination of technical completeness pursuant to POMC 20.24.110, whichever is earlier, unless the applicant has consented in writing to an extension of this time period. The hearing examiner's decision shall 10951597.1 - 366922 - 0001 114 include the following information: (i) A description of the proposal and a listing of permits or approvals included in the application; (ii) A statement of the applicable criteria and standards in the municipal code and other applicable law; (iii) A statement of background information and facts relied upon by the hearing examiner which show the application does or does not comply with the approval criteria and standards; (iv) A summary of public testimony and public comment received and how the department or the applicant responded to the public testimony and public comments; and (v) The decision to deny or approve the application and, if approved, any conditions of approval necessary to ensure the proposed development will comply with applicable law. SECTION 5. Amendment. Section 20.22.060(6) of the Port Orchard Municipal Code is amended to read as follows: (6) Decision. Following receipt of a recommendation from the hearing body, the city council shall approve, approve with conditions, or deny a Type IV application by ordinance. Pursuant to POMC 20.24.110, the City Council's decision must be issued within 170 calendar days of the issuance of the determination of technical completeness, unless the applicant has consented in writing to an extension of this time period. SECTION 6. Amendment. Section 20.24.010(3) of the Port Orchard Municipal Code is amended to read as follows: (3) , Ppotential applicants or their designees are encouraged to request and attend a preapplication conference with eCity staff for all Type II, Type III, and Type IV land use actions. ient should be deemed waWed in the event the dir-eeter- er- dir-eeter-'s designee is unavailable to When a preapplication conference is requested, the applicant shall meet with the director and any other staff members, as appropriate, to discuss the proposed development. SECTION 7. Amendment. Section 20.24.040 of the Port Orchard Municipal Code is amended to read as follows: Counter -completeness. (1) Applications may be submitted to the city in any of the following manners: electronically, mailed to the city, or brought in person to the city, ' All three of these systems are acceptable methods for counter -complete review. However, in no case will an 10951597.1 - 366922 - 0001 115 application be deemed counter -complete until such time as the submission requirements listed in POMC 20.24.030, including the minimum required application per -rid fees, are received by the � (2) An application is counter -complete if the director finds that the application purports and appears to include the information required by the master permit application and associated permit application(s) and all required fees have been paid; provided, no effort shall be made to evaluate the substantive adequacy of the information in the application(s) in the counter -complete review process. No effort shall be made to determine ownership of land as part of the counter - complete review process. (3) Timing of counter -complete determination. an apphea�tien brought in per-sen to the eft-y while the appheant is eemplete, then the appheant shall pay the appropriate fees a�t the tifne of submitta Cal For applications submitted electronically or mailed to the city , within two business days of receipt of the application, the director shall either: (1) determine that the application is tie —counter -complete deter-minatio shall be made if the requirements of Paragraph 2 of this section are met; or (2) determine that the application is not counter -complete if the requirements of Paragraph 2 of this section are not met, in which case the director shall reject and return the application and identify in writing what is needed to make the application counter -complete. If the city does not provide a counter -complete decision for an electronically submitted or a ter-.,.,inatie fer- a mailed application within two business days of receipt, the application shall be deemed counter -complete as of the third business day from receipt provided that all required application components and fees are included with the mailed application. If the city determines that a ter-.,.,inatie fe an electronically submitted or a mailed application is not counter -complete and informs the application in writing what is needed to make the application counter -complete, the application shall be determined or deemed to be counter -complete within five business days of the notificationenline submitW only if the missing application components and all required application fees are received by the city no later than four business days following the notification to the applicantsubmittal. (b) For applications brought in person to the city, the director shall make a counter -complete determination while the applicant is present. If the director decides that the application is counter -complete in accordance with Paragraph 2 of this section, then the applicant shall pay the appropriate fees at the time of submittal. If the director 10951597.1 - 366922 - 0001 116 determines that the application is not counter -complete, then the director shall reject and return the application and identify in writing what is needed to make the application counter -complete. (4) Notwithstanding the foregoing, nNo application shall be automatically deemed counter -complete due to the passage of time unless the submission requirements listed in POMC 20.24.030, including the application fees, are timely received in accordance with this section. eity shall Jeet and r-etur-n the appheatien and identify ; „;frog what ; needed to make the appliea�tien eounter- eemplete. SECTION 8. Amendment. Section 20.24.060(1) of the Port Orchard Municipal Code is amended to read as follows: (1) Within 28 calendar days of determining an application as counter - complete, the director shall provide a written determination as to whether the de nether application is technically complete. A project permit application is technically complete for purposes of this section when it meets the submission requirements of this chapter as well as the submission requirements contained in other applicable sections of the code. This determination of technical completeness shall be made when the application is sufficient for continued processing even though additional information may be required or project modifications may be subsequently undertaken. (a) The written determination shall state either (i) that the application is technically complete, or GO that the application is incomplete and that the procedural submission requirements have not been met, in which case the determination shall outline what information or steps are necessary to make the application procedurally complete. SECTION 9. Amendment. Section 20.24.060(5) of the Port Orchard Municipal Code is amended to read as follows: (5) If the director does not provide a written determination that an application is technically incomplete within the 28-day period, the application shall be deemed technically complete for processing as of the twenty-ninth calendar day following the determination of counter -completeness. If the director does not provide a written determination that an application is technically incomplete, the city may still seek additional information or studies as provided in this section. 10951597.1 - 366922 - 0001 117 SECTION 10.Amendment. Section 20.24.070(1) of the Port Orchard Municipal Code is amended to read as follows: (1) Within io business 14 calendar days of determining an application as technically complete, and before making a decision on the application, the director shall issue a notice of application as set forth in POMC 20.25.010. The director shall grant an extension of time only if the application involves unusual circumstances. SECTION 11. Amendment. Section 20.24.110 of the Port Orchard Municipal Code is amended to read as follows: 20.24.110 Notice of decision. (1) Contents. The notice of decision issued by the director for Type I and II actions, and the findings of fact and conclusions of law issued by the hearing body on Type III and IV actions shall include the following, as a minimum: (a) A list of all project permits included in the decision, including all permits being reviewed through the consolidated review process; (b) Date and description of the decision; (c) Statement of any threshold determination made under SEPA (Chapter 43.21C RCW); (d) Procedures for an administrative appeal, if any; (e) Statement that the affected property owners may request a change in property tax valuation notwithstanding any program of revaluation by contacting the Kitsap County assessor; (f) Duration of the permit approval and a statement summarizing the permit expiration and extension procedures (if any); and (g) Statement that the complete project permit file, including findings, conclusions, and conditions of approval, if any, is available for review. The notice shall list the place that the file is available and the name and telephone number of the city representative to contact about reviewing the file. (2) Persons Entitled to Receive Notice of Decision. A notice of decision, or the written findings of fact and conclusions, shall be provided to the applicant, to any person who submitted written comments on the application (other than a signed petition), to any person who testified at the hearing or any person who requested in writing a copy of the decision, and to the Kitsap County assessor. (3) For project permit applications, the city shall issue a notice of decision within the following timelines unless the time period has been modified pursuant to RCW 36.7oB.o8o or RCW 10951597.1 - 366922 - 0001 118 36.7oB.140, or unless the applicant has agreed to a different deadline:_ (a) For project permits which do not require public notice of application under RCW 36.7oB.lio, the city must issue a final decision within 65 days of issuance of the determination of technical completeness on the application; (b) For project permits which require public notice of application under RCW 36.7oB.iio, the city must issue a final decision within ioo days of the determination of technical completeness on the application; and (c) For project permits which require public notice of application under RCW 36.7oB.11oand public hearing, the city must issue a final decision within 17o days of the determination of technical completeness on the application. (4) In calculating the time periods for issuance of the notice of decision, the number of days shall be calculated by counting every calendar day and excluding the following periods shall be ,,. elu a: (a) Any period between the day that the director has notifies the applicant, in writing, that additional information is required to further process the application and the day when responsive information is resubmitted by the applicant to the city; wing the &te—the dir-eeter deter -mines —tha�t t€x additionalinfer- ation sa�tisfies the request for- infer-mation, Of 14 ealendar- days after- earker; (b) If the director determines that the information submitted is insufficient, the applicant shall be informed of the particular insufficiencies and the procedures set forth in POMC 20.24.06o for calculating the exclusion period shall apply; (c) Any period during which an environmental impact statement (EIS) is being prepared pursuant to Chapter 43.21C RCW and Chapter 20.16o POMC; (d) Anysperiod after an applicant informs the city, in writing, that they would like to temporarily suspend review of the application until the time that the applicant notifies the city, in writing, that they would like to resume the application; (d) Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired; provided, that the city may set conditions on the temporary suspension of a permit application; fer- eensider-atien andissuanee—ef a Qeeisien fer (e) Any extension of time mutually agreed to in writing by the 10951597.1 - 366922 - 0001 119 director and the applicant, and (f) If, at any time, an applicant informs the director, in writing, that the applicant would like to temporarily suspend the review of the project for more than 6o consecutive days, or if an applicant is not responsive for more than 6o consecutive days after the city has notified the applicant, in writing, that additional information is required to further process the application, an additional go days may be added to the time periods for the city to issue a final decision on the application. Any written notice from the director to the applicant that additional information is required to further process the application must include a notice that nonresponsiveness for 6o consecutive daffy result in go days being added to the time for review. For purposes of this section, "nonresponsiveness" means that an applicant is not making demonstrable progress on providing additional requested information to the local government, or that there is no ongoing communication or willingness to provide the additional information. (5) The time limits established in this section do not apply to applications that: (a) Are not project permit applications (such as amendments to the comprehensive plan or a development regulation); (b) Require siting approval of an essential public facility; (c) Are substantially revised by the applicant, in which case the time period shall start from the date that a