The URL can be used to link to this page

Home My WebLink About03/25/2025 - Regular - Packet0�84 Meeting Location: Contact us: ORCHARD Council Chambers Phone (3potorchad 216 Prospect Street cityhall@portorchardwa.gov Port Orchard, WA 98366 www.portorchardwa.gov City Council Regular Meeting Tuesday, March 25, 2025 6:30 PM Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the City Council is conducting its public meeting in a hybrid format with options for in -person attendance in the Council Chambers at City Hall or remote viewing and participation via Zoom (link below). The meeting is streamed live on the City's YouTube channel, click here. Remote Access Link: https://us02web.zoom.usA/84968288831 Zoom Meeting ID: 849 6828 8831 Zoom Call -In: 1 253 215 8782 Guiding Principles Are we raising the bar in all of our actions? Are we honoring the past, but not living in the past? Are we building positive connections with our community and outside partners? Is the decision -making process building a diverse, equitable, and inclusive community? 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZEN COMMENTS (This is an opportunity for citizens to address the City Council on agenda items that are not associated with a Public Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the official record. If you are attending remotely by Zoom via telephone, enter *9 from your keypad to raise your hand.) C!I�L�I►�� ► Cia►U7_1 (Items listed are to be considered routine in nature and are grouped together in a single motion. A Councilmember may remove an item for separate consideration upon request. In the event of such request, the item is placed under Business Items.) A. Approval of Vouchers and Electronic Payments B. Approval of Payroll and Direct Deposits C. Approval of a Memorandum of Understanding with the Police Guild regarding Article March 25, 2025 Meeting Agenda 8.4 of the CBA (Lund) D. Adoption of a Resolution Authorizing the Mayor to Execute a Contract with Art Anderson Associates, Inc. for Melcher Pump Station Rehabilitation Construction Support (Ryan) E. Approval of an Agreement with the Police Guild regarding recruitment incentives for Certified and Lateral Police Officers (Lund) F. Adoption of a Resolution Approving an Amendment to Contract No. C017-23 with Systems for Public Safety, Inc., for the Outfitting of Emergency Vehicles (Brown) G. Adoption of an Resolution Authorizing Amendment No. 2 to Professional Services Agreement with 4LEAF, Inc. for Plan Review and Building Inspection Services (Bond) H. Excusal of Councilmember Diener for Personal Reasons I. Excusal of Councilmember Morrissey for Personal Reasons 5. PRESENTATION 6. PUBLIC HEARING (Accepting public testimony from citizens limited to the specific item listed) 7. BUSINESS ITEMS A. Approval of Change Order No. 5 to Contract C059-23 with Stellar J Corporation for the Marina Pump Station Improvement (Ryan) 8. DISCUSSION ITEMS (No Action to be Taken) 9. REPORTS OF COUNCIL COMMITTEES (Three council members serve on the committee with staff to make collaborative recommendations about work product. Staff then prepares the items for full Council consideration based on the Committee's discussion.) A. Council Advisory Committees 10. REPORT OF MAYOR 11. REPORT OF DEPARTMENT HEADS 12. CITIZEN COMMENTS (This is an opportunity for citizens to address the City Council on any items that are not associated with a Public Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the official record. If you are attending remotely by Zoom via telephone, enter *9 from your keypad to raise your hand.) 13. GOOD OF THE ORDER 14. EXECUTIVE SESSION Pursuant to RCW 42.30.110, the City Council WILL hold an executive session. The topic(s) and the session duration will be announced prior to the executive session; with no action to follow. 15. ADJOURNMENT ADA Requirements March 25, 2025 Meeting Agenda K In compliance with the American with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (360) 876-4407. Notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting. REMINDER: Please silence all electronic devices while City Council is in session. To subscribe to our general news & public notices click the link: http://portorchardwa.gov/subscribe For current City Council member and contact information, please visit https://portorchardwa.gov/departments/city- council/. For Committee Membership please visit https://portorchardwa.gov/city-council-advisory-committees/. March 25, 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: Approval of a Memorandum of Understanding with the Police Guild regarding Article 8.4 of the CBA (Lund) Meeting Date: March 25, 2025 Prepared By: Debbie Lund, Human Resources Director, CEBS SPHR SHRM-SCP Presenter: Debbie Lund, CEBS SPHR SHRM-SCP, Human Resources Director Summary and Background: During the negotiations for the 2025-2027 Collective Bargaining Agreement (CBA) between the City and the Police Guild, new premium pays were added for bilingual fluency and instructors. The previous CBA had language in Article 8.4 that prohibits "stacking" of specialty assignment premium pays. The parties did not intend the stacking prohibition to apply to bilingual and instructor premiums. The proposed MOU clarifies that intent and excludes the two new premium pays (bilingual and instructor) from the stacking prohibition provided for specialty pays of School Resource Officer, Detective and Field Training Officer. The Agreement under consideration tonight is a draft until approved by Council and signed by the parties and will be sent to Council by the City Attorney. Relationship to Comprenhensive Plan: None. Recommendation: Staff requests the Council authorize the Mayor to sign a Memorandum of Understanding (MOU) regarding the language in Article 8.4 of the Collective Bargaining Agreement that was inadvertently overlooked by all parties at the time the 2025-2027 Collective Bargaining Agreement was negotiated and approved. This would remedy that oversight by the parties. Motion for Consideration: I move to authorize the Mayor to sign a Memorandum of Understanding with the Police Guild regarding Article 8.4 of the collective bargaining agreement between the City and the Police Guild. Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: Within budget authority. Alternatives: Do not approve and provide alternative guidance. 4 Attachments: 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 Contract with Art Anderson Associates, Inc. for Melcher Pump Station Rehabilitation Construction Support (Ryan) Meeting Date: March 25, 2025 Prepared By: Sayre Thompson, PW Procurement Specialist Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director Summary and Background: The City has identified the need for rehabilitation work at the Melcher Pump Station, a key component of the City's Water System (the "Project"). To support the construction phase, the City's Public Works Department has determined that specialized construction management expertise is necessary. Given limited staff resources, the City seeks to engage a qualified consultant to provide these services. To identify potential consultants for this non-A/E professional service, consistent with the City's procurement policies for this service at this price -point, the Public Works Department reviewed the 2024 MRSC Consultant Roster and identified three qualified firms. Three Statements of Qualifications including price were received, and after thorough evaluation, staff determined that Art Anderson Associates, Inc. was the most qualified for the Project, based on their extensive expertise and familiarity with both the design and construction plans. On December 5, 2024, the City received a detailed Scope of Work and budget proposal, consistent with the rates quoted in the submitted Statement of Qualifications, from Art Anderson Associates, Inc., totaling $49,877.00 for the Project. Relationship to Comprenhensive Plan: Chapter 7: Utilities Recommendation: Staff recommend adoption of a Resolution approving a contract with Art Anderson Associates, Inc. for the Melcher Pump Station Rehabilitation Project Construction Services in the amount of $49,877.00 and documenting the Procurement Procedures. Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute a Contract with Art Anderson Associates, Inc. for the Melcher Pump Station Rehabilitation Project Construction Services in the amount of $49.877.00. Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: Funding to complete this project is available in the current 2025-20026 Biennial Budget. This contract will be funded through a reduction to project contingency leaving a balance of approximately $35,000 and will remain within the overall project budget. The funding sources for this project are a combination of the Water Operations Fund 411 (75%) and Water Capital Fund 413 (25%) funding. The funding during the design and construction phases of this project will utilize a Public Works Loan with the remaining amount to be funded from Cash as identified by the split of Water Operations and Water Capital. The future debt payment will be repaid from the allocation of Water Operations and Water Capital as defined above. Alternatives: Do not approve and provide alternative guidance. Attachments: RESOLUTION - Melcher Construction Support.doc CONTRACT_-_Melcher Construction_Support.pdf. 7 RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH ART ANDERSON ASSOCIATES, INC. FOR THE MELCHER PUMP STATION REHABILITATION CONSTRUCTION SUPPORT AND DOCUMENTING PROCUREMENT PROCEDURES WHEREAS, the City identified the need for rehabilitation work on the Melcher Pump Station, a part of the City's Water System (the "Project"); and WHEREAS, pursuant to the City's Procurement Policies, the City's Public Works Department established a list of qualified firms from the MRSC 2024 Consultant Roster; and WHEREAS, the Public Works Department received three (3) Statement of Qualifications, from Art Anderson Associates, Inc., Consor and Parametrix; and WHEREAS, Public Works staff reviewed the qualifications of the consultants and determined that Art Anderson Associates, Inc. was best suited to the project; and WHEREAS, the City received a defined Scope of Work and Budget for the Project, in an amount of $49,877.00; and WHEREAS, the Port Orchard City Council, at the recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution: Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to execute a contract with Art Anderson Associates, Inc. for the Melcher Pump Station Rehabilitation Project Construction Support Services. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 251h day of March 2025. Robert Putaansuu, Mayor ATTEST: City Clerk, Brandy Wallace, MMC Port Orchard Contract #: Authorized Amount: $49,877.00 Date Start: DATE 3/25/2025 Date End: DATE 3/25/2026 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and Art Anderson Associates, Inc. ("Consultant") organized under the laws of the State of Washington located and doing business at 830 Pacific Ave, Suite 200 Bremerton, WA 98337 (hereinafter the "Consultant"). RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform those services described on Exhibit "A," which is attached hereto and incorporated herein bythis reference as if set forth in full. In performing such services, the Consultant shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. The Consultant shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. City of Port Orchard and Art Anderson Associates, Inc. Public Works Project: Melcher Pump Station Rehabilitation -Construction Support Updated 412022 IBDR Page 1 of 17 10 ❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum of $ x TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $ $49,877.00 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit „B ❑ OTHER 3. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the Parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. City of Port Orchard and Art Anderson Associates, Inc. Public Works Project: Melcher Pump Station Rehabilitation -Construction Support Updated 412022 IBDR Page 2 of 17 11 F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a period commencing on 3 25 2025 and ending 3 25 2026 unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the Consultant's services. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. S. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill, and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost City of Port Orchard and Art Anderson Associates, Inc. Public Works Project: Melcher Pump Station Rehabilitation -Construction Support Updated 412022 IBDR Page 3 of 17 12 to the City. 7. Relationship of the Parties; Independent Consultant. The Parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives, and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Indemnification. Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. City of Port Orchard and Art Anderson Associates, Inc. Public Works Project: Melcher Pump Station Rehabilitation -Construction Support Updated 412022 IBDR Page 4 of 17 13 The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: limits: Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL City of Port Orchard and Art Anderson Associates, Inc. Public Works Project: Melcher Pump Station Rehabilitation -Construction Support Updated 412022 IBDR Page 5 of 17 14 E. Verification of Coverage. The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in City of Port Orchard and Art Anderson Associates, Inc. Public Works Project: Melcher Pump Station Rehabilitation -Construction Support Updated 412022 IBDR Page 6 of 17 15 support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 12. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 13. Termination. A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. i. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. ii. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's City of Port Orchard and Art Anderson Associates, Inc. Public Works Project: Melcher Pump Station Rehabilitation -Construction Support Updated 412022 IBDR Page 7 of 17 16 reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Violation of this Section shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. City of Port Orchard and Art Anderson Associates, Inc. Public Works Project: Melcher Pump Station Rehabilitation -Construction Support Updated 412022 IBDR Page 8 of 17 17 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 18. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 21. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. 22. Modification. City of Port Orchard and Art Anderson Associates, Inc. Public Works Project: Melcher Pump Station Rehabilitation -Construction Support Updated 4120221BDR Page 9 of 17 18 No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. 23. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 BwaIlace@cityofportorchard.us Phone:360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: Art Anderson 830 Pacific Ave, Bremerton 98337 Phone No.: 360. 479. 5600 Email: nanderson@artanderson.com 24. Resolution of Disputes; Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the City of Port Orchard and Art Anderson Associates, Inc. Public Works Project: Melcher Pump Station Rehabilitation -Construction Support Updated 412022 IBDR Page 10 of 17 19 State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other Party. 25. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 26. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination. The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. C. Solicitations forSubcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. D. Information and Reports. The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and City of Port Orchard and Art Anderson Associates, Inc. Public Works Project: Melcher Pump Station Rehabilitation -Construction Support Updated 412022 IBDR Page 11 of 17 20 instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 28. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULTANT ///Z By: Nikolas B. Anderson Title: President CITY OF PORT ORCHARD M Robert Putaansuu, Mayor City of Port Orchard and Art Anderson Associates, Inc. Public Works Project: Melcher Pump Station Rehabilitation -Construction Support Updated 412022 IBDR Page 12 of 17 21 Date: 18MAR2 5 Date: ATTEST/AUTHENTICATE Brandy Wallace, MMC, City Clerk /_1]]:Z0]7"_V7211070111►M Port Orchard City Attorney's Office City of Port Orchard and Art Anderson Associates, Inc. Public Works Project: Melcher Pump Station Rehabilitation -Construction Support Updated 412022 IBDR Page 13 of 17 22 APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes City of Port Orchard and Art Anderson Associates, Inc. Public Works Project: Melcher Pump Station Rehabilitation -Construction Support Updated 412022 IBDR Page 16 of 17 23 discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Art Anderson Associates, Inc. Public Works Project: Melcher Pump Station Rehabilitation -Construction Support Updated 412022 IBDR Page 17 of 17 24 02111 ART plawn. ANDERSON December 5, 2024 FACPOOxx.BP City of Port Orchard Attn: Kenneth C. Hammer, PE, PMP City Engineer 216 Prospect Street Port Orchard, WA 98366 Re: Melcher Pump Station Rehabilitation Project Construction Support Price Proposal Dear Chris: Art Anderson presents our proposal for Engineering services in support of the construction phase of the Melcher Pump Station Rehabilitation project. The objective of this project is assist the City with the administration of the construction contract and provide technical assistance and reviews. Scope of Services Inclusions The proposal is based on: • Submittal reviews. • Answer contractor's questions as needed. • Site observations as needed. • Design revision as needed. • Provide input on contractor pay requests. • Respond to questions on change requests and prepare change order information as needed. • Provide input on disputes if needed. • Prepare record drawings from contractor's redlines. • Attend weekly meetings (remotely) as requested. • Bid phase support Assumptions/Exclusions The proposal assumes: • Daily inspections will be conducted by the City. • City will lead weekly construction progress meetings. • City will review/approve contractor pay requests. • City will evaluate contractor's performance • City will evaluate contractor's change requests and proposals. Art Anderson will assist as requested by the City. 830 Pacific Avenue, Suite 200 1 Bremerton, WA 98337 1 360-479-5600 SDVOSB I OMWBE I WA Veteran Owned Business 25 J211 ART iii® ANDERSON Contract Terms For the Scope of work stated we are proposing a Time and Materials agreement with a Not To Exceed Amount of $49,877. Our fee estimate is included as Enclosure A and provides a breakdown of the estimated effort. Our standard rates are included as Enclosure B. Services outside the scope of services described herein shall be considered additional services and shall be negotiated separately. Thank you for considering Art Anderson as a partner in your success. We look forward to working with such a valued and respected member of our local community. If you have any questions, comments or concerns, please don't hesitate to contact me. Sincerel Sean Hoyr(es, j Chief Engineer FACP0017.BP Proposal Letter Page 2 of 2 5/12/2022 26 02111 ART plawn. ANDERSON Enclosure A Fee Estimate FACPOOxx.BP Proposal Letter Enclosures 12/5/2024 4A Enclosure (A) ART ANDERSON 830 Pacific Avenue Bremerton, WA 98337 COMPANY PROPRIETARY DATE: 12/5/2024 CLIENT: City of Port Orchard SMP: PROJECT NAME: Melcher Pump Station Rehabilitation Construction Support POINT OF CONTACT: Chris Hammer AA PROJECT NUMBER: FACPOOxx.BP AA POINT OF CONTACT: Sean Hoynes DESIRED START DATE: COMPLETION DATE: Em Project Manager Construction Manager Senior Designer PROJ ® Construction ... 24 208 28 260 $49,700 $177 X$49,8A �I!Review Submittals-- ' ----- 1 • 1 1 • 1 Answer. . questions Site visits -- 1 ----- •11 •11 Design revisions (as needed) Provide . on pay requests-- ----- .1 .1 Prepare .