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
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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.
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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
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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
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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
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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
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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:
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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.
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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.
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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.
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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
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day of
KITSAP COUNTY
JAN GLARUM, Director
Department of Emergency Management
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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
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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.
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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
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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
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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.
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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
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►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.
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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
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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
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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
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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
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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
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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:
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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
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EXHIBIT "B"
SUPERIOR COURT CAUSE
NO. 20-2-01545-8 _
37' RIGHT-OF-WAY DEDICATION
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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
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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
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-- -- -- - -- + + -- -- - -- 1T-0„
---------------
` '. �n OPEN SPACE'
A 4
° Q ° ` 1 635 s ft
° + 2 958 s ft
0 0 1- TRASH _ _ a q
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09 39 38 37 36 34 33 32 �1 N 31 30 29 27 26 24 +
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3-STORY APT BLD'G
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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 _
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45'-0" N 6-0"(4) UNITS PER FLR
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OUTLINE OF EVA I.
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TURNAROUND
L
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GREEN WALL
(8) BIKE
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M o 10 -0 GREEN WALL; TYPICAL I _ Ln .
o=SEE LANDSCAPE PLANS
a FF=330.42co
-9 3/4"13'
F
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° �� 32 -8 1 /4 36' 0 � 9'-0" 9'-0"
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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
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R.O.W. DEDICATION
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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.
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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
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EXHIBIT "B"
SUPERIOR COURT CAUSE
NO. 20-2-01545-8 _
37' RIGHT-OF-WAY DEDICATION
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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.
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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:
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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
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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.
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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
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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
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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,
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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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