determination of completeness for the revised application is issued by the director. SECTION 12.Amendment. Section 20.25.010(2) of the Port Orchard Municipal Code is amended to read as follows: (2) Within io business 14 calendar days after the city has made a determination of technical completeness, and before making a decision on an application, the director shall issue a notice of application to: (a) All owners of record of real property within a minimum of 300 feet of the subject site. However, if the owner of the real property which is the subject of the application owns another parcel or parcels of real property which lie adjacent to the real property included in the application, notice under this subsection shall be given to owners of real property located within 300 feet of any portions of the boundaries of such adjacently located parcels of real property owned by the owner of the real property included in the application; (b) All city -recognized neighborhood groups or associations whose boundaries include the subject site; (c) Any person who submits a written request to receive a notice; 10951597.1 - 366922 - 0001 120 and (d) Any government agency that is entitled to notice or that is affected by the application. SECTION 13. Amendment. Section 20.50.060 of the Port Orchard Municipal Code is amended to read as follows: 20.50.06o Deadline for final decision. A conditional use permit application shall be approved, approved with conditions, remanded or denied within the time established in POMC 20.24.110(4)(iii)-!2o days after- the appheatien has been detennifte eemplete, unless the applicant consents in writing to a longer processing time period. SECTION 14. Amendment. Section 20.86.100 of the Port Orchard Municipal Code is amended to read as follows: 20.86.ioo Time limitation for final decision. A short subdivision application shall be approved, approved with conditions, or denied within the time established in POMC 20.24.110(4)(ii) after determination that a complete application has been submitted pursuant to POMC 20.24.o6oe, unless the applicant consents in writing to an extension of such time period or if the preparation of an EIS is required. SECTION 1s. Amendment. Section 20.88.060 of the Port Orchard Municipal Code is amended to read as follows: 20.88.06o Time limitation for final decision. A preliminary plat application shall be approved, approved with conditions, or denied within the time established in POMC 20.24.110(4)(iii)e-y after an application has been determined to be complete pursuant to POMC 20.24.o6oe, unless the applicant consents to an extension in writing of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 12o d period for issuing the decision on the preliminaryplat application shall not include the time spent preparing and circulating the environmental impact statement by the city or time during which the applicant has been asked to provide additional information to the city but has not yet responded. SECTION 16. Amendment. Section 20.88.080(5) of the Port Orchard Municipal Code is amended to read as follows: 10951597.1 - 366922 - 0001 121 (5) Time Limitation for Decision. A preliminary subdivision modification application, either minor or major, shall be approved, approved with conditions, or denied within the time established in POMC 20.24.110(4)(i) or (iii)12o days after the application is determined to be complete pursuant to POMC 20.24.o60e, unless the applicant consents to an extension in writing of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 12o-d period for issuing the decision on the preliminary subdivision modification application shall not include the time spent preparing and circulating the environmental impact statement by the city. SECTION 17. Amendment. Section 20.96.080 of the Port Orchard Municipal Code is amended to read as follows: 2O.96.o8o Time limitation for final decision. A vacation or alteration application shall be approved, approved with conditions or denied within the time established in POMC 20.24.110(4)(ii) or (iii)120 days after the application has been determined to be complete pursuant to POMC 20.24.o60e, unless the applicant consents in writing to an extension of such time period. SECTION 18. Amendment. Section 20.127.310 of the Port Orchard Municipal Code is amended to read as follows: 2O.127.3io Applicability and compliance. (1) See POMC 20.127.020(1) for clarification on the types of development to which these standards apply; provided, that applications for interior alterations are exempt from site plan review, if the interior alteration does not result in (a) additional sleeping quarters or bedrooms; (b) nonconformity with federal emergency management agency substantial improvement thresholds; or (c) an increase in the total square footage or valuation of the structure thereby requiring upgraded fire access or fire suppression systems. For purposes of this section, "interior alterations" include construction activities that do not modify the existing site layout or its current use and involve no exterior work adding to the building footprint. (2) See POMC 20.127.020(2) for the relationship between the provisions in this article and other documents and codes. (3) See POMC 20.127.020(3) for the application of building additions and remodels and site improvements. 10951597.1 - 366922 - 0001 122 SECTION 19. Amendment. Section 20.132.050(5) of the Port Orchard Municipal Code is amended to read as follows: (5) Notice of Final Decision. A notice of decision incorporating the decision on the sign permit application shall issue within the time established in POMC 20.24.110(4)(i) after issuance of the determination of completeness. This deadline shall not apply if a street use permit or special event permit is required. SECTION 20. Amendment. Section 20.200.005 of the Port Orchard Municipal Code is amended to read as follows: 20.200.005 pplicability and compliance. All permits issued pursuant to the codes adopted by reference in this chapter shall follow a Type I permit process pursuant to Chapter 20.22 POMC. However, the time limits for permit issuance found in POMC 20.22 and 20.24, as amended in accordance with RCW 36.7oB.o8o, shall not apply to permits issued pursuant to the codes adopted by reference in this chapter, pursuant to the changes to the definition of "Project Permit" found in RCW 36.7oB.02o as modified by SSSB 5290 (2023). SECTION 21. Effective Date and Savings Clause. This Ordinance shall be in full force and effect five (5) days after posting and publication as required by law, provided the amendments to the City Code in this Ordinance shall be effective on January 1, 2025. Applications submitted to the City prior to January 1, 2025, shall be processed pursuant to the portions of the Port Orchard Municipal Code which are amended by this ordinance, and these amendments shall not be construed as affecting any application submitted prior to January 1, 2025, proceeding thereunder. SECTION 22. 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 2.2. 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 24. Publication. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State Law. 10951597.1 - 366922 - 0001 123 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 day of , 2024. Rob Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Jay Rosapepe, Councilmember 10951597.1 - 366922 - 0001 124 0�4 City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Adoption of an Ordinance Amending Section 10.12.500 of the Port Orchard Municipal Code, Pertaining to Parking of Oversize Vehicles in City Lots 1, 2, 10 and Certain Parking Lots Serving Public Parks. (Ryan) Meeting Date: November 26, 2024 Prepared By: Charli Archer, City Attorney Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director Summary and Background: The City owns public parking Lots 1 and 2 along the waterfront for short-term public use, defined Port Orchard Municipal Code 10.12.500(1)(a) and (k). In addition, the City owns and operates angle -in parking along McCormick Village Drive between SW Old Clifton Road and SW Yarrow Street (see POMC 10.12.500(1)(g)). Further, the City owns and operates parking to serve several smaller parks within the City, namely those serving Paul Powers Park, Van Zee Park, and Rockwell Pocket Park (see POMC 10.12.500(1)(h), (i), and (j)). All of these parking areas/lots feature narrow travel lanes and narrow parking stalls, which are not designed to accommodate large vehicles, such as delivery trucks and recreational vehicles. The City has received complaints that large, oversize vehicles have been blocking access to these areas and taking up more than one stall due to their size. By this Ordinance, the City Council would amend the parking regulations for these lots to prohibit the parking of large, oversize vehicles in these lots, subject to limited exceptions (for short term loading/unloading, and emergency vehicles). Vehicles violating these provisions would be subject to citation. If multiple citations are left unpaid, the vehicles would then be subject to towing. Relationship to Comprenhensive Plan: N/A Recommendation: Adoption of an Ordinance Amending Section 10.12.500 of the Port Orchard Municipal Code, Pertaining to Parking of Oversize Vehicles in City Lots 1, 2, 10 and Certain Parking Lots Serving Public Parks. Motion for Consideration: I move to adopt an Ordinance amending Section 10.12.500 of the Port Orchard Municipal Code, Pertaining to Parking of Oversize Vehicles in certain City Lots. 125 Has item been presented to Committee/Work Study? If so, which one: Work Study Fiscal Impact: Parking enforcement is a general fund expenditure through existing staff; no additional costs are anticipated. Alternatives: Do not adopt and provide alternative guidance. Attachments: ORDINANCE - POMC 10.12 - Oversized Vehicle Parking(10948639.1)(10949327.1).doc 126 ORDINANCE NO. -24 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO PARKING, STANDING, AND STOPPING; AMENDING SECTION 10.12.500 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, WAC 308-330-270 authorizes the City to adopt regulations to prohibit, regulate or limit stopping, standing or parking of vehicles in areas of the City; and WHEREAS, in accordance with that authority, the City's regulations for this topic are codified at Port Orchard Municipal Code (POMC) Chapter 10.12, and POMC Section 10.12.050(1) authorizes the City Council to from time to time, establish parking prohibitions and restrictions on portions of certain specified streets, with those prohibitions and restrictions codified at POMC 10.12.460 through 10.12.530; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update such regulations; and WHEREAS, the City Council chooses to codify any updates to the parking regulations in order to aid the public in its ability to access and review said regulations; and WHEREAS, the City controls parking areas located along the waterfront and adjacent to the Marina Park (known as Lots 1 and 2), as well as parking along McCormick Village Drive between SW Old Clifton Road and SW Yarrow Street (Lot 10), and small parking lots serving Paul Powers Park, Van Zee Park, and Rockwell Pocket Park, and the City maintains parking enforcement to ensure the stalls are available for public use; and WHEREAS, the City desires to clarify that these lots, stalls and travel lanes are not sized to accommodate large, oversized vehicles that occupy more than one stall or otherwise infringe on the circuity of these lots; and WHEREAS, the City Council has reviewed the proposed amendments and believes it to be in the best interests of the City to enact the proposed amendments; Now, Therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.12.500 of the Port Orchard Municipal Code is hereby amended, in part, to read as follows: 10.12.500 City parking lots. (1) The city parking lots are identified as follows: 10949327.1 - 366922 - 0001 127 Ordinance No. 24 Page 2 of 6 (a) Lot 2, which lies between Frederick Street and Sidney Avenue, north of Bay Street. Parking in Lot 2 shall be allowed for a maximum period of four hours, including two car charging stalls limited to four hours maximum, and one motorcycle stall. (g) Lot 10, which lies on the east side of McCormick Village Drive between SW Old Clifton Road and SW Yarrow Street. Parking in Lot 10 shall be allowed for a maximum period of four hours, enforced on a 24-hour basis. (h) Paul Powers Park, which lies north and east of the public works department "south shed" located at 2051 Sidney Avenue. Paul Powers Park parking is limited to dawn -to -dusk parking only. (i) Van Zee Park, which lies south of Tremont Street and west of Sidney Avenue, located at 300 Tremont Street. Van Zee Park parking is limited to dawn -to -dusk parking only. (j) Rockwell Pocket Park will be limited to two-hour parking from dawn to dusk. (k) Lot 1, which lies between Orchard and Frederick Streets, on the north of Bay Street. Parking in Lot 2 shall be allowed for a maximum period of two hours. (2) Parking restrictions in Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9 shall be enforced on a 24-hour basis, except Saturday, Sunday, and federal holidays within the city. (3) The parking of oversize vehicles is prohibited in Lots 1, 2, 10, and Paul Powers Park, Van Zee Park, and Rockwell Pocket Park. Oversize vehicles are defined to include: (a) any single vehicle with a gross vehicle weight rating (GVWR) of 26,001 or more pounds, or any vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating; (b) any single vehicle less than 26,001 pounds