- order . -- ----- -� •1 •1 Provide . on disputes -- ----- .1 .1 record drawings from contractor's redInes WeeklyPrepare -- . Remote --.-. -- ----- .1 .1 Reimbursables (Mileage) RATE/HOUR $221.00 $195.00 $137.00 28 J211 ART iii® ANDERSON Enclosure B Standard Rates FACPO0xx.BP Proposal Letter Enclosures 12/5/2024 29 Enclosure (B) AON l = ART ANDERSON 2024 Schedule of Charges Where engineering services are provided on an hourly basis, the following rates shall apply to cover salaries, taxes, insurance, administration, general overhead, and profit: Classification Hourly Rate Principal $244 Project Manager $221 Principal Engineer $221 Senior Engineer/Senior Architect $195 Project Engineer $163 Engineer $137 Jr Engineer $116 Principal Designer $153 Senior Designer $137 Project Designer $121 Designer $100 Jr Designer $79 Project Coordinator $90 Clerical $74 Reimbursable expenses will be charged at the rates shown below: Automobile Travel Consultant Costs Travel Costs (Transportation and Lodging) Food Photocopying (B & W) Photocopying (Color) Plotter Bond Plotter Presentation Plotter Vellum/Mylar IRS Rate Actual cost plus 10% Actual cost plus 10% Per Diem at GSA Rates $.20/copy plus operator time $.64/copy plus operator time $.55/sq ft plus operator time $1.20/sq ft plus operator time $2.10/sq ft plus operator time Note: Minimum charge when stamping work is $1,000.00. 2024 30 0�4 City of Port Orchard ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda: Approval of an Agreement with the Police Guild regarding recruitment incentives for Certified and Lateral Police Officers (Lund) Meeting Date: March 25, 2025 Prepared By: Debbie Lund, Human Resources Director, CEBS SPHR SHRM-SCP Presenter: Debbie Lund, CEBS SPHR SHRM-SCP, Human Resources Director Summary and Background: On May 24, 2022, the Port Orchard City Council approved Ordinance No. 019-22, allowing the Mayor to offer an incentive of $10,000 upon hire to lateral patrol officer candidates who had completed the Washington State Basic Law Enforcement Academy. On October 11, 2022, the City and the Guild entered into a Memorandum of Understanding (MOU) allowing the City to offer an additional $5,000, plus 40 hours of sick leave and 40 hours of vacation leave to lateral patrol officers who successfully complete their probationary period. On December 13, 2022, the Port Orchard City Council authorized the Mayor to sign an MOU with the Guild to extend the hiring incentives to Certified Patrol Officers and qualified out of state lateral candidates and required that candidates who left City employment within two years of employment repay a pro -rated portion of the incentive payments. In the one situation in which repayment was required, City staff found the collection of the repayment amount labor intensive and administratively burdensome. Given the cost of staff time involved it does not seem prudent to require repayment should either party end the employment relationship in that two-year period. Therefore, this proposed MOU removes the repayment requirement. The Agreement under consideration tonight is a draft until approved by Council and signed by the parties and will be sent to Council by the City Attorney. The previously adopted Ordinance and MOUs are attached for reference. 31 Relationship to Comprenhensive Plan: n/a Recommendation: Staff recommends the City Council authorize the Mayor to sign an Agreement with the Port Orchard Police Guild regarding recruitment incentives for Certified and Lateral Peace Officers. Motion for Consideration: I move to authorize the Mayor to sign an Agreement with the Port Orchard Police Guild regarding recruitment incentives for Certified and Lateral Peace Officers. Has item been presented to Committee/Work Study? If so, which one: N/A Fiscal Impact: Intended to reduce staff time/cost associated with repayment. Alternatives: Provide alternate direction to staff. Attachments: 2022.10.04 MOU Patrol Lateral Incentives Guild Fully Signed.pdf 2022.12.14 MOU Patrol re incentives fully signed.pdf 019-22_-_Ordinance_-_Recruitment_Incentive.pdf 32 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ORCHARD AND THE PORT ORCHARD POLICE GUILD The City of Port Orchard ("City") and the Port Orchard Police Guild representing Patrol Officers ("Guild") enter into this Memorandum of Understanding ("MOU") regarding recruitment incentives for lateral police officer applicants. WHEREAS, the employment market for Lateral Police Officers is highly competitive; and WHEREAS, other jurisdictions in Kitsap County offer incentives to Lateral Police Officers; and WHEREAS, Lateral Police Officer candidates are able to work on their own within 3 to 4 months of hire, compared to 7 months or longer for entry level police officer candidates; and WHEREAS, entry level officers cost the City over $5,000 in charges from the Basic Law Enforcement Academy; WHEREAS, lateral candidates may forfeit large leave balances when departing their current law enforcement agencies; WHEREAS, on May 24, 2022, the Port Orchard City Council approved Ordinance number 019-22 providing a hiring incentive of $10,000 upon hire; and WHEREAS, both parties agree that an additional incentive of $5,000 upon completion of probation is warranted; NOW, THEREFORE, the City and the Guild agree as follows: The City may offer a $5,000 recruitment incentive to Lateral Police Officer candidates who have: a. Completed the Washington State Basic Law Enforcement Academy; b. Meet all other criteria to be eligible for consideration as a Lateral Police Officer Candidate under the City of Port Orchard's Police Civil Service Rules; and c. Successfully complete their probationary period as a Police Officer with the City of Port Orchard on or after June 1, 2022, or the effective date of this MOU, whichever is later. 2. The incentive will be paid on the first available paycheck, as determined by payroll, after successful completion of probation. 3. Lateral Police Officers completing probation or hired during the tern of this MOU, whichever is earlier, will receive 40 hours of sick leave and 40 hours of vacation leave in their leave banks effective with the first available paycheck after date of hire, or completion of probation, whichever is applicable, as determined by paryroll. 4. Lateral Police Officers accepting the recruitment incentive will be required to sign an agreement agreeing to repay the incentive if they voluntarily separate or are removed from employment for cause after their one year anniversary but before reaching their two year anniversary. Repayment of each portion will be pro -rated based on the length of their employment. 5. The cash value, if any, of any accrued sick and vacation time will be reduced by 40 hours of sick and 40 hours of vacation, and those hours shall be forfeited, if a Lateral Police Officer receiving leave as provided for in section 3 of this MOU terminates employment for any reason within six months of receiving the additional leave, thereby allowing the City to recover the additional credit to the employee's leave banks. 6. All payments are considered gross wages and subject to applicable payroll taxes and withholdings. This MOU is effective when signed by both parties and will remain in effect until terminated by the City with ten (10) calendar days written notice to the Guild. No modification to this MOU is valid unless in writing and signed by the parties. The parties reserve the right to reevaluate this MOU no less frequently than every 30 calendar days to determine if its continuance is of mutual benefit to the City and the Guild. The City may terminate this MOU with ten (10) calendar days written notice to the Guild. CITY OF PORT ORCHARD Mayor Rob Putaansuu Date: t U 1 lZ(Z2, PORT ORCHARD POLICE GUILD An ew Brandon, President Date: �`f�Z' `7- 34 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ORCHARD AND THE PORT ORCHARD POLICE GUILD The City of Port Orchard ("City") and the Port Orchard Police Guild representing Patrol Officers ("Guild") enter into this Memorandum of Understanding ("MOU") regarding recruitment incentives. WHEREAS, on May 24, 2022, the Port Orchard City Council approved Ordinance number 019-22 allowing the Mayor to offer a hiring incentive of $10,000 upon hire to lateral patrol officer candidates who had completed the Washington State Basic Law Enforcement Academy; and WHEREAS, on October 11, 2022, the City and the Guild entered into a MOU allowing the City to offer an additional $5,000 and 40 hours of sick leave and 40 hours of vacation leave to lateral patrol officers who successfully complete their probationary period, subject to certain conditions (the "October MOU"); and WHEREAS, Port Orchard Civil Service rules define Certified Patrol Officers as those who have completed the Washington Basic Law Enforcement Academy but do not otherwise qualify as a Lateral Officer due to lack of experience; and WHEREAS, both parties recognized the highly competitive market for law enforcement officers and the need to compete for quality candidates; and WHEREAS, both parties recognized that hiring candidates who do not need to attend the full Washington State Basic Law Enforcement Academy benefits the City and its Police Department; and WHEREAS, Certified Patrol Officers are able to serve our citizens in a solo capacity much faster than entry level candidates; and WHEREAS, both parties are interested in attracting quality candidates from out of state that need only to complete the Washington State Law Enforcement Equivalency Academy; and WHEREAS, Lateral Police Officer Noah Sanchez was hired on March 3, 2022, and did not receive the $10,000 payment under Ordinance 019-22 but is eligible for payments upon completion of probation under the October MOU; and WHEREAS, Certified Patrol Officer Alexis Sartor was hired on October 10, 2022, and is not eligible for payments under Ordinance 019-22 or the October MOU; and WHEREAS, the City and the Guild desire to revise their agreement regarding recruitment incentives as set forth in this MOU; NOW, THEREFORE, the City and the Guild agree as follows: 35 Recruitment Incentive MOU Page 2 Officer Sanchez will remain eligible for payments in accordance with the terms and conditions of the October MOU. All other Guild members are covered under the terms and conditions of this MOU exclusively and are not eligible for any payments or benefits under the October MOU, which is hereby declared null and avoid except as it applies to Officer Sanchez. 