03/11/2025 - Regular - Packet, Revised0�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, March 11, 2025
6:30 PM
REVISED on March 10, 2024
Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the City Council is conducting its public meeting
in a hybrid format with options for in -person attendance in the Council Chambers at City Hall or remote viewing
and participation via Zoom (link below). The meeting is streamed live on the City's YouTube channel, click here.
Remote Access
Link: https://us02web.zoom.us/j/83632967319
Zoom Meeting ID: 836 3296 7319
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.)
4. CONSENT AGENDA
(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 Vouchers and Electronic Payments
B. Approval of Payroll and Direct Deposits
March 11, 2025 Meeting Agenda
C. Adoption of a Resolution authorizing the Mayor to execute a grant agreement for Ruby
Creek Barrier Removal Project (Ryan)
D. Adoption of a Resolution Approving an Interlocal Agreement with Kitsap County for
Materials (Ryan)
E. Adoption of a Resolution Declaring Certain Personal Property as Surplus and
Authorizing its Disposition Thereof (Wallace)
F. Approval of a Lease with the Washington State Military Department for the Use of the
Butler Building (Brown)
G. Approval of the February 18, 2025, City Council Work Study Session Meeting Minutes
S. PRESENTATION
I. all:] 4 14 N All S10110
(Accepting public testimony from citizens limited to the specific item listed)
A. An ordinance adopting a new section 20.182.075 to the Port Orchard Municipal Code,
adding a new definition for Bedroom to POMC 20.184.010, and adjusting the park
impact fee schedule (Bond)
7. BUSINESS ITEMS
A. Adoption of an Ordinance adopting a new section 20.182.075 to the Port Orchard
Municipal Code, adding a new definition for Bedroom to POMC 20.184.010, and
adjusting the park impact fee schedule (Bond)
B. Ratification of the Mayor's Signature of Change Order No. 1 to Purchase Order No.
065-24 for the Repair of Marine 7 (Brown)
C. Approval of the 2025 Comprehensive Plan Amendment Docket (Bond)
D. Adoption of a Resolution Approving a Contract for the Melcher Pump Station
Rehabilitation Project (Ryan)
E. Approval of the February 11, 2025, City Council Regular Meeting Minutes
8. DISCUSSION ITEMS
(No Action to be Taken)
9. REPORTS OF COUNCIL COMMITTEES
(Three council members serve on the committee with staff to make collaborative recommendations about work
product. Staff then prepares the items for full Council consideration based on the Committee's discussion.)
A. Council Advisory Committees
10. REPORT OF MAYOR
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
IiE1=X4:1811j9D1*l*M10hl
March 11, 2025 Meeting Agenda
2
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.
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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/.
March 11, 2025 Meeting Agenda
3
0�4 City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda: Adoption of a Resolution authorizing the Mayor to execute a grant agreement for
Ruby Creek Barrier Removal Project (Ryan)
Meeting Date: March 11, 2025
Prepared By: Sayre Thompson, PW Procurement Specialist
Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director
Summary and Background: The removal of the Ruby Creek barrier at Sidney Rd. to facilitate fish
passage within the creek was identified as a priority task for the City of Port Orchard's Public Works
Department (Project). Public works staff applied for grant funding from the Washington State
Recreation and Conservation Office (RCO) for the Project, which will help improve fish passage for
endangered species such as East Kitsap DIP Steelhead, Coho, Chinook, Chum, and Cutthroat.
On January 15, 2025, the City of Port Orchard was officially awarded a grant in the amount of
$1,852,842 from the RCO for the Project. The funding will be used for the Project, and specifically to
remove the barrier, which is located approximately 3,000 feet north of the intersection of Sedgwick
Rd. and Sidney Rd. This barrier is the last limiting barrier for fish migration on Ruby Creek. Its removal
will provide access to 1,102 square meters of spawning habitat and 44,382 square meters of rearing
habitat, improving overall fish migration.
The City of Port Orchard Public Works Department has received the Grant Agreement with the RCO,
and the terms and conditions are as follows:
PROJECT FUNDING:
• Grant Amount: $1,852,842
• % of Funding as Grant: 85%
• Total Project Cost: $2,179,815
• Sponsor Contribution (Matching Funds): $326,973 (15%)
TIME OF PERFORMANCE:
• Project Start Date: January 15, 2025
• Project End Date: April 30, 2028
Relationship to Comprenhensive Plan: Ch 5 — Natural Systems
Recommendation: Staff recommend that the City Council authorize the Mayor to execute the grant
agreement with the Recreation and Conservation Office for the Ruby Creek Barrier Removal Project in
the amount of $1,852,842.
4
Motion for Consideration: I move to authorize the Mayor to execute the grant agreement with the
Recreation and Conservation Office for the Ruby Creek Barrier Removal Project in the amount of
$1,852,842.
Has item been presented to Committee/Work Study? If so, which one: No
Fiscal Impact: The city is required to provide a 15% match for the total project cost of $2,179,815,
which amounts to $326,973.
The City currently has $450,000 budgeted for design in 2025 with $382,500 to be paid for from the
RCO Grant and the remainder from local funds.
Alternatives: Do not authorize and provide alternative direction.
Attachments:
RESOLUTION - Ruby Creek Grant Acceptance.doc
081-22 - Resolution - RCO Grant Funding.pdf
21-1498_Agreement_-_Ruby_Creek_Culvert_at_Sidney_Rd_unsigned.pdf
4i
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH THE RECREATION AND
CONSERVATION OFFICE FOR THE RUBY CREEK BARRIER REMOVAL PROJECT
WHEREAS, the removal of the Ruby Creek Barrier was identified as a priority task for the
City of Port Orchard's Public Works Department ("the Project"); and
WHEREAS, the City of Port Orchard applied for grant funding as approved under
Resolution No. 081-22, to the Recreation and Conservation Office (RCO) to remove the Ruby
Creek Barrier to improve fish passage for endangered species; and
WHEREAS, the City of Port Orchard was officially awarded a grant in the amount of
$1,852,842 from the RCO for the removal of the Ruby Creek Barrier, which will provide access
to important spawning and rearing habitat for fish species; and
WHEREAS, the Port Orchard City Council has determined it to be in the best interest of
the City to accept the grant funding from the Recreation and Conservation Office for the
Project; 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 Grant Agreement with the
Recreation and Conservation Office for the Ruby Creek Barrier Removal Project, attached
hereto as Exhibit A and incorporated herein by this reference.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage this 11t" day of March, 2025
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
DocuSign Envelope ID: 33772D99-0501-4989-8523-C8E6502DECE4
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR OR DESIGNEE TO APPLY FOR AND ACCEPT RCO GRANT FUNDING
AND TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE THE GRANT.
WHEREAS, this Resolution authorizes the person(s) identified herein to act as the authorized
representative/agent on behalf of our organization and to legally bind our organization with respect
to the Annapolis Creek Culvert Removal 100% design at Bay St. and Arnold Ave. Project (RCO # 21-
1496) and the Ruby Creek Culvert Removal at Sidney Rd. Project (RCO # 21-1498) (hereinafter, the
"Projects") for which we seek grant funding assistance managed through the Recreation and
Conservation Office (Office); and
WHEREAS, grant assistance is requested by our organization to aid in financing the cost of
the Project(s) referenced above; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: Our organization has applied for or intends to apply for funding assistance managed by
the Office for the above "Project." Our organization authorizes the following persons or persons
holding specified titles/positions (and subsequent holders of those titles/positions) to execute
the following documents binding our organization on the above projects:
Grant Document
NarnIllof Signatory or Title of
Person Authorized to Sign
Grant application
Zack Holt
(submission thereof)
Project contact (day -to-
Zack Holt
day administering of the
grant and communicating
with the RCO)
Robert Putaansuu, Mayor
RCO Grant Agreement
(Agreement)
Agreement amendments
Robert Putaansuu, Mayor
Authorizing property and
Robert Putaansuu, Mayor
real estate documents
(Notice of Grant, Deed of
Right or Assignment of
Rights if applicable).
These are items that are
typical recorded on the
property with the county.
7
DocuSign Envelope ID: 33772D99-0501-4989-8523-C8E6502DECE4
Resolution No.
Page 2 of 5
The above persons are considered an "authorized rep resentative(s)/agent(s)" for purposes of the
documents indicated. Our organization shall comply with a request from the RCO to provide
documentation of persons who may be authorized to execute documents related to the grant. The
City Council further authorizes the persons or persons holding specified titles/positions (and
subsequent holders of those titles/positions) identified on these attachments hereto to execute
documents binding our organization on the above Projects.
THAT: this Resolution, including all attachments hereto, are deemed to be part of the formal grant
application to the Office.
THAT: our organization warrants and certifies that this authorization was properly and lawfully
adopted following the requirements of our organization and applicable laws and policies and that
our organization has full legal authority to commit our organization to the warranties,
certifications, promises and obligations set forth herein.
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 91" day of August 2022.
FDocuSigned by:
�u�a�ai Ie6bt* uw-
Robert Putaansuu, Mayor
ATTEST:
�DocuSignedby:0RTQqV` GLUM L OGpRPORgrct
Brandy Wallace, MMC, City Clerk .SEAL
:�cf�A��A�nrAFR :'-els
DocuSign Envelope ID: 33772D99-0501-4989-8523-C8E6502DECE4
WASHINGTON STATE
Recreation and
Conservation Office
Applicant Resolution/Authorization
Organization Name (sponsor) City of Port Orchard
Resolution No. or Document Na
Project(s) Number(s), and Na
Resolution No. 081-22
Annapolis Creek (#21-1496) and Ruby Creek (#21-1498)
This resolution/authorization authorizes the person(s) identified below (in Section 2) to act as the authorized
representative/agent on behalf of our organization and to legally bind our organization with respect to the
above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation
Office (Office).
WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s)
referenced above;
NOW, THEREFORE, BE IT RESOLVED that:
Our organization has applied for or intends to apply for funding assistance managed by the Office for
the above "Project(s)."
Our organization authorizes the following persons or persons holding specified titles/positions (and
subsequent holders of those titles/positions) to execute the following documents binding our
organization on the above projects:
Grant Document
Name of Signatory or Title of Person Authorized to Sign
Grant application (submission thereof)
Zack Holt
Project contact (day-to-day
Zack Holt
administering of the grant and
communicating with the RCO)
RCO Grant Agreement (Agreement)
Robert Putaansuu, Mayor
Agreement amendments
Robert Putaansuu, Mayor
Authorizing property and real estate
Robert Putaansuu, Mayor
documents (Notice of Grant, Deed of
Right or Assignment of Rights if
applicable). These are items that are
typical recorded on the property with
the county.
The above persons are considered an "authorized rep resentative(s)/ag ent(s) " for purposes of the documents
indicated. Our organization shall comply with a request from the RCO to provide documentation of persons
who may be authorized to execute documents related to the grant.
9
DocuSign Envelope ID: 33772D99-0501-4989-8523-C8E6502DECE4
3. Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation
Office's WEB SITE at: https://rco.wa.goy/wp-content/uploads/2019/06/SampleProiAgreement.pdf. We
understand and acknowledge that if offered an agreement to sign in the future, it will contain an
indemnification and legal venue stipulation and other terms and conditions substantially in the form
contained in the sample Agreement and that such terms and conditions of any signed Agreement shall
be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf.
The Office reserves the right to revise the Agreement prior to execution.
4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized
representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their
assigned role/document.
Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is
purely voluntary on our part.
6. Our organization understands that grant policies and requirements vary depending on the grant
program applied to, the grant program and source of funding in the Agreement, the characteristics of
the project, and the characteristics of our organization.
Our organization further understands that prior to our authorized representative(s)/agent(s) executing
any of the documents listed above, the RCO may make revisions to its sample Agreement and that such
revisions could include the indemnification and the legal venue stipulation. Our organization accepts
the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorized
representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample
Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executes
the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be
conclusively deemed to be executed with our authorization.
Any grant assistance received will be used for only direct eligible and allowable costs that are
reasonable and necessary to implement the project(s) referenced above.
9. [for Recreation and Conservation Funding Board Grant Programs Only] If match is required for the
grant, we understand our organization must certify the availability of match at least one month before
funding approval. In addition, our organization understands it is responsible for supporting all non -cash
matching share commitments to this project should they not materialize.
10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay
us on only a reimbursement basis. We understand reimbursement basis means that we will only request
payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may
also determine an amount of retainage and hold that amount until all project deliverables, grant
reports, or other responsibilities are complete.
11. [for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant
assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in
writing by our organization and the Office. We agree to dedicate the property in a signed "Deed of
Right" for fee acquisitions, or an "Assignment of Rights" for other than fee acquisitions (which
documents will be based upon the Office's standard versions of those documents), to be recorded on
the title of the property with the county auditor. Our organization acknowledges that any property
10
DocuSign Envelope ID: 33772D99-0501-4989-8523-C8E6502DECE4
acquired in fee title must be immediately made available to the public unless otherwise provided for in
policy, the Agreement, or authorized in writing by the Office Director.
12. [for Development, Renovation, Enhancement, and Restoration Projects Only —If our organization owns
the project property] Our organization acknowledges that any property owned by our organization that
is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the
purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in
writing and per the Agreement or an amendment thereto.
13. [for Development, Renovation, Enhancement, and Restoration Projects Only —If your organization DOES
NOT own the property] Our organization acknowledges that any property not owned by our
organization that is developed, renovated, enhanced, or restored with grant assistance must be
dedicated for the purpose of the grant as required by grant program policies unless otherwise provided
for per the Agreement or an amendment thereto.
14. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from the
Critical Habitat, Natural Areas, State Lands Restoration and Enhancement, Riparian Protection, or Urban
Wildlife Habitat grant categories; Aquatic Lands Enhancement Account; or the Puget Sound Acquisition
and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization
certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by
the Puget Sound Partnership under RCW 90.71.310.
15. This resolution/authorization is deemed to be part of the formal grant application to the Office.
16. Our organization warrants and certifies that this resolution/authorization was properly and lawfully
adopted following the requirements of our organization and applicable laws and policies and that our
organization has full legal authority to commit our organization to the warranties, certifications,
promises and obligations set forth herein.
This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the
3137271
Signed
,glember(s):
96bt f P4M A SWu,
Title Mayor
On File at: Port Orchard City Hall
Date 8/11 /22
This Applicant Resolution/Authorization was adopted by our organization during the meeting held:
(Local Governments and Nonprofit Organizations Only):
Location: Port Orchard City Council Meeting, City Hall
Washington State Attorney General's Office
Approved as to form��—
Assistant Attorney Genera(
2/13/2020,
Date
8/9/2022
You may reproduce the above language in your own format; however, text may not change.
11
WAS14ING70N STATE RCO Grant Agreement
Recreation and
Conservation Office
Project Sponsor: City of Port Orchard Project Number: 21-1498R
Project Title: Ruby Creek Culvert at Sidney Rd Port Orchard Approval Date: 01/15/2025
PARTIES OF THE AGREEMENT
This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between the State of Washington by
and through the Department of Fish and Wildlife (WDFW or Funding Entity) acting through the Recreation and Conservation
Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Port Orchard (Sponsor, and primary Sponsor),
216 Prospect St, Port Orchard, WA 98366, and shall be binding on the agents and all persons acting by or through the parties.
All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that
expressly apply only to the primary Sponsor.
Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on
file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s)
regarding all matters related to the project identified above, including but not limited to, full authority to: (1) sign a grant
application for grant assistance, (2) enter into this Agreement on behalf of the Sponsor(s), including indemnification, as
provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions
required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s)
of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section.
A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified
on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant
Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally
authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided, the RCO
shall proceed on the basis that the person who is listed as the Authorized Representative in the last
Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement
(including any amendments thereto) and decisions related to implementation of the Agreement.
B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to
provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally
bind the Sponsor as described in the above Sections.
For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act
as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section).
PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the State Bldg Const and/or Natural Climate
Solns Acct of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO).
DESCRIPTION OF PROJECT
The City of Port Orchard will use this grant to fund the removal of the Ruby Creek Barrier at Sidney Rd. to improve fish
passage within the creek for Endangered Species Act listed East Kitsap DIP Steelhead, Coho, Chinook, Chum and Cutthroat.
The barrier is located on Sidney Rd. approximately 3000 ft north of the intersection of Sedgwick Rd. and Sidney Rd. (-
122.65304 x 47.50117). This is the lowest and most significant barrier on Ruby Creek before it merges with Blackjack Creek,
substantially blocking fish migration from Blackjack upstream to Ruby. Correction of this passage barrier will provide access to
approximately 1,102 square meters of spawning habitat and 44,382 square meters of rearing habitat. This culvert has been
rated by WDFW with a PI total of 37.86. Several other barrier removals have been conducted or are scheduled upstream and
downstream of the Sidney Rd. barrier, leaving this culvert the last limiting barrier for fish migration on Ruby Creek. Removing
this barrier opens 0.81 miles of stream.
PERIOD OF PERFORMANCE
The period of performance begins on January 15, 2025 (project start date) and ends on April 30, 2028 (project end date). No
allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written
amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO
manuals as of the effective date of this Agreement.
The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before
the project end date.
RCO: 21-1498 Revision Date: 1/31/2025 Page 1 of 22 12
STANDARD TERMS AND CONDITIONS INCORPORATED
The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference
as part of this Agreement.
LONG-TERM OBLIGATIONS
For this restoration project, the sponsor's on -going obligations shall be for a minimum of ten (10) years, or more as specified in
the Landowner Agreement, after the final payment and shall survive the completion/termination of this Project Agreement
unless otherwise identified in the Agreement.
PROJECT FUNDING
The total grant award provided for this project shall not exceed $1,852,842.00. The RCO shall not pay any amount beyond that
approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for
all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated
below:
Percentage Dollar Amount Source of Funding
Office - BA Fish Barrier Removal Board 85.00% $1,852,842.00 State
Project Sponsor 15.00% $326,973.00
Total Project Cost 100.00% $2,179,815.00
CLIMATE COMMITMENT ACT FUNDING
Where this section conflicts with other provisions of this Agreement, the requirements of this section shall prevail.
Project Funding, Laws, and Rules
This project is funded through the Climate Commitment Act (Chapter 316, Laws of the State of Washington, 2021 ("CCA" or
"the Act"). Funds provided here in is from one or more of the following accounts in the state treasury: Carbon Emissions
Reduction Account (CERA), Climate Investment Account (CIA), Climate Commitment Account (CCA), Natural Climate
Solutions Account (NCSA), and Air Quality and Health Disparities Improvement Account (AQHDIA). Sponsor shall comply with
the requirements of the Act and specific requirements for each account that funds the project. Sponsors shall also follow all
applicable Agencies' (see below) WAC's and policies established pursuant to the Act.
Geographic Scope of Work
Funding through the Act's accounts (listed above) for this Agreement shall only be spent on the project and within the state of
Washington.
Reporting
Sponsor shall assist RCO with its reporting requirements per the Act, and any applicable WAC's including but not limited to
WAC 173-446B.
At the direction of RCO, Sponsor shall report project information to Washington State Department of Ecology ("ECY"),
Washington State Department of Commerce, Washington State Department of Natural Resources, the Washington State
Department of Health (DOH), the Office of the Governor, the Washington State Legislature ("LEG") to include the Joint
Legislative Audit and Review Committee, the Environmental Justice Council (ECY, DOH), and the Office of Financial
Management ("Agencies"), through 2045. Sponsor must provide RCO any requested project information needed to complete
its Environmental Justice Assessment and Review and plans and assessments required by Act through 2045.
At the direction of RCO, Sponsor shall use reporting tools provided by the RCO or the Agencies to complete Sponsor and
RCO's reporting requirements per this Agreement and the Act, and any WAC's or policies established by the Agencies
pursuant to the Act.
Outreach
At the request of RCO, Sponsor shall provide a copy of all Sponsor project education and outreach materials via email to RCO
for review prior to distribution.
Funding Source Acknowledgement and Branding
To strengthen public awareness of how CCA funding is used, Sponsor shall ensure consistent branding and funding
acknowledgments are used in all communications and included in funding agreements, contracts, press releases and project
related publications, media, and at the project site in the form of signs during all phases of the project to include pre -
construction, pre -renovation, pre -rehabilitation, and for completed projects at the project site. Sponsor shall also ensure its
RCO: 21-1498 Revision Date: 1/31/2025 Page 2 of 22 13
contractors, subcontractors, service providers and others who assist Sponsor in implementing the project include recognition
of CCA project funding on their website and other promotional or informational materials. Capital equipment costing more than
$5,000 shall also be branded with a CCA logo.
Sponsor shall request RCO provide the format for acknowledgement and branding language and logo in the language and
font, and logo color, font, and format, consistent with CCA funding requirements as set for in this subsection. For logos,
Sponsor shall contact RCO to request approved logo templates.
• Language: "The Ruby Creek Culvert at Sidney Rd Port Orchard is supported with funding from Washington's Climate
Commitment Act. The CCA supports Washington's climate action efforts by putting cap -and- invest dollars to work
reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at
www.climate.wa.gov."
Logo: Sponsor shall request RCO send it logo templates approved by the state. The RCO provided logos should
always be used in its entirety, with the wordmark and symbols together. The logo should not be altered in any way,
including changing the colors, proportions or fonts. The logo should be displayed on a white background. If a white
background isn't possible, use the primary logo with the border or one of the approved white logos. The primary color
palette is the shades of green, but it can also be used in black and white and/or gray scale as required. The logo can
be used in a variety of applications, including websites, social media, print materials, and signage. When using the
logo in digital applications or printing for signage, it is important to use a high -resolution version of the logo.
RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the
Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved
and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope
activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in
such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the
Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement" as
used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of
the Standard Terms and Conditions.
AMENDMENTS TO AGREEMENT
Except as provided herein, no amendment (including without limitation, deletions) of this Agreement will be effective unless set
forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need
only be signed by RCO's director or designee and consented to in writing (including email) by the Sponsor's Authorized
Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement (who may be a
person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does
not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or
minor scope adjustments.
It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do
so.
Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current
federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO
manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of
the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall
apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone.
However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term.
COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES
This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations,
applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of
the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment.
Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only
prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless
otherwise expressly stated in the amendment.
RCO: 21-1498 Revision Date: 1/31/2025 Page 3 of 22 14
For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this
Agreement:
Brian Abbott Fish Barrier Removal Board -Manual 22
• Long Term Obligations - Manual 7
• Reimbursements - Manual 8
Restoration Projects - Manual 5
Provided, where a manual refers to a funding board's responsibility and/or authority but the funding board is not involved with
the grant or successor to an entity that was involved, the RCO director shall have that responsibility and/or authority if such
responsibilities and/or authority falls within the RCO's statutory responsibilities and/or authority or within a lawful delegation by
the board to the RCO.
SPECIAL CONDITIONS
WDFW TECHNICAL REVIEW OF DESIGNS
This project is conditioned for review and approval of conceptual, preliminary, and final design as outlined in Manual 22,
Appendix C, by the BAFBRB Technical Review Team (TRT). Completion of review affirmed by the TRT is required prior to
each successive design stage and RCO releasing funds for construction costs. The BAFBRB Technical Review process
typically takes between 30 to 90 days. Please account for this review timing in your project delivery schedule.
SPECIAL CONDITIONS - CULTURAL RESOURCES
CONDITION APPLIES TO THE FOLLOWING AREA(S): Cultural Resources Assessment
State - RCO Lead: Survey required, may proceed with Geotech/soils: This agreement requires compliance with
Executive Order 21-02. RCO has completed initial consultation for this project and a cultural resources survey is required.
The cultural resources survey must include documentation of any above or below ground archaeological resources as well
as any possible historic structures or buildings in the project area. Archaeological monitoring of any proposed geotechnical
borings, investigations, or test pits may be included as part of the cultural resources survey. The Sponsor must submit the
results of the cultural resources survey to RCO and receive a notice of cultural resources completion. Project actions
started without approval will be considered a breach of contract. If archaeological or historic materials are discovered while
conducting project activities, work in the immediate vicinity must stop and the Sponsor must ensure compliance with the
provisions found in this agreement. All cultural resources work must meet reporting guidelines outlined by the Department
of Archaeology and Historic Preservation.
AGREEMENT CONTACTS
The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or
the email address listed below:
Sponsor Project Contact
Kenneth Hammer
Assistant City Engineer
216 Prospect
Port Orchard, WA 98366
kchammer@cityofportorchard.us
RCO Contact
Josh Lambert
Outdoor Grants Manager
PO Box 40917
Olympia, WA 98504-0917
Josh. Lambert@rco.wa.gov
These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change.
Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized
Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications.
ENTIRE AGREEMENT
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
RCO: 21-1498 Revision Date: 1/31/2025 Page 4 of 22 15
EFFECTIVE DATE
Unless otherwise provided for in this Agreement, this Agreement, for Project 21-1498, shall become effective and binding on
the date signed by both the sponsor and the RCO's authorized representative, whichever is later (Effective Date).
Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF
PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO.
The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement
and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signatories listed below
represent and warrant their authority to bind the parties to this Agreement.
City of Port Orchard
By:
Name (printed):
Title:
State of Washington Recreation and Conservation Office
By:
For: Megan Duffy
Director
Recreation and Conservation Office
Pre -approved as to form:
By:
Assistant Attorney General
Date:
Date:
Date: 01 /31 /2025
RCO: 21-1498 Revision Date: 1/31/2025 Page 5 of 22 16
WAS14ING70N STATE RCO Grant Agreement
Recreation and
Conservation Office
Project Sponsor: City of Port Orchard Project Number: 21-1498R
Project Title: Ruby Creek Culvert at Sidney Rd Port Orchard Approval Date: 01/15/2025
Eligible Scope Activities
ELIGIBLE SCOPE ACTIVITIES
Restoration Metrics
Worksite #1, Ruby Creek Culvert at Sidney Rd.
Targeted salmonid ESU/DPS (A.23):
Targeted species (non-ESU species):
Type Of Monitoring (C.O.d.1):
Fish Passage Improvement
Miles Of Stream Made Accessible (FBRB):
Miles Of Stream Made Accessible (SRFB) (C.2.b.1):
Type Of Barrier (C.2.b.3):
Chinook Salmon -unidentified ESU, Chum
Salmon -unidentified ESU, Coho Salmon -
unidentified ESU, Steelhead-Puget Sound DPS
Lamprey, Searun Cutthroat
None
0.81
Two forks of Ruby creek were measured
upstream of the Sidney culvert for a total of 0.81
miles of opened stream. Total stream length
above the Sidney culvert, not considering barriers,
is approximately 5.5 miles.
0.81
Two forks of Ruby creek were measured
upstream of the Sidney culvert for a total of 0.81
miles of opened stream. Total stream length
above the Sidney culvert, not considering barriers,
is approximately 5.5 miles.
Culvert
Culvert installed or improved (C.2.f.1)
Number of culverts (C.2.f.2): 1
Miles of stream made accessible by culvert installation/repair (C.2.0): 0.81
Cultural Resources
Cultural resources
Permits
Obtain permits
Architectural & Engineering
Architectural & Engineering (A&E)
RCO: 21-1498 Revision Date: 1/31/2025 Page 6 of 22 17
WAS14ING70N STATE RCO Grant Agreement
Recreation and
Conservation Office
Project Sponsor: City of Port Orchard Project Number: 21-1498R
Project Title: Ruby Creek Culvert at Sidney Rd Port Orchard Approval Date: 01/15/2025
Project Milestones
PROJECT MILESTONE REPORT
Complete Milestone
Target Date
Comments/Description
Project Start
01/15/2025
Other
02/28/2025
Landowner certification form submitted to RCO
Bid Awarded/Contractor Hired
05/01/2025
RFP design consultant hired
Annual Project Billing Due
06/30/2025
Progress Report Due
06/30/2025
Special Conditions Met
06/30/2025
TRT review of conceptual designs submitted at
application complete
Progress Report Due
12/31/2025
Annual Project Billing Due
12/31/2025
Preliminary Design to RCO
05/01/2026
Submit to RCO and TRT
Applied for Permits
06/01/2026
Progress Report Due
06/30/2026
Special Conditions Met
06/30/2026
TRT review of preliminary designs complete
Cultural Resources Complete
07/30/2026
See special conditions
Final Design to RCO
09/30/2026
Submit to RCO and TRT
Special Conditions Met
11/30/2026
TRT review of final designs complete
Progress Report Due
12/31/2026
Annual Project Billing Due
12/31/2026
Permits Complete
02/01/2027
Bid Awarded/Contractor Hired
05/14/2027
Construction contractor
Funding Acknowl Sign Posted
06/30/2027
Progress Report Due
06/30/2027
Restoration Started
07/15/2027
Restoration Complete
11/30/2027
Progress Report Due
12/31/2027
Annual Project Billing Due
12/31/2027
RCO Final Inspection
03/01/2028
Stewardship Plan to RCO
03/31/2028
Other
03/31/2028
As -built drawings and or report as necessary
Final Report Due
04/30/2028
Up to 90 days from Agreement End
Final Billing Due
04/30/2028
Up to 90 days from Agreement End
Agreement End Date
04/30/2028
RCO: 21-1498 Revision Date: 1/31/2025 Page 7 of 22 18
1� WASHINGTON STATE
Recreation and
Conservation Office
RCO Grant Agreement
Project Sponsor: City of Port Orchard Project Number: 21-1498R
Project Title: Ruby Creek Culvert at Sidney Rd Port Orchard Approval Date: 01/15/2025
Standard Terms and Conditions of the Recreation and
Conservation Office
Table of Contents
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE......................................................................................................9
CITATIONS, HEADINGS AND DEFINITIONS..............................................................................................................................9
PERFORMANCE BY THE SPONSOR........................................................................................................................................11
ASSIGNMENT.............................................................................................................................................................................12
RESPONSIBILITY FOR PROJECT.............................................................................................................................................12
INDEMNIFICATION.....................................................................................................................................................................12
INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................................................13
CONFLICT OF INTEREST..........................................................................................................................................................13
COMPLIANCE WITH APPLICABLE LAW...................................................................................................................................13
ARCHAEOLOGICAL AND CULTURAL RESOURCES...............................................................................................................14
RECORDS...................................................................................................................................................................................15
PROJECTFUNDING...................................................................................................................................................................15
PROJECT REIMBURSEMENTS.................................................................................................................................................16
ADVANCEPAYMENTS...............................................................................................................................................................16
RECOVERY OF PAYMENTS......................................................................................................................................................16
COVENANT AGAINST CONTINGENT FEES.............................................................................................................................16
INCOME (AND FEES) AND USE OF INCOME...........................................................................................................................17
PROCUREMENT REQUIREMENTS...........................................................................................................................................17
TREATMENT OF EQUIPMENT AND ASSETS...........................................................................................................................17
RIGHT OF INSPECTION.............................................................................................................................................................18
STEWARDSHIP AND MONITORING.........................................................................................................................................18
ACKNOWLEDGMENT AND SIGNS............................................................................................................................................18
PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS ..........18
LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS.....................................................................................19
CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS.....................................................19
ORDER OF PRECEDENCE........................................................................................................................................................20
LIMITATION OF AUTHORITY.....................................................................................................................................................20
WAIVEROF DEFAULT...............................................................................................................................................................20
APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH.....................................20
SPECIFIC PERFORMANCE.......................................................................................................................................................20
TERMINATION AND SUSPENSION...........................................................................................................................................20
DISPUTEHEARING....................................................................................................................................................................22
ATTORNEYS' FEES....................................................................................................................................................................22
GOVERNING LAW/VENUE.........................................................................................................................................................22
SEVERABILITY...........................................................................................................................................................................22
END OF STANDARD TERMS AND CONDITIONS.....................................................................................................................22
RCO: 21-1498 Revision Date: 1/31/2025 Page 8 of 22 19
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE
This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 02/05/2025.