GVWR, or any vehicle towing a vehicle or in excess of 10,001 pounds GVWR, including vehicles which are placarded for hazardous materials or designed to transport 16 or more persons, including the driver, or delivery vans; (c) any vehicle registered as a recreational vehicle or trailer for the primary use of transporting the owner's family members or guests or their possessions for non -business purposes; and (d) all other motor trucks, tractors, trailers, buses, house trailers, semi -trailers, farm machinery and equipment having a load capacity in excess of 1%2 tons, or a length in excess of 19 feet, or width in excess of 7 feet. Exception. This prohibition shall not apply when temporary parking is necessary for the preservation of life or property; for example, fire or other emergency vehicles; or when 10949327.1 - 366922 - 0001 128 Ordinance No. 24 Page `� of 6 necessary in order for the operator of an oversize vehicle to load or unload; provided, however, that while loading and unloading, the operator of the large vehicle shall take precautions appropriate to the circumstances to insure that the oversize vehicle is visible to other vehicles using the street, including but not limited to the oversize vehicle must be properly attended and marked, front and rear, with a traffic cone or other similar device; the oversize vehicle must be parked in a manner as to cause only a minimum obstruction to the regular flow of traffic; and the oversize vehicle's flashers, front and rear, must be turned on and operating. (4) Violation of this section is a Class A infraction. SECTION 2. Authorization to Post Signs. The City Engineer is hereby directed to post the signs as required by this Ordinance upon the effective date of this Ordinance. SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 4. Effective Date. This ordinance shall be in full force and effect five (S) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this _ day of November, 2024. Robert Putaansuu, Mayor Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney 10949327.1 - 366922 - 0001 129 Ordinance No. 24 Pajze 4 of 6 Redline of Code Change POW 10.12.500. City parking lots. (1) The city parking lots are identified as follows: (a) Lot 2, which lies between Frederick Street and Sidney Avenue, north of Bay Street. Parking in Lot 2 shall be allowed for a maximum period of four hours, including two car charging stalls limited to four hours maximum, and one motorcycle stall. (b) Lot 5, which is all parking spaces on City Hall property (first floor entry). Parking in Lot 5 shall be for City Hall ADA parking patrons and official vehicles only. The police chief or their designee may authorize deviations to this policy for Lot 5, if necessary. No monetary charge. (c) Lot 6, which is all parking spaces abutting the landscaped area at the southwest corner of the intersection of Bay Street and DeKalb Street (Bayside Plaza). Parking in Lot 6 shall be allowed for a maximum period of two hours. No monetary charge. (d) Lot 7, which is all parking spaces located on the library property. Parking in Lot 7 shall be limited to library staff only. Access to Lot 7 and parallel parking stalls via the adjacent parcel to the south pursuant to easement AF# (8903310122). No monetary charge. (e) Lot 8, which lies east of City Hall, north of and adjacent to Prospect Alley (between Kitsap Street and Prospect Street). Lot 8 is for designated city vehicles and city employees via pass Monday through Friday. No monetary charge. (f) Lot 9, 720 Prospect Street, which lies east of Lot 8, north of and adjacent to Prospect Alley (between Kitsap Street and Prospect Street). Lot 9 is for designated vehicles and city employees via pass Monday through Friday. No monetary charge. (g) Lot 10, which lies on the east side of McCormick Village Drive between SW Old Clifton Road and SW Yarrow Street. Parking in Lot 10 shall be allowed for a maximum period of four hours, enforced on a 24-hour basis. (h) Paul Powers Park, which lies north and east of the public works department "south shed" located at 2051 Sidney Avenue. Paul Powers Park parking is limited to dawn -to -dusk parking only. (i) Van Zee Park, which lies south of Tremont Street and west of Sidney Avenue, located at 300 Tremont Street. Van Zee Park parking is limited to dawn -to -dusk parking only. (j) Rockwell Pocket Park will be limited to two-hour parking from dawn to dusk. (k) Lot 1, which lies between Orchard and Frederick Streets, on the north of Bay Street. Parking in Lot 6 shall be allowed for a maximum period of two hours. (1) Lot 3, which is the five rows of parking and the row of waterfront parking west of Harrison Avenue and east of and parallel to the library's easternmost exterior wall. Parking in Lot 3 is 10949327.1 - 366922 - 0001 130 Ordinance No. 24 Page 5 of 6 Port Orchard Marina parking, subject to city enforcement via an interlocal agreement between the city and the Port of Bremerton. Parking in Lot 3 shall require a paid parking pass issued by the Port of Bremerton except for stalls that are posted as limited to a maximum period of four- hour parking, with no monetary charge. (m) Lot 4, which is all parking which lies east of Parking Lot 3 and Harrison Avenue and west of the Marina Park. Parking in Lot 4 is Port Orchard Marina parking, subject to city enforcement via an interlocal agreement between the city and the Port of Bremerton. Parking in Lot 4 shall require a paid parking pass issued by the Port of Bremerton except for stalls that are posted as limited to a maximum period of two-hour parking or four-hour parking, with no monetary charge. (2) Parking restrictions in Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9 shall be enforced on a 24-hour basis, except Saturday, Sunday, and federal holidays within the city. (3) The parking of oversize vehicles shall be prohibited in Lots 1 and 2. Oversize vehicles are defined to include: (a) any single vehicle with a gross vehicle weight rating (GVWR) of 26,001 or more pounds, or any vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating; (b) any single vehicle less than 26,001 pounds GVWR, or any vehicle towing a vehicle or in excess of 10,001 pounds GVWR, including vehicles which are placarded for hazardous materials or designed to transport 16 or more persons, including the driver, or delivery vans; (c) any vehicle registered as a recreational vehicle or trailer for the primary use of transporting the owner's family members or guests or their possessions for non -business purposes; and (d) all other motor trucks, tractors, trailers, buses, house trailers, semi -trailers, farm machinery and equipment having a load capacity in excess of 1% tons, or a length in excess of 19 feet, or width in excess of 7 feet. Exception. This prohibition shall not apply when temporary parking is necessary for the preservation of life or property; for example, fire or other emergency vehicles; or when necessary in order for the operator of an oversize vehicle to load or unload; provided, however, that while loading and unloading, the operator of the large vehicle shall take precautions appropriate to the circumstances to insure that the oversize vehicle is visible to other vehicles using the street, including but not limited to the oversize vehicle must be properly attended and marked, front and rear, with a traffic cone or other similar device; the oversize vehicle must be parked in a manner as to cause only a minimum obstruction to the regular flow of traffic; and the oversize vehicle's flashers, front and rear, must be turned on and operating. (4) Violation of this section is a Class A infraction. 10949327.1 - 366922 - 0001 131 Ordinance No. 24 Page 6 of 6 10949327.1 - 366922 - 0001 132 0�4 City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Adoption of a Resolution Approving an Agreement with RH2 Engineering, Inc. for the Bay Street Lift Station Project (Ryan) Meeting Date: November 26, 2024 Prepared By: Heidi Draper, PW Procurement Specialist Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director Summary and Background: The Bay Street Lift Station (the "Project"), to reconstruct the lift station, to increase capacity and upgrade the facility to the current standards, was recently identified as a priority task for the City. To fund this Project, staff applied for and received a funding award from the Washington State Public Works Board ("PWB"). On February 27, 2024, the Funding Agreement with PWB was approved by the City Council. To select a qualified engineering firm for the design of this Project, pursuant to the City's Procurement Policies for Architectural and Engineering Professional Services, Resolution No. 073-23, on July 22, 2024, the City's Public Works Department established a list of qualified firms from the 2024 MRSC Consultant Roster (Main Category— Engineering Services and Sub -Category — Pump Station Design and Rehabilitation -Municipal Sewer Systems). On July 25, 2024, Public Works Staff sent a Request for Qualifications (RFQ) to all consultants on the MRSC Roster, the City also posted the RFQ on its website. On August 26,2024, by the 2:00 pm deadline, the City received three (3) Statement of Qualifications. Staff reviewed and scored the Statements of Qualification (SOQ) submitted by the Consultants. The two highest scoring consultants were interviewed on September 19, 2024. Based upon the scoring of the SOQs, interview scoring, and upon reviewing the overall qualifications of the submitting firms, Public Works staff determined RH2 Engineering, Inc., met the requirements and criteria as described in the RFQ and was the most qualified, responsible and responsive consultant to provide the architectural and engineering services for the Project and verified the Consultants licensing. Staff then met with RH2 Engineering, Inc. to discuss the project scope and the associated contract terms, and on November 1, 2024 the City received a proposed scope of work (consistent with the initial RFQ), budget, and fees from RH2 Engineering, Inc. in an amount of $375,000. Relationship to Comprenhensive Plan: Chapter 7-Utilities Recommendation: Staff recommends adoption of a Resolution authorizing the Mayor to sign an Agreement with RH2 Engineering, Inc. for the Bay Street Lift Station Project in an amount not to exceed $375,000, and documenting the Professional Services procurement procedures. 133 Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to sign an Agreement with RH2 Engineering, Inc. for the Bay Street Lift Station Project in an amount not to exceed $375,000, in a form approved by the City Attorney. Has item been presented to Committee/Work Study? If so, which one: Utilities Fiscal Impact: The Bay Street Lift Station Project has sufficient funding budgeted for this Agreement. Additionally, there is sufficient budget authority in 2023-2024 and this project is budgeted in the 2025-2026 biennial budget as well. The City received Washington State Public Works funding in the amount of $1,000,000 ($850,000-loan and $150,000 grant) to fund a portion of this project. Alternatives: Do not approve and provide further guidance. Attachments: RESOLUTI ON_BayStLiftSta-RH2_-_ATTY.doc Contract-BayStLftSta-RH2 (002).pdf 134 RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH RH2 ENGINEERING, INC. FOR ARCHITECTUAL AND ENGINEERING SERVICES FOR THE BAY STREET LIFT STATION PROJECT AND DOCUMENTING PROCUREMENT PROCEDURES WHEREAS, the Bay Street Lift Station, to reconstruct the lift station, to increase capacity and upgrade the facility to the current standards (the "Project") was identified as a priority task for the City; and WHEREAS, Staff applied for and received a funding award from the Washington State Public Works Board ("PWB") for the Project, and on February 27, 2024, the Funding Agreement with PWB was approved by City Council; and WHEREAS, to select an engineering design firm for the Project, on July 22, 2024, pursuant to the City's Procurement Policies for Architectural and Engineering Professional Services, Resolution No. 073-23, as amended, the City's Public Works Department established a list of qualified firms from the 2024 MRSC Consultant Roster (Main Category — Engineering Services and Sub -Category — Pump Station Design and Rehabilitation -Municipal Sewer Systems); and WHEREAS, on July 25, 2024, Public Works Staff sent a Request for Qualifications (RFQ) to all consultants on the Roster, and posted the RFQ on the City's website, and on August 26, 2024, by the 2:00 pm deadline, the City received three (3) Statements of Qualifications (SOQ); and WHEREAS, Staff reviewed and scored the SOQ's submitted by the consultants, and the two highest scoring consultants were interviewed on September 19, 2024; and WHEREAS, based upon overall qualifications inclusive of interviewing scoring, the City's Public Works Department selected RH2 Engineering, Inc. (the "Consultant") for the Project award and then met with the Consultant to discuss the project scope and the associated contract terms; and WHEREAS, on November 1, 2024, the Consultant provided the City's Public Works Department with a viable Proposal; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; Now, Therefore, 135 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 sign an Agreement with RH2 Engineering, Inc. for the Bay Street Lift Station Project, in a form approved by the City Attorney. 