2. Beginning on the effective date of this MOU, the City may offer the following recruitment incentives to Lateral and Certified Patrol Officer candidates, subject to the conditions in this MOU: a. $10,000 after date of hire; b. $5,000 after successful completion of probation; and c. 40 hours of sick leave and 40 hours of vacation leave after successful completion of probation. 3. All payments are gross wages and subject to applicable payroll taxes and withholdings. All payments and leave balance credits will be provided on the first available paycheck as determined by payroll. 4. Lateral candidates are eligible for payments and credits under the terms of this MOU if they are a Lateral candidate as defined by Port Orchard Civil Service Rules and they have either already successfully completed the Washington State Basic Law Enforcement Academy or they are eligible to attend the Washington Law Enforcement Equivalency Academy. 5. Certified Patrol Officer candidates are eligible for payments and credits under the terms of this MOU if they are a Certified Patrol Officer candidate as defined by Port Orchard Civil Service Rules. 6. Any candidate receiving a recruitment incentive payment under this MOU will be required to sign an agreement agreeing to repay a pro-rata portion of such payment(s) if they voluntarily separate employment from the City within two years from their date of hire. 7. A candidate who receives sick and vacation leave credits under this MOU who separates employment for any reason from the City within six months of receiving the leave credits will automatically forfeit 40 hours of any accrued sick leave and 40 hours of any accrued vacation leave at the time of separation, and such hours cannot be cashed out. 8. The City may offer Certified Patrol Officer Sartor a recruitment incentive of $5,000 after successful completion of probation and 40 hours of sick leave and 40 hours of vacation leave after successful completion of probation in accordance with the conditions and repayment requirements contained in this MOU. 36 Recruitment Incentive MOU Page 3 9. This MOU is effective when signed by both parties and will remain in effect until terminated by the City with ten (10) calendar days written notice to the Guild. No modification to this MOU is valid unless in writing and signed by the parties. The parties reserve the right to reevaluate this MOU no less frequently than every 30 calendar days to determine if its continuance is of mutual benefit to the City and the Guild. The City may terminate this MOU with ten (10) calendar days written notice to the Guild. Mayor Rob Putaansuu Date: I v' I l -4 / ZZ PORT ORCHARD POLICE GUILD Andre Brandon, President Date: /Z 37 DocuSign Envelope ID: 492CB3B6-8425-498A-9236-936A8A955E87 ORDINANCE NO.019-22 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO A RECRUITMENT INCENTIVE FOR QUALIFIED LATERAL PEACE OFFICERS; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, at the February 22, 2022, the Port Orchard City Council authorized the Mayor to sign a Memorandum of Understanding (MOU) with the Police Guild representing Patrol Officers to provide for a recruitment incentive program for Lateral Peace Officers; and WHEREAS, the MOU provided for, amongst other things, a $5,000 recruitment incentive upon hire and an additional $10,000 after successful completion of probation; and WHEREAS, the MOU provided for repayment of the initial $5,000 if the lateral peace officer did not remain employed for one year; and WHEREAS, the MOU provided for the repayment of the additional $10,000 if the lateral peace officer did not remain employed for two years; and WHEREAS, to date the Police Guild representing Patrol Officers has not signed the MOU, preventing the City from implementing the lateral officer recruitment incentive program as adopted; and WHEREAS, the City of Port Orchard continues to look for options to be competitive in the market for qualified Lateral Peace Officers; and WHEREAS, the hiring of qualified Lateral Peace Officers would enable the City to fill vacant positions and limit mandatory overtime for existing employees, providing an improved work/life balance, as well as saving the City over $5,000 in charges that would otherwise be incurred to send an Entry Level Officer to the Basic Law Enforcement Academy; and WHEREAS, the City Council has the authority to authorize recruitment incentives for employees covered by a collective bargaining agreement provided that the incentive is not conditioned upon any action of the employee once employed; and WHEREAS, to avoid a duplication of recruitment incentive programs the Police Guild representing Patrol Officers has been appropriately notified that the previously approved MOU will be terminated as of May 31, 2022; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor is authorized to offer a $10,000 recruitment incentive to Lateral Police Officer candidates who have: a. Completed the Washington State Basic Law Enforcement Academy; 38 DocuSign Envelope ID: 492CB3B6-8425-498A-9236-936A8A955E87 Ordinance No. 019-22 Page 2 of 2 b. Meet all other criteria to be eligible for consideration as a Lateral Police Officer Candidate under the City of Port Orchard's Police Civil Service Rules; and c. Been given an unconditional offer and accepted the position of Patrol Officer with the Port Orchard Police Department with a start date later than the effective date of this ordinance. SECTION 2. The recruitment incentive will be paid on the first available paycheck after date of hire, as determined by payroll. All payments are considered gross wages and subject to applicable payroll taxes and withholdings. SECTION 3. If the Police Guild representing Patrol Officers and the City sign any agreement or memorandum of understanding providing substantially the same recruitment incentive, this ordinance will be void. SECTION 4. SeverabilitV. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 5. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 6. Effective Date. This ordinance shall be in full force and effect five (5) days after publication as required by law or June 1, 2022, whichever is later. 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 241h day of May 2022. DocuSigned by: jea�t,v�- (�lnra�aln,iltiiti. E��SDBF,�4EF Robert Putaansuu, Mayor rl bC igned by: (AJAJe UJA� V)- Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSD :YV: DocuSigned by: 5,54 Char otte A. Archer, City Attorney John Clauson, Councilmember PUBLISHED: May 27, 2022 ,,, �1°1 , 0RT 0 C''�o EFFECTIVE DATE: June 1, 2022 ; ko``•oRP0R, I SEAL 39 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 Amendment to Contract No. C017-23 with Systems for Public Safety, Inc., for the Outfitting of Emergency Vehicles (Brown) Meeting Date: March 25, 2025 Prepared By: Matt Brown, Police Chief Presenter: Matt Brown, Police Chief Summary and Background: In 2022, the Police Department recognized the need to update and modernize the City's fleet of emergency response vehicles. This modernization would include the outfitting of police vehicles with all necessary emergency equipment and lighting. Pursuant to the City's procurement policies, adopted by Resolution No. 036-22, the City's Police Department prepared an Invitation to Bid (ITB) and solicited bids in the Kitsap Sun. After the deadline, staff reviewed the bid responses and confirmed the bid and bidder were compliant with the ITB and all applicable requirements including but not limited to all licensing and state L&I requirements. In 2025, the City's Police Department is scheduled to retire three of its aging patrol vehicle. Contract No. 017-23 allows an amendment to permit the continued outfitting services offered by Systems for Public Safety, Inc. Relationship to Comprenhensive Plan: N/A Recommendation: Staff recommends the City Council adopt a Resolution authorizing the Mayor to execute an Amendment to Contract No. C017-23 with Systems for Public Safety, Inc., for the outfitting of police vehicles with all necessary emergency equipment and lighting in the amount of $76,438.56 (applicable taxes included). Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute an Amendment to Contract No. 017-23 with Systems for Public Safety, Inc., for the outfitting of police vehicles with all necessary emergency equipment and lighting in the amount of $76,438.56 (applicable taxes included). Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: Vehicle outfitting costs are included in the 2025-2026 Biennial Budget. Alternatives: Do not approve and provide additional guidance. 40 Attachments: Estimate for Services - Systems for Public Safety.pdf Resolution - Amendment to Contract with Systems for Public Safety.doc Amendment - Contract with Systems for Public Safety.docx 41 Systems for Public Safety Inc. 2520 112th St. S. Lakewood, WA. 98499 Phone:253-983-1103 Fax:253-983-1101 ESTIMATE FOR SERVICES ESTIMATE # 053625 Estimate Date : 01/10/2025 Port Orchard Police Department 2025 Ford - Police Interceptor Utility - 546 Bay St Lic # : -WA Odometer In: 0 Port Orchard, WA 98366 Unit # : TBD x4 VIN # : Part Description / Number Qty Sale Ext Labor Description Extended Legacy Duo Core Bundle 1.00 3,895.00 3,895.00 Core Legacy Package Legacy Duo WeCanX Size: 48" 1.00 0.00 0.00 EB8DEDE VEHICLE -TO -VEHICLE SYNC 1.00 259.29 259.29 MODULE (In Lightbar) CLBV2V Cencom CORE Siren Amplifier 1.00 0.01 0.01 C399 WeCanX KNOB/SLIDE CONTROL 1.00 0.01 0.01 HEAD CCTL6 OBDII CANPORT KIT 2021 F150 1.00 0.01 0.01 C399K7 Core Output Expansion Module 2.00 204.29 408.58 CEM16 Core Microphone Extension Cable 1.00 92.89 92.89 01-0448144-000 Whelen PA Mic 1.00 140.06 140.06 WSMIC321 Core Mic "Y" Harness 1.00 65.00 65.00 COREHMIC Strobe Preemption power supply, 1.00 578.57 578.57 encodeable PE215 Y-Harness for PE215 Opticom Power 1.00 30.00 30.00 Supply 46-0743191-000 Strobe Cable 25.00 2.84 71.00 16/3 1 /M Micro -Thin Strobe Light 1.00 230.03 230.03 20.1850 100W Siren Speaker, Whelen 1.00 200.00 200.00 SA315P- Universal Siren Speaker Bracket 1.00 27.95 27.95 SAK1 Flush Mount Light Head, Red/Blue 2.00 85.71 171.42 416300-RB DIR,12 LED,HIDE-A-BLAST,TWIST 3.00 106.50 319.50 LOCK,B/W CD9012-PI-BW DIR,12 LED,HIDE-A-BLAST,TWIST 1.00 106.50 106.50 LOCK,R/W CD9012-PI-RW Install all listed equipment and customer supplied 4,950.00 radio. Install secondary PA at rear of vehicle. 