CITATIONS, HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the
effective date of any amendment thereto.
B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of
this Agreement.
C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below:
Agreement, terms of the Agreement, or project agreement — The document entitled "RCO GRANT AGREEMENT"
accepted by all parties to the present project and transaction, including without limitation the Standard Terms and
Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable
manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement
subject to any limitations on their effect under this Agreement.
applicable manual(s), manual — A manual designated in this Agreement to apply as terms of this Agreement,
subject (if applicable) to substitution of the "RCO director" for the term "board" in those manuals where the project is
not approved by or funded by the referenced board, or a predecessor to the board.
applicable WAC(s) — Designated chapters or provisions of the Washington Administrative Code that apply by their
terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement,
subject to substitution of the "RCO director" for the term "board" or "agency" in those cases where the RCO has
contracted to or been delegated to administer the grant program in question.
applicant — Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility requirements for
the grant application or request for funds in question.
application — The documents and other materials that an applicant submits to the RCO to support the applicant's
request for grant funds; this includes materials required for the "Application" in the RCO's automated project
information system, and other documents as noted on the application checklist including but not limited to legal
opinions, maps, plans, evaluation presentations and scripts.
Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person, etc.)
authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person
has the signature authority to bind the Sponsor to this Agreement, grant, and project.
C.F.R. — Code of Federal Regulations
completed project or project completion — The status of a project when all of the following have occurred:
• The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of
work to implement the project have been completed satisfactorily.
• A final project report is submitted to and accepted by RCO.
• Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been
delivered to the RCO.
• A final reimbursement request has been delivered to and paid by RCO.
• Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have
been recorded (as may apply).
contractor — An entity that receives a contract from a Sponsor related to performance of work or another obligation
under this Agreement.
conversion — A conversion occurs 1) when facilities acquired, developed, renovated or restored within the project
area are changed to a use other than that for which funds were approved, without obtaining prior written formal RCO
or board approval, 2) when property interests are conveyed to a third party not otherwise eligible to receive grants in
the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3)
when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to
cure.
RCO: 21-1498 Revision Date: 1/31/2025 Page 9 of 22 20
Cultural Resources — Archaeological or historic archaeological sites, historic buildings/structures, and cultural or
sacred places.
director — The chief executive officer of the Recreation and Conservation Office or that person's designee.
effective date — The date when the signatures of all parties to this agreement are present in the agreement.
equipment — Tangible personal property (including information technology systems) having a useful service life of
more than one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level
established by the Sponsor or $5,000 (2 C.F.R. Part 200 (as updated)).
Funding Entity — the entity that approves the project that is the subject to this Agreement.
grant program — The source of the grant funds received. May be an account in the state treasury, or a grant category
within a larger grant program, or a federal source.
long-term compliance period — The term of years, beginning on the end date of the agreement, when long-term
obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by
RCO per the Agreement.
long-term obligations — Sponsor's obligations after the project end date, as specified in the Agreement and manuals
and other exhibits as may apply.
landowner agreement — An agreement that is required between a Sponsor and landowner for projects located on
land not owned, or otherwise controlled, by the Sponsor.
match or matching share — The portion of the total project cost provided by the Sponsor.
milestone — An important event with a defined date to track an activity related to implementation of a funded project
and monitor significant stages of project accomplishment.
Office — Means the Recreation and Conservation Office or RCO.
pass -through entity — A non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal
program (2 CFR 200 (as updated)). If this Agreement is a federal subaward, RCO is the pass -through entity.
period of performance — The period beginning on the project start date and ending on the project end date.
pre -agreement cost — A project cost incurred before the period of performance.
primary Sponsor — The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement
as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration
includes but is not limited to acting as the fiscal agent for the grant (e.g. requesting and accepting reimbursements,
submitting reports). Primary Sponsor includes its officers, employees, agents and successors.
project — The undertaking that is funded by this Agreement either in whole or in part with funds administered by
RCO.
project area — The area consistent with the geographic limits of the scope of work of the project and subject to
project agreement requirements. For restoration projects, the project area must include the physical limits of the
project's final site plans or final design plans. For acquisition projects, the project area must include the area
described by the legal description of the properties acquired for or committed to the project.
project completion or completed project — The status of a project when all of the following have occurred:
• The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of
work to implement the project have been completed satisfactorily.
• A final project report is submitted to and accepted by RCO.
• Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been
delivered to the RCO.
• A final reimbursement request has been delivered to and paid by RCO.
• Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have
been recorded (as may apply).
project cost — The total allowable costs incurred under this Agreement and all required match share and voluntary
committed matching share, including third -party contributions (see also 2 C.F.R. Part 200 (as updated)) for federally
funded projects).
RCO: 21-1498 Revision Date: 1/31/2025 Page 10 of 22 21
project end date — The specific date identified in the Agreement on which the period of performance ends, as may
be changed by amendment. This date is not the end date for any long-term obligations.
project start date — The specific date identified in the Agreement on which the period of performance starts.
RCO — Recreation and Conservation Office — The state agency that administers the grant that is the subject of this
Agreement. RCO includes the director and staff.
RCW — Revised Code of Washington
reimbursement — RCO's payment of funds from eligible and allowable costs that have already been paid by the
Sponsor per the terms of the Agreement.
renovation project — A project intended to improve an existing site or structure in order to increase its useful service
life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for
its originally expected useful service life.
restoration project — A project intended to bring a site back to its historic function as part of a natural ecosystem, or
one intended to improve the ecological or habitat functionality or capacity of (or part of) a site, landscape, marine
environment, or watershed.
restoration and/or enhancement project — A project that brings a site back to its historic function as part of a
natural ecosystem or that improves the ecological functionality of a site or a larger ecosystem which improvement
may include benefiting fish stocks.
secondary Sponsor — One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may
be the fiscal agent for the project.
Sponsor — A Sponsor is an organization that is listed in and has signed this Agreement.
Sponsor Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person,
etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This
person has the signature authority to bind the Sponsor to this Agreement, grant, and project.
subaward — Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to
another organization via this Agreement. Also, a subaward may be an award provided by a pass -through entity to a
subrecipient for the subrecipient to carry out part of any award received by the pass -through entity. It does not include
payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward
may be provided through any form of legal agreement, including an agreement that the pass -through entity considers
a contract. Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying
out a portion of a Federal award and creates a federal assistance relationship with the subrecipient (2 C.F.R. Part 200
(as updated)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the
Project Funding Section.
subrecipient — Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal
funds, a subrecipient is an entity that receives a subaward from a pass -through entity to carry out part of a federal
program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a
recipient of other federal awards directly from a federal awarding agency (2 C.F.R. Part 200 (as updated)). If this
Agreement is a federal subaward, the Sponsor is the subrecipient.
tribal consultation — Outreach, and consultation with one or more federally recognized tribes (or a partnership or
coalition or consortium of such tribes, or a private tribal enterprise) whose rights will or may be significantly affected
by the proposed project. This includes sharing with potentially -affected tribes the scope of work in the grant and
potential impacts to natural areas, natural resources, and the built environment by the project. It also includes
responding to any tribal request from such tribes and considering tribal recommendations for project implementation
which may include not proceeding with parts of the project, altering the project concept and design, or relocating the
project or not implementing the project, all of which RCO shall have the final approval of.
useful service life — Period during which a built asset, equipment, or fixture is expected to be useable for the
purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement.
WAC — Washington Administrative Code.
PERFORMANCE BY THE SPONSOR
The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed
goals and objectives described in the application or documents submitted with the application, all as finally approved by the
RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this
RCO: 21-1498 Revision Date: 1/31/2025 Page 11 of 22 22
reference as if fully set forth herein.
Timely completion of the project and submission of required documents, including progress and final reports, is important.
Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement.
ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without
prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter
a conveyance (see below) for the project area acquired with this grant without prior approval of the RCO.
RESPONSIBILITY FOR PROJECT
Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of
the Sponsor. The RCO and Funding Entity (if different from the RCO) undertakes no responsibilities to the Sponsor, or to any
third party, other than as is expressly set out in this Agreement.
The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit
of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all
Sponsors are equally responsible for the project and all post -completion stewardship responsibilities and long-term obligations
unless otherwise stated in this Agreement.
The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or
other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design,
construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor
and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any
funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay
person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the
project apparently is proceeding or has been completed as per the Agreement.
INDEMNIFICATION
The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or
suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection
with this Agreement (including without limitation all work or activities thereunder), or the breach of any obligation under this
Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any
other persons for whom the Sponsor may be legally liable.
Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State
from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State
is vicariously liable.
Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Sponsor or the
Sponsor's agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and
enforceable only to the extent of the Sponsor's negligence or its agents, or employees.
As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the
Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the
Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of
immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to,
any claims by Sponsor's employees directly against Sponsor.
Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of
any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as
provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to
the project without compensation or other substantial consideration.
The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims,
demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other
allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any
other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of
any use in connection with the Agreement of methods, processes, designs, information or other items furnished or
communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not
apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers' and
employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and
employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for
RCO: 21-1498 Revision Date: 1/31/2025 Page 12 of 22 23
whom the Sponsor may be legally liable.
The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils,
committees, divisions, bureaus, offices, societies, or other entities of state government.
INDEPENDENT CAPACITY OF THE SPONSOR
The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO
or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the
Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would
accrue to an employee under RCW 41.06.
The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by
federal, state, and/or local laws.
CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written
notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation
of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or
performance under, this Agreement.
In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the
Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO
provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this
Agreement.
COMPLIANCE WITH APPLICABLE LAW
In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without
limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other
applicable laws, the following laws:
A. Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination
laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age
Discrimination Employment Act (if applicable). In the event of the Sponsor's noncompliance or refusal to comply with
any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part,
and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is
responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except
where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following
nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the
contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies."
B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or
instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or
instruction may be a minor use of the grant supported recreation and conservation land or facility.
C. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the
United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor
agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing
rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to
file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as
required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the
Washington State Department of Labor and Industries.
1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of
intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or
subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative
statement of the contractor's or subcontractor's intent. Unless required by law, the Sponsor is not required to
investigate a statement regarding prevailing wage provided by a contractor or subcontractor.
2) Exception, Service Organizations of Trail and Environmental Projects (RCW 79A.35.130). If allowed by state
and federal law and rules, participants in conservation corps programs offered by a nonprofit organization
affiliated with a national service organization established under the authority of the national and community
service trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of compensation while
performing environmental and trail maintenance work provided: (1) The nonprofit organization must be
registered as a nonprofit corporation pursuant to RCW 24.03; (2) The nonprofit organization's management
and administrative headquarters must be located in Washington; (3) Participants in the program must spend
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at least fifteen percent of their time in the program on education and training activities; and (4) Participants in
the program must receive a stipend or living allowance as authorized by federal or state law. Participants are
exempt from provisions related to rates of compensation only for environmental and trail maintenance work
conducted pursuant to the conservation corps program.
D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and
recognized executive -legislative relationships, for publicity or propaganda purposes, or for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to
support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided
under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related
to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state
legislature.
E. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its
principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries.
Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party
that is on Washington State Department of Labor and Industries' "Debarred Contractor List."
ARCHAEOLOGICAL AND CULTURAL RESOURCES
A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources,
except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as
may apply.
1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects
occurring on State or Federal Agency owned or managed lands, will be the responsibility of the respective
agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially
historic or culturally significant structure, or release of final payments on an acquisition, the Sponsor must
provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and
cultural resources responsibilities of such state or federal landowner or manager has been conducted.
B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and
cultural resources.
C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources
completion. RCO may require on -site monitoring for impacts to archaeology and cultural resources during any
demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate,
or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources requirements for
non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement.
D. Compliance and Indemnification. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate
adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for
such minimization and mitigation. All federal or state cultural resources requirements under Governor's Executive
Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National
Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the
project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim
related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this
Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable
local, state, and federal laws protecting cultural resources and human remains.
E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for
reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the
Sponsor.
F. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery
Plan, and:
1) Keep the IDP at the project site.
2) Make the IDP readily available to anyone working at the project site.
3) Discuss the IDP with staff and contractors working at the project site.
4) Implement the IDP when cultural resources or human remains are found at the project site.
G. Inadvertent Discovery
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1) If any archaeological or historic resources are found while conducting work under this Agreement, the
Sponsor shall immediately stop work and notify RCO, the Department of Archaeology and Historic
Preservation at (360) 586-3064, and any affected Tribe, and stop any activity that may cause further
disturbance to the archeological or historic resources.
2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately
stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then
RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains.
Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State
provides a new notice to proceed.
a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by
the Department of Archaeology and Historic Preservation (DAHP).
b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and
make a determination of whether those remains are forensic or non -forensic. If the county medical
examiner/coroner determines the remains are non -forensic, then they will report that finding to the
Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over
the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The
State Physical Anthropologist will make a determination of whether the remains are Indian or Non -
Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will
then handle all consultation with the affected parties as to the future preservation, excavation, and
disposition of the remains.
RECORDS
A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded
project site in a format specified by the RCO.
B. Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other records
relating to this Agreement and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in
the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO
deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit
is started before the expiration of the nine (9) year period, the records shall be retained until all litigation, claims, or
audit findings involving the records have been resolved.
C. Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials
generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO,
personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by
law, regulation or agreement. This includes access to all information that supports the costs submitted for payment
under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer
models and methodology for those models.
D. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any
records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO
administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor
agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject
to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State
may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56.
The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy
such record to respond to a request under state public records laws. The Sponsor hereby agrees to release the State
from any claims arising out of allowing such review or copying pursuant to a public records act request, and to
indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's
defense of such claims.
PROJECT FUNDING
A. Authority. This Agreement and funding is made available to Sponsor through the RCO.
B. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount
as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and
incorporated by written amendment into this Agreement.
C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date
shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a
waiver of retroactivity or program specific eligible pre -Agreement costs. For reimbursements of such costs, this
Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement
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may be reduced as necessary to exclude any such expenditure from reimbursement.
D. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance
shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity
may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such
expenditure from participation.
PROJECT REIMBURSEMENTS
A. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12,
whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and
allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only
after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will
authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT
FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a
donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must
include proper documentation of expenditures as required by RCO.
B. Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO,
at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or
as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement
regarding reimbursement requirements.
C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly
conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the
Sponsor.
D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the
grant to the Sponsor until the following has occurred:
1) RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld.
2) On -site signs are in place (if applicable); Any other required documents and media are complete and
submitted to RCO;Grant related fiscal transactions are complete, and
3) RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the
future.
ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are
consistent with legal requirements and Manual 8: Reimbursements.
RECOVERY OF PAYMENTS
A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in
accordance with state and federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the
project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to
recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies
available at law or in equity.
B. Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made
under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30
days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the
Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due
and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of
RCO, it shall be due and owing 30 days after demand by RCO for refund.
COVENANT AGAINST CONTINGENT FEES
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an
agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or
bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the
event of breach of this clause by the Sponsor, to terminate this Agreement and to be reimbursed by Sponsor for any grant
funds paid to Sponsor (even if such funds have been subsequently paid to an agent), without liability to RCO or, in RCO's
discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such
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commission, percentage, brokerage or contingent fee.
INCOME (AND FEES) AND USE OF INCOME
A. Compatible source. The source of any income generated in a funded project or project area must be compatible with
the funding source and the Agreement and any applicable manuals, RCWs, and WACs.
B. Use of Income. Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO,
and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor
permit, cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services, carbon offsets
sequestration, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset:
1) The Sponsor's matching resources;
2) The project's total cost;
3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program
assisted by the grant funding;
4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the
Sponsor's system;
5) Capital expenses for similar acquisition and/or development and renovation; and/or
6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement.
C. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained,
renovated, or restored and shall be consistent with the:
1) Grant program laws, rules, and applicable manuals;
2) Value of any service(s) furnished;
3) Value of any opportunities furnished; and
4) Prevailing range of public fees in the state for the activity involved.
PROCUREMENT REQUIREMENTS
A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows
applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and
retained. If no such process exists, the Sponsor must follow these minimum procedures:
1) Publish a notice to the public requesting bids/proposals for the project;
2) Specify in the notice the date for submittal of bids/proposals;
3) Specify in the notice the general procedure and criteria for selection; and
4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be
repeated until a suitable bid is selected.
5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity,
sex, or sex -orientation that are applicable to state agencies in selecting a bidder or proposer.
Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so.
This procedure creates no rights for the benefit of third parties, including any proposers, and may not be
enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be
required to certify to the RCO that they have followed any applicable state and/or federal procedures or the
above minimum procedure where state or federal procedures do not apply.
TREATMENT OF EQUIPMENT AND ASSETS
Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the
applicable manuals, or approved by RCO in writing.
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A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the
duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the
equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO,
or to dispose of the equipment according to RCO published policies.
B. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment.
RIGHT OF INSPECTION
The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or
official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate
performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or
other form of control and tenure limits access to the project area, it must include (or be amended to include) the RCO's right to
inspect and access lands acquired or developed with this funding assistance.
STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this
Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees
to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO
does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or
safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes.
ACKNOWLEDGMENT AND SIGNS
A. Publications. The Sponsor shall include language which acknowledges the funding contribution of the applicable
grant program to this project in any release or other publication developed or modified for, or referring to, the project
during the project period and in the future.
B. Signs.
1) During the period of performance through the period of long-term obligation, the Sponsor shall post openly
visible signs or other appropriate media at entrances and other locations on the project area that
acknowledge the applicable grant program's funding contribution, unless waived by the director; and
2) During the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate
media at entrances and other locations to notify the public of the availability of the site for reasonable public
access.
C. Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.
The Sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication
ceremonies and in all advertisements and mailings thereof, and any and all of its related digital media publications.
PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS
The following provisions shall be in force:
A. Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the
assistance of money granted per this Agreement and within the project area shall be built, operated, and maintained
according to applicable regulations, laws, building codes, and health and public safety standards to assure a
reasonably safe condition and to prevent premature deterioration. It is the Sponsor's sole responsibility to ensure the
same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or
employ or train staff for that purpose.
B. Document Review and Approval. Prior to commencing construction or finalizing the design, the Sponsor agrees to
submit one copy of all construction and restoration plans and specifications to RCO for review solely for compliance
with the scope of work to be identified in the Agreement. RCO does not review for, and disclaims any responsibility to
review for safety, suitability, engineering, compliance with code, or any matters other than the scope so identified.
Although RCO staff may provide tentative guidance to a Sponsor on matters related to site accessibility by persons
with a disability, it is the Sponsor's responsibility to confirm that all legal requirements for accessibility are met even if
the RCO guidance would not meet such requirements.
1) Change orders that impact the amount of funding or changes to the scope of the project as described to and
approved by the RCO must receive prior written approval of the RCO.
C. Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure and term (such as
long-term lease, perpetual or long-term easement, or perpetual or long-term fee simple ownership, or landowner
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agreement or interagency agreement for the land proposed for construction, renovation, or restoration. The
documentation must meet current RCO requirements identified in this Agreement as of the effective date of this
Agreement unless otherwise provided in any applicable manual, RCW, WAC, or as approved by the RCO.
D. Use of Best Management Practices. Sponsors are encouraged to use best management practices including those
developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include
"Integrated Streambank Protection Guidelines", 2002; "Land Use Planning for Salmon, Steelhead and Trout: A land
use planner's guide to salmonid habitat protection and recovery", 2009", "Protecting Nearshore Habitat and Functions
in Puget Sound", 2010; "Stream Habitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013;
and "Marine Shoreline Design Guidelines", 2014. These documents, along with new and updated guidance
documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best
management practices developed by the Washington Invasive Species Council (WISC) described in "Reducing
Accidental Introductions of Invasive Species" which is available on the WISC Web site.
E. At no time shall the Sponsor design, construct, or operate this grant funded project in a way that unreasonably puts
the public, itself, or others at risk of injury or property damage. The Sponsor agrees and acknowledges that the
Sponsor is solely responsible for safety and risk associated with the project, that RCO does not have expertise,
capacity, or a mission to review, monitor, or inspect for safety and risk, that no expectation exists that RCO will do so,
and that RCO is in no way responsible for any risks associated with the project.
LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS
A. Long -Term Obligations. This section applies to completed projects only.
B. Perpetuity. For acquisition and development projects, or a combination thereof, unless otherwise allowed by
applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. The RCO requires that
the project area continue to function for the purposes for which these grant funds were approved, in perpetuity.
C. Conversion. The Sponsor shall not at any time convert any real property (including any interest therein) or facility
acquired, developed, and/or renovated pursuant to this Agreement, unless provided for in applicable statutes, rules,
and policies. Conversion includes, but is not limited to, putting such property (or a portion of it) to uses other than
those purposes for which funds were approved or transferring such property to another entity without prior approval
via a written amendment to the Agreement. All real property or facilities acquired, developed, and/or renovated with
funding assistance shall remain in the same ownership and in public use/access status in perpetuity unless otherwise
expressly provided in the Agreement or applicable policies or unless a transfer or change in use is approved by the
RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if the project is subject
to operation and or maintenance obligations, the failure to comply with such obligations, without cure after a
reasonable period as determined by the RCO, is a conversion. Determination of whether a conversion has occurred
shall be based upon all terms of the Agreement, and all applicable state of federal laws or regulation.
1) When a conversion has been determined to have occurred, the Sponsor shall remedy the conversion as set
forth in this Agreement (with incorporated documents) and as required by all applicable policies, manuals,
WACs and laws that exist at the time the remedy is implemented or the right to the remedy is established by
a court or other decision -making body, and the RCO may pursue all remedies as allowed by the Agreement
or law.
CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS
The following provisions shall be in force for this agreement:
A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with
the grant funds, including undeveloped sites, are built, operated, used, and maintained:
1) According to applicable federal, state, and local laws and regulations, including public health standards and
building codes;
2) In a reasonably safe condition for the project's intended use;
3) Throughout its estimated useful service life so as to prevent undue deterioration;
4) In compliance with all federal and state nondiscrimination laws, regulations and policies.
B. Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable
statutes, rules, and applicable WACs and manuals, facilities must be open and accessible to the general public, and
must:
1) Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current
guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules,
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including but not limited to: the International Building Code, the Americans with Disabilities Act, and the
Architectural Barriers Act, as amended and updated.
2) Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods.
3) Be available for appropriate use by the general public at reasonable hours and times of the year, according
to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director
in writing. Sponsor shall notify the public of the availability for use by posting and updating that information
on its website and by maintaining at entrances and/or other locations openly visible signs with such
information.
ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The
provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict
between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by
giving precedence in the following order:
A. Federal law and binding executive orders;
B. Code of federal regulations;
C. Terms and conditions of a grant award to the state from the federal government;
D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal
law;
E. State Constitution, RCW, and WAC;
F. Agreement Terms and Conditions and Applicable Manuals;
G. Applicable deed restrictions, and/or governing documents.
LIMITATION OF AUTHORITY
Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall have the authority to
alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment,
modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written
amendment to this Agreement and signed by the RCO Director or delegate.
WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's
designee, and attached as an amendment to the original Agreement.
APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH
The Funding Entity (if different from RCO) and RCO rely on the Sponsor's application in making its determinations as to
eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the
application may be deemed a breach of this Agreement.
SPECIFIC PERFORMANCE
RCO may, at it's discretion, enforce this Agreement by the remedy of specific performance, which means Sponsors'
completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy
of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be
deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this
Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment
of the grant amount paid and damages.
TERMINATION AND SUSPENSION
The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the
requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application
RCO: 21-1498 Revision Date: 1/31/2025 Page 20 of 22 31
for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200 (as
updated).
A. For Cause.
1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this
Agreement:
a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement;
b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the
project by the completion date set out in this Agreement. Included in progress is adherence to
milestones and other defined deadlines; or
c) If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed
to implement the project;
2) Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action
is not taken within 30 days or such other time period that the director approves in writing, the Agreement may
be terminated. In the event of termination, the Sponsor shall be liable for damages or other relief as
authorized by law and/or this Agreement.
3) RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the
Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and
pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract.
B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice,
beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best
interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms
of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a
"Termination for Convenience" if it is determined that:
1) The Sponsor was not in default; or
2) Failure to perform was outside Sponsor's control, fault or negligence.
C. Rights and Remedies of the RCO.
1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any
other rights and remedies provided by law.
2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid
to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law, the
director may require that any amount paid be repaid to RCO for redeposit into the account from which the
funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable
and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for
substantially the entire period of performance and of long-term obligation.
D. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and
federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under
this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO
shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the
Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a
continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate.
Termination of the Agreement under this section is not subject to appeal by the Sponsor.
1) Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon
the state appropriating state and federal funding each biennium. In the event the state is unable to
appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the
Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean
all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides
notice to continue work.
2) No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to
pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any
right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law
and regulations.
RCO: 21-1498 Revision Date: 1/31/2025 Page 21 of 22 32
DISPUTE HEARING
Except as may otherwise be provided in this Agreement, when a dispute arises between the Sponsor and the RCO, which
cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's
request for a dispute hearing must be in writing and clearly state:
A. The disputed issues;
B. The relative positions of the parties;
C. The Sponsor's name, address, project title, and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that
the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three
persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the
two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be
dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on
a third person. This process shall be repeated until a three person panel is established.
Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according
to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so
agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes.
The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is
beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request
shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position
of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of
those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the
receiving party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties
ATTORNEYS'FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and
attorneys' fees.
GOVERNING LAW/VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a
lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be
in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where
venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State
of Washington and agrees to venue as set forth above.
SEVERABILITY
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason
whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement.
END OF STANDARD TERMS AND CONDITIONS
This is the end of the Standard Terms and Conditions of the Agreement.
RCO: 21-1498 Revision Date: 1/31/2025 Page 22 of 22 33
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 an Interlocal Agreement with Kitsap County for
Materials (Ryan)
Meeting Date: March 11, 2025
Prepared By: Sayre Thompson, PW Procurement Specialist
Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director
Summary and Background: The Interlocal Agreement (KC-590-24) is a formal cooperative agreement
between Kitsap County and the City of Port Orchard, entered under Chapter 39.34 RCW. This
agreement facilitates cooperation between the two entities, allowing the City to request both
materials and services from the County as needed when mutually beneficial. It provides the City with
access to a range of resources, including materials and services that Kitsap County can supply,
fostering a more efficient and effective approach to meeting the City's needs.
By entering into this agreement, the City can streamline operations by requesting the necessary
materials and services from the County without the need to independently procure these resources.
The agreement is effective for five years from the date of execution, with either party having the
ability to terminate it with 30 days' written notice.
This arrangement offers the City a practical, cost-effective way to access the materials and services it
requires, ensuring that projects can proceed without unnecessary delays or costs associated with
independent procurement.
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.
Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute an
Interlocal Agreement with Kitsap County.
Has item been presented to Committee/Work Study? If so, which one: No
Fiscal Impact: Up to $10,0000
Alternatives: Do not approve and provide further guidance.
Attachments:
KC-590-24 ILA City of Port Orchard.pdf
34
Resolution_-_Kitsap_I LA.doc
35
m
M
KC-590-24
INTERLOCAL AGREEMENT BETWEEN
KITSAP COUNTY AND THE CITY OF PORT ORCHARD FOR
MATERIALS
This Interiocal Agreement ("Agreement") is made and entered into pursuant to the
provisions of Chapter 39.34 RCW by and between the County of Kitsap (hereinafter
"County") and the City of Port Orchard (hereinafter "City"), also referred to individually
as "Party" and collectively as the "Parties", Either Party to the Agreement, the
requesting agency (hereinafter the "Requester") and the providing agency (hereinafter
the "Provider") may request materials from the other Party as needed from time to
time and deemed mutually beneficial.
I. INCORPORATION OF RECITALS
The foregoing Recitals are incorporated in full and made part of this Agreement by this
reference:
WHEREAS, from time to time, the Parties will benefit from cooperation in Public
Works projects in the manner proposed herein; and
WHEREAS, 39.34.030 RCW authorizes public agencies to enter into cooperative
agreements for their mutual benefit; and
NOW THEREFORE, in consideration of their mutual covenants, conditions and
promises, the Parties, through their respective legislative bodies, do hereby agree as
follows:
II. AGREEMENT
PURPOSE OF AGREEMENT: The purpose of this Agreement is to provide for
cooperation between the County and the City whereby either Party may request certain
materials provided by the other Party.