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 November 2024. Robert Putaansuu, Mayor City Clerk, Brandy Rinearson, MMC 136 Port Orchard Contract #: _ Authorized Amount: $375,000 Date Start: November 26, 2024 Date End: December 31, 2026 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and RH2 Engineering, Inc., ("Consultant") organized under the laws of the State of Washington, located and doing business at 1201 Pacific Avenue, Suite 1750, Tacoma, WA 98402, Phone: 253 272-3059, Contact: Edwin Halim, Email: ehalim@rh2.com (hereinafter the "Consultant"). RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and WHEREAS, the City complied with the requirements for hiring Consultant contained in Chapter 062-1111:Z��JiI NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform those services described on Exhibit "A," which is attached hereto and incorporated herein bythis reference as if set forth in full. In performing such services, the Consultant shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. 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. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 1 137 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. ❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum of $ ❑ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed 375 000 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit „B .11 ❑ OTHER 3. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the Parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. The City shall pay the Consultant for City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 2 138 services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a period commencing on November 26, 2024 and ending December 31, 2026 unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the Consultant's services. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. S. 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. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant 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. Any reuse or modification of such documents, reports, or other materials or work of the Consultant for the purposes other than those intended by this Agreement shall be at the City's risk and without liability to the Consultant. B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 3 139 Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 7. Relationship of the Parties: Independent Consultant. The Parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - consultants of the Consultant. The 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. 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. Indemnification. Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorneys' fees, to the extent arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, 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 IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 4 140 The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: limits: Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage for liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. 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 Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they 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. City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 5 141 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. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. 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 such other 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 termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms 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. City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 6 142 B. 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. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 12. 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. 13. Termination. 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. i. 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. ii. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 7 143 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 the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. 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. Violation of this Section 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. 15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 8 144 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. 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. 18. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Consultant agrees to share Confidential information only as required to perform the services identified by this Agreement. Any receiving party shall be required to hold and secure the confidential information as they would their own confidential and proprietary information. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation 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 provision are effectuated. 20. 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. 21. 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. City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 9 145 22. 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. 23. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 BwaIlace@cityofportorchard.us Phone:360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: Phone No.: Email: 24. Resolution of Disputes; 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 good faith negotiations or the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 10 146 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. 25. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 26. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination. The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 11 147 D. Information and Reports. The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 28. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 12 148 CONSULTANT 0 CITY OF PORT ORCHARD By: Edwin Halim Robert Putaansuu, Mayor Title: Director Date: 11 /21 /2024 Date: ATTEST/AUTHENTICATE Brandy Wallace, MMC, City Clerk /11]03OILT"_1,12119l79]:l►viI Port Orchard City Attorney's Office City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 13 149 EXHIBIT A Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but not limited to, the following outlined here or attached separately. City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 14 150 EXHIBIT A Scope of Work City of Port Orchard Bay Street Lift Station November 2024 Background The City of Port Orchard's (City) existing Bay Street Lift Station needs to be replaced to increase capacity and upgrade the facility to current standards. The existing pump station configuration includes two 7.5 horsepower dry pit pumps that deliver 730 gallons per minute at 22 feet of total dynamic head through a 10-inch force main along Bay Street. As part of this project, the City also would like to evaluate new locations for the replacement lift station. The City has retained RH2 Engineering, Inc., (RH2) to prepare a preliminary engineering report and design of the lift station improvements to the 90-percent design level. The new lift station may include dry pit or submersible pumps, a generator set, emergency diesel backup pump, security fencing, and updated electrical and mechanical components. Maintaining the operation of the existing lift station during construction of the new lift station also will be critical. This Scope of Work includes an alternatives analysis and siting study, civil design, and project permitting. Future phases to be awarded under separate contracts are anticipated to include preparing design documents for public bidding and providing services during bidding and construction. General Assumptions The following assumptions were made when preparing this Scope of Work: • RH2 will rely upon the accuracy and completeness of information, data, and materials generated or produced by the City or others in relation to this Scope of Work. RH2 assumes that the entity providing such information to RH2 is either the owner of such information or has obtained written authorization from the owner to distribute said information. • Services are limited to those described herein and will be performed to the level of effort identified in the attached Fee Estimate. If additional effort is needed, that extra work will be mutually determined by the City and RH2. • Deliverables will be submitted in electronic format (PDF) unless otherwise noted. • There are three (3) parcels being evaluated for the proposed pump station site. The Parcel Nos. are 252401-2-036-2002 (1120 Bay Street), 252401-2-040-2006 (1212 Bay Street), and 252401-2-017-2005 (1216 Bay Street). • The City has acquired a Washington State Public Works Trust Fund (PWTF) loan for project financing. The City will be the lead on fulfilling the administration requirements of the PWTF loan, with assistance from RH2 when requested. • The City will provide timely review of all submittals when requested. 1 11/14/2024 8:13:32 AM 1:\Data\PO\_BusDev\20240826_PO_M240077_Bay Street Lift Station\Contract\PSA_SOW_Bay Street Lift Station.dou Page 15 151 City of Port Orchard Exhibit A Bay Street Lift Station Scope of Work Task 1— Project Management Objective: Manage the RH2 project team for coordination of various design tasks and obtain the City's input to facilitate this Scope of Work. Attend and participate in project progress meetings. Approach: 11 Provide direction and coordination to the RH2 project team and subconsultants. Coordinate technical disciplines as described herein. Document and retain information generated during the execution of the project. 1,2 Prepare for and attend remote progress meetings with City staff every two (2) weeks. Prepare meeting agendas and minutes. Up to eighteen (18) progress meetings are assumed in the Fee Estimate, in addition to the other milestone and review meetings identified elsewhere in this Scope of Work. 1.3 Prepare and attend one (1) City Utility Committee meeting. 1.4 Prepare and attend one (1) City Council study session. 1.5 Coordinate with the City and provide support for the PWTF loan as requested. 1.6 Prepare and submit monthly invoices and progress reports. 1.7 Create, maintain, and update a project design schedule. RH2 Deliverables: • Attendance at progress meetings. Meeting agendas and minutes. • Attendance at City Utility Committee meeting and City Council study session. • Monthly invoices and progress reports. • Project schedule updates. Phase 1— Alternatives Analysis Task 2 — Data Collection and Preliminary Site Survey Objective: Collect and review existing lift station data. Attend a field visit with adjacent property owners to discuss the potential for property acquisition at the existing Bay Street Lift Station site. Perform site visits to selected locations to determine field elevations. Approach: 2.1 Review existing Bay Street Lift Station background information, reports, historical flow rate, future zoning maps, and pressure data using telemetry data, and other information from the City. 2,2 Coordinate and attend one (1) field visit with adjacent property owners and City staff, if desired, to understand their perspectives on potential property acquisitions. Proposed locations for the new lift station include three (3) parcels on the south side of Bay Street as identified in the General Assumptions. 2 11/14/2024 8:13:32 AM 1:\Data\PO\_BusDev\20240826_PO_M240077_Bay Street Lift Station\Contract\PSA_SOW_Bay Street Lift Station.dou Page 16 152 City of Port Orchard Exhibit A Bay Street Lift Station Scope of Work 2.3 Perform site visits at the potential lift station sites to perform a vertical level loop survey to determine field elevations. 2.4 Support the City on preliminary property/easement acquisition as requested. Coordinate with City staff and the City's attorney, prepare property/easement exhibits and legal descriptions, and attend additional property owner meetings. Up to twenty-four (24) hours have been anticipated for this subtask. Assumptions: • Property/easement appraisals will be provided by the City"s on -call property consultant, Common Street Consulting. Provided by City: • Existing Bay Street Lift Station background information, reports, flow rate data, basin map, future zoning, etc. • Property/easement acquisition legal documents. RH2 Deliverables: • Attendance at property owner field visit. • Preliminary Property/easement exhibits and legal descriptions. Task 3 — Geotechnical Exploration Objective: Obtain geotechnical information for the soil and groundwater conditions at the selected lift station sites and along the proposed force main alignment. Approach: 3.1 Perform a geologic engineering investigation at each proposed lift station site. Review available geologic and geotechnical reports related to the site. Review available geologic, soil, and groundwater information related to the proposed lift station site. Perform a geotechnical investigation to observe, characterize, and document earth and groundwater conditions of the site, identify potential geologic hazards and recommendations to mitigate the geologic risks, and provide recommendations for design and construction of the new lift station. 3.2 Subcontract with a drilling company to excavate up to three (3) 30-foot deep borings. Observe deep soil and groundwater conditions, identify the location and characteristics of existing native materials, and establish a groundwater monitoring well. Observe and document borings. 3.3 Prepare a geologic engineering report that includes a summary of geologic conditions and provide recommendations for the design and construction of the proposed lift station, including shoring and foundation design, drainage, dewatering, and trench stability for contractor shoring requirements. The engineering report will include a figure showing exploration locations, photographs, and logs from each test pit and boring performed. 