95.00 Install Graphics Package 795.00 Reflective Department- Each Side Police- Each Side & Rear Service. Honor. Integrity- Each Side Flag- Rear Unit Number- Rear Page 1 of 4 Copyright (c) 2025 Mitchell Repair Information Company, LLC 11.19.14jd 42 Systems for Public Safety Inc. 2520 112th St. S. Lakewood, WA. 98499 Phone:253-983-1103 Fax:253-983-1101 ESTIMATE FOR SERVICES ESTIMATE # 053625 Estimate Date : 01/10/2025 Port Orchard Police Department 2025 Ford - Police Interceptor Utility - 546 Bay St Lic # : -WA Odometer In: 0 Port Orchard, WA 98366 Unit # : TBD x4 VIN # : Part Description / Number Qty Sale Ext Labor Description Extended 3" Round Compartment Light, 1.00 64.29 64.29 Red/White 3SRCCDCR Whelen 12v White/Red 6" compartment 1.00 100.00 100.00 light 60CREGCS Map Light 19' Gooseneck LED 1.00 81.43 81.43 Red/White/UV L-5/18-LED-3-UV PIU Mid-HeightAngeled Console 1.00 285.71 285.71 Housing Only C-VS-1210-I N UT-H Whelen Cencom CCSRN, CCSRNTA, 1.00 21.14 21.14 MPC03 Size: 4.0" C-EB40-CCS-1 P Havis, 3" Face Plate, Fits Harris XL 1.00 28.29 28.29 Control Head C-EB30-HXL-1 P Console Filler Plate, 4.0" 1.00 8.57 8.57 C-FP-4 Console Filler Plate, 2" 2.00 7.43 14.86 C-FP-2 Console Filler Plate, 2.5" 1.00 7.43 7.43 C-FP-25 Console Filler Plate, 1" 1.00 7.43 7.43 C-FP-1 Havis Adjustable Arm Rest 1.00 67.14 67.14 C-ARM-102 11" Slide Out Locking Swing Arm/ Low 1.00 283.11 283.11 Profile Tilt C-MD-119 Self -Adjusting Double Cup Holder 1.00 47.86 47.86 C U P2-1001 USB-C & USB Type A Dual Port 1.00 76.37 76.37 Charger C-USB-3 Magnetic Mic Conversion Kit, Single 3.00 40.00 120.00 Unit WSW Havis Mic Clip Bracket 1.00 13.57 13.57 C-MCB Power Port W/Cap 2.00 10.71 21.42 C M216560 Switch, Rocker, SPST Momentary 1.00 7.20 7.20 On -Off Page 2 of 4 Copyright (c) 2025 Mitchell Repair Information Company, LLC 11.19.14jd 43 Systems for Public Safety Inc. 2520 112th St. S. Lakewood, WA. 98499 Phone:253-983-1103 Fax:253-983-1101 ESTIMATE FOR SERVICES ESTIMATE # 053625 Estimate Date : 01/10/2025 Port Orchard Police Department 2025 Ford - Police Interceptor Utility - 546 Bay St Lic # : -WA Odometer In: 0 Port Orchard, WA 98366 Unit # : TBD x4 VIN # : Part Description / Number Qty Sale Ext Labor Description Extended 44302 Switch Cover No Lens 1.00 2.46 2.46 44435 Trio Lighted Push Bumper 1.00 976.66 976.66 BK20191TU20PB9T #10 VS C RP Coated Poly Partition Tall 1.00 951.16 951.16 w/ SCA 2020 PK04191TU20TM Fender Protector Wraps Utility PB9 1.00 577.16 577.16 FK04021TU25 SPS Dual T-Rail Gun Mount SC5 lock 1.00 509.16 509.16 #HK GC14682UHK Steel Window Barrier 1.00 279.66 279.66 W K05141TU20 Int. Utility Cargo Window Barriers, set 1.00 415.66 415.66 of 3 W K00401TU20 Full Hard Seat w/#12 Poly Partition 1.00 1,401.66 1,401.66 2020 QK05661TU20 EZ Lift Single Drawer System 1.00 2,506.66 2,506.66 TK17201TU20 Power Distribution Unit 1.00 499.00 499.00 P6 DIN Rail Mount 30A/300V 8x3 Block 2.00 30.00 60.00 Dist. Module 00N030A Blue Sea Sys 5046 ST Blade Compact 1.00 43.00 43.00 Fuse BIK, 8 CIR Size: EA 5046B BLUE SEA 5045 ST BLADE FUSE 1.00 37.10 37.10 BLOCK 4 CIRCUITS 78140B Harness, Main Power 1.00 27.36 27.36 2022-10 Harness, Front End 1.00 164.96 164.96 2022-1 Harness, Console Power 1.00 151.91 151.91 2022-2 Harness, Console Core 1.00 159.91 159.91 2022-3-CORE Harness, Partition 1.00 80.92 80.92 2022-6 Page 3 of 4 Copyright (c) 2025 Mitchell Repair Information Company, LLC 11.19.14jd 44 Systems for Public Safety Inc. 2520 112th St. S. Lakewood, WA. 98499 Phone:253-983-1103 Fax:253-983-1101 ESTIMATE FOR SERVICES ESTIMATE # 053625 Estimate Date : 01/10/2025 Port Orchard Police Department 2025 Ford - Police Interceptor Utility - 546 Bay St Lic # : -WA Odometer In: 0 Port Orchard, WA 98366 Unit # : TBD x4 VIN # : Part Description / Number Qty Sale Ext Labor Description Extended Harness, Hatch 1.00 50.87 50.87 2022-8 Harness, Back End 1.00 226.91 226.91 2022-9 Harness, Ford Ground Plug 1.00 5.00 5.00 2022-FORD 2/C 20GA twisted Pair WC cable (per ft) 18.00 4.52 81.36 46-0443441-00 25Ft CAT 6 Shielded (SSTP) Patch 1.00 8.50 8.50 Cable Molded PUR FE-C6-25-PU R NMO Kit 17ft 1.00 19.22 19.22 NM058UPL Rain Cap, Black 1.00 11.10 11.10 QWRCB USB to Type-C Cord, 15ft. Size: 15FT 1.00 19.98 19.98 B07V3LYSBX RAM® Double Socket Arm with 1.00 26.68 26.68 Diamond Plate RAM-B-103-238U UNPKD. RAM 1" BALL W/ 1/4"-20 1.00 11.50 11.50 ALUM STUD RAM-B-237U Shipping on Equipment 1.00 120.00 120.00 Freight Shop Supplies 25.00 Parts/Supplies:17,302.16 Labor:5,045.00 Sublet:795.00 HazMat/Fees: 0.00 Tax: 2,337.36 Total: $ 25,479.52 Motor vehicle repair practices are regulated by ❑ This vehicle received YOU ARE ENTITLED TO A PRICE ESTIMATE FOR THE REPAIRS YOU HAVE chapter ATCP 132, Wis. Adm. Code, administered without face to face AUTHORIZED. THE REPAIR PRICE MAYBE LESS THAT THE ESTIAMTE, BUT WILL the Bureau of Consumer Protection, Wisconsin customer contact. NOT EXCEED THE ESTIMATE WITHOUT YOUR PERMISSION. YOUR SIGNATURE Dept. of Agriculture, Trade and Consumer WILL INDICATE YOUR ESTIMATE SELECTION. Protection, P.O. Box 8911, Madison, Wisconsin 1. 1 request an estimate inwriting before you begin repair 5370B-8911 Shop Representative 2. Please proceed with repairs, but call me before continuing ifthe price will Having authority to do so I hereby order the above products and services, parts and labor exceed $ and grant permission to you andlor you employees to operate the vehicle described for 3. 1 do not want an estimate the purpose of testing andlor inspection. I agree to pay cash when thework is completed or to pay on other terms setsfactory to you. Until paid in full, the amount awing on this Do you want the replaced parts you are entitled to? ❑ Yes ❑ No vv rk shall constitute a lien on the motor vehicle. If collection is made by suit or athervose, I agree to pay storage and collection and reasonable allorney's fees. Customer Sign: Payment will be made by ❑ Cash ❑ Check ❑ Credit ❑ Card Charge Date: Call when vehicle is ready ❑ Yes ❑ No Page 4 of 4 Copyright (c) 2025 Mitchell Repair Information Company, LLC 11.19.14jd 45 RESOLUTION NO. XXXX A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE SECOND AMENDMENT TO CONTRACT NO. 017-023 FOR THE UPFITTING OF POLICE VEHICLES WITH ALL NECESSARY EMERGENCY EQUIPMENT AND LIGHTING. WHEREAS, in 2022, the City identified the need to update and modernize the City's fleet of emergency response vehicles ("Project"); and WHEREAS, through a full procurement process that resulted in the City's receipt of one (1) bid, the City selected Systems for Public Safety Inc. as the vendor to provide the necessary services for the Project and the City executed Contract No. 017-023 for these services in January 6, 2023 ("Agreement"); and WHEREAS, since executing the Agreement, the City identified the need for the service of having additional vehicles to be outfitted by this vendor; and WHEREAS, the Agreement allowed for the addition of more vehicles to the scope, subject to an annual rate increase issued by the vendor; and WHEREAS, in 2024, due to supply chain delays and the need to outfit vehicles for additional staff, by Resolution No. 040-24 the City Council authorized Amendment No. 1 to the Agreement to add vehicles and the updated rate sheet; and WHEREAS, in 2025, the City identified further need for outfitting additional vehicles under the terms of the underlying agreement, and the parties have negotiated an amendment to the Agreement for these additional vehicles to be outfitted, at the 2025 rates; 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 Amendment No. 2 to Contract No. 017-23 with Systems for Public Safety, Inc., for the upfitting of additional police vehicles with all necessary emergency equipment and lighting. 11006303.1 - 366922 - 0001 46 Resolution No. Page 2 of 2 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 XXXX. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk 11006303.1 - 366922 - 0001 47 Amendment No. 2 to Contract No. C017-23 CITY OF PORT ORCHARD PRODUCT AND SERVICES AGREEMENT WITH SYSTEMS FOR PUBLIC SAFETY THIS AMENDMENT to Contract No. CO 17-23 ("Amendment") is made effective as of the 25t' day of March, 2025, by and between the City of Port Orchard ("City"), a municipal corporation, organized under the laws of the State of Washington, and Systems for Public Safety, Inc., a corporation organized under the laws of the State of Washington, located and doing business at 9412 Front Street S., Lakewood, WA 98499- 9386 ("Vendor"). WHEREAS, on January 26, 2023, following a full procurement process, the City executed a Product and Services Agreement with Vendor for the outfitting of police and emergency vehicles (the "Project") ("Underlying Agreement"); and WHEREAS, the original call for bids and the Underlying Agreement allow the City to add the outfitting of additional vehicles to the scope of work if additional need arose, subject to an annual rate increase issued by the vendor; and WHEREAS, due to supply chain issues and increased staffing, the City was unable to fully utilize Vendor's services during the contract period and extended the term by Resolution No. 040-24 in July 2024; and WHEREAS, due to increased staffing and the purchase of additional vehicles to support staffing, the City desires to add the outfitting of these vehicles, subject to an annual rate increase issued by the vendor; and WHEREAS, no further extensions may be authorized under the terms of the original call for bids and executed contract; and WHEREAS, the Parties wish to extend the term and scope, and memorialize their agreement to do so amend the Underlying Agreement; NOW, THEREFORE, In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement, is amended as follows" a. Section 4. Compensation and Payment. This section shall be amended to increase the total not to exceed sum to $76,438.56 inclusive of all amounts paid to date under the Underlying Agreement. b. Section 5, Contract Term, is herein extended for an additional one-year period. The new contract expiration date is January 26, 2026. 