ADMINISTRATION OF AGREEMENT: This Agreement does not establish or create
a separate or joint board. No joint property shall be acquired, held, or disposed of. Any
real or personal property used as a result of this Agreement shall be considered and
remain the property of the Party who purchased such real or personal property.
TERM: This Agreement shall take effect upon execution by the Parties and shall
remain in effect for five (5) years from the date of execution by the county.
3
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TERMINATION: Either the County or the City may terminate this Agreement by
giving thirty (30) days written notice to the other Party,
COMPLETE AGREEMENT: This Agreement represents the entire Agreement
between the Parties and supersedes all prior oral and written Agreements. This
Agreement may not be amended or extended except by an instrument of writing
executed by the Parties, with the same formalities that apply to this Agreement.
REQUEST BY PARTICIPATING PARTIES: Whenever the Requester desires to
obtain work from the Provider pursuant to this Agreement, the Requester shall
make a request for said materials, in writing upon the "Request and Agreement for
Work, "Materials" form which is attached and incorporated to this Agreement as
Attachment "A".
REVIEW OF REQUEST: The requested scope of work will be reviewed by the
Provider's Director of Public Works, or designee, to ensure that the requested work can
be accommodated, The Provider's Director, or designee, shall have sole final decision -
making authority at to the availability of material requested.
FULFILLMENT OF REQUEST: If the Provider's Director, or designee, approves the
request, the Provider will perform the work or provide the equipment in the time and
manner convenient to the Provider providing the request will not negatively impact the
Provider's business.
PARTY EMPLOYEES: All employees assigned to perform work for the Requester
pursuant to this Agreement, remain employees of the Provider at all times, and shall
perform the work requested under the sole supervision of Provider's agency. Labor,
equipment, materials and procedures in performance of work pursuant to this
Agreement, shall be mutually agreed to in writing.
FINANCIAL RESPONSIBILITY: Except as may be otherwise set forth in this
Agreement, the Requester shall be solely responsible for all costs related to the
requested Public Works project, including costs of equipment rental, and administration
of all grant funds, when applicable.
REIMBURSEMENT: Requester shall reimburse the Provider for all costs of direct and
indirect labor (including fringe benefits), administration, equipment rental, engineering,
materials and supplies procured pursuant to this Agreement. The Provider shall submit
a statement to the Requester after performance or delivery and the Requester shall
refund the Provider within thirty (30) days of receipt.
REMEDIES: In the event either Party exercises its option to terminate prior to
completion of the work, and the non -terminating Party alleges breach, the sole and
exclusive remedy available to the non -terminating Party shall be specific performance.
4
PROCEDURE FOR REMEDIES: Before exercising any available remedies, including
Dispute Resolution provisions covered in other sections of this Agreement, the Party
alleging breach shall follow the procedures below:
A. Notice of Violation: In the event the Parry believes that the other Party has
not complied with the terms of this Agreement and is a defaulting Party, the
Party shall notify the defaulting Party in writing, by certified mail, of the
nature of the alleged non-compliance,
B. The Defaulting Parry's Right to Cure or Respond: The defaulting Parry shall
have ten (10) days from receipt of Notice of Violation to (i) respond to the
non -defaulting Parry, or (ii) to cure such default or in the event that the
default cannot be cured within the ten (10) day period, initiate acts or action
to remedy such default in a reasonable time. The duty to cure includes the
duty to cure all harm caused by the acts of omissions of the defaulting Parry.
At the end of the ten (10) day period, the defaulting Parry shall provide the
non -defaulting Party timely notice, (i) of the action taken to cure the default,
(ii) if the default has not been cured, an explanation for why the default has
not been cured and the projected date for the cure; (iii) and if the default is
disputed, a detailed explanation of the basis of the dispute.
C. If the non -defaulting Party determines in good faith that the defaulting Parry
did not cure or initiate steps to cure to the non -defaulting Parry's satisfaction,
after the notice required herein was provided, then the Party may exercise its
available remedies after complying with the Dispute Resolution provisions.
DISPUTE RESOLUTION: In the event that a dispute is not resolved after following
the Procedure for Remedies outline elsewhere in this Agreement, the Parties shall
attempt to resolve it in the following manner before pursuing any other remedies
available to either Party: the Parties will each appoint one member to a Dispute Board
and those members will jointly appoint a third member. The Dispute Board will evaluate
the dispute and attempt in good faith to resolve the dispute. The Dispute Board's
determination shall be non -binding.
CHOICE OF LAW AND VENUE: This Agreement shall be interpreted according to
the laws of the State of Washington. Any judicial action to resolve disputes arising out
of this Agreement shall be brought in Pierce County Superior Court.
NOTICES: All notices and other written communication required by this Agreement
shall be in writing and, except as expressly provided elsewhere in this Agreement, shall
be deemed delivered by personal delivery, or at a time of mailing, if mailed by first
class, postage pre -paid and addressed to the Parry at the address provided below, or at
such address as a Party may designate at any time in writing:
5
To: Kitsap County Public Works:
Nicholas Graves, Roads
Maintenance Program
Supervisor
614 Division Street,
MS-26
Port Orchard, WA. 98366
To: City of Port Orchard
Jeff Heglund, Operations Manager
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
NON-DISCRIMINATION: No Party in the performance of this Agreement shall
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. The Parties shall comply with
Title VI of the Civil Rights Act of 1964, P.L. 88 354 and Americans with Disability Act of
1990.
SEVERABILITY: If any section, subsection, paragraph or provision of this Agreement
is determined to be illegal, invalid, or unconstitutional by any court or agency of
competent jurisdiction, such determination shall have no effect on the validity of any
other section, subsection, paragraph or provision of this Agreement, all of which will
remain in full force and effect for the term of this Agreement.
MODIFICATION: This Agreement represents the entire Agreement of the Parties. No
change, termination, or attempted waiver of any of the provisions of this Agreement
shall be binding on any of the Parties unless executed in writing by authorized
representatives of each of the Parties. This Agreement shall not be modified,
supplemented, or otherwise affected by the course of dealings between the Parties.
INSURANCE: Each Party, at its own expense, shall provide and keep in force:
A. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and
$1,000,000 aggregate for personal injury, bodily injury and property
damage. Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage; explosion,
collapse and underground (XCU) if applicable.
B. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
C. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington
and employer's liability with limits not less than $1,000,000.
0
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le
Each Party shall name the other Party as an additional insured.
The insurance requirements set forth in this Section shall be deemed to be minimum
coverages and limits and shall not be construed in any way as a limitation on the other
Part's duty to carry adequate insurance or on each Parry's liability for losses or
damages under this Agreement.
INDEMNIFICATION: The Requester shall defend, indemnify and hold harmless, at
the Requester's sole expense, the Provider, it's elected and appointed officials, officers,
employees and agents, from and against any and all claims, actions, demands, losses,
damages, liabilities and costs, including, but not limited to, attorney's fees and litigation
costs, arising out of the performance of Requester under this Agreement, whether the
demand, loss or claim is due to the negligence of the Requester, it's elected and
appointed officials, officers, employees, or agents, except that in no event Requester be
liable for injury or damages to the extent caused by negligence or willful misconduct of
the Provider, it's elected or appointed officials, officers, employees or agents.
The Provider shall defend, indemnify and hold harmless, at the Provider's sole expense,
the Requester, it's elected and appointed officials, officers, employees and agents, from
and against any and all claims, actions, demands, losses, damages, liabilities and costs,
including, but not limited to, attorney's fees and litigation costs, arising out of the
performance of Provider under this Agreement, whether the demand, loss or claim is
due to the negligence of the Provider, it's elected and appointed officials, officers,
employees, or agents, except that in no event Provider be liable for injury or damages
to the extent caused by negligence or willful misconduct of the Requester, it's elected
or appointed officials, officers, employees or agents.
This Section shall survive termination of this Agreement.
WAIVER: Neither the waiver by any of the Parties hereto of a breach of, or a default
under any of the provisions of this Agreement, nor the failure of either of the Parties,
on one or more occasions, to enforce any of the provisions of this Agreement, or to
exercise any right or privilege hereunder will thereafter be construed as a waiver of any
subsequent breach or default of a similar nature, or as a waiver of any such provisions,
rights or privileges hereunder.
7
FORCE MA]EURE: Nonperformance by a Party, other than payment of any amounts
due hereunder by the Parties, shall not operate as a default under or breach of the
terms of this Agreement to the extent and for so long any such nonperformance is due
to: strikes or other labor disputes; prevention or prohibition by law; the loss or injury to
products in transit; an Act of God; Pandemic, or war or other cause beyond the control
of such Party.
ASSIGNMENT AND SUCCESSORS IN INTEREST: Except as otherwise provided
herein, no Party may assign, subcontract, or delegate any right or obligation under this
Agreement, in whole or in part, without the express prior written consent of the other
Party. This Agreement shall inure to the benefit of and be binding upon each Party's
successors and assigns.
COUNTERPARTS: This Agreement may be executed in any number of counterparts
or, if mutually agreeable to the undersigned authorized signatories for the Parties,
through the exchange by facsimile or other electronic means of duty -signed duplicates
hereof, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
SECTIONS AND HEADINGS: The division of this Agreement into sections and
subsections and the insertion of headings are for convenience or reference only, and do
not affect the interpretation of this Agreement. Unless otherwise indicated, references
in this Agreement to an article, section, subsection or schedule are to the specified
article, section or subsection of or schedule to this Agreement.
FILING: The County will, pursuant to 39.34.040 RCW, cause this Agreement to be
filed with the Kitsap County Auditor upon full execution by the Parties.
WARRANTY OF AUTHORITY: Each person or Party subscribing to this Agreement
expressly warrants that it has full authority to do so.
8
N
Re
Dated this day of , 2024. Dated this ,I day of ] , 2024.
CITY OF PORT ORCHARD BOARD OF COUNTY COMMISSIONERS
Rol, Putaansuu, Mayor
Attest:
Brandy Wallace, City Clerk
Attest:
Dana Daniels, Clerk of the Board
KITSAP COUNTY,
WASHINGTON
V-T_ Ajo-�
KATH NET. WALTER Cha'
CHRISTINE ROLFES, Commissioner
_x4to
CHARLOTTE GARRIDO, Commissioner
M
le
ATTACHMENT "A"
REQUEST AND AGREEMENT FOR WORK, EQUIPMENT, AND/OR MATERIALS
The undersigned hereby request that the following described work, and/or service,
and/or equipment rental be performed or provided by:
Kitsap_County Public Works
(Provider)
City of Port Orchard
(Requester)
It is understood that this work, and or equipment rental is at the convenience of the
Provider and that the undersigned agency will reimburese all costs, unless otherwise
indicated.
DESCRIPTION OF WORK, SERVICES OR EQUIPMENT RENTAL REQUESTED:
Estimate Attached No
Project Completion Date 5..years from execution
Total Cost Not to Exceed: $10,000
The undersigned certifies that sufficient budgeted funds are avialable to cover the cost
of the requested work and/or services, and that payment to the Provider will be made
promptly unless otherwise indicated in this Agreement,
REQUESTING AGENCY:
Address:
Phone:
Requested by:
Name/Print Title/Print
ACTION OF THE PROVIDER
APPROVED BY: DATE:
Provider
lc
RESOLUTION NO. **
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING AN
INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY, AND THE CITY OF PORT
ORCHARD.
WHEREAS, the City of Port Orchard and Kitsap County recognize the mutual benefit of
cooperation in accessing materials and services; and
WHEREAS, Kitsap County may have materials and services that the City of Port Orchard
requires for its operations; and
WHEREAS, the City of Port Orchard seeks to streamline its processes by requesting
materials and services from Kitsap County as needed; and
WHEREAS, Chapter 39.34 RCW, known as the Interlocal Cooperation Act, allows
governmental entities in the state of Washington to enter into agreements for cooperation in
providing services, sharing resources, or performing functions that are mutually beneficial; and
WHEREAS, the Interlocal Agreement (KC-590-24) is a formal cooperative agreement
between Kitsap County and the City of Port Orchard, which facilitates cooperation between the
two entities and allows the City to request both materials and services from the County as
needed; and
WHEREAS, this Interlocal Agreement establishes a framework for the City of Port
Orchard to request materials and services from Kitsap County for its own use, with the
understanding that the City is not obligated to provide similar resources to the County; and
WHEREAS, the agreement will remain in effect for five years from the date of execution,
with either party having the ability to terminate the agreement with thirty days' written notice;
and
WHEREAS, this cooperative arrangement provides a cost-effective and efficient solution
for the City of Port Orchard to access the necessary materials and services to meet its needs;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby
adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves of and authorizes the Mayor to execute 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.
44
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 251h day of February 2025.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
45
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 Declaring Certain Personal Property as Surplus and
Authorizing its Disposition Thereof (Wallace)
Meeting Date: March 11, 2025
Prepared By: Brandy Wallace, MMC, CPRO, City Clerk
Presenter: Brandy Wallace, MMC, CPRO, City Clerk
Summary and Background: Assets of the City that are no longer usable, are no longer of value to the
City, or are surplus to City needs, may be removed from City ownership, sold, or in any other way
disposed with a declaration of surplus by the City Council.
Staff is asking the Council to surplus 1 vehicle (2001 Ford Dump Truck) and 7 back seat car seats, as
they are no longer useful to the City.
The Finance department has estimated the current value of the items to be $5,200. These items were
not acquired for public utility purposes; therefore, a public hearing is not required, pursuant to RCW
35.94.040(2).
Although the City's internal asset value of the items may be undervalued, any monies from the sale of
surplus property will be deposited into the Fund(s) which owned them. When disposal is to the
general public through direct sale, sealed bid or auction, final determination of value shall be the
highest responsible bid or offer. The City may transfer a surplus asset to another public agency upon
written request and a determination that it is in the public interest.
Staff will dispose the items in a manner that reflects the best interest of the City.
Relationship to Comprenhensive Plan: N/A
Recommendation: Staff is recommending adoption of a resolution declaring personal property as
surplus and allowing for its disposition.
Motion for Consideration: I move to adopt a resolution declaring personal property, 1 vehicle and 7
back seat car seats, valued at a total amount of $5,200, belonging to the Police and Street
departments as surplus and authorizing its disposition.
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: Money received from the disposition of surplus items will be deposited into the Fund(s)
of ownership.
Alternatives: Do not adopt and provide further guidance.
Attachments:
Res_Declaring_Surplus
Request to surplus-1.pdf
surplus ER&R#1031 to council-2.docx
►,VA
RESOLUTION NO. -25
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING
CERTAIN PERSONAL PROPERTY AS SURPLUS AND AUTHORIZING ITS
L]1.9Z91-9kIEel ► at: L4CiteIA
WHEREAS, certain personal property owned by the Street and Police departments of
the City of Port Orchard have become surplus to the needs of the City; and
WHEREAS, the City Council desires to surplus a 2001 Ford 551XL Dump Truck
belonging to the Street department and 7 back seats of newly purchased vehicles belonging to
the Police Department, in the best interest of the City as they no longer useful; and
WHEREAS, the City Council has determined that the current asset value of the
vehicle and car seats to be $5,200; and
WHEREAS, pursuant to RCW 35.94.040(2) this item was not acquired for public utility
purposes, therefore a public hearing is not required; and
WHEREAS, the City Council has, pursuant to the requirements of POMC 1.30.020,
considered the possible future requirements of the City, the present value of the personal
property, the likelihood of locating a buyer, possible intergovernmental cooperation, and the
general welfare of the citizens of Port Orchard in determining whether it is in the best interest
of the City to dispose of such personal property; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
THAT: Council declares the following items belonging to the Police and Street
departments as surplus:
• 2001 Ford 551XL Dump Truck VIN# 1FDAF57F71EC06121
• 7 car seats
FURHTER THAT: Staff is instructed to dispose the items in a manner that
reflects the best interest of the City.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 111" day of March 2025.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
48
CITY OF PORT ORCHARD
Finance Department
216 Prospect Street, Port Orchard, WA 98366
Voice: (36o) 876-4407 + Fax: (36o) 895-9029
www.cityofportorchard.us
Date: 2/27/25
To: Brandy Wallace, City Clerk
From: Gretchen Isaksson, ER&R Manager
RE: Surplus
Summary: In 2024 the ER&R fund purchased 11 police vehicles. Seven of the new police SUV's
have been outfitted to be patrol vehicles. This requires the back seats that are standard in the
vehicles to be replaced with appropriate seats to transport individuals who are in custody. The
seats that have been replaced are in storage and will not be used by the department.
The estimated value of all the seats is $200.00.
Finance Director Approval
/Z-r--
Date
49
CITY OF PORT ORCHARD
Finance Department
216 Prospect Street, Port Orchard, WA 98366
Voice: (36o) 876-4407 • Fax: (36o) 895-9029
www.cityofportorchard.us
Date:2/27/25
To: Brandy Wallace, City Clerk
From: Gretchen Isaksson, ER&R Manager
RE: Surplus
Summary: ER&R# 1031 2001 Ford 551 XL Truck is a small dump truck used by public works for
streets, has been replaced with ER&R# 1 101 Ford F550.
ER&R#1031 has past its life expectancy and is no longer in service.
The estimated value at an auction is $5000.00.
Finance Director Approval
Date
50
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: Approval of a Lease with the Washington State Military Department for the Use of
the Butler Building (Brown)
Meeting Date: March 11, 2025
Prepared By: Matt Brown, Police Chief
Presenter: Matt Brown, Police Chief
Summary and Background: The Police Department has leased the Butler Building, an 2,000 square
foot open storage facility, since 2017. The facility is provided for the exclusive use of the Port Orchard
Police Department and delivers significant storage and training space. This lease will allow for the
continued utilization of the facility without disruption to police department operations.
Relationship to Comprenhensive Plan: N/A
Recommendation: Staff recommends the council approve the Mayor to sign the Lease with the
Washington State Military Department for the Use of the Butler Building.
Motion for Consideration: I move to approve the Mayor signing the lease with the Washington State
Military Department for the continued use of the Butler Building to provide storage and training space
to the police department.
Has item been presented to Committee/Work Study? If so, which one: No
Fiscal Impact: There is no significant fiscal impact. The lease for this facility, and annual increases to
the monthly payment, is included in the 2025-2026 Biennial Budget.
Alternatives: Decline to provide the Mayor with approval to sign the lease and issue additional
guidance.
Attachments:
LX25-005 Port Orchard PD.pdf
51
MIL#: LX25-005
State of Washington Military Department
Bldg. 36, Camp Murray
Tacoma, WA 98430-5013
Attn: Real Property Office
Document Title: Lease
Lessor: Washington State Military Department
Lessee: City of Port Orchard (Police Department)
FACILITY LEASE
1. This LEASE is made and entered into between Washington State Military Department
whose address is Real Property Office, Camp Murray, Building 36, Tacoma, Washington 98430- 5013,
for its administrators, successors, and assigns, hereinafter called the Lessor, and City of Port Orchard
(Police Department) hereinafter called the Lessee.
WHEREAS, the Lessor and Lessee deem it to be in the best public interest to enter into this Lease;
NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained
herein, IT IS MUTUALLY AGREED AS FOLLOWS:
PREMISES
2. The Lessor hereby leases to the Lessee the following described Premises:
Tax Parcel Number: A portion of 362401-1-014-200
Common Name and Street Address: 1950 Mile Hill Drive, Port Orchard, Washington 98221
Legal Description: A portion of said parcel located at 1950 Mile Hill Drive, Port Orchard,
Washington 98221, legally described as: beginning in the north quarter corner of Section
36,Township 24 North Range 1 East, Willamette Meridian, thence South 0* 12'40" west 87.22 feet
to the true point of beginning; thence South 0* 11'54"West 601.71 feet more or less to the north line
of Lincoln Avenue; thence North 88*52'55" West 647.65feet more or less to the point of beginning,
containing 8.825 acres more or less; subject to all easements and dedications of record. Such real
property is located within the real property shown in Attachment A, which is incorporated herein
by this reference.
The Premises are further restricted to areas described in the section 3, Use, including any exhibit
thereto.
USE
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Page 1 of 10
MIL# LX25-005
52
3. The Lessee shall have use of the 2,000 square foot storage building commonly known as
the "Butler Building" located directly behind the Port Orchard Armory for exclusive storage of Police
Department equipment. Due to security requirements, there will be a 25-foot buffer zone around said
building. No other use shall be permitted without prior written approval of the Lessor.
TERM
4. TO HAVE AND TO HOLD the Premises with their appurtenances for the term
beginning April 1, 2025 and ending March 31, 2028. This will be a three (3) year lease.
CONDITION OF PROPERTY
5. Taking possession of the Property by Lessee constitutes acknowledgment by Lessee that
the Property and all of its appurtenances thereto are in good and tenantable condition, in good order and
repair, and in safe condition for the conduct of any activities or enterprises to be conducted on the Property
pursuant to this Lease. Lessee acknowledges that Lessor has made no representations as to the condition
of the Property unless such are expressly set forth in this Lease.
RENT
6. The Lessee shall pay Rent on a monthly basis to Lessor for the Leased Premises as
follows:
Annual Period
Base Rent
Utilities
Total Monthly Amount Due
April 1, 2025 thru March 31, 2026
$1,026.08
$307.82
$1,333.90
April 1, 2026 thru March 31, 2027
$1,056.86
$317.05
$1,373.91
April 1, 2027 thru March 31, 2028
$1,088.57
$326.56
$1,415.13
Payments shall be made payable to the Washington State Treasurer by the 101h day following the
Commencement Date:
Payment shall be sent to---:
ATTN: Serina Roberts
State of Washington, Military Department
Camp Murray, Building 1
State Finance Department
Tacoma, Washington 98430
If applicable, Lessee shall remit to Lessor leasehold excise tax, pursuant to RCW 82.29A, which is 12.84%
of the rental payment. Leasehold excise tax shall be adjusted if there occurs an adjustment in the rental rate
or leasehold excise tax rate. Said tax shall be paid the same time as payment of rent is due.
LATE CHARGE
7
If any payment of rent, or any other sum due to the Lessor, is not received by Lessor by
Port Orchard PD
Page 2 of 10
MIL# LX25-005
53
the due date, a late charge of one percent (1 %) of the rent due and unpaid plus a $25.00 administration fee
shall be added to the amount due and the total sum shall become immediately due and payable to Lessor.
Each additional rental period that the amount due goes unpaid shall be subject to a late charge of one
percent (1%) of the rent due plus an administration fee of $25.00. Also, there shall be a charge of $25.00
for any check returned uncollectible.
MAINTENANCE AND REPAIR
8.A. The Lessee shall be liable for and charged for any damage it, or its agents, employees,
invitees, and guests cause to the Premises during the term of the Lease. Ordinary wear and tear is not
considered damage. The Lessee is responsible for keeping the Premises in as clean or cleaner condition
than existed prior to any use. If debris is left on the Premises, Lessee may be charged for cleaning fees.
Lessor will invoice the Lessee for the reasonable costs of any repairs of damages for which it is liable
and/or cleaning fees, and the Lessee shall pay said invoice within thirty (30) days of receipt.
8.13. The Lessor shall maintain the Premises in good repair and condition during the term of
this Lease; provided Lessee shall be charged for any repair of damages for which it is liable under 8A.
Upon receiving written notice from Lessee of a condition of the property requiring repair, Lessor shall
inspect the area and determine if repair is in fact needed, and if needed, Lessor will endeavor to initiate
and complete cure or repair such condition within a reasonable time, subject to available funding and
priorities as determined in the Lessor's discretion. The Lessor reserves the right at reasonable times to
inspect the Premises.
ASSIGNMENT/SUBLEASE
9. The Lessee shall not assign this Lease nor sublet the Premises, and shall not permit the
use of Premises by anyone other than the Lessee, its agents, employees, invitees, and guests or for any
use other the use provided in section 3, Use, without the prior written consent of the Lessor, which
consent can be withheld for any reason in the Lessor's lawful discretion.
FIXTURES, IMPROVEMENTS AND SIGNS
10. During the term of this Lease, the Lessee is not permitted to attach fixtures, make
improvements, or erect signs without the prior written approval of the Lessor. Unless otherwise agreed in
a written amendment, all fixtures, improvements, signs shall be installed, maintained during the Lease,
and removed upon Lease termination at the Lessee's sole cost and expense. The Lessee shall repair and
restore the premises at its sole costs to as close as feasible to the pre-existing condition after such approval.
If Lessee fails to remove or repair the premises, the Lessor at its option may do so, in which case, the
Lessee shall fully reimburse the Lessor for all Lessor's costs and expenses, including the Lessor's internal
staff time and resources.
If this Lease occurs after a preceding lease with the Lessee terminates or expires, and any
fixtures, improvements, or signs remain that were previously installed by or for the Lessee, unless
specifically provided by amendment otherwise, those fixtures, improvements, and signs shall be considered
the property of the Lessee, and shall be subject to the provisions of this section as if they were installed during the
term of this Lease.
RENEWAL
11. If Lessee desires to seek renewal of the Lease, it shall provide written notice to Lessor
Port Orchard PD Page 3 of 10 MIL# LX25-005
54
of its intention to seek renewal at least sixty (60) days prior to the expiration date of the Lease by registered
or certified mail. The Lessor in its sole discretion will determine whether it desires to enter such a renewal
with the Lessee, and shall endeavor to notify the Lessee of its willingness to negotiate renewal within
thirty days of its receipt of the notice. If Lessor is willing to negotiate a renewal, and if negotiations
between the parties have not resulted in a new Lease agreement before the expiration of this Lease, no
renewal shall occur, unless the Lessor extends this deadline in writing.
TERMINATION, SUSPENSION, AMENDMENT
12. A. It is mutually understood and agreed by and between the Lessor and the Lessee that this
Lease may be terminated by the Lessee on or after the 1 st month of its term, and any month thereafter,
provided that written notice of such cancellation and termination shall have been given at least ninety (90)
days prior to the effective date thereof, in which event rent shall be prorated to the date of termination.
12.B. It is mutually understood and agreed that the Lessor may indefinitely suspend or
terminate this Lease, in its unfettered discretion, with seven (7) day notice when such notice is practicable.
Provided, if the Lessor in its discretion determines that an emergency condition exists, the Lessor may
suspend or terminate the Lease immediately upon notice to the Lessee or notice posted on the Premises.
Upon suspension or termination, the Lessee shall immediately vacate the Premises or by such date as may
be provided in the notice. Lessee shall in no way obstruct or interfere with the Lessor's use of the Premises.
12.C. This Lease may be amended only by a written mutual agreement of the parties, signed
by both parties by person with authority to sign. Such amendment shall not take effect until made in
writing and signed by authorized representatives of the parties.
CONDITION AT END OF LEASE TERM
13. A. Upon cancellation or termination of this Lease, Lessee agrees to vacate the Premises
immediately or by such date as Lessor otherwise provides in writing, and remove at its expense all property
it owns, unless otherwise agreed in writing with the Lessor. The Lessee shall pay the costs of any such
cleaning plus Lessor's administrative expenses to conduct the cleaning with thirty days of receiving an
invoice. If a deposit or credit exists, the Lessor may deduct any outstanding charges from the deposit or
credit.
13.13. Lessee shall be responsible for all reasonable costs, expenses, and attorneys' fees
associated with such termination, including, but not limited to, those costs, expenses, and attorneys' fees
that the Lessor incurs for repair of damage for which Lessee is liable, cleaning for which Lessee is liable,
removal of property of the Lessee and any related repair or restoration of the Premises. The costs of
cleaning include Lessor's administrative expenses to conduct the cleaning.
B.C. In the event Lessee does not remove trade fixtures, personal property and equipment
within thirty (30) days following lease expiration or termination, Lessor may at its election (i) require
Lessee to remove such property at Lessee's sole expense, and Lessee shall be liable for any damage to the
property caused by such removal and the costs of restoration to a condition at least as good as the property
was prior to the placement of such property on the Premises, (ii) treat said items as abandoned, retaining
said properties as part of the Premises; or (iii) have the items removed and stored at Lessee's expense.
Lessee shall reimburse Lessor for any damage caused to the Property by the removal and restoration,
whether removal or restoration is by Lessee or Lessor within 30 days receipt of notification by Lessor.
Port Orchard PD Page 4 of 10 MIL# LX25-005
55
HOLDING OVER
14. If Lessee remains in possession of the Premises after the expiration or termination of the
Lease term, or any extension thereof, the Lessor in its sole discretion may deem such holdover to be a
month -to -month tenancy by providing written notice thereof to the Lessee. In such case, Lessee shall pay
150% of monthly rent provided for in this Lease or such other rent as the parties mutually agree to in
writing and all provisions of this Lease shall apply to the month -to -month tenancy, except those pertaining
to term and option to renew. Lessor may terminate the month -to -month tenancy upon thirty (30) days
advance written notice.
DISASTER
15. In the event the Leased Premises are destroyed or damaged by fire, earthquake or other
casualty so as to render the Premises totally unfit for occupancy, the Lessor or the Lessee may terminate
this Lease. In the event of such termination, Lessee shall be reimbursed for any unearned rent that has
been paid, minus any charges that have not been paid.
NO GUARANTEES
16. It is understood that the Lessor has made no guarantees, express or implied,
representations, promises or statements unless endorsed herein in writing. This Lease shall not be valid
and binding upon the State of Washington unless it has been approved by The Adjutant General of the
Military Department or his or her designee and approved as to form by the Office of the Attorney General.
DISPUTE RESOLUTION
17. In the event that a dispute arises between the parties and it cannot be resolved through
discussion and direct negotiation, either party may request the matter be mediated. If mediation fails to
produce an agreement or the parties agreed to forgo mediation, it shall be submitted to arbitration under
RCW 7.04A. All costs of arbitration shall be equally shared, and each party shall bear its own attorneys'
fees, if any.