3 11/14/2024 8:13:32 AM 1:\Data\PO\_BusDev\20240826_PO_M240077_Bay Street Lift Station\Contract\PSA_SOW_Bay Street Lift Station.dou Page 17 153 City of Port Orchard Exhibit A Bay Street Lift Station Scope of Work Assumptions: • A soil laboratory will be subcontracted to provide grain -size analysis of representative soil samples. Provided by City: • Available geologic or geotechnical reports related to the existing lift station. • Right of Access agreements for private properties. RH2 Deliverables: • Soil borings and utility locates provided by the drilling subconsultant. 0 Geologic engineering report. Task 4 — Cultural Resources Report and Monitoring Objective: Assist the City with preparing a Cultural Resources Report in accordance with the requirements of the PWTF, Section 106 of the National Historic Preservation Act, and Governor's Executive Order 05-05 to assist with site selection. The Cultural Resources Report and supporting documents will be used during the funding and permitting process. This Task will be performed by Cultural Resources Consultants (CRC) as a subconsultant to RH2. Approach: 4.1 Coordinate with CRC to evaluate cultural resources and coordinate with the Department of Archeology and Historic Preservation (DAHP). CRC will prepare a Cultural Resources Report, complete permitting efforts required by DAHP, and provide cultural resources monitoring for Task 3. Assumptions: • Cultural resources approval is required prior to starting ground disturbing activities. RH2/CRC Deliverables: 0 Cultural Resources Report. • Coordination with DAHP and submittal of Cultural Resources Report. • Cultural resources monitoring. Task 5 — Site Selection and Lift Station Configuration Alternatives Analysis Objective: Perform hydraulic analysis and evaluate existing flow rates at the Bay Street Lift Station. Evaluate force main sizing, pump alternatives, and lift station configurations. Evaluate site layouts 4 11/14/2024 8:13:32 AM 1:\Data\PO\_BusDev\20240826_PO_M240077_Bay Street Lift Station\Contract\PSA_SOW_Bay Street Lift Station.dou Page 18 154 City of Port Orchard Exhibit A Bay Street Lift Station Scope of Work for the three (3) parcels with the preliminary lift station configurations. Prepare a preliminary engineering report summarizing the site and lift station configuration alternatives analysis. Approach: 5,1 Evaluate the existing lift station flow rates and pressures based on data provided by the City in Task 2. 5,2 Coordinate with the City to determine the sewer basin size and flow projections for sewer hydraulic modeling. Sewer modeling will be performed by the City's consultant engineer (Consor Engineering, Inc.) under an existing on -call contract with the City. 53 Provide a pressure data logger to be temporarily installed on the force main near the pump discharges for up to two (2) weeks to record operational data. Observe a record of pressures gathered on a time interval to determine the force main hydraulics. The pressure data logger will be provided by RH2 for the monitoring period. City staff will install and remove these data loggers. The City also will provide RH2 with the pressure data measured from the City's existing gauges and pump run times for the period of the data logger pressure measurement. 5.4 Perform wet well/pump drawdown tests to determine the approximate full speed discharge flow rate of each pump at the existing lift station. 5.5 Develop system head curves for existing and future flow conditions. 5.6 Evaluate wet pit/dry pit versus submersible lift station pumping alternatives. Evaluate pump manufacturers and type of pump. Consider the site layout, generator, and building locations. a) Perform hydraulic analyses to size and recommend pumps for the proposed lift station based on the flow projections provided by the City. The lift station may be a duplex or triplex layout as identified by the City as part of the design criteria preferences. b) Determine City preferences for the generator. Determine the peak power requirements for the lift station to size the generator equipment. Review and evaluate solar panel, hybrid, and natural gas generator options for the site. c) Evaluate up to two (2) alternatives for providing additional wet well storage at the site. d) Prepare site layouts of the three (3) potential sites with the proposed lift station configuration alternatives. e) Develop an opinion of probable construction cost (OPCC) for each alternative and determine which alternatives are most cost effective. 5,7 Prepare a preliminary engineering report that summarizes the results of the property/easement acquisition, permitting requirements, hydraulic data, and force main and pump evaluations, recommends a preferred pump, and summarizes up to three (3) lift station site alternatives and two (2) lift station configuration alternatives for each site. Prepare conceptual layouts and an OPCC to be included in the engineering report. Submit a draft report to City staff for review and comment. 5 11/14/2024 8:13:32 AM 1:\Data\PO\_BusDev\20240826_PO_M240077_Bay Street Lift Station\Contract\PSA_SOW_Bay Street Lift Station.dou Page 19 155 City of Port Orchard Exhibit A Bay Street Lift Station Scope of Work 5.9 Attend one (1) workshop with City staff to discuss the proposed improvements. Select lift station site and configuration with City staff based on the results of the technical memorandum. 5.9 Finalize the preliminary engineering report based on City comments and workshop discussion. Assumptions: • It is assumed that up to three (3) pump manufacturers and pump types will be evaluated. Provided by City: • Pressure data from the City's existing lift station gauges. • Future flow rate projection for the lift station. • Attendance at workshop by the City Project Manager and Project Engineer to discuss improvements. RH2 Deliverables: • Draft and final preliminary engineering report. • Attendance at workshop to discuss improvements. Phase 2 — Lift Station Design Task 6 — Topographic Survey Objective: Coordinate with Sitts & Hill Engineers, Inc., (Sitts & Hill) as a subconsultant to RH2 to perform a topographic survey of the City's chosen lift station site to identify surface features and known buried utilities. Approach: 6.1 Coordinate with Sitts & Hill to provide horizontal and vertical survey control and topographic information for the lift station site. The survey will include surface features, underground utilities, topography, roadway and utility alignments, rights -of -way, property lines, and easements within the project area. 6.2 Prepare a base map of the project site and perform one (1) site visit to review the base map and facility locations based on survey information. 6.3 Coordinate with a private utility locate company as a subconsultant to RH2 to perform utility locates and coordinate with City staff to perform up to seven (7) utility potholes. 6.4 Incorporate potholing data into the base map. Assumptions: • The City will provide an operator and vactor truck needed for pothole excavation. RH2 is not responsible for the site safety or direction of the City"s operators. Provided by City: • Coordination and assistance with utility potholing in right-of-way. 6 11/14/2024 8:13:32 AM 1:\Data\PO\_BusDev\20240826_PO_M240077_Bay Street Lift Station\Contract\PSA_SOW_Bay Street Lift Station.dou Page 20 156 City of Port Orchard Exhibit A Bay Street Lift Station Scope of Work • Right of Access agreements for private properties. RH2 Deliverables: • Topographic land survey of the lift station site. • Potholing files in electronic format (AutoCAD and PDF). Task 7 — 30-Percent Design Objective: Provide RH2's design criteria checklist to the City for selection of design preferences. Prepare preliminary (30-percent) design plans and OPCC for the lift station and force main. Approach: 7.1 Summarize criteria, standards, guidance, and/or codes governing the design, including mechanical, structural, and electrical design criteria. Develop a design criteria checklist for the City to select its design preferences. Attend one (1) meeting with City staff to review the design criteria and confirm the preferred equipment. 7.2 Perform hydraulic analyses to determine the lift station's capacity to meet current and future build -out flows. 7.3 Create a cover sheet, including sheet index and vicinity map. Create a general notes sheet. 7.4 Develop preliminary site, temporary erosion and sediment control (TESC), grading, and site access plans. 7.5 Develop landscaping plans to be used for permitting applications. 7.6 Develop preliminary structural layout plans for the proposed wet well and dry well. 7.7 Develop preliminary mechanical plans and elevations. 7.9 Develop preliminary electrical plans using City standards. 7.9 Develop preliminary cathodic protection design for the force main. Perform on -site soil resistivity and potential gradient survey. Perform resistivity and chemical analysis of soil samples. Prepare materials/corrosion control summary technical memorandum. 7.10 Develop preliminary traffic control plans. 7.11 Prepare 30-percent design level OPCC. 7.12 Submit 30-percent plans and OPCC to City staff for review. Attend one (1) meeting with City staff to review preliminary design plans. Assumptions: • The TESC plan is anticipated to be a Small Development TESC per City Development Standards and does not include Permanent Stormwater Management of Permanent Small Site Controls because it is assumed those are not requirements of this project. 7 11/14/2024 8:13:32 AM 1:\Data\PO\_BusDev\20240826_PO_M240077_Bay Street Lift Station\Contract\PSA_SOW_Bay Street Lift Station.dou Page 21 157 City of Port Orchard Exhibit A Bay Street Lift Station Scope of Work Provided by City: • Design criteria checklist with chosen preferences. • Attendance at design criteria and 30-percent design review meetings. • Review comments on 30-percent design plans. RH2 Deliverables: • Design criteria checklist and attendance at meeting. • Materials/corrosion control summary technical memorandum. • 30-percent design plans and OPCC. • Attendance at 30-percent design review meeting. Task 8 — Permitting Objective: Assist the City with preparing and submitting permit applications for the lift station project. Attend one (1) pre -application meeting and coordinate with review agencies. Approach: 8,1 Prepare and submit a pre -application meeting request to the City's Community Development Department. Attend one (1) pre -application meeting with City staff to review the project and discuss required permits, submittal needs, and review times. Prepare meeting agenda and minutes. 8,2 Prepare a Conditional Use Permit (CUP) application and associated components (i.e., vicinity map, site plans, floor plans, site photos, etc.). Coordinate with City Public Works staff to review and comment on the application prior to submittal. Finalize the CUP application with City staff comments and submit to the City's Community Development Department. Attend the public hearing with the Hearing Examiner to support City Public Works staff. It is assumed two (2) RH2 staff members will attend the hearing. 8.3 Prepare a State Environmental Policy Act (SEPA) Checklist. Prepare a draft SEPA Checklist for City Public Works review. Finalize the SEPA Checklist based on City comments, and provide to the City's Community Development Department for review, publication, and decision components. 8.4 Prepare and submit documents for Critical Areas Ordinance (CAO) compliance. CAO compliance is anticipated for work adjacent to the Puget Sound and within a marine environment. The project may apply for an exemption to the CAO, which will be discussed with City staff during the pre -application meeting. 8.5 Prepare a Site Development and Land Development Activity Permit (SDP/LDAP) and coordinate with City Public Works staff to review and comment on the application before submittal. Finalize the SDP/LDAP application with City staff comments and submit to the City's Community Development Department. 11/14/2024 8:13:32 AM 1:\Data\PO\_BusDev\20240826_PO_M240077_Bay Street Lift Station\Contract\PSA_SOW_Bay Street Lift Station.dou Page 22 158 City of Port Orchard Exhibit A Bay Street Lift Station Scope of Work $.6 Prepare an Engineered Drainage Report (EDR)/Stormwater Pollution Prevention Plan (SWPPP). Coordinate with City Public Works staff to review and comment on the SWPPP prior to submittal. Finalize the SWPPP with City staff comments and submit to the City's Community Development Department. It is anticipated that the ERD/SWPPP will be submitted with the SDP/LDAP. Assumptions: • Permitting is assumed to be primarily through the City and Ecology. • No Kitsap County permits are anticipated. • The City will pay for all permitting fees directly. • The CUP hearing will only require one (1) meeting and one (1) day of travel for two (2) RH2 staff. • The approved permit applications will be incorporated into bidding and construction documents. • Acceptance of the permit applications by the applicable agencies is beyond the control of RH2 and the City, and no date is warranted or implied for agency response or approval. • The project will require a Site Development Permit (SDP), Land Development Activity Permit (LDAP), Engineered Drainage Report (EDR)/Stormwater Pollution Prevention Plan (SWPPP) and a Commercial Building Permit (CBP). These permits are typically applied for at the 90% level for construction of the improvements. These permits will not be applied for as part of this project as this project is anticipated to be shelved at 90% design for an unknown number of years until development in the area necessitates the replacement of the lift station. Provided by City: • Payment for all permit fees and publication costs. • Attendance at pre -application meeting. • Assistance with permit submittals and coordination through the Community Development Department. • Assistance with agency coordination and facilitation through state agencies. • Coordination with local newspaper for SEPA and NOI publications. RH2 Deliverables: • Attendance of up to three (3) RH2 staff at the pre -application meeting. • Application, questions, and meeting minutes for the pre -application meeting. • Attendance of up to two (2) RH2 staff members at the public hearing. • SEPA Checklist. • CUP application. 