48 11006302.1 - 366922 - 0001 c. Exhibit A/Attachment A — Scope of Work. This Exhibit A is amended, at Section 3, to identify the need to outfit an additional three (3) vehicles that require outfitting under the pricing terms and conditions of the Underlying Agreement, for a new total of $352,024.00 (applicable taxes included) vehicles for outfitting, including the twelve (12) vehicles identified in the Underlying Agreement, as amended by Amendment No. 1. d. Attachment B — Price List. This Attachment B is amended to substitute the 2025 rates attached hereto as Exhibit A and incorporated into the Underlying Agreement by this reference. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. CITY OF PORT ORCHARD, VENDOR WASHINGTON Signature Robert Putaansuu, Mayor Printed Name and Title ATTEST/AUTHENTICATED: Brandy Wallace, MMC, City Clerk F.119 ]:Z9]LT/11ox.-X IC0116l:»i Charlotte A. Archer, City Attorney 11006302.1 - 366922 - 0001 49 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 an Resolution Authorizing Amendment No. 2 to Professional Services Agreement with 4LEAF, Inc. for Plan Review and Building Inspection Services (Bond) Meeting Date: March 25, 2025 Prepared By: Charli Archer, City Attorney Presenter: Nick Bond, AICP, Community Development Director Summary and Background: The Community Development Department attempted to recruit and hire for additional review and inspection staffing in 2023 and 2024, without success. As a result of this unfilled position and the heightened volume of permit submittals in the past few years, the City relies on qualified consultants to assist with plan review and inspection services for submitted planning and building permits. In 2023, following a procurement process that complied with the City's Procurement Policies, the City Council authorized a contract with consultant 4LEAF, Inc., to provide these on -call services for a term of one year, with the option to extend. Due to a continuing need, in 2024 the City Council authorized Amendment No. 1 to Contract No. 034-23 with 4LEAF, Inc. to extend the term of the contract for an additional year and increase the not to exceed amount for these services for the new contract length. The City continues to see a high volume of permitting, due to the continued new build out of the City and on -going revitalization projects. Accordingly, the City requires the services of this consultant for an additional one year term, with a corresponding increase in the contract total. As permit volume may fluctuate in the future due to economic factors, an additional one year term should meet the needs of the City without further amendment. Relationship to Comprenhensive Plan: Chapter 2, Land Use; Chapter 3, Housing; Chapter 6, Economic Development Recommendation: Staff recommends approval of a Resolution authorizing Amendment No. 2 to Contract No. C034-23 with consultant 4LEAF, Inc., for plan review and building inspection services Motion for Consideration: I move to adopt a Resolution authorizing Amendment No. 2 to Contract No. C034-23 with 4LEAF, Inc. for plan review and building inspection services. Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: The cost for this one year extension is an additional $140,000, bringing the lifetime 50 value of this contract to $420,000. Alternatives: Do not approve and provide alternative guidance; inaction will impact the timeline for permitting processing by this Department. Attachments: Amendment 2 to 4LEAF Inc._ Contract(10823479.1).docx Resolution - 41-eaf Contract Second Extension(11009308.1).doc 034-23_-_4Leaf_Inc._-_Contract.pdf 034-23_-_4Leaf Inc._-_Contract_Amendment_1.pdf 51 Amendment No. 2 to Contract No. C034-23 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. THIS AMENDMENT to Contract No. C034-23 ("Amendment") is made effective as upon mutual execution, by and between the City of Port Orchard ("City"), a municipal corporation, organized under the laws of the State of Washington, and 4LEAF, Inc., a corporation organized under the laws of the State of California, located and doing business at 2126 Rheem Drive, Pleasanton, CA, 94588 and 1201 Pacific Ave., Ste. 600, Tacoma, WA 98402 ("Consultant"). RECITALS: A. The City and Consultant entered into an agreement on April 17, 2023, for the purpose of Consultant providing on -call Plan Review and Building Inspection Services ("Agreement") for one year with a not to exceed amount of $140,000. B. The City and Consultant negotiated and executed Amendment No. 1 to the Agreement in February 2024, extending the term and increasing the total amount not to exceed $280,000. C. The City finds the need for continued plan review and building inspection services from Consultant, and therefore desires to extend the contract term and increase the not to exceed amount to $420,000 for the duration of the Agreement. D. The parties desire to memorialize these changes and amend the Agreement. FIRST AMENDMENT TO AGREEMENT: In consideration of the mutual benefits accruing, the parties agree as follows: 1. Extension. The City hereby exercises the first one-year contract extension set forth in Section 4.A, making the new expiration date April 1, 2026. 2. Amendment. Section 2 of the Agreement is hereby amended to read as follows: 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $ 420,000 without written authorization 10823479.1 - 366922 - 0001 52 and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit `B". 3. Amendment. Exhibit `B" to the Agreement and the rates set forth therein for services are hereby amended as set forth in Exhibit `B-2" entitled "Fee Schedule FY 2025-2026 Fee Schedule & Basis of Charges", which is attached to this Amendment and incorporated herein by reference as if set forth in full. The effective date for the rates in Exhibit `B-2," shall be the effective date of this Amendment. 4. Severability. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. 5. Entire Agreement. The written provisions and terms of this Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as modified by this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. 6. Effective date. This Amendment shall be effective as of the date of mutual signature, identified below. DATED this day of 12025. 10823479.1 - 366922 - 0001 53 CITY OF PORT ORCHARD, CONSULTANT WASHINGTON Robert Putaansuu, Mayor Signature ATTEST/AUTHENTICATED: Printed Name and Title Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney 10823479.1 - 366922 - 0001 54 RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING AMENDMENT NO. 2 TO CONTRACT NO. C034-23 WITH 4LEAF, INC. FOR BUILDING DEPARTMENT PLAN REVIEW AND INSPECTION SERVICES AND AUTHORIZING THE MAYOR OR DESIGNEE TO SIGN AMENDMENT NO. 2. WHEREAS, the City identified the need for additional professional consultant services to support the City's Building Department for plan review and inspection services due to an influx of submissions to the Department; and WHEREAS, the City Department of Community Development utilized the MRSC Professional Services Rosters, main category Building Department Services and subcategory Building Inspection Services, for qualified consultants to provide Building Plan Review and Inspection Services; and WHEREAS, the City evaluated the statements of qualifications posted on the roster and selected 4LEAF, Inc. and the most highly qualified firm to provide these services; and WHEREAS, the City Council approved a Consultant Services Agreement with 4LEAF, Inc., on March 31, 2023, and a one year extension in February 2024, and finds it desires to extend said Agreement for an additional year and amend the Agreement to authorize a not to exceed amount of $420,000; and WHEREAS, the City Council finds that it is in the best interests of the residents of Port Orchard to amend the Agreement with 4LEAF, Inc., as described herein and to authorize the Mayor to sign the same; 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 Amendment No. 2 to Contract No. C034-023 City of Port Orchard Professional Services Agreement with 4LEAF, Inc., ("Amendment No. 2"), as set forth in Exhibit 1 to this resolution, which is attached hereto and incorporated herein by this reference and authorizes the Mayor or designee to execute Amendment No. 2. 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 _ day of March 2025. Robert Putaansuu, Mayor ATTEST: 11009308.1 - 366922 - 0001 55 Resolution No. XX Page 2 of 2 Brandy Wallace, MMC, City Clerk 11009308.1 - 366922 - 0001 56 DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB8651D54138CA 034-23 ti LO Port Orchard Contract #: XXXXX Authorized Amount: $, $140,000. Date Start: April 17, 2023 Date End: April 17, 2024 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and 4LEAF, Inc., ("Consultant") organized under the laws of the State of California, located and doing business at 2126 Rheem Drive, Pleasanton, CA 94588 and 1201 Pacific Ave., Ste. 600, Tacoma, WA 98402 (hereinafter the "Consultant"). RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform Plan Review and Building Inspection Services as assigned by the City, which may include the services described in Exhibit "A" of this Agreement which is attached hereto and incorporated herein by this reference as if set forth in full. Additional work may be assigned by the City, however, this Agreement does not obligate the City to assign any specific work or any work to the Consultant. In performing the services, the Consultant shall comply with all federal, state, and local laws and regulations applicable to the services. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $ $140,000 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit `B." City of Port Orchard and Profession! Service Agreement Contract No. 034-23 Page 1 Updated 4/2022 IBDR DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB865D54B8CA 00 LO 3. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the Parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a period commencing on April 17, 2023 and ending April 17, 2024, unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the Consultant's services without additional action by the City Council to authorize execution of the document, provided the additional costs are budgeted. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. City of Port Orchard and 034-23 Professional Service Agreement Contract No. Page 2 Updated 4/2022 IBDR DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB865D54B8CA C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 5. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill, and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 7. Relationship of the Parties; Independent Consultant. The Parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives, and sub -consultants during the City of Port Orchard and 034-23 Professional Service Agreement Contract No. Page 3 Updated 4/2022 [BDR DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB8651D54138CA O O performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Indemnification. Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: i. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. City of Port Orchard and 034-23 Professional Service Agreement Contract No. Page 4 Updated 4/2022 IBDR DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB865D54B8CA limits: iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts oflnsurance. Consultant shall maintain the following insurance i. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-VII. E. Verification of Coverage. The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. City of Port Orchard and 034-23 Professional Service Agreement Contract No. Page 5 Updated 4/2022 IBDR DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB865D54B8CA N W A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 12. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 13. Termination. A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. City of Port Orchard and 034-23 Professional Service Agreement Contract No. Page 6 Updated 4/2022 IBDR DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB865D54B8CA M i. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. ii. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Violation of this Section shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 15. Force Maeure. City of Port Orchard and 034-23 Professional Service Agreement Contract No. Page 7 Updated 4/2022 IBDR DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB865D54B8CA Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Parry for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Parry, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 18. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. Employment of State Retirees. City of Port Orchard and 034-23 Profession( Service Agreement Contract No. Page 8 Updated 4/2022 IBDR DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB865D54B8CA LO W 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. 21. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 22. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. 23. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. 24. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be City of Port Orchard and Professional Service Agreement Contract No. 034-23 Page 9 Updated 4/2022 IBDR DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB865D54B8CA to W deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 Bwallace@cityofportorchard.us Phone:360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: 4LEAF Inc. Joe Nicholas 2126 Rheem Drive Pleasanton, CA 94588 Phone No.: 925-462-5959 Email: inicolas@41eafinc.com 25. Resolution of Disputes; Governinst Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other Party. 26. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 27. Title VI. City of Port Orchard and 034-23 Professional Service Agreement Contract No. Page 10 Updated 4/2022 IBDR DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB865D54B8CA ti The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of.1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination. The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. D. Information and Reports. The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, City of Port Orchard and 034-23 Professional Service Agreement Contract No. Page 11 Updated 4/2022 IBDR DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB8651D54138CA 00 W unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 28. 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. 29. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULTANT By: ,49'e'ne Barry Title: Vice President Date: April 7, 2023 City of Port Orchard and Professional Service Agreement Contract No. 034-23 Page 12 Updated 4/2022 IBDR CITY OF PORT ORCHARD �;�; By: 12aaan,Su.� Robert Putaansuu, Mayor Date: 4/12/2023 ATTEST/AUTHENTICATE IDocuSigned by: �a�n o� Ufa(. AV, dFasasdaannnd�n Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM DocuSigned by: O'�7n1 F�SF�nd57 Port Orchard City Attorney's Office DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B 11 F-DB865D54B8CA tO EXHIBIT A Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but not limited to, the following outlined here or attached separately. City of Pori Orchard and 034-23 Professional Service Agreement Contract No. Page 13 Updated 4/2022I13DR DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB865D54B8CA O ti EXHIBIT B Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance with the rates specified below or attached hereto, as Exhibit B. If this is a multi -year contract and the rates may be increased after the first or second year, then Consultant shall provide the City a minimum of a 60-day advance notice for raising rates, provided the rate adjustment shall not exceed the CPI-U for Seattle/Tacoma/Bellevue. City of Port Orchard and 034-23 Professional Service Agreement Contract No. Page 14 Updated 4/2022 IBDR DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB8651D54138CA ti APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title City of Port Orchard and 034-23 Professional Service Agreement Contract No. Page 15 Updated 4/2022 IBDR DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B11F-DB865D54B8CA N Iti 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 sec). City of Port Orchard and Professional Service Agreement Contract No. 034-23 Page 16 Updated 4/2022 IBDR DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B 11 F-DB865D54B8CA 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING SECTION 6: FEE SCHEDULE FY2023-2024 FEE SCHEDULE & BASIS OF CHARGES For the City of Port Orchard All Rates are Subject to Basis of Charges Plan Review Percentage: 70% Fee includes: (Inclusive of all disciplines except Fire and Civil, which are ➢ Initial review and two (2) rechecks. billed on an hourly basis.) Hourly charges apply after three (3) or Hourly Plan Review: $95 Non -Structural Review more rechecks. $120 Structural Review ➢ Shipping, courier, and electronic service. Staff AuLymentation Building Denartment Services Interim Chief Building Official........................................................................................................... $116/hour Senior Combination Building Inspector (Building Inspector III) ....................................................... $95/hour Commercial Building Inspector (Building Inspector 11).................................................................... $85/hour Residential Building Inspector (Building Inspector 1)........................................................................ $75/hour CivilPlan Review Engineer...........................................................................................................................$140/hour Code Enforcement Officer................................................................................................................ $85/hour Senior Code Enforcement Officer..................................................................................................... $95/hour Administrative Support.................................................................................................................... $52/hour PermitTechnician............................................................................................................................. $60/hour Senior Permit Technician.................................................................................................................. $70/hour Structural Plan Review Engineer...................................................................................................... $120/hour Non -Structural Plans Examiner........................................................................................................ $95/hour FireReview....................................................................................................................................... $115/hour FireInspector I.................................................................................................................................. $85/hour FireInspector 11................................................................................................................................. $95/hour Fire Protection Engineer...................................................................................................................