HOLD HARMLESS
18. To the fullest extent permitted by law, the Lessee, its successors or assigns expressly
agrees to and shall indemnify, defend and hold harmless the Lessor and its agencies, officials, agents, and
employees, from and against all claims, actions, costs, damages, or expenses of any nature arising out of
or in connection with any acts or activities of Lessee, its employees, agents, guest, or invitees authorized
by this Lease. Lessee's obligation to defend includes payment of any costs or attorneys' fees. Lessee's
obligation shall not include such claims that may be caused by the sole negligence of the Lessor and its
agents and employees. If the claims or damages are caused by or result from the concurrent negligence of
(a) the Lessor, its agents or employees and (b) the Lessee, its agents, employees, invitees, or guests, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Lessee, its
agents, employees, invitees, or guests. The Lessee expressly agrees to waive his/her immunity under Title
51 RCW to the extent required to indemnify, defend, and hold harmless the Lessor and its agents or
employees.
INSURANCE
19. A. Lessee shall, at all times during the term of this Lease and at its sole cost and expense,
Port Orchard PD Page 5 of 10 MIL# LX25-005
56
buy and maintain insurance of the types and amounts listed below, and provide proof of insurance prior
to the beginning of the Lease period. In the absence of such insurance, this Lease shall be deemed void.
Further, Lessee shall promptly notify Lessor of any changes, modifications, or amendments to such
policies. Failure to buy and maintain the required insurance may result in the termination of the Lease at
the Lessor's discretion.
19.13. All insurance and surety bonds should be issued by companies admitted to do business
within the State of Washington and have a rating of A-, Class VII or better in the most recently published
edition of Best's Reports. Any exception shall be reviewed and approved by the Department's Risk
Manager, or the Risk Manager for the State of Washington, before the Lease is accepted. If an insurer is
not admitted, all insurance policies and procedures for issuing the insurance policies must comply with
Chapter 48.15 RCW and 284-15 WAC.
19.C. Lessee shall maintain general liability (CGL) insurance, and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000 per each occurrence. If such CGL insurance
contains aggregate limits, the General Aggregate limit shall be at least twice the "each occurrence" limits.
CGL insurance shall have products -completed operations aggregate limit of at least two times the "each
occurrence" limits.
19.D. CGL insurance shall be written on ISO occurrence form CG 00 01 (or a substitute form
providing equivalent coverage). All insurance shall cover liability arising out of Premises, operations,
independent contracts, products -completed operations, personal injury and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in a business contract),
and contain separation on insured (cross liability) condition. All policies required under this paragraph
shall include and maintain the following provisions and the Lessor shall be provided written notice before
cancellation or non -renewal of any insurance referred to therein, in accord with the following
specifications:
• Lessee is subject to 48.18 RCW (Admitted and Regulated by the Insurance
Commissioner): The insurer shall give the State 45 days advance notice of cancellation
or non -renewal. If cancellation is due to non-payment of premium, the Lessor shall be
given ten (10) days advance notice of cancellation.
• Lessee is subject to 48.15 RCW (Surplus lines): The Lessor shall be given twenty (20)
days advance notice of cancellation. If cancellation is due to non-payment of premium,
the Lessor shall be given ten (10) days advance notice of cancellation.
• The Lessor, its elected and appointed officials, agents and employees shall be named as
an additional insured on all general liability, excess, umbrella and property insurance
policies.
• The Insurance certificate must include Military Lease Number, Readiness Center
Location and endorsements.
• All insurance provided in compliance with this Lease shall be primary as to any other
insurance or self-insurance programs afforded to or maintained by Lessor.
• By requiring insurance herein, Lessor does not represent that coverage and limits will be
adequate to protect Lessee; and such coverage and limits shall not limit Lessee's liability
under the indemnities and reimbursements granted to Lessor in this Lease.
Port Orchard PD Page 6 of 10 MIL# LX25-005
57
HAZARDOUS SUBSTANCES
20. Lessee shall not keep on or about the Premises, for use, disposal, treatment, generation,
storage or sale any substances which are hazardous, toxic, harmful or dangerous, and/or which are subject
to regulation as hazardous or toxic, dangerous, or as a pollutant by any federal, state, or local law,
regulation, statute, or ordinance (collectively referred to herein as "hazardous substances"). Lessee shall
be fully liable to the Lessor, and shall, to the extent permitted by law, indemnify, defend and save harmless
the Lessor and its officials and employees, with respect to any and all damages, costs, fees (including
attorneys' fees and costs), civil and criminal penalties, or clean-up costs assessed against or imposed as a
result of Lessee's use, disposal, generation, storage, or sale of hazardous substances or that of Lessee's
employees, agents, or invitees.
NON-DISCRIMINATION
21. The Lessee shall not discriminate against any person or persons or exclude them from
participation in the Lessees operations, programs or activities conducted on the Leased Premises, because
of race, creed, color, national origin, sexual orientation (including gender identity and gender expressions),
sex, honorably discharged veteran or military status, status as a mother breastfeeding her child, the
presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal
by a person with a disability, or national origin. The Lessee will comply with the Americans with the
Disabilities Act of 1990 (42 U.S.A., 12101-12213 and the Washington State Law against discrimination,
chapter 49.60 RCW, as well as the regulations adopted thereunder, and attendant Americans with
Disabilities Act Accessibility Guideline (ADAAG) published by the Architectural and Transportation
Barriers Compliance Board.
PREMISES
22. Lessor and Lessee have conducted a walk-through inspection of the Premises. It is
understood and agreed that the Lessee accepts the Premises in their present condition and accepts all risk
of injury to persons or damage to property resulting from, or arising out of, the condition of the Premises.
This acceptance includes knowledge that the Premises may not meet the requirements set forth in the
Americans with Disabilities Act (ADA). Lessee agrees to hold Lessor harmless from
any liability or claims due to the Lessee's failure to comply with comply with ADA, if the Lessee
has a duty to comply the ADA or an ADA requirement arises from the Lessee's use of the Premises.
ADDITIONAL LEASE PROVISIONS
23. A. Alcoholic beverages and the sale and consumption of alcoholic beverages are prohibited
in or on property owned by the Lessor. No smoking shall be allowed on the Premises.
23.13. All signs installed on the exterior of the Premises and/or doors and windows of the
Premises shall be subject to the prior written approval of the Lessor, which, in the absolute discretion of
Lessor, may be approved in whole or in part, or withheld for any reason without explanation.
23.C. Lessee agrees that areas not specifically authorized for their use under the terms of this
Lease are not authorized for the use or entry of Lessee, its employees, agents, guests, and invitees, and
that entry into such unauthorized areas may be grounds for termination of this Lease.
23.D. Lessee agrees to not use this property for commercial and political activities. Lessor's
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58
buildings may not be used for political purposes, nor will they be rented to a political organization or an
affiliate thereof except the local government agencies for use as a polling place. Buildings will not be
rented to profit making organizations unless the profits are generated for some public or beneficial use.
Profit making organizations or civic groups may use Lessor's buildings when the primary purpose of the
event is a fundraiser in the public interest. The facility will not be used for activities detrimental to the
interest of the US Government, the State of Washington, the National Guard or its members.
23.E. Lessee acknowledges the Lessee shall be solely responsible for the personal security and
protection of its employees, agents, customers, invitees, children, parents participating in Lessee's
activities, and spectators or visitors associated with Lessee's activities, including but not limited to
personal injury, and property damage, including damage to personal property. Lessee shall be responsible
for instituting adequate security measures to accomplish such security and protection. Lessee's obligations
encompass the Leased area. Any security devices to be installed at the Premises require the prior written
consent of Lessor and shall be in conformance with Lessor's criteria, if any. Lessee agrees to save Lessor,
its agents and employees harmless from any and all liability due to any personal injury, or property damage
or loss in any way related to Lessee's security measures.
23Y. In the event of a Local, State or National emergence where the occupation of the lessee
is detrimental to success of the operation, the lessee will suspend operations, and an amendment will
document the adjustments of the lease cost.
CONDEMNATION CLAUSE
24. If all the Premises or such portions of the Premises, as may be required for the reasonable
use of the Premises, are taken by eminent domain, this Lease shall automatically terminate as of the date
Lessee is required to vacate the Premises and all rentals shall be paid to that date. In case of a taking of a
part of the Premises, or a portion not required for the reasonable use of the premises, then the Lease shall
continue in full force and effect and the rental shall be equitably reduced based on the proportion by which
the floor area of the Premises is reduced, such rent reduction to be effective as of the date possession of
such portion is delivered to the condemning authority. Lessor reserves all rights to damages and awards
in connection therewith, except Lessee shall have the right to claim any relocation benefits.
NOTICES
25. Wherever in this Lease written notices are to be given or made, they will be sent by
certified mail to the address listed below unless a different address shall be designated in writing and
delivered to the other party.
LESSOR: State of Washington Military Real Property Office
Camp Murray, Building 36
Tacoma, WA 98430-5013
harold.ehrlich(kmil.wa. gov
253-512-8265
LESSEE: City of Port Orchard
Attn: Chief Brown
546 Bay St., Port Orchard, WA 98366
Port Orchard PD Page 8 of 10 MIL# LX25-005
59
mbroun&cityofportorchard.us
360-876-1700 Office
206-284-8510 Fax
CAPTIONS
26. The captions and paragraph headings hereof are inserted for convenience
27. purposes only and shall not be deemed to limit or expand the meaning of any paragraph.
GOVERNING LAW/VENUE
28. This Lease is to be governed by and construed in accordance with the laws of the State
of Washington. Venue of any action between parties relating to this Lease will be in Pierce County,
Washington.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names.
CITY OF PORT ORCHARD STATE OF WASHINGTON
PORT ORCHARD POLICE DEPARTMENT MILITARY DEPARTMENT
(signature)
Print Name: Rob Putaansuu
Title: Mayor of Port Orchard
Date:
(signature)
Print Name: Maj. Gen. Gent Welsh
Title: The Adjutant General
Date:
BOILERPLATE APPROVED AS TO FORM
Alex Straub (signature on file 11/7/2024)
Assistant Attorney General
Port Orchard PD
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MIL# LX25-005
60
State of
ss.
County of _ )
On this day of 120
before me personally appeared Rob Putaansuu to me known to be the Mayor of the City of Port
Orchard that executed the within and foregoing instrument and acknowledged the said instrument
to be the free and voluntary act and deed of said agency, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute said instrument..
State of
ss.
County of _ )
On this
Notary Public in and for the State of Washington,
Residing at
My commission expires
day of ,20
before me personally appeared Mai. Gen. Gent Welsh to me known to be the Adjutant General of
the Washington State Military Department that executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said agency, 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.
Notary Public in and for the State of Washington,
Residing at
My commission expires
Port Orchard PD Page 10 of 10 MIL# LX25-005
61
Meeting Location:
Contact us:
Council Chambers
Phone (360) 876-4407
216 Prospect Street
cityhall@portorchardwa.gov
�O' W
Port Orchard, WA 98366
www.portorchardwa.gov
ORCHARD
City Council
Minutes
Work Study Session of Tuesday, February 18, 2025
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, Councilmember, Position No. 6
Scott Diener, Mayor Pro-Tempore, Position No. 3
Jay Rosapepe, Councilmember, Position No. 2
Mark Trenary, Councilmember, Position No. 1
Staff present: Community Development Director Bond and Deputy City Clerk Floyd.
Staff present via Zoom: Public Works Director Ryan and City Clerk Wallace.
The meeting streamed live on YouTube. Audio/Visual was successful.
1. CALL TO ORDER
A. Pledge of Allegiance
Mayor Putaansuu led the Council and audience in the Pledge of Allegiance.
2. DISCUSSION ITEMS
A. Kitsap County Block Grant Program
Joel Warren, Shannon Bauman, and Bonnie Tufts with Kitsap County Department of Human
Services provided a presentation, 'Kitsap County Block Grant Program 2026-2030
Consolidated Plan' which included What Funds are Involved, Annual Grant Funding Cycle,
Consolidated Plan Links, What is the Consolidated Plan, Consolidated Plan Key Components,
Consolidated Plan Timeline 2025, Community Outreach & Input, Survey & Integration, and
Port Orchard Projects.
February 18, 2025, City Council Work Study Meeting Minutes 62
Page 1 of 3
Additional discussion included the coordinated grant application process, City appointments
on the Grant Recommendation Committees, how dollar amounts are allocated to the County,
federal funding, and the Community Events Center.
B. Park Impact Fee Rate Structure and Amendments to POMC 20.182 Impact Fees
Community Development Director Bond explained in 2023, legislation passed two bills
dealing with impact fees. One bill, SB 5258, set out that by June 30, 2025, requires that
impact fees reflect the proportionate impact of new housing units based on square footage,
number of bedrooms, or trips generated. Transportation impact fees are the only type of
impact fees that generates trips, so for parks, it would be square footage and number of
bedrooms.
The second bill [SB 1337] incentivizes the creation of accessory dwelling units [ADU]. We are
working through the land use aspects through a separate ordinance. One of the provisions of
this bill states the city or the county cannot assess impact fees on the construction of an ADU
if it is greater than 50% of the impact fee that would be imposed on the principal unit.
The proposal addresses both the rate structures as well as creating a safety valve to make
sure we don't overcharge relative to what the law allows on accessory dwelling units.
Additionally, he provided a presentation 'Park Impact Fee Rate Structure' which included the
Park Impact Fee Rate Schedule -March 1, 2025, Option 1: Per Square Footage Rate, Option 1:
Per Square Footage Rate Alternatives, Option 1 Per Square Footage Rate Examples, Option 1:
Per Square Footage Rate Alternative 2 Recommended, Option 2: Per Bedroom Rate, Option
2: Per Bedroom Rate Alternatives, Option 2: Per Bedroom Rate Examples, Option 2: Per
Bedroom Rate Alternative 2 Recommended, Considerations, and Staff Recommendations.
Councilmember Diener joined the meeting at 7:02 p.m.
Community Development Director Bond noted his recommendation is to use the 4 year
average in the per bedroom approach which would mean a park impact fee of $616.73 per
bedroom.
To address the ADU requirement, staff recommended code changes to Port Orchard
Municipal Code 20.182.075.
After discussion, Council would like to move forward with staff's recommendations. There
is a public hearing scheduled for March 11, 2025, during the regular City Council meeting
with possible adoption after the hearing.
3. GOOD OF THE ORDER
Mayor Putaansuu spoke about the annual conference for AWC [Association of Washington
Cities], Marina Pump Station generator, Saint's Car show, and Farmer's Market membership.
Community Development Director Bond said they will be doing outreach at the Farmer's
Market regarding the ADA pre -approved plan.
February 18, 2025, City Council Work Study Meeting Minutes 63
Page 2 of 3
Brief discussions were held regarding outreach topics for the Farmer's Market, project on Mill Hill,
and the Gorst Transportation Plan.
4. ADJOURNMENT
The meeting adjourned at 7:47 p.m.
Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor
February 18, 2025, City Council Work Study Meeting Minutes 64
Page 3 of 3
0�4 City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Public Hearing: An ordinance adopting a new section 20.182.075 to the Port Orchard Municipal Code,
adding a new definition for Bedroom to POMC 20.184.010, and adjusting the park impact fee schedule
(Bond)
Meeting Date: March 11, 2025
Prepared By: Nick Bond, AICP, Community Development Director
Presenter: Nick Bond, AICP, Community Development Director
Summary and Background: In 2023, the State Legislature passed two bills addressing housing that
require changes to the City's Park Impact Fee rate structure and to the municipal code. One bill, SB
5258 includes a provision codified in RCW 82.02.060 (1) that requires that impact fees reflect the
proportionate impact of new housing units based on square footage, number of bedrooms, or trips
generated. The other new law that was passed was part of HB 1337 concerning Accessory Dwelling
Units (ADUs). This bill requires that cities may not charge impact fees on the construction of new ADUs
that is greater than 50% of the impact fees that are/would be imposed on the principal unit.
The City's Department of Community Development prepared an analysis of the alternative methods
available under the law and provided proposed language creating POMC 20.182.075 and adding a new
definition to POMC 20.184.010 to address the recommended method as well as to ensure that fees
assessed against ADUs comply with the law. The alternatives were reviewed by the City Council at the
February 18, 2024 work study meeting at which time the City Council asked that an ordinance utilizing
the per bedroom approach be brought forward for consideration. As written, the ordinance would set
the park impact fee at $1,616.73 per bedroom as recommended in the department's analysis. The
proposed ordinance would take effect 5-days after publication as is standard practice, but the new fee
rate won't take effect until July 1, 2025 to allow the Department of Community Development time to
update it's forms, permitting system, website, and other materials. The rate study and fee alternatives
comparison is attached to this staff report for reference.
Relationship to Comprenhensive Plan: Park Impact Fees are authorized under the Growth
Management Act and are discussed in the City's Comprehensive Plan. The Parks, Recreation, and Open
Space (PROS) Plan is adopted by reference to the Comprehensive Plan and includes a project list and
funding plan that utilizes park impact fees to pay for parks capacity projects and PROS plan
implementation.
Recommendation: Staff recommends that the City Council hold a public hearing on the proposed
ordinance.
65
Motion for Consideration: N/A
Has item been presented to Committee/Work Study? If so, which one: Work Study
Fiscal Impact: Implementation of the City's Comprehensive Plan and Parks, Recreation, and Open
Space Plan are dependent on the collection of park impact fees. The proposed ordinance is designed
to ensure that revenues come in at the same levels as intended through the previous rate schedule.
Under this new framework, housing units with more bedrooms than average would pay slightly more
while units with fewer bedrooms would pay less. Total revenue is not expected to change.
Alternatives: The attached rate alternatives memo includes alternatives for consideration.
Attachments:
01 Impact Fee Ordinance 2-14-2025 rev2.docx
02 Parks Impact Fee Rate Memo Square Footage Vs Number of Bedrooms.pdf
03 Port Orchard PIF Comparison Spreadsheet.pdf
ORDINANCE NO. XXX-25
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO IMPACT FEES, ADOPTING NEW SECTION 20.182.075
OF THE PORT ORCHARD MUNICIPAL CODE (POMC); AMENDING
POMC 20.184.010 TO ADD DEFINITION FOR BEDROOM;
ADOPTING A NEW PARK IMPACT FEE SCHEDULE AND REPEALING
THE PRIOR PARK IMPACT FEE SCHEDULE ADOPTED AS EXHIBIT A
TO ORDINANCE NO. 013-22; PROVIDING FOR SEVERABILITY AND
CORRECTION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the State of Washington Growth Management Act, Chapter 36.70A RCW
and related sections ("GMA") requires the City to adopt a Comprehensive Plan that provides
adequate public facilities to serve development; and
WHEREAS, counties, cities, and towns that are required or choose to plan under RCW
36.70A.040 are authorized to impose impact fees on development activity as part of the
financing for public facilities, provided that the financing or system improvements to serve
new development must provide for a balance between impact fees and other sources of
public funds and cannot rely solely on impact fees; and
WHEREAS, RCW 82.02.050 -.110 and WAC 365-196-850 authorize counties, cities, and
towns planning under the Growth Management Act (GMA) to impose impact fees for public
streets and roads, publicly owned parks, open space, and recreation facilities, and school
facilities, and fire protection facilities; and
WHEREAS, the City of Port Orchard has adopted transportation, school, and park
impact fees, as codified in subsection 20.182.060 of the Port Orchard Municipal Code (POMC)
and Appendices A-C in Exhibit 1 of Ordinance 019-17, as amended by Ordinance 007-21 and
013-22; and
WHEREAS, the Washington Legislature passed numerous bills related to housing
affordability in 2023 including, but not limited to, SB 5258 and HB 1337; and
WHEREAS, SB 5258 includes a requirement codified in RCW 82.02.060 that impact fee
schedules reflect the proportionate impact of new housing units, including multifamily and
condominium units, based on the square footage, number of bedrooms, or trips generated,
in or by the housing unit in order to produce a proportionally lower impact fee for smaller
housing units; and
WHEREAS, Port Orchard's current park impact fee schedule assesses park impact fees
based on housing types (derived from averages of persons per household by housing type), a
method that will cease to be permissible under state law after June 30, 2025; and
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Ordinance No. OXX
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WHEREAS, the City's Director of Community Development undertook a study of the
City's existing park impact fee rate structure and the 2022 study which was the basis of the
park impact fee rate schedule to provide recommendations on revisions to the fee schedule
required to comply with RCW 82.02.060 and presented it to the City Council on February 18,
2025; and
WHEREAS, this study compared alternatives for a park impact fee rate schedule
comparing a per square foot rate structure to a per bedroom rate structure; and
WHEREAS, HB 1337 includes a requirement as codified in RCW 36.70A.681 that cities
may not assess impact fees on the construction of accessory dwelling units that are greater
than 50 percent of the impact fees that would be imposed on the principal unit; and
WHEREAS, the City has prepared additional code language under POMC 20.182.075
that ensures that the City is compliant with RCW 36.70A.681 by allowing a reduction in impact
fee assessments if the City's fee schedule were to result in an impact fee amount where the
accessory dwelling unit would be required to pay fee that is more than 50% of the fee
assessed (or that would have been assessed) to the principal unit; and
WHEREAS, on February 18, 2025, the City Council reviewed the alternatives found in
the Park Impact Fee Rate Study recommended to achieve compliance with RCW 82.02.060
and the proposed code language prepared by staff to achieve compliance with RCW
36.70A.681; and
WHEREAS, Council requested that staff prepare an ordinance for consideration to
include a new park impact fee rate study that utilized the "per bedroom" approach and would
set a park impact fee rate at $1,616.73 per bedroom, and adopt the proposed code language
to ensure that ADUs would not pay impact fees that are greater than 50 percent of the impact
fees that would be imposed on the principal unit, and that a public hearing be scheduled for
March 11, 2025 to take testimony on the proposed rate structure; and
WHEREAS, the City Council finds that the "per bedroom" approach most accurately
reflects the likely impact of development on the City's park system because it is most closely
associated with the number of residents likely to be living in a housing unit; and
WHEREAS, the proposed fee of $1,616.73 per bedroom is derived from a 4-year
average for the number of bedrooms found in a new homes in Port Orchard and reflects
trends that are expected to continue based on development in the pipeline; and
WHEREAS, the per bedroom approach is easier to administer and verify compared to
the alternative square footage approach considered; and
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Ordinance No. OXX
Page 3 of 8
WHEREAS, The City Council intends to review a future proposal from the South Kitsap
School District to revise the school impact fee in compliance with these new statutes at a
future date prior to the deadline for compliance; and
WHEREAS, the City Council finds that the City's transportation impact fee rate
schedule is compliant with RCW 82.02.060 because transportation impact fees are based on
trips generated, one of the three approved methods under law; and
WHEREAS, a properly noticed public hearing on this Ordinance was conducted on
March 11, 2025; and
WHEREAS, on March 11, 2025, at its regular meeting and after conducting a public
hearing, the City Council considered the updated parks impact fee schedule and revised code
language, and public testimony; and
WHEREAS, in 2022, by Ordinance No. 013-22, the City Council adopted a new fee
schedule for Park Impact Fees as Exhibit A thereto, and desires to update that schedule
consistent with this legislation; and
WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, a notice of
intent to adopt the proposed new development regulations was sent to the State of
Washington Department of Commerce and to other state agencies to allow for an expedited
15-day review and comment period, which comment period ended prior to adoption of this
ordinance; and
WHEREAS, this Ordinance is exempt from the requirements of the State
Environmental Policy Act (SEPA), Chapter 43.21C RCW, and the City's environmental
regulations, Chapter 20.160 POMC; and
WHEREAS, the City Council finds that the amendments herein are consistent with
goals and policies of the City's Comprehensive Plan and related regulations, and serve the
public health, safety, and general welfare of the citizens of Port Orchard; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts the "Whereas" sections of this ordinance as findings
in support of this ordinance.
SECTION 2. Port Orchard Municipal Code Section 20.184.010 is amended in part to add
a new definition as follows (amendment shown in legislative marks):
POMC 20.184.010 Definitions.
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Ordinance No. OXX
Page 4of8
"Approving authority" means the city employee, agency or official having the authority
to issue the approval or permit for the development activity involved.
"Bedroom" means any room or space used or intended to be used for sleeping purposes
in either a dwelling unit or a sleeping unit. A bedroom has a minimum size of 70 square feet
with a minimum dimension of seven feet in any plan dimension. Rooms intended as studies,
nooks, dens, home offices, walk-in closets, and similar functions shall not be counted as
bedrooms for the purpose of calculating impact fees. Housing units with zero bedrooms — also
known as studio units — shall be treated as a 1-bedroom unit for the purpose of this chapter.
"Capacity" means the ability of a public facility to accommodate users, expressed in an
appropriate unit of measure, such as average daily trip ends, or "peak p.m. trips," or school
facility within the LOS standards for the facility, or fire flow, or sewer treatment plant capacity.
SECTION 3. A new Section 20.182.075 of the Port Orchard Municipal Code is hereby
adopted to read as follows:
20.182.075 Accessory Dwelling Unit Impact Fee Calculations
(1) Accessory dwelling units shall be charged impact fees in accordance with the
schedules adopted in POMC 20.182.070 (1), except that pursuant to RCW 36.70A.681 (1)
(a), the City may not assess impact fees on the construction of accessory dwelling units
that are greater than 50 percent of the impact fees that would be imposed on the
principal unit. If the impact fee resulting from the use of the rates established in POMC
20.182.070 (1) result in an impact fee on an accessory dwelling unit that is in excess of
50% of the fee that would be imposed on the principal unit, then the City shall reduce
the amount of impact fee owed on the accessory dwelling unit to 50% of the amount
that would be owed on the principal dwelling were it to be constructed at the current
rate.
(2) Applicants seeking approval for the construction or creation of (an) accessory
dwelling unit(s) shall provide the following information with their application for the
construction or creation of (an) accessory dwelling unit(s):
(a) The estimated trip generation pursuant to the currently adopted version of
the ITE manual for both the accessory dwelling unit and the principal dwelling unit on
the site.
(b) The number of bedrooms in the proposed accessory dwelling unit and the
principal dwelling unit on the site. If the principal unit is existing, this shall be the
number of bedrooms as reported by the Kitsap County Assessor's office for the existing
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Ordinance No. OXX
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structure. If the principal unit (either new or modified) is being proposed concurrent
with the accessory dwelling unit(s), then the proposed number of bedrooms for the
principal unit shall be provided consistent with the submitted plans for the principal
dwelling.
(c) The total finished square footage in the proposed accessory dwelling unit and
the principal dwelling unit on the site. If the principal unit is existing, this shall be the
finished square footage as reported by the Kitsap County Assessor's office for the
existing structure. If the principal unit (either new or modified) is being proposed
concurrent with the accessory dwelling unit(s), then the proposed square footage for
the principal unit shall be provided consistent with the submitted plans for the principal
dwelling.
(3) An applicant for the construction or creation of an accessory dwelling unit may
request a variation from the impact fee schedule in accordance with POMC 20.182.090.
(4) Unless a variation to the impact fee schedule is granted in accordance with POMC
20.182.090, the City shall determine the amount of impact fees owed for the creation or
construction of accessory dwelling units based on the information supplied by the
applicant pursuant to section (2). This information shall be verified by the city by
reviewing the currently adopted ITE trip generation estimates for the proposed uses,
the number of bedrooms and/or square footage either reported by the Kitsap County
Assessor or as shown on plans for the accessory dwelling unit and principal structure.
Where inconsistencies are found between the applicant -supplied information and the
ITE manual or Kitsap County Assessor records, the application shall be returned to the
applicant for correction. Required corrective action may include, but is not limited to,
the following:
(a) Correcting the supplied information to match County Assessor Records or
submitted construction plans; and/or
(b) Requesting amendment to property records or appealing assessments to the
Kitsap County Assessor office; and/or
(c) Submitting an impact fee variation request in accordance with POMC
20.182.090.
(5) The conversion of an ADU to a principal unit or the enlargement of a principal unit
shall be considered new development subject to impact fee charges which may apply.
SECTION 4. Repealer. The City Council herein repeals Exhibit A to Ordinance No. 013-22,
the City's previously adopted Park Impact Fee Schedule, and all previous iterations of the Park
Impact Fee Schedule adopted prior to the enactment of Ordinance No. 13-22.
SECTION 5. Adoption of Parks Impact Fee Schedule. In accordance with POMC
20.182.060, the City Council hereby adopts a new Parks Impact Fee Schedule which is attached
to this Ordinance as Exhibit A and incorporated herein by this reference as if set forth in full. This
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Ordinance No. OXX
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parks impact fee schedule shall become effective on the effective date established in Section 11
below and shall replace and supersede any previously adopted parks impact fee schedule. No
other Impact Fee Schedules (transportation or school district) are modified by this Ordinance.
SECTION 6. Section 5 of this Ordinance is deemed of special effect and shall not be
codified.
SECTION 7. Effective Date of New Park Impact Fee Schedule. The Park Impact Fee
Schedule which is adopted pursuant to Section 4 of this Ordinance shall take effect and be in full
force and effect on 12:01 AM on July 1, 2025.
SECTION 8. Savings Clause. The Parks Impact Fee Schedule which is repealed and
replaced by this ordinance shall remain in force and effect as set out prior to this ordinance until
the effective date set out in Section 7 hereof. Such repealer shall not be construed as affecting
any existing right acquired under the laws repealed, nor as affecting any proceeding instituted
thereunder, nor any rule, regulation or order promulgated thereunder.
SECTION 9. 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 10. 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 11. Effective Date. This ordinance shall be posted and published as required by
law and shall be effective and in full force five (5) days following publication. A summary of this
ordinance may be published in lieu of publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this _ day of 12025.
Robert Putaansuu, Mayor
ATTEST:
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Ordinance No. OXX
Page 7 of 8
Brandy Wallace, CIVIC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
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Ordinance No. OXX
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Exhibit A
City of Port Orchard
Park Impact Fee Rate
Park Impact Fee Per Bedroom: $1,616.73*
*Pursuant to POMC 20.182.060 (4), the Park Impact Fee Rate shall be subject to a CPI-U
increase on March I annually. This rate is valid through February 28, 2026. A new rate will be
published by the Department of Community Development once CPI-U information becomes
available in early 2026 and annually thereafter.