7 11/14/2024 8:13:32 AM 1:\Data\PO\_BusDev\20240826_PO_M240077_Bay Street Lift Station\Contract\PSA_SOW_Bay Street Lift Station.dou Page 23 159 City of Port Orchard Exhibit A Bay Street Lift Station Scope of Work • CAO compliance documentation. • SDP/LDAP application. • EDR/SWPPP. Task 9 — 60-Percent Design Objective: Develop 60-percent design plans, technical specifications, and OPCC based on decisions made during the 30-percent design phase. Approach: 9.1 Prepare 60-percent standard plans. 9.2 Prepare 60-percent site plans, traffic control plans, TESC plan, and details. 9.3 Prepare 60-percent mechanical plans and elevation. Develop mechanical details sheet. 9.4 Prepare temporary bypass details. 9.5 Prepare structural calculations. Provide an internal quality assurance and quality control (QA/QC) review of the structural calculations. Make recommended updates and additions to calculations per QA/QC review comments. Prepare and format calculations with supporting documents. 9.6 Develop 60-percent structural plans and details. 9.7 Prepare 60-percent electrical and telemetry plans. Create electrical details and control logic diagram sheets. 9.9 Prepare City standard details sheets. 9.9 Prepare 60-percent technical specifications. Technical specifications will be in RH2's modified Construction Specifications Institute (CSI) format. 9.10 Prepare 60-percent design level OPCC. 9.11 Develop connection to existing piping details and miscellaneous sewer lift station details. 9.12 Perform internal QA/QC review on the 60-percent design plans and technical specifications. Incorporate internal review comments into the plans and specifications. 9.13 Update property acquisition exhibits prepared in Task 2. 9.14 Submit 60-percent plans, technical specifications, and OPCC to City staff for review. Attend one (1) meeting with City staff to review 60-percent design documents. 10 11/14/2024 8:13:32 AM 1:\Data\PO\_BusDev\20240826_PO_M240077_Bay Street Lift Station\Contract\PSA_SOW_Bay Street Lift Station.dou Page 24 160 City of Port Orchard Exhibit A Bay Street Lift Station Scope of Work Assumptions: • Design plans will include details to reduce traffic and pedestrian impacts and limit restoration of landscaping to the extent possible. • The structure is assumed to be a below grade, cast -in -place concrete structure with no above grade elements. Provided by City: • Review comments on 60-percent design plans, technical specifications, and OPCC. • Attendance at 60-percent design review meeting. RH2 Deliverables: • Updated exhibits for property acquisition. • Structural calculations for proposed structural improvements. • 60-percent design plans, technical specifications, and OPCC. • Attendance at 60-percent design review meeting. Task 10 — 90-Percent Design Objective: Develop 90-percent design plans, construction contract documents, technical specifications, and OPCC. The comments developed during the 60-percent review process will be addressed. It is anticipated that 90-percent review comments will be constrained to details that were developed subsequent to the 60-percent review submittal, or that were revised or unresolved during the 60-percent review process. Approach: 10.1 Incorporate the City's comments from the 60-percent design review meeting into the design plans. Advance the design plans to the 90-percent design level. 10.2 Incorporate the City's comments on the 60-percent technical specifications and advance to the 90-percent design level. 10.3 Update and revise the OPCC based on the 90-percent design. 10.4 Perform internal QA/QC review on the 90-percent design plans and technical specifications. Incorporate internal review comments into the plans and specifications. 10.5 Finalize property acquisition exhibits prepared in Task 2. 10.6 Submit 90-percent plans, construction contract documents, technical specifications, and OPCC to City staff for review. Attend one (1) meeting with City staff to review 90-percent design. 11 11/14/2024 8:13:32 AM 1:\Data\PO\_BusDev\20240826_PO_M240077_Bay Street Lift Station\Contract\PSA_SOW_Bay Street Lift Station.dou Page 25 161 City of Port Orchard Exhibit A Bay Street Lift Station Scope of Work Assumptions: • Supervisory control and data acquisition (SCADA) programming and testing needed during construction will be performed by the City's contracted SCADA programmer, Technical Services, Inc. • It is assumed that bid -ready design and services during bidding and construction will be prepared in a future phase. • The structure is assumed to be a below grade, cast -in -place concrete structure with no above grade elements. Provided by City: • Standard front-end construction contract forms and general provisions in Word format. Review comments on 90-percent design plans, construction contract documents, technical specifications, and OPCC. • Attendance at 90-percent design review meeting. RH2 Deliverables: • Final updated exhibits for acquisition. • 90-percent design plans, technical specifications, and OPCC. • Attendance at 90-percent design review meeting. Project Schedule RH2 is prepared to commence with the work upon written authorization from the City and 90-percent design documents are anticipated to be delivered by December 2025. 12 11/14/2024 8:13:32 AM 1:\Data\PO\_BusDev\20240826_PO_M240077_Bay Street Lift Station\Contract\PSA_SOW_Bay Street Lift Station.dou Page 26 162 EXHIBIT B & C Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance with the rates specified below or attached hereto, as Exhibit B. City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 27 163 1:V4:111 111 i 1 Fee Estimate City of Port Orchard Bay Street Lift Station Nov-24 Total Total Labor Total Subconsultant Total Expense Total Cost Description Hours Task 1 Project Management 122 $ 31,159 $ - $ 1,373 $ 32,532 1.1 Provide direction, coordination, and oversight to RI-12 team 12 $ 3,120 $ - $ 88 $ 3,208 1.2 Prepare for and attend progress meetings 36 $ 9,747 $ - $ 309 $ 10,056 1.3 Prepare for and attend City Utility Committee meeting 20 $ 4,896 $ - $ 366 $ 5,262 1.4 Prepare for and attend City Council study session 20 $ 4,896 $ - $ 366 $ 5,262 1.5 Coordinate with City and provide PWTF loan support 8 $ 2,080 $ - $ 62 $ 2,142 1.6 Prepare and submit monthly invoices 16 $ 3,820 $ - $ 106 $ 3,926 1.7 Create, maintain, and update design schedule 10 $ 2,600 $ - $ 75 $ 2,675 Phase 1 - Alternatives Analvsis Task 2 Data Collection and Preliminary Site Survey 72 $ 18,864 $ 1,150 $ 924 $ 20,938 2.1 Review existing background information 18 $ 4,794 $ - $ 213 $ 5,007 2.2 Coordinate and attend field visit with property owners 18 $ 4,938 $ - $ 202 $ 5,140 2.3 Perform site visits at potential lift station sites 12 $ 2,892 $ - $ 260 $ 3,152 2.4 Support the City with preliminary property acquisition 24 $ 6,240 $ 1,150 $ 249 $ 7,639 Task 3 Geotechnical Exploration 88 1 $ 23,044 $ 12,650 $ 811 $ 36,505 3.1 Perform eeotechnical eneineerine investigation 12 1 S 3.348 S - S 94 S 3.442 3.2 Subcontract with drilling company to perform borings 24 $ 6,286 $ 12,650 $ 369 $ 19,305 3.3 Prepare geologic engineering report 52 $ 13,410 $ - $ 348 $ 13,758 Task 4 Cultural Resources Report and Monitoring 6 $ 1,226 1 $ 11,500 1 $ 41 $ 12,767 4.1 Coordinate with CRC to evaluate cultural resources 6 $ 1,226 $ 11,500 $ 41 $ 12,767 Task 5 Site Selection and Lift Station Configuration Alternatives Analysis 135 $ 34,188 $ - $ 1,706 $ 35,894 5.1 Evaluate existing lift station flow rates and pressures Determine basin size and flow projections Provide pressure data logger and observe pressures 10 $ 2,600 $ - $ 130 $ 2,730 5.2 10 $ 2,600 $ - $ 130 $ 2,730 5.3 10 $ 2,600 $ - $ 171 $ 2,771 5.4 Perform wet well/pump drawdown tests Develop system head curves for flow conditions Evaluate pumping alternatives Prepare preliminary engineering report 7 $ 1,820 $ - $ 83 $ 1,903 5.5 11 $ 2,903 $ - $ 138 $ 3,041 5.6 10 $ 2,600 $ - $ 130 $ 2,730 5.7 48 $ 11,984 $ - $ 477 $ 12,461 5.8 Attend workshop to discuss improvements 8 $ 2,080 $ - $ 170 $ 2,250 5.9 Finalize preliminary engineering report 21 $ 5,001 $ - $ 275 $ 5,276 Phase 2 - Lift Station Design Task 6 Topographic Survey 47 $ 10,670 $ 19,550 $ 1,089 $ 31,309 6.1 Coordinate with Sitts & Hill to provide survev 4 S 706 S 17.250 1 S 28 S 17.984 6.2 Prepare base map and perform site visit 16 $ 3,704 $ - $ - $ 431 $ 4,135 6.3 Coordinate utility potholes 21 $ 4,852 $ 502 $ 5,354 6.4 Incorporate potholing data into base map 6 $ 1,408 $ 2,300 $ 128 $ 3,836 Task 7 30-Percent Design 246 $ 57,124 $ - $ 4,930 $ 62,054 7.1 Summarize design criteria and attend review meeting 5 $ 1,300 $ - $ 72 $ 1,372 7.2 Perform hydraulic analyses 11 $ 2,903 $ - $ 138 $ 3,041 7.3 Create cover sheet and general notes sheet 7 $ 1,668 $ - $ 135 $ 1,803 7.4 Develop preliminary site, TESC, grading, and access plans 26 $ 6,152 $ - $ 522 $ 6,674 7.5 Develop landscaping plans 11 $ 2,556 $ - $ 239 $ 2,795 7.6 Develop preliminary structural layout plans 39 $ 8,226 $ - $ 876 $ 9,102 7.7 Develop preliminary mechanical plans 26 $ 6,152 $ - $ 522 $ 6,674 7.8 Develop preliminary electrical, generator, and control plans 56 $ 12,104 $ - $ 1,221 $ 13,325 7.9 Develop preliminary cathodic protection design, prepare technical memorandum 20 $ 5,286 $ - $ 225 $ 5,511 7.10 Develop preliminary traffic control plans 13 $ 3,076 $ - $ 252 $ 3,328 7.11 Prepare 30-percent design level OPCC 20 $ 4,733 $ - $ 404 $ 5,137 7.12 Submit 30-percent documents to City and attend review meeting 12 $ 2,968 $ - $ 325 $ 3,293 Task 8 Permitting 102 $ 24,956 1 $ - $ 624 $ 25,580 8.1 Prepare for and attend pre -application meeting with City staff Prepare a CUP application and attend public hearing Prepare SEPA Checklist 14 $ 3,436 $ - $ 86 $ 3,522 8.2 26 $ 6,352 $ - $ 159 $ 6,511 8.3 26 26 $ 6,352 $ 6,352 $ - $ - $ 159 $ 159 $ 6,511 $ 6,511 8.4 Prepare and submit documents for CAO compliance 8.5 Prepare and submit SDP/LDAP 10 $ 2,464 $ - $ 62 $ 2,526 Task 9 60-Percent Design 305 $ 69,467 $ 1,150 $ 6,624 $ 77,241 9.1 Prepare 60-percent standard plans 11 $ 2,556 $ - $ 434 $ 2,990 9.2 Prepare 60-percent site, traffic control, and TESC plans and details 11 $ 2,556 $ - $ 239 $ 2,795 9.3 Prepare 60-percent mechanical plans and elevation 29 $ 6,628 $ - $ 671 $ 7,299 9.4 Prepare temporary bypass details 11 $ 2,556 $ - $ 239 $ 2,795 9.5 Prepare structural calculations 26 $ 5,616 $ - $ 563 $ 6,179 9.6 Develop 60-percent structural plans and details 44 $ 9,076 $ - $ 1,035 $ 10,111 9.7 Prepare 60-percent electrical and telemetry plans 69 $ 14,973 $ - $ 1,485 $ 16,458 9.8 Prepare City standard detail sheets 5 $ 1,148 $ - $ 122 $ 1,270 9.9 Prepare 60-percent technical specifications 46 $ 11,222 $ - $ 721 $ 11,943 9.10 Prepare 60-percent design level OPCC 15 $ 3,444 $ - $ 317 $ 3,761 9.11 Develop connection to existing piping details 7 $ 1,668 $ - $ 135 $ 1,803 9.12 Perform internal QA/QC and incorporate review comments 15 $ 4,092 $ - $ 185 $ 4,277 9.13 Update property acquisition exhibits prepared under Task 2. 4 $ 964 $ 1,150 $ 80 $ 2,194 9.14 Submit 60-percent design to City and attend review meeting 12 $ 2,968 $ - $ 398 $ 3,366 Task 10 90-Percent Design 153 $ 35,795 $ 1,150 $ 3,004 $ 39,949 10.1 Incorporate City comments and advance design plans to 90 percent 68 $ 15,592 $ - $ 1,363 $ 16,955 10.2 Incorporate City comments on technical specifications and advance to 90 percent 36 $ 7,830 $ - $ 591 $ 8,421 10.3 Update and revise OPCC based on 90-percent design 11 $ 2,621 $ - $ 213 $ 2,834 10.4 Perform internal QA/QC review and incorporate internal review comments 27 $ 7,120 $ - $ 408 $ 7,528 10.5 Finalize property acquisition exhibits prepared under Task 2. 4 $ 964 $ 1,150 $ 90 $ 2,204 10.6 Submit 90-percent design to City and attend review meeting 7 $ 1,668 $ - $ 338 $ 2,006 PROJECT TOTAL 1 1276 1 $ 306,493 1 $ 47,150 1 $ 21,125 1 $ 375,000 1:\Data\PO\_BusDev\20240826_PO_M240077_Bay Street Lift Station\Contract\PSA_FEE_Bay Street Lift Station 11/14/228M 164 EXHIBIT C RH2 ENGINEERING, INC. 2025 SCHEDULE OF RATES AND CHARGES RATE LIST RATE UNIT Professional 1 $180 $/hr Professional 11 $199 $/hr Professional III $222 $/hr Professional IV $243 $/hr Professional V $260 $/hr Professional VI $279 $/hr Professional VII $303 $/hr Professional VIII $327 $/hr Professional IX $336 $/hr Technician 1 $142 $/hr Technician 11 $155 $/hr Technician 111 $176 $/hr Technician IV $188 $/hr Technician V $207 $/hr Technician VI $225 $/hr Technician VII $244 $/hr Technician VIII $257 $/hr Administrative 1 $93 $/hr Administrative II $108 $/hr Administrative 111 $131 $/hr Administrative IV $155 $/hr Administrative V $175 $/hr CAD/GIS System $27.50 $/hr CAD Plots - Half Size $2.50 price per plot CAD Plots - Full Size $10.00 price per plot CAD Plots - Large $25.00 price per plot Copies (bw) 8.5" X 11" $0.09 price per copy Copies (bw) 8.5" X 14" $0.14 price per copy Copies (bw) 11" X 17" $0.20 price per copy Copies (color) 8.5" X 11" $0.90 price per copy Copies (color) 8.5" X 14" $1.20 price per copy Copies (color) 11" X 17" $2.00 price per copy Technology Charge 2.50% % of Direct Labor Night Work 10.00% %of Direct Labor Mileage $0.6700 price per mile (or Current IRS Rate) Subconsultants 15% Cost + Outside Services at cost Rates listed are adjusted annually. Page 29 165 APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 30 166 discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and RH2 Engineering, Inc. Public Works Project: Services for Bay Street Lift Station Project Updated 4120111BDR Page 31 167 DqM City of Port Orchard ORCHARD216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Approval of Amendment 5 to Contract No. 052-19 with Attorney Thomas Pors for Water Rights Legal Services (Ryan) Meeting Date: November 26, 2024 Prepared By: Heidi Draper, PW Procurement Specialist Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director Summary and Background: Following the Washington State Supreme Court decision Foster v. Ecoloav, City of Yelm, and Washington Pollution Control Hearings Board, a decision that impacted the WA Dept. of Ecology's work on water right change applications, mitigation packages, and water banking, the City has utilized specialized legal services to assist with issues of implementation pertaining to these issues. On September 10, 2019, the City executed Contract No. 052-19 with the Law Office of attorney Thomas M. Pors, a water rights specialist, for legal services regarding the City's water rights (the "Contract"). On December 31, 2020, November 15, 2021, and November 17, 2022, respectively, per delegated authority, the PW Director authorized Amendment No. 1, Amendment No. 2, and Amendment No. 3. These amendments were time -only extensions for the contract, due to delays because of the Engrossed Substitute Senate Bill 6091 Foster Pilot Project. Most recently, Amendment No. 4 increased the contract by $10,000 and extended the duration of the contract, was authorized by the Public Works Director on June 11, 2024. Additional legal services are necessary to complete this project. Accordingly, Amendment No. 5 will extend the duration of the contract to December 31, 2026 and adds $25,000 to the Contract increasing the time and materials Not To Exceed amount from $147,500 to S172,500, inclusive of all compensation paid after execution of the Contract and Amendments 1,2, 3 & 4, but prior to this Amendment. This is for continued work on the Water Rights project which has been complicated and delayed due to the Foster Pilot Project. A presentation is scheduled for the December 17, 2024 Council meeting, in which Thomas Pors will provide a briefing on the Foster Pilot Project. Relationship to Comprenhensive Plan: Chapter 7 - Utilities Recommendation: Staff recommends that the City Council authorize the Mayor to execute Amendment No. 5 to Contract No. 052-19 with the Law Office of Thomas M. Pors for Water Rights Legal Services to extend the duration of the Contract to December 31, 2026, and increase the Contract amount for the extension period. 168 Motion for Consideration: Staff recommends that the City Council authorize the Mayor execute Amendment No. 5 to Contract No. 052-19 with the Law Office of Thomas M. Pors for Water Rights Legal Services. Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: Funding for this project is budgeted in the 2025-2026 Biennial Budget under GL Code GL Code 411.05.534.10.40. Alternatives: Do not approve and provide alternative guidance. Attachments: C052-19 Law Office of Thomas Port Amendment 5-TPsigned.pdf 169 CITY OF PORT ORCHARD Authorization for Amendment No. 5 Date: November 26, 2024 Consultant: Law Office of Thomas M. Pors Project: Water Rights — Legal Services 1700 Seventh Ave., Suite 2100 Contract / Job # C052-19 Seattle, WA 98101 This Amendment Authorizes the followin. chan es to the A reemgent: . A time extension - extending the termination dat to De ember 31, 20,56. An an Increase of $25,000 for total contract of $172,500. This amendment is necessary for the consultant's continuing services which were delayed during the ESSB 6091 Foster Pilot Project. C052-19, Section 3 Terms. Is amended to read as follows: This agreement shall commence on September 10, 2019 ("Commencement Date") and shall terminate December 31, 2026, unless extended or terminated in writing as provided herein. C052-19 Section 4 Compensation. Is amended to read as follows: TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $172,500 without written authorization and will be based on a list of billing rates and reimbursable expenses attached hereto as Exhibit "A&B", inclusive of all compensation paid after execution of the Contract and Amendments 1,2, 3 & 4, but prior to this Amendment. In all other respects the Underlying agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. Amount Sales Tax Total Date Appvd b reement $137,500.00 $0.00 $137,500.00 10-Sep-19 Council Amendment #1 $0.00 $0.00 $0.00 31-Dec-20 PW Director Amendment #2 $0.00 $0.00 $0.00 15-Nov-21 PW Director Amendment #3 $0.00 $0.00 $0.00 17-Nov-22 PW Director Amendment #4 $10,000.001 $0.00 $10,000.00 11-Jun-24 PW Director Amendment #5 $25,000.001 $0.00 $25,000.00 26-Nov-24 Council Iment $172,500.00 $0.00 $172,500.00 I have reviewed the Amendment information above and certify that to the best of my knowledge descriptions and costs ar I d a e. Digitally signed by Denis Ryan Denis Ryan Date: 2024.11.12 14:24:16 '` -08 00 Contractor Approval Signature Public Works Director 1 F Denis Ryan . Printedce e & Title gam~ Printed Name Public Works Contracts Greater than $35,000: Change Orders that do not exceed 10%, with a maximum of $s0,000, of either legally authorized budget limit or Approved: contract amount established by City Council can be approved by the Public Works Mayor Director. Total Contract Amount shall reset to reflect new Council -approved contract totals authorized prior to the requested change order. $50,000-$100,000 require Mayoral Approval. $100,000 and over require Council Approval Attest: Public Works Contracts under $35,000, change orders that individually do not City Clerk exceed $7,500 with an aggregate cap of $10,000. Public Works Contracts unbudieted and under $7,500: All Change Orders that do not exceed an aggregate cap of $7,500 (Excluding underlying value), provided there Council Approval Date are departmental funds available in the budget. All Departments: Mayor approves any and all Change orders that do not exceed 10% of either authorized budget limit or contract amount established by City Council. With a maximum aggregate amount of $100,000. Total Contract Amount shall reset to reflect new Council -approved contract totals authorized prior to the requested change order. Any individual Change order that is over $100,000 requires Council approval. 170 DqM City of Port Orchard ORCHARD216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Approval of Amendment No. 2 to Contract No. 003-22 with Consor North America for On -Call Modeling Update Services for the City's Sewer Systems (Ryan) Meeting Date: November 26, 2024 Prepared By: Heidi Draper, PW Procurement Specialist Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director Summary and Background: Due to the limitations of in-house staff, the City utilizes the services of a qualified engineering firm to perform on-call/modeling services for the City's Sewer Systems, and associated projects, and solicits qualified firms through a Qualifications -Based Selection (QBS) process consistent with Chapter 39.80 RCW on a regular basis to ensure a competitive rate for these services. Following a full procurement process, on January 11, 2022, the Port Orchard City Council approved Contract No. C003-22 with selected, qualified consultant Consor North America, Inc. (formerly Murraysmith) for 2022 On-Call/Modeling Update Services for the City's Sewer Systems. The City Council then approved Amendment 1 to the Agreement on December 13, 2022, which memorialized the Consultants entity name change (from Murraysmith, Inc to CONSOR North America, Inc.), included a needed time extension, and allocated funding for continued On-Call/Modeling Update services through December 31, 2024. Due to continuing tasks requiring this expertise, the City would like to extend the Agreement to retain these services. The 2025-2026 Biennial Budget provides funding of $50,000 per year to pay for these services. This proposed Amendment would extend the duration of the contract to December 31, 2026, and increase Contract C001-22 from $230,000 to $330,000. Relationship to Comprenhensive Plan: Chapter 7 - Utilities Recommendation: Staff recommends that the City Council authorize the Mayor to execute Amendment No. 2 to Contract No. C003-22 with CONSOR North America, Inc. to extend the duration of the contract to December 31, 2026, and increase the contract amount for the extension period. Motion for Consideration: Staff recommends that the City Council authorize the Mayor to execute Amendment No. 2 to Contract No. C003-22 with CONSOR North America, Inc. for On-Call/Modeling Update Services for the City's Sewer Systems. 171 Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: $100,000 for Sewer On -Call Services are included in the 2025-2026 Biennial Budget. (GL Code 431.05.535.10.40) Alternatives: Do not authorize and provide alternative guidance. Attachments: Amendment 2 to C003-22.pdf 172 CITY OF PORT ORCHARD Authorization for Amendment No. 2 Date: November 26, 2024 Project: On-Call/Modeling Update Services for the Citv's Sewer Systems Contract / Job # C003-22 Contractor: CONSOR North America, Inc 600 University Street, Suite 300, Seattle, WA 98101 THIS AMENDMENT AUTHORIZES THE FOLLOWING CHANGES TO THE AGREEMENT: 1. A time extension - extending the Agreement termination date to December 31, 2026. 2. A Contract increase of $100,000 ($50,000 annually for 2025 and 2026) for a "Time and Materials Not to Exceed" total of $330,000. In all other respects the Underlying agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. The extension is for continued On-Call/Modeling Update services for 2025 and 2026. Contract History Amount Sales Tax Total Date Appvd b 1.0riginal Contract 580,000.00 $0.00 580,000.00 11-Jan-22 Council Amendment 1 $150,000.00 $0.00 $150,000.00 13-Dec-22 Council .Amendment 2 $100,000.00 $0.00 $100,000.00 27-Nov-24 Council Total Contract $330,000.00 $0.00 $330 000.00 I have reviewed the Amendment information above and certify that to the best of my knowledge descriptions and costs arp true and accurate. r-My ene su.:,k.. PE ruP orr.0 u9 E=nixxln,W�we wwrycam,tl Cn W Digitally signed by Denis Ryan Erika Schuyler, PE, PMPNA. ;^ r Denis Ryan Date: 2024.11.12 14:21:23-08'00' Dee. 20,4-11 14 10:24 20-09'00' Consultant Approval Signature Public Works Director/City Engineer Erika Schuyler, PE, PMP Water Vice Preside Printed Name & Title Public Works Contracts Greater than $35_,000: Change Orders that do not exceed 10%, with a maximum of 55Q000- of either legally authorized budget limit or contract amount established by City Council can be approved by the Public Works Director. Total Contract Amount shall reset to reflect new Council -approved contract totals authorized prior to the requested change order, $50,000-$100,000 require Mayoral Approval. $100,000 and over require Council Approval Public WorM t:ontraets under „�35,, change orders that individually do not exceed $7,500 with an aggregate cap of $10,000. PutiOe tracts unbu dwed and and 7500: All Change Orders that do not exceed an aggregate cap of $7,500 (Excluding underlying value), provided there are departmental Funds available in the budget. All Iftipartments. Mayor approves any and all Change orders that do not exceed 10% of either authorized budget limit or contract amount established by City Council. With a maximum aggregate amount of $100,000. Total Contract Amount shall reset to reflect new Council -approved contract totals authorized prior to the requested change order. Any individual Change order that is over $100,000 requires Council approval. Denis Ryan Printed Name Approved: Attest: Council Approval Date Mayor City Clerk 173 AMENDMENT NO. 2 TO CONTRACT NO. C003-22 CITY OF PORT ORCHARD AGREEMENT WITH CONSOR North America, Inc THIS AMENDMENT No. 2 ("Amendment") to Contract No. C003-22 is made effective as of the 2 6 t h day of November, 2024, by and between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and CONSOR North America, Inc., an Oregon corporation ("Consultant"). City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, on the 115L day of January 2022, the City executed an Agreement for the On- Call/Modeling Update Services for the City's Sewer Systems, Contract No. C003-22 with the Consultant ("Underlying Agreement"); and WHEREAS, on the 13th day of December 2022, Port Orchard City Council approved Amendment No. 1, which included the Consultants entity name change (from Murraysmith, Inc to CONSOR North America, Inc.), a time extension, and funding for continued On-Call/Modeling Update services through December 31, 2024; and WHEREAS, Section 2 of the Underlying Agreement provides the City the right to offer contract extensions prior to the contract's expiration to retain the Consultant's services; and WHEREAS, the Consultant and the City have conferred and agreed to extend the duration of the agreement to December 31, 2026, and to increase the amount of the contract by $100,000 in anticipation of additional work for 2025 and 2026; and WHEREAS, the parties wish to memorialize their agreement and so extend the Underlying Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: SECOND AMENDMENT TO AGREEMENT: 1. Amendment. Section 2 Duration of Work, of the Agreement, is hereby amended to read as follows: The Consultant shall not begin any work under this Agreement until the City has issued a Notice to Proceed. This Agreement shall expire on December 31, 2026, unless extended by an amendment executed by the duly authorized representatives of the parties. 