11000329.1- 366922 - 0001
74
CITY OF PORT ORCHARD
!AY o1
Department of Community Development
r. nur 216 Prospect Street
Port Orchard, WA 98366
Memorandum
To: The City Council
From: Nicholas Bond, AICP
Date: February 11, 2025
Re: Park Impact Fee Rate — Compliance with RCW 82.02.060 (1)
Background: In 2022, the City of Port Orchard completed its most recent update to the
Parks, Recreation, and Open Space (PROS) Plan in 2022. The 2022 PROS Plan included a
rate study for the City's Park Impact Fee charged on new residential development. The Parks
Impact Fee was adopted by the City Council via Ordinance 013-22 and included an annual
CPI adjustment that was to take effect annually on March 1 thereafter.
Since adoption, the Washington Legislature passed SB 5258 and imposed new requirements
concerning the assessment of impact fees. This new law, adopted to "expand housing options
by easing barriers to the construction and use of accessory dwelling units," requires local
jurisdictions that utilize impact fees to adopt a rate structure that charges proportionately lower
impact fees for smaller housing units based on square footage, number of bedrooms, or trips
generated (with the third approach applying only to transportation impact fees). Compliance
with the new law is required within six months of adoption of the required periodic update to
the comprehensive plan. In Port Orchard's case, this means that a new rate structure must
be adopted by July 1, 2025, as Port Orchard's periodic update was adopted prior to the
deadline of December 31, 2024.
In 2023 the legislature also passed HB 1337, also designed to encourage the allowance of
Accessory Dwelling Units (ADUs) as a housing option. This law established new requirements
for ADUs, including a rule that cities may not charge impact fees on the construction of new
ADUs that is greater than 50% of the impact fees that are/would be imposed on the principal
unit.
At Issue: Port Orchard's existing rate structure, adopted prior to the adoption of these new
laws, was largely developed consistent with the spirit of SB 5258 and HB 1337 by assessing
lower fees for building types that typically contain fewer Persons Per Household (PPH) when
compared to a single-family house. The rate study that led to the existing rate structure
calculated a cost per person for the city to maintain its Existing Level of Service (ELOS)
standards, based on the City's projected population growth. The rate study determined the
cost per person to maintain ELOS strategy using the Office of Financial Management PPH
data to proportionately assess a rate charged on each housing type, including detached
houses, duplexes, manufactured homes, 3- and 4-plexes, apartments, and ADUs. The
current fee schedule in effect from March 1, 2025 through February 28, 2026, is provided as
Figure 1. A table showing April 1, 2022, PPH data is shown as Figure 2.
Page 1 of 7
10972168.1 - 366922 - 0001
75
Figure 1. The Current Parks Impact Fee Schedule March 1, 2025 through February 28, 2026.
Park Impact Fees
Single Family Residence
$6,482.92
Duplex (Each Unit)
$4,679.51
Tri- or Four-plex (Each Unit)
$4,588.63
Multi-plex (5 or more units, Each Unit)
$4,565.90
ADU (Accessory Dwelling Unit)
$2,282.96
New Manufactured Home
$5,410.21
Figure 2. April 1, 2022 Office of Financial Management Persons Per Household Data used
to create the Port Orchard Parks Impact Fee schedule for non -single family residences.'
1-Unit
2-Unit
3- & 4-Unit
5 or more
Manufactured
units
Homes
Persons Per
2.841564
2.058219
2.012658
2.004415
2.370629
Household
Proposals for Action - Rate Structure Alternatives: To comply with SB 5258, the City must
decide whether to assess future park impact fees based either on (1) the square footage of a
residential unit or (3) the number of bedrooms in a unit. The City has collected and maintained
square footage data on residential construction since 2004 and data on the number of
bedrooms in new homes since 2015. This data was used to convert the City's current fee
structure into anew fee structure that complies with state law.2 Staff seeks direction on which
approach the City Council would prefer between options (1) and (2). Staff's recommendation
is option 2, as described below.
• Option (1) - Square Footage Alternative: The first option permitted under SB 5258
is to calculate the rate based on the average square footage of a residential unit. By
calculating the average square footage of new homes constructed over a range of years, the
City can take the existing park impact fee rate that is based on the average persons per
household numbers for Port Orchard and instead divide that fee by the average square
footage for that range of years. Within option (1), Staff has identified five alternative per
square foot park impact fee ranges with corresponding rates that are supported by the data
and that the City Council could choose to implement under the square footage alternative.
Staffs recommendation is Alternative 2, as explained below.
' It should be noted that OFM does not provide a persons per household estimate for
ADUs. Consistent with best practices, the City, in conjunction with its expert
consultant for the rate study, based the calculation for ADUs on an assumption of 1
PPH.
2 This memorandum and supporting calculations were prepared by Community
Development Director Nicholas Bond, AICP, a credential land use planning expert,
utilizing data compiled by Beckwith Consulting Group in conjunction with the 2022
PROS Plan and associated impact fee study.
2
10972168.1 - 366922 - 0001
76
These are the five alternative ranges3:
Alternative 1: 2-year average new home size.
Alternative 2: 4-year average new home size.
Alternative 3: 6-year average new home size.
Alternative 4: 10-year average new home size.
Alternative 5: 21-year average new home size (max range of data).
When considering these five alternatives, trends in home size were evaluated and key
observations were made. First, a major shift in average house square footage began in 2017.
City staff attributes this to two events. First, construction in McCormick Woods resumed after
the sale of this property to McCormick Communities. Prior to annexation in 2009 and through
the years following the Great Recession (2007-2010), activity in McCormick Woods West, and
North was on hold. Second, the homes in this part of Port Orchard are much larger than
average and skew the average house size data. As there are more than 2,000 remaining
homes to build in this part of the city, staff recommends that data prior to 2017 be discarded
as it does not reflect the likely scale of development planned in future years. Third, data
indicates that the Covid-19 global pandemic and the shift to telework has likely skewed new
housing sizes beginning in 2020. While a return to the office shift has begun, some
teleworking is likely here to stay. This shift in where residents work (and thus the size/use of
residential structures for non-residential purposes) is another reason to discard this older data.
Finally, the global pandemic also resulted in inflation, with associated skyrocketing
construction costs and increasing interest rates. These factors likely also contribute to the
recent downward trend in house size, though house size still well above pre-2017 levels. Due
to these four factors, staff recommends that only Alternative ranges 1, 2, and 3 are utilized.
Figure 3. Average detached house size 2004-2024 including garages.
Average Square Footage by Year
4000
3500
3000
2500
2000
1500
1000
500
0
,ct Ln l0 I, 00 cn O r-i N M -zt In LD n 00 0) O i 4 N M
0 0 0 0 0 0-1 -1 -1 -1 -1 -1 -1 -1 -1 ci N N N N N
O O O O O O O O O O O O O O O O O O O O O
N N N N N N N N N N N N N N N N N N N N N
3 One variable that was considered is that the City's square footage data is inclusive of
uninhabited garages which can vary in size. In the absence of permitting data for garage
square footage, staff has deducted 500 square feet from all homes for an assumed 2+ car
garage, based on the average size for an attached garage constructed with a detached home.
3
10972168.1 - 366922 - 0001
77
By applying the average new house square footage for Alternatives 1, 2, and 3, sans an
assumed 500 square feet for an estimated average size attached garage, the per square
footages rates can be established for each alternative by dividing the average square
footage by the current single family park impact fee rate, $6,482.92.
Alternative 1: 2-year average new home size excluding garage — 2,566 square feet:
$2.53 Per Square Foot
Alternative 2: 4-year average new home size excluding garage — 2,608 square feet:
$2.49 Per Square Foot
Alternative 3: 6-year average new home size excluding garage — 2,643 square feet:
$2.45 Per Square Foot
Based on the compiled data and analysis outlined above, Staff recommends that if the
Council chooses Option (1), Alternative range 2 be utilized.
• Option (2) - Bedrooms Alternative. The second option endorsed by the legislature
is to utilize the average number of bedrooms. By calculating the average number of
bedrooms constructed in new homes over a range of years, the City can use the existing
park impact fee rate that is based on the average persons per household numbers for Port
Orchard and instead divide that fee by the average number of bedrooms for that range of
years. Staff has identified four alternative ranges and associated calculated park impact fee
rates that are supported by the data and could be implemented under the per bedroom
alternative. Staff's recommendation is Alternative 2, as explained below.
Staff identified four ranges of years for this option 4, as follows:
Alternative 1: 2-year average number of bedrooms.
Alternative 2: 4-year average number of bedrooms.
Alternative 3: 6-year average number of bedrooms.
Alternative 4: 10-year average number of bedrooms.
Similar to the changes seen in square footage over time, there have been some change in
the average number of bedrooms constructed in new houses in Port Orchard. However, there
was less increase from the renewal of construction activity at McCormick Woods, West, and
North in 2017, while there was a slight increase for the Covid-19 pandemic when extra
bedrooms were sought for home office use. The average number of bedrooms has declined
slightly from the 2022 peak. Figure 4 shows that change in average bedroom size since 2015.
4 A fifth alternative, a 21-year average number of bedrooms, going back as far as the square
footage alternative presented in the previous section, was not available due to a lack of
data. Additionally, in contrast to the square footage alternative, deductions for uninhabited
square footage (garages, etc.) is not needed when using the rate per bedroom approach.
2
10972168.1 - 366922 - 0001
78
Figure 4. Change in average number of bedrooms in new homes from 2015-2024.
4.5
4.0
3.5
3.0
2.5
2.0
1.5
1.0
0.5
0.0
# of Bedrooms
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
By applying the average new house bedroom quantities for Alternatives 1, 2, 3, and 4, per
bedroom rates can be established for each alternative by dividing the average number of
bedrooms for a range of years by the current single family park impact fee rate, $6,482.92.
Alternative 1: 2-year average number of bedrooms — 3.9:
$1,673.46 Per Bedroom
Alternative 2: 4-year average number of bedrooms — 4:
$1,616.73 Per Bedroom
Alternative 3: 6-year average number of bedrooms — 3.8:
$1,720.88 Per Bedroom
Alternative 4: 10-year average number of bedrooms — 3.7:
$1,760.29 Per Bedroom
Based on the compiled data and analysis outlined above, Staff recommends that if the Council
chooses Option (2), Alternative 2 be utilized.
One challenge with the per bedroom approach is ensuring that the City is able to accurately
forecast annual revenues and to ensure that the new rate structure provides sufficient revenue
to implement the PROS Plan. In the past four years, the City has seen some inconsistency
in the number of houses built based on bedroom size even though the average number of
bedrooms in houses for this period appears to be stable. If consumer preferences were to
shift toward houses with fewer bedrooms or if spec home builders choose to build houses with
fewer bedrooms, the City may fall short of revenue.
5
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79
Figure 5. Total number of units constructed by year 2021-2024.
Bedroom Units by Year
200
150
c
v
100
E
Z 50
0
2-Bed 3-Bed 4-Bed 5-Bed
Number of bedrooms
0 2021 0 2022 0 2023 . 2024
6-Bed
• Comparison of the Per Square Footage and Per Bedroom Alternatives: The
attached spreadsheet shows a comparison of the square footage and per bedroom
alternatives and sub -alternatives with examples for a variety of housing types at different sizes
or bedroom counts. Where fees would be higher than current rates, the new fee is shown in
red. Where it would be lower than the current rate, it is shown in green.
It is notable that under the square footage alternative, all building types except larger than
average homes would see a decrease in park impact fee rate. Moreover, the discount is more
pronounced compared to the per bedroom alternative. However, the per square footage
alternative would charge significantly higher fees for large houses compared to the current flat
rate for all single-family houses.
The per bedroom alternative generally lowers fees compared to the current flat rate for units
with few bedrooms and raises it for units with many bedrooms. However, the change in fee
is less pronounced than for the square footage model in most instances.
When comparing these two allowable approaches under state law, the Council will need to
consider its objectives in choosing the preferred approach. The per square foot rate provides
greater incentives to construct middle housing types. However, the per bedroom approach
may more accurately reflect the demand for and impacts on park facilities. Whether a
bedroom is large or small, the occupant of that bedroom is likely to create an equal demand
for park facilities, assuming single occupancy bedrooms. The per bedroom approach is more
in line with the current persons per household rate structure adopted pursuant to the 2022
PROS plan.
Staff Recommendation. The City Council should discuss the pros and cons of the per
square footage approach and the per bedroom approach of establishing a revised park impact
fee rate. Once an approach has been agreed upon, the merits of the sub alternatives
described herein should be considered.
As outlined herein, staffs recommendation is to utilize the per bedroom approach and the 4-
year average number of bedrooms. There are a variety of reasons for recommending this
approach.
6
10972168.1 - 366922 - 0001
80
Bedrooms are a better metric for park impact compared to square footage. More
bedrooms are likely to support more persons per household. More square footage is
not always going to equate to more bedrooms or persons per household. Square
footage could be an indicator of a large primary bedroom and bathroom, entertaining
space, kitchen, hobby space, recreational space, or other space the does not
otherwise correspond to parks impact.
2. The per bedroom option does not require the city to make assumptions about
uninhabited space (a 2- vs. 3-car garage), an unfinished basement, or storage space,
and is easier to calculate and administer.
3. The per bedroom approach using the 4-year number of bedroom per house average
has the least variation from the current persons per household rate structure. This
provides the closest possible fee structure to current rates ensuring that proformas for
project in progress are minimally impacted by a change in rate structure.
4. The 4-year average number of bedrooms reflects the highest average number of
bedrooms and therefore the lowest per bedroom rate. Choosing the lowest rate option
will be easier to justify to the development community for the 2-4 year period prior to
Port Orchard's next PROS plan and park impact fee rate study update. During this
time, the City can see how this new rate structure impacts building activity and factor
this information into its next update.
5. The per bedroom approach is more likely to ensure that the City's Park impact fee
revenue projections are met. If the city were to significantly reduce park impact fees
for small units such as apartments (of which many units are currently planned), the
units in the pipeline would generate less park impact fee revenue than forecasted and
could jeopardize the City's ability to complete parks projects as planned.
The reasoning behind recommending a 4-year average for both square footage and per
bedroom is largely due to the seismic shifts in consumer preferences since the start of the
pandemic combined with a slight downward trend in square footage attributed to high interest
rates and construction costs. The last 4 years are vastly different than the years preceding
2020 due to these factors. These factors appear likely to exist though at least the completion
of the next PROS plan and park impact fee rate study update.
Attachments. Rate Structure Alternatives Spreadsheet
7
10972168.1 - 366922 - 0001
81
Square Footage Park Impact Fee Rates
Housing Type Example
Current Rate
2-Year Average $2.53 per sq ft
2-Year Net
4-Year Average $2.49 per sq ft
4-Year Net
6-Year Average $2.45 per sq ft
6-Year Net
Single Family Home 5,000 Square Feet
$6,482.92
$12,650.00
$6,167.08
$12,450.00
$5,967.08
$12,250.00
$5,767.08
Single Family Home 4,000 Square Feet
$6,482.92
$10,120.00
$3,637.08
$9,960.00
$3,477.08
$9,800.00
$3,317.08
Single Family Home 3,000 Square Feet
$6,482.92
$7,590.00
$1,107.08
$7,470.00
$987.08
$7,350.00
$867.08
Single Family Home 2,000 Square Feet
$6,482.92
$5,060.00
-$1,422.92
$4,980.00
-$1,502.92
$4,900.00
-$1,582.92
Duplex Unit 1,400 Square Feet
$4,679.51
$3,542.00
-$1,137.51
$3,486.00
-$1,193.51
$3,430.00
-$1,249.51
Duplex Unit 1,200 Square Feet
$4,679.51
$3,036.00
-$1,643.51
$2,988.00
-$1,691.51
$2,940.00
-$1,739.51
Duplex Unit 1,000 Square Feet
$4,679.51
$2,530.00
-$2,149.51
$2,490.00
-$2,189.51
$2,450.00
-$2,229.51
Triplex/Fourplex Units 1,000 Square Feet
$4,588.63
$2,530.00
-$2,058.63
$2,490.00
-$2,098.63
$2,450.00
-$2,138.63
Triplex/Fourplex Units 800 Square Feet
$4,588.63
$2,024.00
-$2,564.63
$1,992.00
-$2,596.63
$1,960.00
-$2,628.63
Triplex/Fourplex Units 600 Square Feet
$4,588.63
$1,518.00
-$3,070.63
$1,494.00
-$3,094.63
$1,470.00
-$3,118.63
3 Bedroom Apartment 1,000 Square Feet
$4,565.90
$2,530.00
-$2,035.90
$2,490.00
-$2,075.90
$2,450.00
-$2,115.90
2 Bedroom Apartment 800 Square Feet
$4,565.90
$2,024.00
-$2,541.90
$1,992.00
-$2,573.90
$1,960.00
-$2,605.90
1 Bedroom Apartment 600 Square Feet
$4,565.90
$1,518.00
-$3,047.90
$1,494.00
-$3,071.90
$1,470.00
-$3,095.90
Studio Apartment 400 Square Feet
$4,565.90
$1,012.00
-$3,553.90
$996.00
-$3,569.90
$980.00
-$3,585.90
Doublewide Manufactured Home 960 Square Feet
$5,410.21
$2,428.80
-$2,981.41
$2,390.40
-$3,019.81
$2,352.00
-$3,058.21
Triplewide Manufactured Home 1,440 Square Feet
$5,410.21
$3,643.20
-$1,767.01
$3,585.60
-$1,824.61
$3,528.00
-$1,882.21
ADU 2-Bedroom 800 Square Feet
$2,282.96
$2,024.00
-$258.96
$1,992.00
-$290.96
$1,960.00
-$322.96
ADU 1-Bedroom 600 Square Feet
$2,282.96
$1,518.00
-$764.96
$1,494.00
-$788.96i
$1,470.00
-$812.96
ADU Studio 480 Square Feet
$2,282.96
$1,214.40
-$1,068.56
$1,195.20
-$1,087.761
$1,176.00
-$1,106.96
Number of Bedrooms Park Impact Fee
Rates
Housing Type Example
Current Rate
2-Year Average $1,673.46 Per Bedroom
2-Year Net
4-Year Average $1,616.73 Per Bedroom
4-Year Net
6-Year Average $1,720.88 Per Bedroom
6-Year Net
10-Year Average $1,760.29 Per Bedroom
10-Year Net
Single Family Home 5 Bedroom
$6,482.92
$8,367.30
$1,884.38
$8,083.65
$1,600.73
$8o604.40
$2,121.48
$8,801.45
$2,318.53
Single Family Home 4 Bedroom
$6,482.92
$6,693.84
$210.92
$6,466.92
-$16.00
$6,883.52
$400.60
$7,041.16
$558.24
Single Family Home 3 Bedroom
$6,482.92
$5,020.38
-$1,462.54
$4,850.19
-$1,632.73
$5,162.64
-$1,320.28
$5,280.87
-$1,202.05
Single Family Home 2 Bedroom
$6,482.92
$3,346.92
-$3,136.00
$3,233.46
-$3,249.46
$3,441.76
-$3,041.16
$3,520.58
-$2,962.34
Duplex Unit 3 Bedroom
$4,679.51
$5,020.38
$340.87
$4,850.19
$170.68
$5,162.64
$483.13
$5,280.87
$601.36
Duplex Unit 2 Bedroom
$4,679.51
$3,346.92
-$1,332.59
$3,233.46
-$1,446.05
$3,441.76
-$1,237.75
$3,520.58
-$1,158.93
Duplex Unit 1 Bedroom
$4,679.51
$1,673.46
-$3,006.05
$1,616.73
-$3,062.78
$1,720.88
-$2,958.63
$1,760.29
-$2,919.22
Triplex/Fourplex Units 3 Bedroom
$4,588.63
$5,020.38
$431.75
$4,850.19
$261.56
$5,162.64
$574.01
$5,280.87
$692.24
Triplex/Fourplex Units 2 Bedroom
$4,588.63
$3,346.92
-$1,241.71
$3,233.46
-$1,355.17
$3,441.76
-$1,146.87
$3,520.58
-$1,068.05
Triplex/Fourplex 1 Bedroom/Studio
$4,588.63
$1,673.46
-$2,915.17
$1,616.73
-$2,971.90
$1,720.88
-$2,867.75
$1,760.29
-$2,828.34
3 Bedroom Apartment
$4,565.90
$5,020.38
$454.48
$4,850.19
$284.29
$5,162.64
$596.74
$5,280.87
$714.97
2 Bedroom Apartment
$4,565.90
$3,346.92
-$1,218.98
$3,233.46
-$1,332.44
$3,441.76
-$1,124.14
$3,520.58
-$1,045.32
1 Bedroom Apartment
$4,565.90
$1,673.46
-$2,892.44
$1,616.73
-$2,949.17
$1,720.88
-$2,845.02
$1,760.29
-$2,805.61
Studio Apartment
$4,565.90
$1,673.46
-$2,892.44
$1,616.73
-$2,949.17
$1,720.88
-$2,845.02
$1,760.29
-$2,805.61
ADU 2-Bedroom
$2,282.96
$3,346.92
$1,063.96
$3,233.46
$950.50
$3,441.76
$1,158.80
$3,520.58
$1,237.62
ADU 1-Bedroom/Studio
$2,282.96
$1,673.46
-$609.50
$1,616.73
-$666.23
$1,720.88
-$562.08
$1,760.29
-$522.67
82
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 adopting a new section 20.182.075 to the Port Orchard
Municipal Code, adding a new definition for Bedroom to POMC 20.184.010, and adjusting the park
impact fee schedule (Bond)
Meeting Date: March 11, 2025
Prepared By: Nick Bond, AICP, Community Development Director
Presenter: Nick Bond, AICP, Community Development Director
Summary and Background: In 2023, the State Legislature passed two bills addressing housing that
require changes to the City's Park Impact Fee rate structure and to the municipal code. One bill, SB
5258 includes a provision codified in RCW 82.02.060 (1) that requires that impact fees reflect the
proportionate impact of new housing units based on square footage, number of bedrooms, or trips
generated. The other new law that was passed was part of HB 1337 concerning Accessory Dwelling
Units (ADUs). This bill requires that cities may not charge impact fees on the construction of new ADUs
that is greater than 50% of the impact fees that are/would be imposed on the principal unit.
The City's Department of Community Development prepared an analysis of the alternative methods
available under the law and provided proposed language creating POMC 20.182.075 and adding a new
definition to POMC 20.184.010 to address the recommended method as well as to ensure that fees
assessed against ADUs comply with the law. The alternatives were reviewed by the City Council at the
February 18, 2024 work study meeting at which time the City Council asked that an ordinance utilizing
the per bedroom approach be brought forward for consideration. As written, the ordinance would set
the park impact fee at $1,616.73 per bedroom as recommended in the department's analysis. The
proposed ordinance would take effect 5-days after publication as is standard practice, but the new fee
rate won't take effect until July 1, 2025 to allow the Department of Community Development time to
update it's forms, permitting system, website, and other materials. The rate study and fee alternatives
comparison is attached to this staff report for reference.
Relationship to Comprenhensive Plan: Park Impact Fees are authorized under the Growth
Management Act and are discussed in the City's Comprehensive Plan. The Parks, Recreation, and Open
Space (PROS) Plan is adopted by reference to the Comprehensive Plan and includes a project list and
funding plan that utilizes park impact fees to pay for parks capacity projects and PROS plan
implementation.
Recommendation: Staff recommends approval of an ordinance adopting a new section 20.182.075 to
the Port Orchard Municipal Code, adding a new definition to POMC 20.184.010, and adopting a new
park impact fee rate schedule.
83
Motion for Consideration: "I move to approve an ordinance adopting a new section 20.182.075 to the
Port Orchard Municipal Code, adding a new definition to section 20.184.010 of the Port Orchard
Municipal Code, and adopting a new park impact fee schedule as presented."
Has item been presented to Committee/Work Study? If so, which one: Work Study
Fiscal Impact: Implementation of the City's Comprehensive Plan and Parks, Recreation, and Open
Space Plan are dependent on the collection of park impact fees. The proposed ordinance is designed
to ensure that revenues come in at the same levels as intended through the previous rate schedule.
Under this new framework, housing units with more bedrooms than average would pay slightly more
while units with fewer bedrooms would pay less. Total revenue is not expected to change.
Alternatives: See the attached rate alternatives memo for other options for a park impact fee rate
structure.
Attachments:
01 Impact Fee Ordinance 2-14-2025 rev2.docx
02 Parks Impact Fee Rate Memo Square Footage Vs Number of Bedrooms.pdf
03 Port Orchard PIF Comparison Spreadsheet.pdf
84
ORDINANCE NO. XXX-25
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO IMPACT FEES, ADOPTING NEW SECTION 20.182.075
OF THE PORT ORCHARD MUNICIPAL CODE (POMC); AMENDING
POMC 20.184.010 TO ADD DEFINITION FOR BEDROOM;
ADOPTING A NEW PARK IMPACT FEE SCHEDULE AND REPEALING
THE PRIOR PARK IMPACT FEE SCHEDULE ADOPTED AS EXHIBIT A
TO ORDINANCE NO. 013-22; PROVIDING FOR SEVERABILITY AND
CORRECTION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the State of Washington Growth Management Act, Chapter 36.70A RCW
and related sections ("GMA") requires the City to adopt a Comprehensive Plan that provides
adequate public facilities to serve development; and
WHEREAS, counties, cities, and towns that are required or choose to plan under RCW
36.70A.040 are authorized to impose impact fees on development activity as part of the
financing for public facilities, provided that the financing or system improvements to serve
new development must provide for a balance between impact fees and other sources of
public funds and cannot rely solely on impact fees; and
WHEREAS, RCW 82.02.050 -.110 and WAC 365-196-850 authorize counties, cities, and
towns planning under the Growth Management Act (GMA) to impose impact fees for public
streets and roads, publicly owned parks, open space, and recreation facilities, and school
facilities, and fire protection facilities; and
WHEREAS, the City of Port Orchard has adopted transportation, school, and park
impact fees, as codified in subsection 20.182.060 of the Port Orchard Municipal Code (POMC)
and Appendices A-C in Exhibit 1 of Ordinance 019-17, as amended by Ordinance 007-21 and
013-22; and
WHEREAS, the Washington Legislature passed numerous bills related to housing
affordability in 2023 including, but not limited to, SB 5258 and HB 1337; and
WHEREAS, SB 5258 includes a requirement codified in RCW 82.02.060 that impact fee
schedules reflect the proportionate impact of new housing units, including multifamily and
condominium units, based on the square footage, number of bedrooms, or trips generated,
in or by the housing unit in order to produce a proportionally lower impact fee for smaller
housing units; and
WHEREAS, Port Orchard's current park impact fee schedule assesses park impact fees
based on housing types (derived from averages of persons per household by housing type), a
method that will cease to be permissible under state law after June 30, 2025; and
Page 1 of 5
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85
Ordinance No. OXX
Page 2 of 8
WHEREAS, the City's Director of Community Development undertook a study of the
City's existing park impact fee rate structure and the 2022 study which was the basis of the
park impact fee rate schedule to provide recommendations on revisions to the fee schedule
required to comply with RCW 82.02.060 and presented it to the City Council on February 18,
2025; and
WHEREAS, this study compared alternatives for a park impact fee rate schedule
comparing a per square foot rate structure to a per bedroom rate structure; and
WHEREAS, HB 1337 includes a requirement as codified in RCW 36.70A.681 that cities
may not assess impact fees on the construction of accessory dwelling units that are greater
than 50 percent of the impact fees that would be imposed on the principal unit; and
WHEREAS, the City has prepared additional code language under POMC 20.182.075
that ensures that the City is compliant with RCW 36.70A.681 by allowing a reduction in impact
fee assessments if the City's fee schedule were to result in an impact fee amount where the
accessory dwelling unit would be required to pay fee that is more than 50% of the fee
assessed (or that would have been assessed) to the principal unit; and
WHEREAS, on February 18, 2025, the City Council reviewed the alternatives found in
the Park Impact Fee Rate Study recommended to achieve compliance with RCW 82.02.060
and the proposed code language prepared by staff to achieve compliance with RCW
36.70A.681; and
WHEREAS, Council requested that staff prepare an ordinance for consideration to
include a new park impact fee rate study that utilized the "per bedroom" approach and would
set a park impact fee rate at $1,616.73 per bedroom, and adopt the proposed code language
to ensure that ADUs would not pay impact fees that are greater than 50 percent of the impact
fees that would be imposed on the principal unit, and that a public hearing be scheduled for
March 11, 2025 to take testimony on the proposed rate structure; and
WHEREAS, the City Council finds that the "per bedroom" approach most accurately
reflects the likely impact of development on the City's park system because it is most closely
associated with the number of residents likely to be living in a housing unit; and
WHEREAS, the proposed fee of $1,616.73 per bedroom is derived from a 4-year
average for the number of bedrooms found in a new homes in Port Orchard and reflects
trends that are expected to continue based on development in the pipeline; and
WHEREAS, the per bedroom approach is easier to administer and verify compared to
the alternative square footage approach considered; and
11000329.1- 366922 - 0001
86
Ordinance No. OXX
Page 3 of 8
WHEREAS, The City Council intends to review a future proposal from the South Kitsap
School District to revise the school impact fee in compliance with these new statutes at a
future date prior to the deadline for compliance; and
WHEREAS, the City Council finds that the City's transportation impact fee rate
schedule is compliant with RCW 82.02.060 because transportation impact fees are based on
trips generated, one of the three approved methods under law; and
WHEREAS, a properly noticed public hearing on this Ordinance was conducted on
March 11, 2025; and
WHEREAS, on March 11, 2025, at its regular meeting and after conducting a public
hearing, the City Council considered the updated parks impact fee schedule and revised code
language, and public testimony; and
WHEREAS, in 2022, by Ordinance No. 013-22, the City Council adopted a new fee
schedule for Park Impact Fees as Exhibit A thereto, and desires to update that schedule
consistent with this legislation; and
WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, a notice of
intent to adopt the proposed new development regulations was sent to the State of
Washington Department of Commerce and to other state agencies to allow for an expedited
15-day review and comment period, which comment period ended prior to adoption of this
ordinance; and
WHEREAS, this Ordinance is exempt from the requirements of the State
Environmental Policy Act (SEPA), Chapter 43.21C RCW, and the City's environmental
regulations, Chapter 20.160 POMC; and
WHEREAS, the City Council finds that the amendments herein are consistent with
goals and policies of the City's Comprehensive Plan and related regulations, and serve the
public health, safety, and general welfare of the citizens of Port Orchard; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts the "Whereas" sections of this ordinance as findings
in support of this ordinance.