2. Amendment. Section 3A. Payment, of the Agreement, is hereby amended to read as follows: Compensation under this Agreement will be on a "time and materials not to exceed" basis, based on the fees included for each approved task assignment, provided total compensation for these services shall not exceed $330,000 (inclusive of all compensation paid after execution of this Agreement but prior to this Amendment), without written authorization, and will be based on the list of hourly billing rates and reimbursable expenses Amendment No. 2 to Agreement between City of Port Orchard and CONSOR North America, Inc Contract No.0003-22 Updated 4/2022 IBDR 174 set forth in Exhibit B, attached to the Underlying Agreement, and incorporated herein by this reference. 3. 5everability. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. 4. Entire Agreement. The written provisions and terms of this Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as modified by this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. S. Effective date. This Amendment shall be effective as of November 26, 2024. DATED this 26 day of November 2024. CITY OF PORT ORCHARD, WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTH E NTICATED: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney CONSULTANT Olgilally aig- by Enka S-yker, PE. PMP DV c=us, E=ank, uauylei®con—,g cum, Erika Schuyler, PE, PMP o=caaaor Ma, ou=wafer. cM=•Enka SMuyler, PE, PMP' peason:l have reviewetl Mia tlocumenl Signature Erika Schuyler, PE, PMP, Vl Printed Name and Title Amendment No. 2 to Agreement between City of Port Orchard and CONSOR North America, Inc Contract No.0003-22 updated 4/2022 IBDR 175 DqM City of Port Orchard ORCHARD216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Approval of Amendment 3 to Contract 001-22 with Consor North America, Inc for On- Call/Modeling Update Services for the City's Water Systems (Ryan) Meeting Date: November 26, 2024 Prepared By: Heidi Draper, PW Procurement Specialist Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director Summary and Background: Due to the limitations of in-house staff, the City utilizes the services of a qualified engineering firm to perform on-call/modeling services for the City's Water Systems, and associated projects, and solicits qualified firms through a Qualifications -Based Selection (QBS) process consistent with Chapter 39.80 RCW on a regular basis to ensure a competitive rate for these services. Following a full procurement process, on January 11, 2022, the Port Orchard City Council approved Contract No. C001-22 with selected, qualified consultant Murraysmith, Inc. for 2022 On-Call/Modeling Update Services for the City's Water Systems. On March 8, 2022, City Council approved Amendment No. 1 to fund additional tasks within the original procurement's scope that are required for the City's water projects. The City Council then approved Amendment 2 on December 12, 2022, which memorialized the Consultants entity name change (from Murraysmith, Inc to CONSOR North America, Inc.), included a time extension, and provided additional funding for continued On-Call/Modeling Update services through December 31, 2024. Due to continuing tasks requiring this expertise, the City would like to extend the consultant's agreement to retain their services. The 2025-2026 Biennial Budget provides funding of $75,000 per year to pay for these services. This proposed Amendment would extend the duration of the contract to December 31, 2026, and increase Contract C001-22 from $330,000 to $480,000. Relationship to Comprenhensive Plan: Chapter 7 - Utilities Recommendation: Staff recommends that the City Council authorize the Mayor to execute Amendment No. 3 to Contract No. C001-22 with CONSOR North America, Inc. to extend the duration of the contract to December 31, 2026, and increase the contract amount for the extension period. Motion for Consideration: Staff recommends that the City Council authorize the Mayor to execute Amendment No. 3 to Contract No. C001-22 with CONSOR North America, Inc. for ongoing On-Call/Modeling Update Services for the City's Water Systems. 176 Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: $150,000 for Water On -Call Services are included in the 2025-2026 Biennial Budget. (GL Code 411.05.534.10.40) Alternatives: Do not authorize and provide alternative guidance. Attachments: Amendment 3 to C001-22.pdf 177 CITY OF PORT ORCHARD Authorization for Amendment No. 3 Date: November 26, 2024 Project: On-Call/Modeling Update Services for the City's Water Svstems Contract / Job # 0001-22 Contractor: CONSOR North America, Inc 600 University Street, Suite 300, Seattle, WA 98101 THIS AMENDMENT AUTHORIZES THE FOLLOWING CFANGES TO THE AGREEMENT: 1. A time extension - extending the Agreement termination date to December 31, 2026. 3. A Contract increase of $150,000 ($75,000 annually for 2025 and 2026) for a "Time and Materials Not to Exceed" total of $480,000. In all other respects the Underlying agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set fortl- herein. The extension is for continued On-Call/Modeling Update services for 2025 and 2026. Contract History Amount Sales Tar: Total Date Appvd b Original Contract $80,000.00 $0.)0 $80,000.00 11-Jan-22 Council .Amendment 1 $100,000.00 $0.)0 $100,000.00 08-Mar-22 Council .Amendment 2 $150,000.00 $0.)0 $150,000.00 13-Dec-22 Council .Amendment 3 $150,000.00 $0.)0 $150,000.00 26-Nov-24 Council Total Contract $480,000.00 $0.m $480,000.00 I have reviewed the Amendment information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Oigilallys,UbPyEnka Schuyler,RE, PMP Denis Ryan Digitally signed by Denis Ryan Erika Schuyler, PE, PMP" N'WW.C'--EHk69d",RE, PMP' Date: 2024.11.12 14:20:38 -08'00' Reasm:I H.. ro _d his are 1i 1A Consultant Approval Signature Public Works Director/City Engineer Erika Schuyler, PE, PMP, Water Vice Presig Printed Name & Title Pu61t[ Works Contracts Greater than S35.000: Change Orders that do not exceed 10%, with a maximum or 550.000of either legally authorized budget limit or contract amount established by City Council can be approved by the Public Works Director. Total Contract Amount shall reset to reflect new Council -approved contract totals authorized prior to the requested change order. $50,000-$100,000 require Mayoral Approval. $100,000 and over require Council Approval Public Works Contracts uader.$35,000, change orders that individually do not exceed $7,500 with an aggregate cap of $10,000. Public Wgrk' agContracts unbudeeted and under $7,500: All Change Orders that do not exceed an gregate cap of $7,500 (Excluding underlying value), provided there are departmental funds available in the budget, All Departments: Mayor approves any and all Change orders that do not exceed 10% of either authorized budget limit or contract amount established by City Council. With a maximum aggregate amount of $100,000. Total Contract Amount shall reset to reflect new Council -approved contract totals authorized prior to the requested change order. Any Individual Change order that is over $100,000 requires Council approval. Denis Ryan Printed Name Approved: Mayor Attest: City Clerk Council Approval Date Page 1 of 3 178 AMENDMENT NO. 3 TO CONTRACT NO. C001-22 CITY OF PORT ORCHARD AGREEMENT WITH Consor North America, Inc THIS AMENDMENT No. 3 ("Amendment") to Contract No. C001-22 is made effective as of the 2 6 t h day of November, 2024, by and between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and CONSOR North America, Inc., an Oregon corporation ("Consultant"). City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, on the Vt day of January 2022, the City executed an Agreement for the 2022 On- Call/Modeling Update Services for the City's Water Systems, Contract No. C001-22 with the Consultant ("Underlying Agreement"); and WHEREAS, on the 8th day of March 2022, Port Orchard City Council approved Amendment No. 1 for additional tasks for On -Call Hydraulic Analyses and Modeling and new infrastructure review; and WHEREAS, on the 12th day of December 2022, Port Orchard City Council approved Amendment No. 2, which included the Consultants entity name change (from Murraysmith, Inc to CONSOR North America, Inc.), a time extension, and funding for continued On-Call/Modeling Update services through December 31, 2024; and WHEREAS, Section 2 of the Underlying Agreement provides the City the right to offer contract extensions prior to the contract's expiration to retain the Consultant's services; and WHEREAS, the Consultant and the City have conferred and agreed to extend the duration of the agreement to December 31, 2026, and to increase the amount of the contract by $150,000 in anticipation of additional work for 2025 and 2026; and WHEREAS, the parties wish to memorialize their agreement and so extend the Underlying Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: THIRD AMENDMENT TO AGREEMENT: 1. Amendment. Section 2 Duration of Work, of the Agreement, is hereby amended to read as follows: The Consultant shall not begin any work under this Agreement until the City has issued a Notice to Proceed. This Agreement shall expire on December 31, 2026, unless extended by an amendment executed by the duly authorized representatives of the parties. 2. Amendment. Section 3A. Payment, of the Agreement, is hereby amended to read as follows: Compensation under this Agreement will be on a "time and materials not to exceed" basis, based on the fees Amendment No. 3 to Agreement between City of Port Orchard and CONSOR North America, Inc Contract No.0001-22 Updated 4/20221BDR Page 2 of 3 179 included for each approved task assignment, provided total compensation for these services shall not exceed $480,000 (inclusive of all compensation paid after e>•ecution of this Agreement but prior to this Amendment), without written authorization, and will be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit B, attached to the Underlying Agreement, and incorporated herein by this reference. 3. Severability. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, held to be inval d or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect -he validity or constitutionality of any other provision. 4. Entire Agreement. The written provisions and terms of this Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Amendment. The entire agreement between the 3arties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then ME Amendment shall prevail. Except as modified by this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. Effective date. This Amendment shall be effective as of November 26, 2024. DATED this 26 day of November 2024 CITY OF PORT ORCHARD, WASHINGTON CONSULTANT Robert Putaansuu, Mayor ATTEST/AUTH ENTI CATED: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney D g.Uy signed by Erika Schuyler, PE, PMP DN: C=US, E—ka sAuyler(ajconsomng wm, Erika Schuyler, PE, PMP pE PMP' NA,OU-_ Water-,CN='Edka—b,1,r, Reason: I have reNeved 1M1Ls document Dare:=4111410:4B 18-0— Signature Printed Name and Title Amendment No. 3 to Agreement between City of Port Orchard and CONSOR North America, Inc Contract No.0001-22 Updated 4/20221BDR Page 3 of 3 180 181 +CITY COUNCIL ADVISORY COMMITTEE MEETING DATES STANDING COMMITTEE Date & Time Location Economic Development and Tourism December 9, 2024; 9:30am Remote Access Utilities January 14, 2025; 5:00pm Remote Access Finance TBD Remote Access Transportation November 26, 2024; 4:30pm Remote Access Land Use December 18 2024; 4:30pm Remote Access Lodging Tax Advisory TBD, 2024; 1:00pm Remote Access Sewer Advisory February 11, 2025, 3:00pm WSUD Outside Agency Committees Varies Varies **Dates subject to change I►virX191:1 Robert (Rob) Putaansuu Mayor Administrative Official CITY COUNCIL Fred Chang Councilmember Position 6 (Mayor Pro-Tempore) E/D &Tourism Committee Finance Committee Eric Worden Councilmember Position 4 Land Use Committee Utilities/Sewer Advisory Committee K RCC-a It 414:7_1:AI►T/14Z19 ]I.4141l91►4-1 Mark Trenary Councilmember Position 1 Finance Committee, Chair Transportation Committee, Chair KRCC PS RC -a It Heidi Fenton Councilmember Position 5 Utilities/Sewer Advisory Committee E/D &Tourism Committee Transportation Committee Jay Rosapepe Councilmember Position 2 Utilities/Sewer Advisory Committee, Chair Land Use Committee, Chair KEDA-alt John Morrissey Councilmember Position At -Large Finance Committee E/D & Tourism Committee Lodging Tax, Chair Kitsap Economic Development Alliance PSRC EDD-alt Tim Drury Debbie Lund, CEBS SPHR SHRM-SCP Noah Crocker, M.B.A. Municipal Court Judge Human Resources Director Finance Director Matt Brown Nicholas Bond, AICP Denis Ryan, CPWP-M, CPRP Police Chief Community Development Director Public Works Director Scott Diener Councilmember Position 3 Land Use Committee Transportation Committee Kitsap Public Health District Brandy Wallace, MMC, CPRO City Clerk 182