SECTION 2. Port Orchard Municipal Code Section 20.184.010 is amended in part to add
a new definition as follows (amendment shown in legislative marks):
POMC 20.184.010 Definitions.
11000329.1- 366922 - 0001
87
Ordinance No. OXX
Page 4of8
"Approving authority" means the city employee, agency or official having the authority
to issue the approval or permit for the development activity involved.
"Bedroom" means any room or space used or intended to be used for sleeping purposes
in either a dwelling unit or a sleeping unit. A bedroom has a minimum size of 70 square feet
with a minimum dimension of seven feet in any plan dimension. Rooms intended as studies,
nooks, dens, home offices, walk-in closets, and similar functions shall not be counted as
bedrooms for the purpose of calculating impact fees. Housing units with zero bedrooms — also
known as studio units — shall be treated as a 1-bedroom unit for the purpose of this chapter.
"Capacity" means the ability of a public facility to accommodate users, expressed in an
appropriate unit of measure, such as average daily trip ends, or "peak p.m. trips," or school
facility within the LOS standards for the facility, or fire flow, or sewer treatment plant capacity.
SECTION 3. A new Section 20.182.075 of the Port Orchard Municipal Code is hereby
adopted to read as follows:
20.182.075 Accessory Dwelling Unit Impact Fee Calculations
(1) Accessory dwelling units shall be charged impact fees in accordance with the
schedules adopted in POMC 20.182.070 (1), except that pursuant to RCW 36.70A.681 (1)
(a), the City may not assess impact fees on the construction of accessory dwelling units
that are greater than 50 percent of the impact fees that would be imposed on the
principal unit. If the impact fee resulting from the use of the rates established in POMC
20.182.070 (1) result in an impact fee on an accessory dwelling unit that is in excess of
50% of the fee that would be imposed on the principal unit, then the City shall reduce
the amount of impact fee owed on the accessory dwelling unit to 50% of the amount
that would be owed on the principal dwelling were it to be constructed at the current
rate.
(2) Applicants seeking approval for the construction or creation of (an) accessory
dwelling unit(s) shall provide the following information with their application for the
construction or creation of (an) accessory dwelling unit(s):
(a) The estimated trip generation pursuant to the currently adopted version of
the ITE manual for both the accessory dwelling unit and the principal dwelling unit on
the site.
(b) The number of bedrooms in the proposed accessory dwelling unit and the
principal dwelling unit on the site. If the principal unit is existing, this shall be the
number of bedrooms as reported by the Kitsap County Assessor's office for the existing
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Ordinance No. OXX
Page 5 of 8
structure. If the principal unit (either new or modified) is being proposed concurrent
with the accessory dwelling unit(s), then the proposed number of bedrooms for the
principal unit shall be provided consistent with the submitted plans for the principal
dwelling.
(c) The total finished square footage in the proposed accessory dwelling unit and
the principal dwelling unit on the site. If the principal unit is existing, this shall be the
finished square footage as reported by the Kitsap County Assessor's office for the
existing structure. If the principal unit (either new or modified) is being proposed
concurrent with the accessory dwelling unit(s), then the proposed square footage for
the principal unit shall be provided consistent with the submitted plans for the principal
dwelling.
(3) An applicant for the construction or creation of an accessory dwelling unit may
request a variation from the impact fee schedule in accordance with POMC 20.182.090.
(4) Unless a variation to the impact fee schedule is granted in accordance with POMC
20.182.090, the City shall determine the amount of impact fees owed for the creation or
construction of accessory dwelling units based on the information supplied by the
applicant pursuant to section (2). This information shall be verified by the city by
reviewing the currently adopted ITE trip generation estimates for the proposed uses,
the number of bedrooms and/or square footage either reported by the Kitsap County
Assessor or as shown on plans for the accessory dwelling unit and principal structure.
Where inconsistencies are found between the applicant -supplied information and the
ITE manual or Kitsap County Assessor records, the application shall be returned to the
applicant for correction. Required corrective action may include, but is not limited to,
the following:
(a) Correcting the supplied information to match County Assessor Records or
submitted construction plans; and/or
(b) Requesting amendment to property records or appealing assessments to the
Kitsap County Assessor office; and/or
(c) Submitting an impact fee variation request in accordance with POMC
20.182.090.
(5) The conversion of an ADU to a principal unit or the enlargement of a principal unit
shall be considered new development subject to impact fee charges which may apply.
SECTION 4. Repealer. The City Council herein repeals Exhibit A to Ordinance No. 013-22,
the City's previously adopted Park Impact Fee Schedule, and all previous iterations of the Park
Impact Fee Schedule adopted prior to the enactment of Ordinance No. 13-22.
SECTION 5. Adoption of Parks Impact Fee Schedule. In accordance with POMC
20.182.060, the City Council hereby adopts a new Parks Impact Fee Schedule which is attached
to this Ordinance as Exhibit A and incorporated herein by this reference as if set forth in full. This
11000329.1- 366922 - 0001
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Ordinance No. OXX
Page 6 of 8
parks impact fee schedule shall become effective on the effective date established in Section 11
below and shall replace and supersede any previously adopted parks impact fee schedule. No
other Impact Fee Schedules (transportation or school district) are modified by this Ordinance.
SECTION 6. Section 5 of this Ordinance is deemed of special effect and shall not be
codified.
SECTION 7. Effective Date of New Park Impact Fee Schedule. The Park Impact Fee
Schedule which is adopted pursuant to Section 4 of this Ordinance shall take effect and be in full
force and effect on 12:01 AM on July 1, 2025.
SECTION 8. Savings Clause. The Parks Impact Fee Schedule which is repealed and
replaced by this ordinance shall remain in force and effect as set out prior to this ordinance until
the effective date set out in Section 7 hereof. Such repealer shall not be construed as affecting
any existing right acquired under the laws repealed, nor as affecting any proceeding instituted
thereunder, nor any rule, regulation or order promulgated thereunder.
SECTION 9. 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 10. 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 11. Effective Date. This ordinance shall be posted and published as required by
law and shall be effective and in full force five (5) days following publication. A summary of this
ordinance may be published in lieu of publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this _ day of 12025.
Robert Putaansuu, Mayor
ATTEST:
11000329.1- 366922 - 0001
90
Ordinance No. OXX
Page 7 of 8
Brandy Wallace, CIVIC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
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Ordinance No. OXX
Page 8 of 8
Exhibit A
City of Port Orchard
Park Impact Fee Rate
Park Impact Fee Per Bedroom: $1,616.73*
*Pursuant to POMC 20.182.060 (4), the Park Impact Fee Rate shall be subject to a CPI-U
increase on March I annually. This rate is valid through February 28, 2026. A new rate will be
published by the Department of Community Development once CPI-U information becomes
available in early 2026 and annually thereafter.
11000329.1- 366922 - 0001
92
CITY OF PORT ORCHARD
!AY o1
Department of Community Development
r. nur 216 Prospect Street
Port Orchard, WA 98366
Memorandum
To: The City Council
From: Nicholas Bond, AICP
Date: February 11, 2025
Re: Park Impact Fee Rate — Compliance with RCW 82.02.060 (1)
Background: In 2022, the City of Port Orchard completed its most recent update to the
Parks, Recreation, and Open Space (PROS) Plan in 2022. The 2022 PROS Plan included a
rate study for the City's Park Impact Fee charged on new residential development. The Parks
Impact Fee was adopted by the City Council via Ordinance 013-22 and included an annual
CPI adjustment that was to take effect annually on March 1 thereafter.
Since adoption, the Washington Legislature passed SB 5258 and imposed new requirements
concerning the assessment of impact fees. This new law, adopted to "expand housing options
by easing barriers to the construction and use of accessory dwelling units," requires local
jurisdictions that utilize impact fees to adopt a rate structure that charges proportionately lower
impact fees for smaller housing units based on square footage, number of bedrooms, or trips
generated (with the third approach applying only to transportation impact fees). Compliance
with the new law is required within six months of adoption of the required periodic update to
the comprehensive plan. In Port Orchard's case, this means that a new rate structure must
be adopted by July 1, 2025, as Port Orchard's periodic update was adopted prior to the
deadline of December 31, 2024.
In 2023 the legislature also passed HB 1337, also designed to encourage the allowance of
Accessory Dwelling Units (ADUs) as a housing option. This law established new requirements
for ADUs, including a rule that cities may not charge impact fees on the construction of new
ADUs that is greater than 50% of the impact fees that are/would be imposed on the principal
unit.
At Issue: Port Orchard's existing rate structure, adopted prior to the adoption of these new
laws, was largely developed consistent with the spirit of SB 5258 and HB 1337 by assessing
lower fees for building types that typically contain fewer Persons Per Household (PPH) when
compared to a single-family house. The rate study that led to the existing rate structure
calculated a cost per person for the city to maintain its Existing Level of Service (ELOS)
standards, based on the City's projected population growth. The rate study determined the
cost per person to maintain ELOS strategy using the Office of Financial Management PPH
data to proportionately assess a rate charged on each housing type, including detached
houses, duplexes, manufactured homes, 3- and 4-plexes, apartments, and ADUs. The
current fee schedule in effect from March 1, 2025 through February 28, 2026, is provided as
Figure 1. A table showing April 1, 2022, PPH data is shown as Figure 2.
Page 1 of 7
10972168.1 - 366922 - 0001
93
Figure 1. The Current Parks Impact Fee Schedule March 1, 2025 through February 28, 2026.
Park Impact Fees
Single Family Residence
$6,482.92
Duplex (Each Unit)
$4,679.51
Tri- or Four-plex (Each Unit)
$4,588.63
Multi-plex (5 or more units, Each Unit)
$4,565.90
ADU (Accessory Dwelling Unit)
$2,282.96
New Manufactured Home
$5,410.21
Figure 2. April 1, 2022 Office of Financial Management Persons Per Household Data used
to create the Port Orchard Parks Impact Fee schedule for non -single family residences.'
1-Unit
2-Unit
3- & 4-Unit
5 or more
Manufactured
units
Homes
Persons Per
2.841564
2.058219
2.012658
2.004415
2.370629
Household
Proposals for Action - Rate Structure Alternatives: To comply with SB 5258, the City must
decide whether to assess future park impact fees based either on (1) the square footage of a
residential unit or (3) the number of bedrooms in a unit. The City has collected and maintained
square footage data on residential construction since 2004 and data on the number of
bedrooms in new homes since 2015. This data was used to convert the City's current fee
structure into anew fee structure that complies with state law.2 Staff seeks direction on which
approach the City Council would prefer between options (1) and (2). Staff's recommendation
is option 2, as described below.
• Option (1) - Square Footage Alternative: The first option permitted under SB 5258
is to calculate the rate based on the average square footage of a residential unit. By
calculating the average square footage of new homes constructed over a range of years, the
City can take the existing park impact fee rate that is based on the average persons per
household numbers for Port Orchard and instead divide that fee by the average square
footage for that range of years. Within option (1), Staff has identified five alternative per
square foot park impact fee ranges with corresponding rates that are supported by the data
and that the City Council could choose to implement under the square footage alternative.
Staffs recommendation is Alternative 2, as explained below.
' It should be noted that OFM does not provide a persons per household estimate for
ADUs. Consistent with best practices, the City, in conjunction with its expert
consultant for the rate study, based the calculation for ADUs on an assumption of 1
PPH.
2 This memorandum and supporting calculations were prepared by Community
Development Director Nicholas Bond, AICP, a credential land use planning expert,
utilizing data compiled by Beckwith Consulting Group in conjunction with the 2022
PROS Plan and associated impact fee study.
2
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94
These are the five alternative ranges3:
Alternative 1: 2-year average new home size.
Alternative 2: 4-year average new home size.
Alternative 3: 6-year average new home size.
Alternative 4: 10-year average new home size.
Alternative 5: 21-year average new home size (max range of data).
When considering these five alternatives, trends in home size were evaluated and key
observations were made. First, a major shift in average house square footage began in 2017.
City staff attributes this to two events. First, construction in McCormick Woods resumed after
the sale of this property to McCormick Communities. Prior to annexation in 2009 and through
the years following the Great Recession (2007-2010), activity in McCormick Woods West, and
North was on hold. Second, the homes in this part of Port Orchard are much larger than
average and skew the average house size data. As there are more than 2,000 remaining
homes to build in this part of the city, staff recommends that data prior to 2017 be discarded
as it does not reflect the likely scale of development planned in future years. Third, data
indicates that the Covid-19 global pandemic and the shift to telework has likely skewed new
housing sizes beginning in 2020. While a return to the office shift has begun, some
teleworking is likely here to stay. This shift in where residents work (and thus the size/use of
residential structures for non-residential purposes) is another reason to discard this older data.
Finally, the global pandemic also resulted in inflation, with associated skyrocketing
construction costs and increasing interest rates. These factors likely also contribute to the
recent downward trend in house size, though house size still well above pre-2017 levels. Due
to these four factors, staff recommends that only Alternative ranges 1, 2, and 3 are utilized.
Figure 3. Average detached house size 2004-2024 including garages.
Average Square Footage by Year
4000
3500
3000
2500
2000
1500
1000
500
0
,ct Ln l0 I, 00 cn O r-i N M -zt In LD n 00 0) O i 4 N M
0 0 0 0 0 0-1 -1 -1 -1 -1 -1 -1 -1 -1 ci N N N N N
O O O O O O O O O O O O O O O O O O O O O
N N N N N N N N N N N N N N N N N N N N N
3 One variable that was considered is that the City's square footage data is inclusive of
uninhabited garages which can vary in size. In the absence of permitting data for garage
square footage, staff has deducted 500 square feet from all homes for an assumed 2+ car
garage, based on the average size for an attached garage constructed with a detached home.
3
10972168.1 - 366922 - 0001
95
By applying the average new house square footage for Alternatives 1, 2, and 3, sans an
assumed 500 square feet for an estimated average size attached garage, the per square
footages rates can be established for each alternative by dividing the average square
footage by the current single family park impact fee rate, $6,482.92.
Alternative 1: 2-year average new home size excluding garage — 2,566 square feet:
$2.53 Per Square Foot
Alternative 2: 4-year average new home size excluding garage — 2,608 square feet:
$2.49 Per Square Foot
Alternative 3: 6-year average new home size excluding garage — 2,643 square feet:
$2.45 Per Square Foot
Based on the compiled data and analysis outlined above, Staff recommends that if the
Council chooses Option (1), Alternative range 2 be utilized.
• Option (2) - Bedrooms Alternative. The second option endorsed by the legislature
is to utilize the average number of bedrooms. By calculating the average number of
bedrooms constructed in new homes over a range of years, the City can use the existing
park impact fee rate that is based on the average persons per household numbers for Port
Orchard and instead divide that fee by the average number of bedrooms for that range of
years. Staff has identified four alternative ranges and associated calculated park impact fee
rates that are supported by the data and could be implemented under the per bedroom
alternative. Staff's recommendation is Alternative 2, as explained below.
Staff identified four ranges of years for this option 4, as follows:
Alternative 1: 2-year average number of bedrooms.
Alternative 2: 4-year average number of bedrooms.
Alternative 3: 6-year average number of bedrooms.
Alternative 4: 10-year average number of bedrooms.
Similar to the changes seen in square footage over time, there have been some change in
the average number of bedrooms constructed in new houses in Port Orchard. However, there
was less increase from the renewal of construction activity at McCormick Woods, West, and
North in 2017, while there was a slight increase for the Covid-19 pandemic when extra
bedrooms were sought for home office use. The average number of bedrooms has declined
slightly from the 2022 peak. Figure 4 shows that change in average bedroom size since 2015.
4 A fifth alternative, a 21-year average number of bedrooms, going back as far as the square
footage alternative presented in the previous section, was not available due to a lack of
data. Additionally, in contrast to the square footage alternative, deductions for uninhabited
square footage (garages, etc.) is not needed when using the rate per bedroom approach.
2
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96
Figure 4. Change in average number of bedrooms in new homes from 2015-2024.
4.5
4.0
3.5
3.0
2.5
2.0
1.5
1.0
0.5
0.0
# of Bedrooms
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
By applying the average new house bedroom quantities for Alternatives 1, 2, 3, and 4, per
bedroom rates can be established for each alternative by dividing the average number of
bedrooms for a range of years by the current single family park impact fee rate, $6,482.92.
Alternative 1: 2-year average number of bedrooms — 3.9:
$1,673.46 Per Bedroom
Alternative 2: 4-year average number of bedrooms — 4:
$1,616.73 Per Bedroom
Alternative 3: 6-year average number of bedrooms — 3.8:
$1,720.88 Per Bedroom
Alternative 4: 10-year average number of bedrooms — 3.7:
$1,760.29 Per Bedroom
Based on the compiled data and analysis outlined above, Staff recommends that if the Council
chooses Option (2), Alternative 2 be utilized.
One challenge with the per bedroom approach is ensuring that the City is able to accurately
forecast annual revenues and to ensure that the new rate structure provides sufficient revenue
to implement the PROS Plan. In the past four years, the City has seen some inconsistency
in the number of houses built based on bedroom size even though the average number of
bedrooms in houses for this period appears to be stable. If consumer preferences were to
shift toward houses with fewer bedrooms or if spec home builders choose to build houses with
fewer bedrooms, the City may fall short of revenue.
5
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97
Figure 5. Total number of units constructed by year 2021-2024.
Bedroom Units by Year
200
150
c
v
100
E
Z 50
0
2-Bed 3-Bed 4-Bed 5-Bed
Number of bedrooms
0 2021 0 2022 0 2023 . 2024
6-Bed
• Comparison of the Per Square Footage and Per Bedroom Alternatives: The
attached spreadsheet shows a comparison of the square footage and per bedroom
alternatives and sub -alternatives with examples for a variety of housing types at different sizes
or bedroom counts. Where fees would be higher than current rates, the new fee is shown in
red. Where it would be lower than the current rate, it is shown in green.
It is notable that under the square footage alternative, all building types except larger than
average homes would see a decrease in park impact fee rate. Moreover, the discount is more
pronounced compared to the per bedroom alternative. However, the per square footage
alternative would charge significantly higher fees for large houses compared to the current flat
rate for all single-family houses.
The per bedroom alternative generally lowers fees compared to the current flat rate for units
with few bedrooms and raises it for units with many bedrooms. However, the change in fee
is less pronounced than for the square footage model in most instances.
When comparing these two allowable approaches under state law, the Council will need to
consider its objectives in choosing the preferred approach. The per square foot rate provides
greater incentives to construct middle housing types. However, the per bedroom approach
may more accurately reflect the demand for and impacts on park facilities. Whether a
bedroom is large or small, the occupant of that bedroom is likely to create an equal demand
for park facilities, assuming single occupancy bedrooms. The per bedroom approach is more
in line with the current persons per household rate structure adopted pursuant to the 2022
PROS plan.
Staff Recommendation. The City Council should discuss the pros and cons of the per
square footage approach and the per bedroom approach of establishing a revised park impact
fee rate. Once an approach has been agreed upon, the merits of the sub alternatives
described herein should be considered.
As outlined herein, staffs recommendation is to utilize the per bedroom approach and the 4-
year average number of bedrooms. There are a variety of reasons for recommending this
approach.
6
10972168.1 - 366922 - 0001
98
Bedrooms are a better metric for park impact compared to square footage. More
bedrooms are likely to support more persons per household. More square footage is
not always going to equate to more bedrooms or persons per household. Square
footage could be an indicator of a large primary bedroom and bathroom, entertaining
space, kitchen, hobby space, recreational space, or other space the does not
otherwise correspond to parks impact.
2. The per bedroom option does not require the city to make assumptions about
uninhabited space (a 2- vs. 3-car garage), an unfinished basement, or storage space,
and is easier to calculate and administer.
3. The per bedroom approach using the 4-year number of bedroom per house average
has the least variation from the current persons per household rate structure. This
provides the closest possible fee structure to current rates ensuring that proformas for
project in progress are minimally impacted by a change in rate structure.
4. The 4-year average number of bedrooms reflects the highest average number of
bedrooms and therefore the lowest per bedroom rate. Choosing the lowest rate option
will be easier to justify to the development community for the 2-4 year period prior to
Port Orchard's next PROS plan and park impact fee rate study update. During this
time, the City can see how this new rate structure impacts building activity and factor
this information into its next update.
5. The per bedroom approach is more likely to ensure that the City's Park impact fee
revenue projections are met. If the city were to significantly reduce park impact fees
for small units such as apartments (of which many units are currently planned), the
units in the pipeline would generate less park impact fee revenue than forecasted and
could jeopardize the City's ability to complete parks projects as planned.
The reasoning behind recommending a 4-year average for both square footage and per
bedroom is largely due to the seismic shifts in consumer preferences since the start of the
pandemic combined with a slight downward trend in square footage attributed to high interest
rates and construction costs. The last 4 years are vastly different than the years preceding
2020 due to these factors. These factors appear likely to exist though at least the completion
of the next PROS plan and park impact fee rate study update.
Attachments. Rate Structure Alternatives Spreadsheet
7
10972168.1 - 366922 - 0001
99
Square Footage Park Impact Fee Rates
Housing Type Example
Current Rate
2-Year Average $2.53 per sq ft
2-Year Net
4-Year Average $2.49 per sq ft
4-Year Net
6-Year Average $2.45 per sq ft
6-Year Net
Single Family Home 5,000 Square Feet
$6,482.92
$12,650.00
$6,167.08
$12,450.00
$5,967.08
$12,250.00
$5,767.08
Single Family Home 4,000 Square Feet
$6,482.92
$10,120.00
$3,637.08
$9,960.00
$3,477.08
$9,800.00
$3,317.08
Single Family Home 3,000 Square Feet
$6,482.92
$7,590.00
$1,107.08
$7,470.00
$987.08
$7,350.00
$867.08
Single Family Home 2,000 Square Feet
$6,482.92
$5,060.00
-$1,422.92
$4,980.00
-$1,502.92
$4,900.00
-$1,582.92
Duplex Unit 1,400 Square Feet
$4,679.51
$3,542.00
-$1,137.51
$3,486.00
-$1,193.51
$3,430.00
-$1,249.51
Duplex Unit 1,200 Square Feet
$4,679.51
$3,036.00
-$1,643.51
$2,988.00
-$1,691.51
$2,940.00
-$1,739.51
Duplex Unit 1,000 Square Feet
$4,679.51
$2,530.00
-$2,149.51
$2,490.00
-$2,189.51
$2,450.00
-$2,229.51
Triplex/Fourplex Units 1,000 Square Feet
$4,588.63
$2,530.00
-$2,058.63
$2,490.00
-$2,098.63
$2,450.00
-$2,138.63
Triplex/Fourplex Units 800 Square Feet
$4,588.63
$2,024.00
-$2,564.63
$1,992.00
-$2,596.63
$1,960.00
-$2,628.63
Triplex/Fourplex Units 600 Square Feet
$4,588.63
$1,518.00
-$3,070.63
$1,494.00
-$3,094.63
$1,470.00
-$3,118.63
3 Bedroom Apartment 1,000 Square Feet
$4,565.90
$2,530.00
-$2,035.90
$2,490.00
-$2,075.90
$2,450.00
-$2,115.90
2 Bedroom Apartment 800 Square Feet
$4,565.90
$2,024.00
-$2,541.90
$1,992.00
-$2,573.90
$1,960.00
-$2,605.90
1 Bedroom Apartment 600 Square Feet
$4,565.90
$1,518.00
-$3,047.90
$1,494.00
-$3,071.90
$1,470.00
-$3,095.90
Studio Apartment 400 Square Feet
$4,565.90
$1,012.00
-$3,553.90
$996.00
-$3,569.90
$980.00
-$3,585.90
Doublewide Manufactured Home 960 Square Feet
$5,410.21
$2,428.80
-$2,981.41
$2,390.40
-$3,019.81
$2,352.00
-$3,058.21
Triplewide Manufactured Home 1,440 Square Feet
$5,410.21
$3,643.20
-$1,767.01
$3,585.60
-$1,824.61
$3,528.00
-$1,882.21
ADU 2-Bedroom 800 Square Feet
$2,282.96
$2,024.00
-$258.96
$1,992.00
-$290.96
$1,960.00
-$322.96
ADU 1-Bedroom 600 Square Feet
$2,282.96
$1,518.00
-$764.96
$1,494.00
-$788.96i
$1,470.00
-$812.96
ADU Studio 480 Square Feet
$2,282.96
$1,214.40
-$1,068.56
$1,195.20
-$1,087.761
$1,176.00
-$1,106.96
Number of Bedrooms Park Impact Fee
Rates
Housing Type Example
Current Rate
2-Year Average $1,673.46 Per Bedroom
2-Year Net
4-Year Average $1,616.73 Per Bedroom
4-Year Net
6-Year Average $1,720.88 Per Bedroom
6-Year Net
10-Year Average $1,760.29 Per Bedroom
10-Year Net
Single Family Home 5 Bedroom
$6,482.92
$8,367.30
$1,884.38
$8,083.65
$1,600.73
$8o604.40
$2,121.48
$8,801.45
$2,318.53
Single Family Home 4 Bedroom
$6,482.92
$6,693.84
$210.92
$6,466.92
-$16.00
$6,883.52
$400.60
$7,041.16
$558.24
Single Family Home 3 Bedroom
$6,482.92
$5,020.38
-$1,462.54
$4,850.19
-$1,632.73
$5,162.64
-$1,320.28
$5,280.87
-$1,202.05
Single Family Home 2 Bedroom
$6,482.92
$3,346.92
-$3,136.00
$3,233.46
-$3,249.46
$3,441.76
-$3,041.16
$3,520.58
-$2,962.34
Duplex Unit 3 Bedroom
$4,679.51
$5,020.38
$340.87
$4,850.19
$170.68
$5,162.64
$483.13
$5,280.87
$601.36
Duplex Unit 2 Bedroom
$4,679.51
$3,346.92
-$1,332.59
$3,233.46
-$1,446.05
$3,441.76
-$1,237.75
$3,520.58
-$1,158.93
Duplex Unit 1 Bedroom
$4,679.51
$1,673.46
-$3,006.05
$1,616.73
-$3,062.78
$1,720.88
-$2,958.63
$1,760.29
-$2,919.22
Triplex/Fourplex Units 3 Bedroom
$4,588.63
$5,020.38
$431.75
$4,850.19
$261.56
$5,162.64
$574.01
$5,280.87
$692.24
Triplex/Fourplex Units 2 Bedroom
$4,588.63
$3,346.92
-$1,241.71
$3,233.46
-$1,355.17
$3,441.76
-$1,146.87
$3,520.58
-$1,068.05
Triplex/Fourplex 1 Bedroom/Studio
$4,588.63
$1,673.46
-$2,915.17
$1,616.73
-$2,971.90
$1,720.88
-$2,867.75
$1,760.29
-$2,828.34
3 Bedroom Apartment
$4,565.90
$5,020.38
$454.48
$4,850.19
$284.29
$5,162.64
$596.74
$5,280.87
$714.97
2 Bedroom Apartment
$4,565.90
$3,346.92
-$1,218.98
$3,233.46
-$1,332.44
$3,441.76
-$1,124.14
$3,520.58
-$1,045.32
1 Bedroom Apartment
$4,565.90
$1,673.46
-$2,892.44
$1,616.73
-$2,949.17
$1,720.88
-$2,845.02
$1,760.29
-$2,805.61
Studio Apartment
$4,565.90
$1,673.46
-$2,892.44
$1,616.73
-$2,949.17
$1,720.88
-$2,845.02
$1,760.29
-$2,805.61
ADU 2-Bedroom
$2,282.96
$3,346.92
$1,063.96
$3,233.46
$950.50
$3,441.76
$1,158.80
$3,520.58
$1,237.62
ADU 1-Bedroom/Studio
$2,282.96
$1,673.46
-$609.50
$1,616.73
-$666.23
$1,720.88
-$562.08
$1,760.29
-$522.67
100
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: Ratification of the Mayor's Signature of Change Order No. 1 to Purchase Order No.
065-24 for the Repair of Marine 7 (Brown)
Meeting Date: March 11, 2025
Prepared By: Matt Brown, Police Chief
Presenter: Matt Brown, Police Chief
Summary and Background: On December 12, 2024, the police department received approval to repair
its vessel, Marine 7. SAFE Boats International, the original manufacturing of the vessel, was contracted
following the city's procurement process. The repairs were necessary to ensure the vessel remained
fully operational and to provide for safe and efficient law enforcement and search and rescue
functions. The original cost for the repairs totaled $27,151.92.
In mid -January, the police department was advised by Safeboats that during the repair process an
additional area of concern was found. The engine's supercharger was failing, and its replacement was
necessary to prevent a catastrophic failure of the engine, to ensure public safety, and to extend the
life of the aging Marine 7.
A quote for additional repair was requested on February 14, 2025. The cost for this repair totaled
$10,134.35.
City procurement policy requires that any change orders that exceed 10% of the original contract
amount must receive council approval.
Relationship to Comprenhensive Plan: N/A
Recommendation: Staff recommends the City Council authorize the Mayor to approve Change Order
No. 1 to Purchase Order No. 065-24 for the Repair of Marine 7, to increase the total repair cost by
$10,134.35 for a total cost of $37,286.27 (applicable taxes included).
Motion for Consideration: I move to authorize the Ratification of the Mayor's signature approving
Change Order No. 1 to Purchase Order No. 065-24 for the Repair of Marine 7, to increase the total
repair cost by $10,134.35 for a total cost of $37,286.27 (applicable taxes included).
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: The 2025-2026 Police Department budget has sufficient funds to absorb this change
101
order.
Alternatives: Do not approve and provide further guidance.
Attachments:
purchase —order to_fix_the_boat.pdf
102
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366 PURCHASE O R D E R
(360) 876-4407
Safeboats
8800 Barney White Road
Bremerton, WA 98312
360.674.7161
n:11 T-.
Attn: Accounts Payable
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
ap@portorchardwa.gov
Ordered By:
Alan Iwashita, Deputy Police Chief
Police Department
Part No.
P.O. No. 065-24
Date: December 12, 2024
Ship To:
City of Port Orchard Police Department
546 Bay Street
Port Orchard, WA 98366
Authorized Signature:
City Clerk or uthorixed RRe�entative Signature
DESCRIPTION Unit Price Total
Marine 7 Servicing
$10,654.88
$10,654.88
$14,209.52
Total Labor
Total Parts and Services
$14,209.52
(See attached quote for complete items and descriptions)
** See attached Quote No. S-NJM-241029-A(36 dated 10/29/2024
IF TOTAL COST IS OVER $7,500.00 ATTACH PROCUREMENT DOCUMENTS
THIS ORDER IS A CONFIRMATION
THIS ORDER IS NOT A CONFIRMATION
ACCOUNT CODE
Yes
Subtotal
$24,864.40
Sales Tax (9.2%) $2,287.52
Balance Due $27,151.92
103
C, 5R'FE BC7FiT1a
8800 Barney White Road
Bremerton. WA 98312
Phone: 360-674-7161 Fax: 360-674-7149
www.safeboatsmm
Factory Service Quote
29-Oct-24
QUOTE # S-NJM-241029-A(36
Option : A
Salesforce Case # 19324
CUSTOMER
SHIPPING ADDRESS
Customer: Port Orchard Police Departmerl
Customer: Port Orchard Police Department
P.O.C. Name: Alan Iwashila, Deputy Chief
Address 1: 546 Bay St
P.O.C. Phone: (360) 876.1700
Address 2:
Email: ai a hi a orlorchardw v
City/State/Zip: Port Orchard, WA 98366
Hull #: 654
POC: Alan Iwashita, Deputy Chief
Quote Date: 10/29/2024
Phone Number: (360) 876.1700
'Work Description
Port Orchard Police Department 31' full cabin Prepare vessel for Season 2025 Clean lower units, transom, collars, and hull Inspect engines to determine level of
maintenance needed. Per inspection - engines need a full 300-hour service, replace the alternator on the port engine, replace the gear case on port engine, replace the
cowling latch on two engines, replace the coil pack on the starboard engine, and replace one valve cover gasket We will replace the hull anode to protect vessel from
electrolysis. We will also replace the aft deck scupper socks so the water on the deck can drain
properly
LABOR
Labor Rem Hours Rate
ErdandW Prit:a Comments
Boat retrival and launch with SBI trailer 3 $215.25
$645 75
300 Hour Engine Service 30 $215.25
$6,457.50
Inspect vessel, review current maintenance 10 $215.25
$2.152.50
Bottom Cleaning 6 $215.25
$1,291.50
Replace hull anode 0.5 $215.25
$10T63
TOTAL LABOR $10r,65 a
PARTS AND SERVICES
Part/Material Description Part Number uOM Oty
Price Total Comments
Alternator ENGN1099 ea 1
$62475 $624.75 Port
Gear Case Counter ENGN0599 ea 1
$8,675.00 $8,675.00 Port
Cowl latch cables ENGN4392 as 2
$554.90 $1,109.80 center
Coil pack Assembly ENGN0263 as 1
$137.73 $137 73 Starboard
Valve Cover gasket ENGN0730 ea 1
$37.26 $37 28 Starboard
Valve cover spark plug gaskets ENGN1250 ea 3
$6,11 $18 33 Starboard
Spark plugs ENGN0732 ail 18
$33.86 $609.48 300 Hour Service
Engine oil LUFL0005 ea 6
$60,90 $365.40 300 Hour Service
Quickclean LUFL0073 es 6
$13,86 $63,16 300 Hour Service
Gear Oil LUFH0046 ea 5
$18,72 $93,60 300 Hour Service
Oil filter ENGN0068 as 3
$33.86 $101.58 300 Hour Service
Gear plug oring ENGN0588 ea 6
$4.53 $27.18 300 Hour Service
Engine oil plug oring ENGN0284 as 3
$8.70 $26.10 300 Hour Service
Engine fuel filter ENGN1093 ae 3
$44.50 $133,50 300 Hour Service
Boat fuel filler FUEL0029 ee. 3
$99 42 $296.26 300 Hour Service
ENGN0316 ENGN0316 BP 3
$37.83 $113.49 300 Hour Service
Thermostat ENGN0291 as 3
$214 51 $643.53 300 Hour Service
Impeller kit ENGN ea 3
$225.50 $676 50 300 Hour Service
Zinc Anode kit ENGN2667 es. 3
$107.21 $321.63 300 Hour Service
Transom / hull Anode HDWR2030 as 1
$63.46 $63.46
Scupper drain socks SCP 300 ea 2
$24.88 $49.76
TOTAL PARTS AND SERVICES S14,209,52
SUBTOTAL
$24,864.40
Shipping N/A
9 2% Sales Tax $2,287 52
TOTAL
$27.161.92
NOTE: "DISCLAIMER" Any unseen damage will need to be addressed al that time for parts and additional labor. Once a Purchase Order is
received from customer work will be scheduled and agreed upon by both parties Quote is valid for 45 days.
POC: Nate McCarthyCell: (360j 509-2984 Desk: (360] 674-7161 x1023 Email: nmccarthy@safeboats.com
104
0�4 City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Items: Approval of the 2025 Comprehensive Plan Amendment Docket (Bond)
Meeting Date: March 11, 2025
Prepared By: Nick Bond, AICP, Community Development Director
Presenter: Nick Bond, AICP, Community Development Director
Summary and Background:
Pursuant to the Comprehensive Plan amendment regulations in Port Orchard Municipal Code Section
(POMC) 20.04, the Community Development Director has compiled a recommended Comprehensive
Plan amendment docket, based on a preliminary evaluation of the need, urgency, and appropriateness
of the suggested amendments, as well as the staff and budget availability to accommodate the public
review process.
Comprehensive Plan amendment applications were required to be completed and submitted to the
Community Development Department by 4:00 pm on January 31, 2025, to be considered during this
year's amendment process. The Department initiated applications for a set of text amendments
consistent with POMC 20.04.050(1).
The Director recommends that the submitted amendments be included on the 2025 Comprehensive
Plan docket:
City -Initiated Comprehensive Plan Text Amendment
• Sherman Avenue Stormwater Park Master Plan: Adds the Sherman Avenue Stormwater Park
Master Plan to Appendix B — Plans Adopted by Reference, ensuring consistency with the
Comprehensive Plan and supporting stormwater management, park improvements, and
community development. Inclusion facilitates grant applications, impact fee eligibility, and
funding opportunities for design and construction, advancing the City's goals for water quality,
flood mitigation, and public amenities.
• Updates to the Capital Facilities Element: Updates the Capital Facilities Element to incorporate
new projects and funding sources for transportation, utilities, parks, and public facilities,
ensuring alignment with evolving infrastructure needs, community priorities, and Growth
Management Act requirements. These updates enhance financial sustainability, support impact
fee and grant funding eligibility, and guide the City's capital improvement planning and
budgeting processes.
• Updates to the Transportation Improvement Program (TIP): Updates the TIP to incorporate
new roadway, transit, and active transportation projects, along with additional funding sources,
105
to enhance mobility, safety, and connectivity. These amendments align with Comprehensive
Plan goals, support sustainable growth, improve multimodal infrastructure, and ensure
compliance with the Growth Management Act.
Applicant -Initiated Comprehensive Plan Text Amendment
Capital Facilities Element Text Amendment: Proposes revising the "Expenditures" table in
Chapter 9 to reflect updated cost estimates due to inflation and anticipated changes in project
scope and priorities. The amendment ensures alignment with current infrastructure needs and
financial planning as the City reviews relevant water system elements.
Applicant -Initiated Comprehensive Plan Map Amendments
Hull Avenue Rezone: A Legislative Zoning Map amendment for a parcel located approximately
.07 miles northeast of the intersection of Hull and Sherman Ave. The amendment would change
the zoning designation of Residential 2 (R2) to Residential 3 (R3).
SW Old Clifton Industrial Properties Redesignation of Land Use Classification and Zoning
Designation: A Comprehensive Plan Map and Legislative Zoning Map amendment for thirteen
(13) parcels located approximately .22 miles southwest of the intersection of SW Old Clifton Rd
and Lloyd Pkwy. The amendment would change the Comprehensive Plan Land Use designation
from Industrial to Medium Density Residential (MDR), and the zoning designation from Light
Industrial (LI) to Residential 3 (R3).
Relationship to Comprenhensive Plan: Annual Amendments to the Comprehensive Plan permitted
through POMC 20.04.
Recommendation: The City Council should consider, deliberate and approve the proposed 2025
Comprehensive Plan Amendments Docket POMC 20.04.060.
Motion for Consideration: "I move to approve the 2025 Comprehensive Plan amendment agenda
pursuant to POMC 20.04.060, as presented."
Has item been presented to Committee/Work Study? If so, which one: Land Use Committee
Fiscal Impact: None foreseen.
Alternatives: Revise the proposed 2025 Comprehensive Plan agenda; or, do not consider any
Comprehensive Plan amendments in 2025.
Attachments:
2025 Preliminary Comprehensive Plan Amendments Docket CLEAN.pdf
106
2025 Comprehensive Plan Update — Preliminary Docket
Pursuant to Port Orchard Municipal Code Section (POMC) 20.04.050, the City's Community
Development Director has initiated the process for the 2025 annual amendments to the Port Orchard
Comprehensive Plan. The City prepared applications for a Comprehensive Plan Map Amendment prior
to the January 31, 2025 deadline.
In compliance with POMC 20.04.060(3), the Director is required to compile and maintain for public
review a recommended final comprehensive plan amendment agenda (docket). The Director has based
the docket recommendations on a preliminary evaluation of the need, urgency, and appropriateness of
the suggested comprehensive plan amendments, as well as the staff and budget availability to
accommodate the public review process.
The following preliminary docket is provided for the 2025 update to the Port Orchard Comprehensive
Plan:
Comprehensive Plan Amendments for Consideration in 2025:
City -Initiated Comprehensive Plan Text Amendment
• Sherman Avenue Stormwater Park Master Plan: Adds the Sherman Avenue Stormwater Park
Master Plan to Appendix B — Plans Adopted by Reference, ensuring consistency with the
Comprehensive Plan and supporting stormwater management, park improvements, and
community development. Inclusion facilitates grant applications, impact fee eligibility, and
funding opportunities for design and construction, advancing the City's goals for water quality,
flood mitigation, and public amenities.
• Updates to the Capital Facilities Element: Updates the Capital Facilities Element to incorporate
new projects and funding sources for transportation, utilities, parks, and public facilities,
ensuring alignment with evolving infrastructure needs, community priorities, and Growth
Management Act requirements. These updates enhance financial sustainability, support impact
fee and grant funding eligibility, and guide the City's capital improvement planning and
budgeting processes.
• Updates to the Transportation Improvement Program (TIP): Updates the TIP to incorporate
new roadway, transit, and active transportation projects, along with additional funding sources,
to enhance mobility, safety, and connectivity. These amendments align with Comprehensive
Plan goals, support sustainable growth, improve multimodal infrastructure, and ensure
compliance with the Growth Management Act.
Applicant -Initiated Comprehensive Plan Text Amendment
• Capital Facilities Element Text Amendment: Proposes revising the "Expenditures" table in
Chapter 9 to reflect updated cost estimates due to inflation and anticipated changes in project
scope and priorities. The amendment ensures alignment with current infrastructure needs and
financial planning as the City reviews relevant water system elements.
Applicant -Initiated Comprehensive Plan Map Amendments
• Hull Avenue Rezone: A Legislative Zoning Map amendment for a parcel located approximately
.07 miles northeast of the intersection of Hull and Sherman Ave. The amendment would change
the zoning designation of Residential 2 (R2) to Residential 3 (R3).
• SW Old Clifton Industrial Properties Redesignation of Land Use Classification and Zoning
Designation: A Comprehensive Plan Map and Legislative Zoning Map amendment for thirteen
(13) parcels located approximately .22 miles southwest of the intersection of SW Old Clifton Rd
107
and Lloyd Pkwy. The amendment would change the Comprehensive Plan Land Use designation
from Industrial to Medium Density Residential (MDR), and the zoning designation from Light
Industrial (LI) to Residential 3 (R3).
Review Process:
The final comprehensive plan amendment agenda shall be determined by the City Council no later than
April 30, 2025. When the final agenda is approved, a public notice and comment period will be provided
in compliance with the Type V (legislative) permit process requirements in POMC 20.22.070 and
20.25.040. A public hearing will also be held per POMC 20.22.070(2), and a notice of the hearing will be
issued in compliance with POMC 20.25.050. The Planning Commission shall make its recommendations
regarding the proposed comprehensive plan amendments to the City Council no later than June 30,
2025. The City Council shall make a final decision on each proposed amendment by December 15, 2025.
Comments regarding the 2025 update to the City's Comprehensive Plan should be mailed to the City of
Port Orchard, Community Development Department, 720 Prospect Street, Port Orchard, WA 98366,
planning@portorchardwa.gov. For more information, email or call 360 874-5533.
2
108
DqM City of Port Orchard
ORCHARD216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Items: Adoption of a Resolution Approving a Contract for the Melcher Pump Station
Rehabilitation Project (Ryan)
Meeting Date: March 11, 2025
Prepared By: Sayre Thompson, PW Procurement Specialist
Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director
Summary and Background: The City identified the need for the Melcher Pump Station Rehabilitation
Project (the "Project"). The Melcher Pump Station is currently the only booster station between the
City's 260 and 390 pressure zones. It has passed its useful life and is badly in need of rehabilitation.
Replacing the aged and failing components of the pump station will extend the useful life of the pump
station into the next 50 years.
The City's Public Works Department applied for and received a loan through the Washington State
Public Works Board (PWB) Traditional Fund Loan Program. On October 12, 2021, the Port Orchard
City Council committed to the Project by accepting the Washington State Public Works Board (PWB)
Traditional Fund Loan which provided funding for the Project. On May 24, 2022, following a
procurement process that followed State Law and the City's Procurement Policies for Architectural
and Engineering Professional Services the City Council authorized a contract with Art Anderson
Associates for architecture and engineering design for the Project. With the design manual and plans,
completed by the Consultant, pursuant to State law and the City's Procurement Policies, as adopted
by Resolution No. 073-23, the City's Public Works Department utilized formal bidding and published an
Invitation to Bid (ITB) for the Project. The ITB was published in the Kitsap Sun and Daily Journal of
Commerce on November 15, 2024 and November 22,2024. On November 15, 2025, staff uploaded the
bid documents to the Washington Builder's Exchange and the City's Webpage. On January 14, 2025 by
the 1:00 p.m. bid deadline, the City Clerk received 3 sealed bids. After confirming that there were no
objections made and that there were no challenges to the Public Opening process, the 3 sealed bids
were opened and read aloud by the City Clerk. The City Clerk then prepared a Bid Tabulation form,
and the Public Works Department prepared a Bid Evaluation form (including applicable taxes, labor,
equipment, material, and fees), resulting in the initial determination that General Mechanical, Inc. was
the presumed lowest qualified, responsible, and responsive bid. The final bid amounts were as
follows:
General Mechanical, Inc. - $781,822.90
Triton Marine Construction Corp. - $892,390.78
Northwest Cascade, Inc. - $904,184.25
Relationship to Comprenhensive Plan: Chapter 7: Utilities
109
Recommendation: Staff recommends that the City Council adopt a Resolution Authorizing the Mayor
to execute a contract with General Mechanical Inc. for the Melcher Pump Station Rehabilitation
Project in the amount of $781,822.90 (applicable tax included).
Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute a contract
with General Mechanical, Inc. for the Melcher Pump Station Rehabilitation Project.
Has item been presented to Committee/Work Study? If so, which one: No
Fiscal Impact: The Melcher Pump Station Project is funded with a combination of local funds as well as
a $500K loan from the Washington State Public Works Board (PWB) Traditional Fund Loan Program.
The project has a budget of $975,000 for the 2025-2026 Biennial budget.
Alternatives: Do not approve and provide further guidance.
Attachments:
Resolution-Melcher _Pmp_Sta_Rehab.doc
CONTRACT - Melcher Pump Station.pdf
110
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT WITH GENERAL MECHANICAL, INC. FOR
THE MELCHER PUMP STATION REHABILITATION PROJECT AND DOCUMENTING
PROCUREMENT PROCEDURES.
WHEREAS, the City identified the need for the Melcher Pump Station Rehabilitation Project
(the "Project"), to rehabilitate the aging pump station, which will extend its useful life into the
next 50 years; and
WHEREAS, on October 12, 2021, the Port Orchard City Council committed to the Project by
accepting the Washington State Public Works Board (PWB) Traditional Fund Loan which provided
funding for the Project; and
WHEREAS, subsequent to a procurement process that followed State Law and the City's
Procurement Policies for Architectural and Engineering Professional Services, on May 24, 2022, the City
Council authorized a contract with Art Anderson Associates for architecture and engineering design for
the Project; and
WHEREAS, with the design now complete, pursuant to State law and the City's Procurement
Policies, as adopted by Resolution No. 073-23, the City's Public Works Department utilized formal
bidding and published an Invitation to Bid (ITB) for the Project; and
WHEREAS, the ITB was published in the Kitsap Sun and Daily Journal of Commerce on November
15, 2025 and November 22, 20 and on March 22, 2024, staff uploaded the bid documents to the
Washington Builder's Exchange and the City's Webpage
WHEREAS, on January 14, 2025, by the 1:00 p.m. bid deadline, the City Clerk received
three (3) sealed bids; and
WHEREAS, confirming that there were no objections made and that there were no
challenges to the Public Opening process, the three (3) sealed bids were opened and read
aloud; and
WHEREAS, the City Clerk then prepared a Bid Tabulation form, and the Public Works
Department prepared a Bid Evaluation form (including applicable taxes, labor, equipment,
material, and fees); and
WHEREAS, the Public Works Department also reviewed all materials and confirmed that
the bidding requirements for this public work have been followed; and
WHEREAS, on January 16, 2025 the City's Public Works Department Staff completed the
MRSC Mandatory Bidder Responsibility Checklist; and
111
WHEREAS, General Mechanical, Inc. is found to be the lowest responsible, qualified, and
responsive bidder; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their selection/procurement process as described above
for this particular contract by Resolution; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the Mayor to execute a Contract, in a form
acceptable to the City Attorney, with General Mechanical, Inc. for the Melcher Pump Station
Rehabilitation Project, in the amount of $781,822.90 (applicable sales tax included).
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 25th day of February, 2025.
ATTEST:
City Clerk, Brandy Wallace, MMC
Robert Putaansuu, Mayor
2 112
CONTRACT
CITY OF PORT ORCHARD
MELCHER PUMP STATION REHABILITATION
CONTRACT NO.
THIS CONTRACT ("Contract") is made and entered into this 27t" day of February 2025 by
and between the City of Port Orchard, a municipality incorporated and existing under the laws
of the State of Washington, hereinafter called the "City," and. General Mechanical, Inc.,
hereinafter called the "Contractor."
WITNESSETH:
I. General Provisions.
A. Description of Work.
The Contractor, in consideration of the covenants, agreements and payments to be performed
and made by the City, hereby covenants and agrees to furnish all labor, tools, materials,
equipment and supplies required for, and to execute, construct and finish in full compliance with
the Contract Documents, MELCHER PUMP STATION REHABILITATION. The Contractor further
agrees to perform all such work for the Contract Price stated in the Contractor's Bid Proposal
dated January 14, 2025 attached hereto and incorporated herein by this reference as if set forth
in full. Contractor further represents that the services furnished under this Agreement will be
performed in accordance with and as described in the Project Manual, attached plans and
specifications, and with the Port Orchard Municipal Code and the City's Public Works Standards.
All of these standards are by this reference incorporated herein and made a part hereof.
Contractor further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time such services are performed.
The Contract Documents include:
Exhibit A — Confirmed copy of the Proposal made by the Contractor on January 14, 2025,
including all attachments thereto, together with the Notice to Bidders/Instructions to
Bidders.
Exhibit B —The Project Manual for the Melcher Pump Station.
Exhibit C — Project Bid Set
Exhibit D—Technical Specifications
All Exhibits to this Contract are by this reference incorporated herein and made a part hereof as
if set forth in full.
City of Port Orchard
Melcher Pump Station
Project #PW2023-017
113
B. Time of Completion.
Time is of the essence of this Contract. It is agreed that the work covered by this Contract shall
start within 14 calendar days after Notice to Proceed is issued and that all construction shall be
complete within 219 working days after the Notice to Proceed Date. Additional working days
may be granted for delays in the arrival of Owner Furnished -Contractor Installed (OFCI)
equipment of more than 50 days.
C. Liquidated Damages.
It is further agree that the City will suffer damage and be put to additional expense in the event
that the Contractor shall not have the specified portions of the work completed in all its parts in
the time specified, and as it may be difficult to accurately compute the amount of such damage,
the Contractor expressly covenants and agrees to pay the City liquidated damages, the sum as
calculated by the equation shown in Section 1-08.9 of the WSDOT Standard Specifications, for
each and every working day said work is not complete beyond the time shown in the Proposal.
II. Non -Discrimination.
During the performance of this Contract, the Contractor, for itself, its assignees, and successors
in interest agrees to comply with the following non-discrimination statutes and authorities;
including but not limited to compliance with the following 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
City of Port Orchard
Melcher Pump Station
Project #PW2023-017
114
Federal -aid recipients, sub- recipients and contractors, whether such programs or
activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on
the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42
U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at
49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately
high and adverse human health or environmental effects on minority and low-income
populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful
access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Title VI of the Civil Rights Act of 1964
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
ensure that its contracts comply with these regulations.
Also, in accordance with Title VI, the City is required to include the following clauses in every
contract subject to Title VI and its related regulations.
Therefore, during the performance of this Contract, the Contractor, for itself, its assignees, and
successors in interest agrees as follows:
Compliance with Regulations: The Contractor 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 Contract.
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2. Nondiscrimination: The Contractor, with regard to the work performed by it during this
Contract, 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 Contractor will not participate
directly or indirectly in the discrimination prohibited by the Acts and the Regulations as
set forth herein, including employment practices when this Contract covers any activity,
project, or program set forth in Appendix B of 49 C.F.R. part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In
all solicitations, either by competitive bidding, or negotiation made by the Contractor 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
Contractor of the Contractor's obligations under this Contract and the Acts and the
Regulations relative to Non-discrimination on the grounds of race, color, national origin,
sex, age, disability, income -level, or LEP.
4. Information and Reports: The Contractor 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 Contractor is in the exclusive possession of another who fails or refuses
to furnish the information, the Contractor will so certify to the City or the FHWA, as
appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
Non-discrimination provisions of this Contract, the City will impose such contract
sanctions as it or the FHWA may determine to be appropriate, including, but not limited
to:
1. withholding payments to the Contractor under the Contract until the Contractor
complies; and/or
2. cancelling, terminating, or suspending the Contract, in whole or in part.
6. Incorporation of Provisions: The Contractor 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 Contractor 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 Contractor becomes involved in, or is
threatened with litigation by a subcontractor, or supplier because of such direction, the
Contractor may request the City to enter into any litigation to protect the interests of the
City. In addition, the Contractor may request the United States to enter into the litigation
to protect the interests of the United States.
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III. Public Records Act Chapter 42.56 RCW
Contractor understands that her/his bid response documents, and any contract documents may
be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be
required to disclose such documents upon a request. Contractor acknowledges that s/he has
been advised to mark any records believed to be trade secrets or confidential in nature as
"confidential." If records marked as "confidential" are found to be responsive to the request for
records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the
request so as to allow Contractor to seek a protective order from a Court. Contractor
acknowledges and agrees that any records deemed responsive to a public records request may
be released at the sole discretion of, and without notice by, the City.
IV. Termination
The City may terminate this contract for cause or for convenience.
• Termination for Cause. The City may, upon 7 days written notice to Contractor and to
its surety, terminate (without prejudice to any right or remedy of the City) the contract,
or any part of it, for cause upon the occurrence of any one or more of the following
events: Contractor fails to complete the work or any portion thereof with sufficient
diligence to ensure substantial completion of the work within the contract time;
Contractor is adjudged bankrupt, makes a general assignment for the benefit of its
creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a
material way to replace or correct work not in conformance with the Contract
Documents, Contractor repeatedly fails to supply skilled workers or proper materials or
equipment; Contractor materially disregards or fails to comply with laws, ordinances,
rules, regulations, or orders of any public authority having jurisdiction; or Contractor is
otherwise in material breach of any provision of the contract. Upon termination, the City
may, at its option, take possession of or use all documents, materials, equipment, tools,
and construction equipment and machinery thereon owned by Contractor to maintain
the orderly progress of, and to finish, the work, and finish the work by whatever other
reasonable method it deems expedient.
• Termination for Convenience. The City may, upon written notice, terminate (without
prejudice to any right or remedy of the City) the contract, or any part of it, for the
convenience of the City.
• Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled
to make a request for an equitable adjustment for its reasonable direct costs incurred
prior to the effective date of the termination, plus a reasonable allowance for overhead
and profit on work performed prior to termination, plus the reasonable administrative
costs of the termination, but shall not be entitled to any other costs or damages,
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whatsoever, provided however, the total sum payable upon termination shall not exceed
the Contract Sum reduced by prior payments.
V. Corporate Surety Bond
With this Contract, Contractor is furnishing a Corporate Surety Bond in the amount of
Dollars ($ ) with
as Surety, to ensure full compliance, execution and performance of this Contract by the
Contractor in accordance with all its terms and provisions.
VI. Independent Contractor.
The parties intend that an Independent Contractor -Employer Relationship will be created by this
Agreement and that the Contractor has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained under this Agreement.
VII. Employment of State Retirees.
The City is a "DRS-covered employer" which is an organization that employs one or more
members of any retirement system administered by the Washington State Department of
Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is
required to elicit on a written form if any of the Contractor's employees providing services to the
City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an
individual who retired using the 2008 ERFs, and whether the nature of the service and
compensation would result in a retirement benefit being suspended. Failure to make this
determination exposes the City to significant liability for pension overpayments. As a result,
before commencing work under this Agreement, Contractor shall determine whether any of its
employees providing services to the City or any of the Contractor's owners retired using the 2008
ERFs, and shall immediately notify the City and shall promptly complete the form provided by the
City after this notification is made. This notification to DRS could impact the payment of
retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend,
and hold harmless the City from any and all claims, damages, or other liability, including
attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or
resulting from Contractor's failure to comply with the terms of this provision. This provision shall
survive termination of this Agreement.
Vill. Changes.
The City may issue a written change order for any change in the Contract work during the
performance of this Agreement. If the Contractor determines, for any reason, that a change
order is necessary, Contractor must submit a written change order request to the person listed
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in the Notice provision section of this Agreement, within fourteen (14) calendar days of the date
Contractor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Contractor's costs or
time for performance, the City will make an equitable adjustment. The City will attempt, in good
faith, to reach agreement with the Contractor on all equitable adjustments. However, if the
parties are unable to agree, the City will determine the equitable adjustment as it deems
appropriate. The Contractor shall proceed with the change order work upon receiving either a
written change order from the City or an oral order from the City before actually receiving the
written change order. If the Contractor fails to require a change order within the time specified
in this paragraph, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the
equitable adjustment, the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided in subsections A through E of Section
IX entitled, "Claims," below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change order that
is accepted by Contractor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
IX. Claims. If the Contractor disagrees with anything required by a change order, another
written order, or an oral order from the City, including any direction, instruction, interpretation,
or determination by the City, the Contractor may file a claim as provided in this section. The
Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of
the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of
the date the Contractor knew or should have known of the facts or events giving rise to the claim,
whichever occurs first. Any claim for damages, additional payment for any reason, or extension
of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been
waived by the Contractor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in subsections
A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME
ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE
FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
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1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate was
determined; and
5. An analysis of the progress schedule showing the schedule change or disruption if
the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time incurred as
a result of the asserted events giving rise to the claim. The City shall have access to any of the
Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the City
determines that a claim is valid, the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or oral
order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of
this section, the Contractor completely waives any claims for protested work and accepts from
the City any written or oral order (including directions, instructions, interpretations, and
determination).
X. Limitation Of Actions.
CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH
THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS
COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
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XI. Warranty.
Upon acceptance of the contract work, Contractor must provide the City a two-year warranty
bond in the amount of twenty percent (20%) of the contract price a form and amount acceptable
to the City. The Contractor shall correct all defects in workmanship and materials within two (2)
years from the date of the City's acceptance of the Contract work, including replacing vegetation
that fails to thrive. In the event any parts are repaired or replaced, only original replacement
parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected,
the warranty for that portion of the work shall extend for one (1) additional year from the date
such correction is completed and accepted by the City. The Contractor shall begin to correct any
defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the
Contractor does not accomplish the corrections within a reasonable time as determined by the
City, the City may complete the corrections and the Contractor shall pay all costs incurred by the
City in order to accomplish the correction.
XII. Indemnification.
Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents
and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all
legal costs and attorney fees, arising out of or in connection with the Contractor's performance
of this Agreement, except for that portion of the injuries and damages caused by the sole
negligence of the City.
The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
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 Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification. The parties further acknowledge that they have
mutually negotiated this waiver.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
AGREEMENT.
XIII. Insurance.
The Contractor 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
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the performance of the work hereunder by the Contractor, its agents, representative, employees
or subcontractors.
No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be
construed to limit the liability of the Contractor to the coverage provided by such insurance, or
otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described
below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products -completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of
the Commercial General Liability insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with respect to the work
performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and
Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute
endorsements providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Builders Risk insurance covering interests of the City, the Contractor,
Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on
a all-risk policy form and shall insure against the perils of fire and extended coverage and
physical loss or damage including flood and earthquake, theft, vandalism, malicious
mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance
covering the work will have a deductible of $5,000 for each occurrence, which will be the
responsibility of the Contractor. Higher deductibles for flood and earthquake perils may
be accepted by the City upon written request by the Contractor and written acceptance
by the City. Any increased deductibles accepted by the City will remain the responsibility
of the Contractor. The Builders Risk insurance shall be maintained until final acceptance
of the work by the City.
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B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -
completed operations aggregate limit.
3. Builders Risk insurance shall be written in the amount of the completed value of
the project with no coinsurance provisions.
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability, Commercial General Liability and
Builders Risk insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the
City. Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Contractor's insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
D. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility
for all loss or damage from any cause whatsoever to any tools, Contractor's employee -owned
tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the
Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding
and protective fences.
E. Waiver of Subrogation. The Contractor and the City waive all rights against each other
any of their Subcontractors, Sub -subcontractors, agents and employees, each of the other, for
damages caused by fire or other perils to the extend covered by Builders Risk insurance or other
property insurance obtained pursuant to the Insurance Requirements Section of this Contract or
other property insurance applicable to the work. The policies shall provide such waivers by
endorsement or otherwise.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than ANIL
G. Verification of Coverage. Contractor 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 Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work. Before any exposure to loss may
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occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that
includes all applicable conditions, exclusions, definitions, terms and endorsements related to this
Project.
H. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a
minimum the same insurance coverage and limits as stated herein for the Contractor (with the
exception of Builders Risk insurance). Upon request the City, the Contractor shall provide
evidence of such insurance.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for
any loss of or damage to materials, tools, or other articles used or held for use in connection with
the work.
XV. Miscellaneous Provisions.
A. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of
the covenants and agreements contained in this Agreement, or to exercise any option conferred
by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
B. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to
settle any dispute, difference or claim arising from the parties' performance of this Agreement,
the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit
exclusively under the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap
County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XII of this Agreement.
C. Written Notice. All communications regarding this Agreement shall be sent to the parties
at the addresses listed on the signature page of the Agreement, unless notified to the contrary.
Any written notice hereunder shall become effective three (3) business days after the date of
mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the
addressee at the address stated in this Agreement or such other address as may be hereafter
specified in writing.
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D. Assignment. Any assignment of this Agreement by either party without the written
consent of the non -assigning party shall be void. If the non -assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no further
assignment shall be made without additional written consent.
E. Modification. No waiver, alteration, or 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 Contractor.
F. Entire Agreement. The written provisions and terms of this Agreement, together with
any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the City, and such statements shall not be effective or be construed as entering
into or forming a part of or altering in any manner this Agreement. All of the above documents
are hereby made a part of this Agreement. However, should any language in any of the Exhibits
to this Agreement conflict with any language contained in this Agreement, the terms of this
Agreement shall prevail.
G. Compliance with Laws. The Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Contractor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
H. 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.IN
WITNESS WHEREOF the parties hereto have caused these presents to be duly executed.
CITY OF PORT ORCHARD
JM
Robert Putaansuu, Mayor
CONTRACTOR
By:
Title:
Address:
ATTEST:
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Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte Archer, City Attorney
NOTICES TO BE SENT TO:
CONTRACTOR:
NAME
ADDRESS
TELEPHONE
Email
City of Port Orchard
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CITY
NAME: Robert Putaansuu, Mayor
216 Prospect Street, Port Orchard, WA 98366
TELEPHONE: 360 876-4407
Email: CityClerk@portorchardwa.gov
With a copy to the City Clerk at the same address
126
Contractor:
Project Name:
Date:
5% RETAINAGE INVESTMENT OPTION'
Project Number:
EXHIBIT
Pursuant to RCW 60.28.010, as amended, you may exercise an option as to how the 5% retainage under this
contract will be invested. Please complete and sign this form indication your preference. If you fail to do so
you will miss the benefit of any interest earned. Select one of the following options:
F-1 1. Savings Account: Money will be placed in an interest -bearing account. The interest will be
paid to you directly, rather than kept on deposit. If this is your choice, then please complete
attached SAVINGS ACCOUNT AGREEMENT. Please state the name of your bank.
Bank:
2. Escrow/Investments: The City will deliver retainage checks to a selected bank, pursuant
to an escrow agreement. The bank will then invest the funds in securities or bonds selected by you,
and interest will be paid to you as it accrues. If this is your choice then please complete attached
ESCROW AGREEMNT.
Preferred Bank:
Securities/Bonds:
F-1
3. Guarantee Deposit: Retainage will be held by the City. No interest is payable to the Contractor
Retainage is normally released 45 days after final acceptance of the work or following receipt of Labor and
Industries/Department of Revenue clearance, whichever date is the later. Retainage on landscaping work
may be longer, due to its seasonal nature. However, if this project is subject to grant funding, then the
retainage may also be held until such time as the Contractor meets its obligations to the City to provide
required information and documentation for compliance with the grant funding requirements.
State law allows for limited early release of retainage in certain circumstance.
Contractor's Signature
Title
' If the Contractor opts to post a retainage bond under RCW 60.28.011, such bond shall be in a form acceptable to the
City, shall be with a surety with a minimum of A.M. Best financial strength rating of a minimum of A-.
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SAVING ACCOUNT AGREEMENT
TO BANK:
BANK'S ADDRESS:
AGENCY: CITY OF PORT ORCHARD
216 Prospect Street
Port Orchard WA 98366
CONTRACT NO:
PROJECT TITLE:
SAVINGS ACCOUNT NO:
The estimated completion date of contract is:
The undersigned, , herein referred to as
the CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washington, hereinafter referred to as the
AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such
warrants are to be held and disposed of by you in accordance with the following instructions and upon the
terms and conditions hereinafter set forth.
INSTRUCTIONS
1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you shall be
endorsed by you and forwarded for collection. The moneys will then be placed by you in an interest -
bearing savings account.
2. When and as interest on the savings account accrues and is paid, you shall collect such interest and
forward it to the CONTRACTOR at its address designated below unless otherwise director by the
CONTRACTOR.
3. You are not authorized to deliver to the CONTRACTOR all or any part of the principal held by you
pursuant to this agreement, except in accordance with written instruction from the AGENCY.
Compliance with such instructions shall relieve you of any further liability related thereto.
4. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows:
Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted
from any moneys placed with you pursuant to this agreement until and unless the AGENCY directs
the release to the CONTRACTOR, whereupon you shall be granted a first lien upon such moneys
released and shall be entitled to reimburse yourself from such moneys for the entire amount of your
fees as provided for herein above. In the event that you are made a party to any litigation with respect
to the moneys held by you hereunder, or in the event that the conditions of this agreement are not
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promptly fulfilled, or that you are required to render any service not provided for in these
instructions, or that there is any assignment of the interests of this agreement, or any modification
hereof, you shall be entitled to reasonable compensation for such extraordinary services from the
CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including
attorney fees occasioned by such default, delay, controversy or litigation.
5. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and
accepted by you.
6. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY.
You are not a party to nor bound by any instrument or agreement other than this. You shall not be
required to take notice of any default or any other matter nor be bound by nor required to give notice
or demand, nor required to take any action whatever except as herein expressly provided. You shall
not be liable for any loss or damage not caused by your own negligence or willful misconduct.
7. The foregoing provisions shall be binding upon the assigns, successors, personal representative and
heir of the Parties hereto.
Contractor
CITY OF PORT ORCHARD
Agency
BY: BY:
Title:
Date:
Address:
Date:
The above savings account agreement and instruction received and accepted this
,20
Bank Name
Authorized Bank Officer
City of Port Orchard
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day of
129
TO BANK:
BANK'S ADDRESS:
ESCROW AGREEMENT
ESCROW NO.:
AGENCY: CITY OF PORT ORCHARD
216 Prospect Street
Port Orchard WA 98366
CONTRACT NO.:
PROJECT TITLE:
The estimated completion date of contract is:
The undersigned, , herein referred to as the
CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washington, hereinafter referred to as the
AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly.
Such warrants are to be held and disposed of by you in accordance with the following instructions
and upon the terms and conditions hereinafter set forth.
INSTRUCTIONS
1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you
shall be endorsed by you and forwarded for collection. The moneys will then be used by you
to purchase, as directed by the CONTRACTOR, bonds or other securities chosen by the
CONTRACTOR and approved by the AGENCY. Attached is a list of such bonds, or other
securities approved by the AGENCY. Other bonds or securities, except stocks may be
selected by the CONTRACTOR, subject to express written approval of the AGENCY. Purchase
of such bonds or other securities shall be in a form which shall allow you alone to reconvert
such bonds or other securities into money if you are required to do so by the AGENCY as
provided in Paragraph 4 of this Escrow Agreement.
2. When and as interest on the securities held by you pursuant to this agreement accrues and
is paid, you shall collect such interest and forward it to the CONTRACTOR at its address
designated below unless otherwise directed by the CONTRACTOR.
City of Port Orchard
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Project #PW2023-017
130
3. You are not authorized to deliver to the CONTRACTOR all or any part of the securities held
by you pursuant to this agreement (or any moneys derived from the sale of such securities,
or the negotiation of the AGENCY'S warrants) except in accordance with written instructions
from the AGENCY. Compliance with such instruction shall relieve you of any further liability
related thereto.
4. In the event the AGENCY orders you to do so in writing, you shall within thirty-five (35) days
of receipt of such order, reconvert into money the securities held by you pursuant to this
agreement and return such money together with any other moneys held by you hereunder,
to the AGENCY.
5. The CONTRACTOR agrees to pay you as compensation for your services hereunder as
follows:
Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be
deducted from any property placed with you pursuant to this agreement until and unless
the AGENCY directs the release to the CONTRACTOR of the securities and moneys held
hereunder whereupon you shall be granted a first lien upon such property released and shall
be entitled to reimburse yourself from such property for the entire amount of your fees as
provided for herein above. In the event that are made a party to any litigation with respect
to the property held by you hereunder, or in the event that the conditions of this escrow are
not promptly fulfilled or that you are required to render any service not provided for in these
instructions, or that there is any assignment of the interest of this escrow or any modification
hereof, you shall be entitled to reasonable compensation for such extraordinary services
from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and
expenses, including attorney fees occasioned by such default, delay, controversy or
litigation.
6. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY
and accepted by you.
7. This instrument contains the entire agreement between you, the CONTRACTOR and the
AGENCY with respect to this escrow and you are not a party to nor bound by any instrument
or agreement other than this; you shall not be required to take notice of any default or any
other matter nor be bound by nor be bound by nor required to give notice or demand , nor
required to take action whatever except as herein expressly provided; you shall not be liable
for any loss or damage not caused by your own negligence or willful misconduct.
City of Port Orchard
Melcher Pump Station
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131
The foregone provision shall be binding upon the assigns, successors, personal representative, and
heir of the Parties hereto.
Contractor
By:
Title:
Date:
Address:
CITY OF PORT ORCHARD
Agency
0
Date:
The above escrow agreement and instruction received and accepted this day of
20
Bank Name
Authorized Bank Officer
SECURITIES AUTHORIZED BY AGENCY
1. Bills, certificates, notes or bonds of the United States;
2. Other obligations of the United States or its agencies;
3. Obligation of any corporation wholly -owned by the government of the United States;
4. Indebtedness of the Federal Nation Mortgage Association; and
5. Time deposits in commercial banks.
City of Port Orchard
Melcher Pump Station
Project #PW2023-017
132
PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
MELCHER PUMP STATION REHABILITATION
PUBLIC WORKS PROJECT NO. PW2023-017
Bond to City of Port Orchard, Washington
Bond No.
We, , and
(Principal) (Surety)
a Corporation, and as a surety corporation authorized
to become a surety upon Bonds of Contractors with municipal corporations in Washington State,
are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal
sum of Dollars
($ ), the payment of which sum, on demand, we bind ourselves and our
successors, heirs, administrators, executors, or personal representatives, as the case may be. This
Performance Bond is provided to secure the performance of Principal in connection with a
contract dated , 20_, between Principal and Owner for a project entitled
Melcher Pump Station ("Project") — Public Works Project No. PW2023-017 ("Contract"). The
initial penal sum shall equal 100 percent of the Total Bid Price, including all applicable state sales
tax, as specified in the Proposal submitted by Principal.
NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon
the condition that Principal:
Faithfully performs all provisions of the Contract and changes authorized by Owner in the
manner and within the time specified as may be extended under the Contract;
Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material -persons,
and all other persons or agents who supply labor, equipment, or materials to the Project;
Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82
RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which
the bond is conditioned on the payment of such taxes, increases and penalties; and
Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be
in the amount of twenty percent (20%) of the project costs.
Provided, further that this bond shall remain in full force and effect until released in writing by
the City at the request of the Surety or Principal.
City of Port Orchard
Melcher Pump Station
Project #PW2023-017
133
The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect
loss resulting from the failure:
Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors
of the Principal) to faithfully perform the Contract, or
Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay
all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or
any other person who provides supplies or provisions for carrying out the work.
The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.
No change, extension of time, alteration, or addition to the terms of the Contract or to the Work
to be performed under the Contract shall in any way affect Surety's obligation on the
Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or
addition to the terms of the Contract or the Work, with the exception that Surety shall be notified
if the Contract time is extended by more than twenty percent (20%).
If any modification or change increases the total amount to be paid under the Contract, Surety's
obligation under this Performance and Payment Bond shall automatically increase in a like
amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of
the Performance and Payment Bond without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and construed by the laws of the State
of Washington, and venue shall be in Kitsap County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical
counterparts this day of , 20
Principal
Surety
Signature of Authorized Official Signature of Authorized Official
By
Printed Name and Title Attorney in Fact (Attach Power of Attorney)
Name and address of local office of
Agent and/or Surety Company:
Surety companies executing bonds must appear on the current Authorized Insurance List in the
State of Washington on file with the Office of Insurance Commissioner.
City of Port Orchard
Melcher Pump Station
Project #PW2023-017
134
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF )
)ss.
COUNTY OF )
On this day of , 20 , before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally
appeared , to me known to be the (check one of the following
boxes):
0 of , the
corporation,
0 of , the
partnership,
0 individual,
that executed the foregoing instrument to be the free and voluntary act and deed of said 0
corporation, 0 partnership, 0 individual for the uses and purposes therein mentioned, and on
oath stated that they are authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at
My Commission expires:
Notary Seal with Ink Stamp
City of Port Orchard
Melcher Pump Station
Project #PW2023-017
135
SURETY ACKNOWLEDGEMENT
STATE OF )
)ss.
COUNTY OF
On this day of , 20 , before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared , to me known to be the
of , the corporation that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said corporation, for the uses and purposes therein mentioned, and on oath stated that they are
authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing
My Commission expires:
Notary Seal With Ink Stamp
City of Port Orchard
Melcher Pump Station
Project #PW2023-017
136
RE
CITY OF PORT ORCHARD
MAINTENANCE/WARRANTY BOND
NOTE: This form must be completed at Contract Completion. Before the Performance Bond or the
retainage can be released, the City must receive the two year Maintenance /Warranty Bond
Project Name: Melcher Pump
Owner/Developer/Contractor
Project Address:
Project #:PW2023-017
Surety Bond #:
Date Posted:
Expiration Date:
Station Rehabilitation
KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter
called the "Principal"), and , a corporation organized under the laws of
the State of , and authorized to transact surety business in the State of
Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port
Orchard, Washington, in the sum of
dollars ($ ) 20% of the total contract amount, lawful money of the United
States of America, for the payment of which sum we and each of us bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, by these presents. THE
CONDITIONS of the above obligation are such that:
WHEREAS, the above named Principal has constructed and installed certain
improvements on public property in connection with a project as described above within the City
of Port Orchard; and
WHEREAS, the Principal is required to post a bond for the twenty-four (24) months
following written and final acceptance of the project in order to provide security for the
obligation of the Principal to repair and/or replace said improvements against defects in
workmanship, materials or installation during the twenty-four (24) months after written and final
approval/acceptance of the same by the City;
NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to
the City. It is understood and agreed that this obligation shall continue in effect until released in
writing by the City, but only after the Principal has performed and satisfied the following
conditions:
A. The work or improvements installed by the Principal and subject to the terms and
conditions of this Bond are as follows: (insert complete description of work here)
City of Port Orchard
Melcher Pump Station
Project #PW2023-017
137
B. The Principal and Surety agree that the work and improvements installed in the above -
referenced project shall remain free from defects in material, workmanship and installation (or,
in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written
and final acceptance of the same and approval by the City. Maintenance is defined as acts carried
out to prevent a decline, lapse or cessation of the state of the project or improvements as
accepted by the City during the twenty-four (24) month period after final and written acceptance,
and includes, but is not limited to, repair or replacement of defective workmanship, materials or
installations.
C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any
damage or defects in workmanship, materials or installation to the City -owned real property on
which improvements have been installed and leave the same in as good condition or better as it
was before commencement of the work.
D. The Principal and the Surety agree that in the event any of the improvements or
restoration work installed or completed by the Principal as described herein, fail to remain free
from defects in materials, workmanship or installation (or in the case of landscaping, fail to
survive), for a period of twenty-four (24) months from the date of approval/acceptance of the
work by the City, the Principal shall repair and/replace the same within ten (10) days of demand
by the City, and if the Principal should fail to do so, then the Surety shall:
1. Within twenty (20) days of demand of the City, make written commitment to the
City that it will either:
a). remedy the default itself with reasonable diligence pursuant to a time
schedule acceptable to the City; or
b). tender to the City within an additional ten (10) days the amount necessary,
as determined by the City, for the City to remedy the default, up to the
total bond amount.
Upon completion of the Surety's duties under either of the options above, the Surety shall
then have fulfilled its obligations under this bond. If the Surety elects to fulfill its
obligation pursuant to the requirements of subsection D(1)(b), the City shall notify the
Surety of the actual cost of the remedy, upon completion of the remedy. The City shall
return, without interest, any overpayment made by the Surety, and the Surety shall pay
to the City any actual costs which exceeded the City estimate, limited to the bond amount.
2. In the event the Principal fails to make repairs or provide maintenance within the time
period requested by the City, then the City, its employees and agents shall have the
right at the City's sole election to enter onto said property described above for the
purpose of repairing or maintaining the improvements. This provision shall not be
construed as creating an obligation on the part of the City or its representatives to
repair or maintain such improvements.
City of Port Orchard
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Project #PW2023-017
138
E. Corrections. Any corrections required by the City shall be commenced within ten (10)
days of notification by the City and completed within thirty (30) days of the date of notification.
If the work is not performed in a timely manner, the City shall have the right, without recourse
to legal action, to take such action under this bond as described in Section D above.
F. Extensions and Changes. No change, extension of time, alteration or addition to the work
to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond,
unless the City specifically agrees, in writing, to such alteration, addition, extension or change.
The Surety waives notice of any such change, extension, alteration or addition thereunder.
G. Enforcement. It is specifically agreed by and between the parties that in the event any
legal action must be taken to enforce the provisions of this bond or to collect said bond, the
prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the
reasonable costs of securing the obligation hereunder. In the event of settlement or resolution
of these issues prior to the filing of any suit, the actual costs incurred by the City, including
reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said
costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the
proceeds of this bond, but also over and above said bond as a part of any recovery (including
recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this bond shall
be governed by the laws of the State of Washington. Venue of any litigation arising out of this
bond shall be in Kitsap County Superior Court.
H. Bond Expiration. This bond shall remain in full force and effect until the obligations
secured hereby have been fully performed and until released in writing by the City at the request
of the Surety or Principal.
DATED this day of 120.
SURETY COMPANY DEVELOPER/OWNER
(Signature must be notarized) (Signature must be notarized)
By: By:
Its: Its:
Business Name:
Business Address:
City/State/Zip Code:
Telephone Number:
City of Port Orchard
Melcher Pump Station
Project #PW2023-017
Business Name:
Business Address:
City/State/Zip Code:
Telephone Number:
CHECK FOR ATTACHED NOTARY SIGNATURE
Developer/Owner (Form P-1)
Surety Company (Form P-2)
139
FORM P-1 / NOTARY BLOCK
(Developer/Owner)
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged as the
of
that they
signed this instrument, on oath stated that they are authorized to execute the instrument and
acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard
Melcher Pump Station
Project #PW2023-017
140
FORM P-2/NOTARY BLOCK
(Surety Company)
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged as the
of
that they
signed this instrument, on oath stated that they are authorized to execute the instrument and
acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard
Melcher Pump Station
Project #PW2023-017
141
DqMORCHARP
Meeting Location:
Council Chambers
216 Prospect street
Port Orchard, WA 98366
City Council
Minutes
Contact us:
Phone (360) 876-4407
cityhall@portorchardwa.gov
www.portorchardwa.gov
Regular Meeting of Tuesday, February 11, 2025
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
Fred Chang, Councilmember, Position No. 6
Scott Diener, Mayor Pro-Tempore, Position No. 3
Jay Rosapepe, Councilmember, Position No. 2
Mark Trenary, Councilmember, Position No. 1
Absent: Eric Worden, Councilmember, Position No. 4
Staff present: Public Works Director Ryan, DCD Director Bond, City Attorney Archer, Chief of
Police Brown, City Clerk Wallace and Deputy City Clerk Floyd.
Audio/Visual was successful.
1. CALL TO ORDER
A. Pledge of Allegiance
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
Mayor Putaansuu pointed out a couple scrivener's errors on the agenda; the minutes for the
January 14, 2025, and January 28, 2025, Council Meeting minutes are regular meeting
minutes, not work study meeting minutes.
Additionally, he said there will be an executive session after the Council meeting with no
action to follow.
Moved by Fred Chang; seconded by Heidi Fenton to Remove Consent Agenda 4C, Adoption of a
Resolution Approving the Final Plat of the Ridge at Stetson Heights and move to Business Items.
Motion Carried: 4 — 2
142
Voting For: Fred Chang, Scott Diener, Heidi Fenton, John Morrissey
Voting Against: Mark Trenary, Jay Rosapepe
Moved by John Morrissey; seconded by Jay Rosapepe to Approve the Agenda as amended.
Motion Carried: 6 - 0
Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Heidi Fenton, John Morrissey
Voting Against: None
Carol Kowalski, South Kitsap Public Education Foundation, introduced herself and spoke to
strong schools. She also invited Council to an event on April 25th for the very first South Kitsap
Night of Inspiration & Impact at McCormick Woods.
Robert McGee asked Council if his time could exceed the 3-minute time limit. If not, he does
have a prepared, shorter speech.
Moved by Heidi Fenton; seconded by John Morrissey to Authorize Robert McGee to speak for 5
minutes.
Voting For: Fred Chang, Heidi Fenton, John Morrissey
Voting Against: Mark Trenary, Jay Rosapepe, Scott Diener
As the motion was tied, Mayor Putaansuu had the deciding vote. He voted nay.
The motion failed.
Robert McGee voiced his concerns with Cabaret licenses and asked the City to look into
removing the Cabaret license requirements in the City.
Troy W. spoke about his history in Port Orchard and provided a brief background on his life.
4. CONSENT AGENDA
Moved by John Morrissey; seconded by Jay Rosapepe to Approve the Consent Agenda as
amended.
Motion Carried: 6 - 0
Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Heidi Fenton, John Morrissey
Voting Against: None
Minutes of the February 11, 2025, City Council Meeting 143
Page 2 of 5
A. Approval of Vouchers and Electronic Payments
Approval of Voucher Nos. 88735 through 88773 including bank drafts in the amount
of $67,871.98 and EFT's in the amount of $244,996.77 totaling $312,868.75.
B. Approval of Payroll and Direct Deposits
Approval of Payroll Check Nos. 88730 through 88734 including bank drafts and EFT's in
the amount of $289,724.68 and Direct Deposits in the amount of $275,579.49 totaling
$565,304.17.
C. Adoption of a Resolution Approving the Final PIt of the Ridge at Stetson
Heights MOVED TO BUSINESS ITEMS
D. Approval of an Agreement with Newalen LLC Regarding Services for Derelict
Vessel Removal
E. Approval of the January 14, 2025, City Council Regular Meeting Minutes
F. Approval of the January 21, 2025, City Council Study Meeting Minutes
G. Excusal of Councilmember Worden for Personal Obligation
5. PRESENTATION
There were no presentations.
[-�lII 1 14:L1_1.1V10
There were no public hearings.
A. Approval of the January 28, 2025, City Council Regular Meeting Minutes
Moved by Jay Rosapepe; seconded by Mark Trenary to Approve the minutes of January 28th as
presented.
Motion Carried: 5- 0
Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Heidi Fenton, John Morrissey
Voting Against: None
Abstaining: Scott Diener
B. Adoption of a Resolution Approving the Final Plat of the Ridge at Stetson Heights
Moved by Fred Chang; seconded by Scott Diener to Approve a resolution granting final
plat of the Ridge at Stetson Heights.
Motion Carried: 6 - 0
Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Heidi Fenton, John Morrissey
Voting Against: None
Minutes of the February 11, 2025, City Council Meeting
144
Page 3 of 5
8. DISCUSSION ITEMS
There were no discussion items.
9. REPORTS OF COUNCIL COMMITTEES
A. Council Advisory Committees
Councilmember Morrissey reported on the February 10th Economic Development and
Tourism Committee meeting.
Councilmember Rosapepe reported on the February 11th Utilities Committee meeting and the
February 11th Sewer Advisory Committee meeting.
Councilmember Morrissey briefly reported on reopening lodging tax applications for only
FIFA related items.
10. REPORT OF MAYOR
The Mayor reported on the following:
• Federal transportation funding and impacts to Washington state.
11. REPORT OF DEPARTMENT HEADS
Public Works Director Ryan recognized staff for their hard work during the snow and ice.
DCD Director Bond spoke about the collection of school impact fees and a report that was sent
to Council.
City Attorney Archer reported on legislation including the Public Records Act amendment, the
use of Al being a mandatory bargaining effort with unions, and the utilization of public property
use.
Chief of Police Brown recognized his staff and spoke to the recertification process and urged
everyone to call 911 if they want a police officer for an emergency or non -emergency
matter.
City Clerk Wallace spoke about a new email distribution list with Constant Contacts.
12. CITIZEN COMMENTS
Troy W. voiced concerns with his neighbor trying to damage old growth along his property and
possible effects to the greenbelt.
Councilmember Chang explained there is a code enforcement issue on this topic.
13. GOOD OF THE ORDER
Minutes of the February 11, 2025, City Council Meeting 145
Page 4 of 5
Councilmember Trenary gave a shout out to public works regarding the snow and ice and
the installation of pickleball nets at Van Zee Park.
Councilmember Morrissey thanked Robert McGee for speaking about the Cabaret licenses
and said this may addressed with the Economic Development and Tourism Committee.
Councilmember Diener said the Cabaret license topic may be a Land Use Committee discussion
as well.
Councilmember Rosapepe thanked all the citizens who are voting and spoke about a
McCormick Woods Homeowners Association meeting he and Councilmember Worden
attended.
14. EXECUTIVE SESSION
At 7:22 p.m., Mayor Putaansuu recessed the meeting for a 15-minute executive session
pursuant to RCW 42.30.100(1)(i). City Attorney Archer was invited to attend and City Attorney
Archer noted no action would follow.
Mayor Putaansuu did not join the Executive Session.
At 7:37 p.m., Mayor Putaansuu reconvened the meeting back into session.
15. ADJOURNMENT
The meeting adjourned at 7:37 p.m.
Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor
Minutes of the February 11, 2025, City Council Meeting 146
Page 5 of 5
CITY COUNCIL ADVISORY COMMITTEE MEETING DATES
STANDING COMMITTEE
Date & Time
Location
Economic Development and Tourism
March 10, 2025; 9:30am
Remote Access
Utilities
March 11, 2025; 4:30pm
Remote Access
Finance
March 18, 2025; 4:00pm
Remote Access
Transportation
March 25, 2025; 4:30pm
Remote Access
Land Use
March 19, 2025; 4:30pm
Remote Access
Lodging Tax Advisory
TBD, 2025
Remote Access
Sewer Advisory
May 13, 2025; 3:00pm
WSUD
Outside Agency Committees
Varies
Varies
Coffee with the Council
April 5, 2025; 10:OOAM
701 Bay Street
'Dates subject to change
MAYOR
Robert (Rob) Putaansuu
Mayor
Administrative Official
CITY COUNCIL
Scott Diener
Councilmember Position 3
(Mayor Pro-Tempore)
Land Use Committee
Transportation Committee, Chair
Kitsap Public Health District
Eric Worden
Councilmember Position 4
Land Use Committee
Utilities/Sewer Advisory Committee
KRCC-alt
DEPARTMENT DIRECTORS
Tim Drury
Municipal Court Judge
Matt Brown
Police Chief
Mark Trenary
Councilmember Position 1
Finance Committee, Chair
Transportation Committee,
KRCC
PS RC -a It
Heidi Fenton
Councilmember Position 5
Utilities/Sewer Advisory Committee
E/D &Tourism Committee
Transportation Committee
Debbie Lund, CEBS SPHR SHRM-SCP
Human Resources Director
Nicholas Bond, AICP
Community Development Director
Jay Rosapepe
Councilmember Position 2
Utilities/Sewer Advisory Committee, Chair
Land Use Committee, Chair
KEDA-alt
Fred Chang
Councilmember Position 6
E/D & Tourism Committee
Finance Committee
Noah Crocker, M.B.A.
Finance Director
Denis Ryan, CPWP-M, CPRP
Public Works Director
John Morrissey
Councilmember Position At -Large
Finance Committee
E/D & Tourism Committee
Lodging Tax, Chair
Kitsap Economic Development Alliance
PSRC EDD-alt
Brandy Wallace, MMC, CPRO
City Clerk
147