$185/hour PrincipalPlanner............................................................................................................................... $155/hour SeniorPlanner.................................................................................................................................. $140/hour AssociatePlanner.............................................................................................................................$120/hour AssistantPlanner.............................................................................................................................. $100/hour PlanningTechnician.......................................................................................................................... $70/hour PublicWorks Inspector..................................................................................................................... $101/hour ADAInspection / Review.................................................................................................................. $125/hour SoftwareConsultant................................................................................................................................... $150/hour Project Inspector / Inspector of Record........................................................................................... $110/hour OSHPD Review/ Inspector...............................................................................................................$120/hour Permit / Counter Manager............................................................................................................... $90/hour Qualifications to Provide On -Call Plan Review & Inspection Services to the City of Port Orchard Page 18 Section 6: Fee Schedule February 21, 2023 73 DocuSign Envelope ID: 9BCF7DE4-DAE5-4495-B 11 F-DB865D54B8CA 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT PLAN CHECK. BUILDING INSPECTION. PLANNING Off -Site Project Manager ............................................ Principal -in -Charge ..................................................... Director....................................................................... Approved Subconsultant............................................ Hourly overtime charge per inspector ....................... Mileage (for inspections performed within the City). ....... $140/hour ....... $180/hour ....... $185/hour ....... Cost + 20% .......1.5 x hourly rate ....... IRS Rate + 20% *Rates will be communicated with the City Management at time of request. Rates will vary based on the qualifications and experience of the personnel. The rates listed in this fee schedule are valid for one (1) year from the effective date of contract. BASIS OF CHARGES Rates are inclusive of "tools of the trade" such as forms, telephones, and consumables. • All invoicing will be submitted monthly. • Staff Augmentation work (excluding plan review) is subject to 2-hour minimum charges unless stated otherwise. Services billed in 2-hour increments. • Most plan reviews will be done in 10 business days or less and 5 business days or less for re -checks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed: - Scenario #1 (Applicant requested): at 1.5x the plan review fee listed in the Fee Schedule. - Scenario #2 (City requested): at no additional cost to the City. • Plan review of deferred submittals and revisions will be billed at the hourly rates listed above. • All plan review services will be subject to a $250.00 minimum fee if percentage -based fee or two 2-hour minimum charge if hourly rates apply. • All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks. - Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case -by -case basis. - Fire and Civil Reviews are billed on an hourly basis and are not included in the percentage. • 4LEAF assumes that these rates reflect the FY2023-2024 contract period. 3% escalation for FY2025-2026 is negotiable per market conditions. • Overtime and Premium time will be charged as follows: - Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the designated City personnel. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • All billable expenses will be charged at cost plus 10%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts. Qualifications to Provide On -Call Plan Review & Inspection Services to the City of Port Orchard Page 19 Section 6: Fee Schedule February 21, 2023 74 L0 I- DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F Amendment No. 1 to Contract No. C034-23 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. THIS AMENDMENT to Contract No. C034-23 ("Amendment") is made effective as of the 17th day of April 2024, by and between the City of Port Orchard ("City"), a municipal corporation, organized under the laws of the State of Washington, and 4LEAF, Inc., a corporation organized under the laws of the State of California, located and doing business at 2126 Rheem Drive, Pleasanton, CA, 94588 and 1201 Pacific Ave., Ste. 600, Tacoma, WA 98402 ("Consultant"). RECITALS: A. The City and Consultant entered into an agreement on April 17, 2023, for the purpose of Consultant providing on -call Plan Review and Building Inspection Services ("Agreement") for one year with a not to exceed amount of $140,000. B. The City finds the need for continued plan review and building inspection services from Consultant, and therefore, desires to extend the contract term and increase the not to exceed amount to $280,000 for the duration of the Agreement. C. The parties desire to memorialize these changes and amend the Agreement. FIRST AMENDMENT TO AGREEMENT: In consideration of the mutual benefits accruing, the parties agree as follows: 1. Extension. The City hereby exercises the first one-year contract extension set forth in Section 4.A, making the new expiration date April 17, 2025. 2. Amendment. Section 2 of the Agreement is hereby amended to read as follows: 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $ 280,000 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B". 3. Amendment. Exhibit "B" to the Agreement and the rates set forth therein for services are hereby amended as set forth in Exhibit `B-2" entitled "Fee Schedule FY 2024-2025 Fee Schedule & Basis of Charges", which is attached to this Amendment and incorporated DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F herein by reference as if set forth in full. The effective date for the rates in Exhibit `B-2," shall be April 17, 2024. 4. Severability. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. Entire Agreement. The written provisions and terms of this Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as modified by this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. 6. Effective date. This Amendment shall be effective as of April 17, 2024. DATED this 27th day of February 2024. CITY OF PORT ORCHARD, WASHINGTON FDocuSigned by: I� Paaaun wx Robert Putaansuu, Mayor ATTEST/AUTHENTICATED : DocuSigned by: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: eoogsiao•d by. Arch Charlotte er, City Attorney CONSULTANT Z? A 1A 9 Signature V TT Kevin Duggan, President Printed Name and Title DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F 4LEAF, INC. CONSTRUCTION MANAGEMENT • PLAN CHECK INSPECTION • PLANNING • COOE ENFORCEMENT FEE SCHEDULE FY2024-2025 FEE SCHEDULE & BASIS OF CHARGES For the City of Port Orchard All Rates are Subject to Basis of Charges Plan Review Percentage: 70% Fee includes: (Inclusive of all disciplines except Fire and Civil, which are ➢ Initial review and two (2) rechecks. billed on an hourly basis.) Hourly charges apply after three (3) or Hourly Plan Review: $115 Non -Structural Review more rechecks. $150 Structural Review ➢ Shipping, courier, and electronic service. Building ChiefBuilding Official.......................................................................................................................$145/hour Structural Plan Review Engineer......................................................................................................$150/hour Non -Structural Plans Examiner........................................................................................................$115/hour Senior Combination Building Inspector (Building Inspector III) .................................... I..................$115/hour Commercial Building Inspector (Building Inspector II).................................................................... $100/hour Residential Building Inspector (Building Inspector 1)........................................................................ $95/hour Senior Electrical Inspector (Building Inspector III)........................................................................... $115/hour Electrical Inspector (Building II)........................................................................................................$100/hour Electrical Inspector (Building 1).........................................................................................................$95/hour PermitManager................................................................................................................................ $95/hour SeniorPermit Technician.................................................................................................................. $85/hour PermitTechnician............................................................................................................................. $70/hour Clerk/ Administrator........................................................................................................................ $64/hour Civil Plan Review (Grading, Improvement Plans)............................................................................. $165/hour Inspectorof Record.......................................................................................................................... $160/hour GoFormzSoftware.................................................................................................................$50/user monthly Code Enforcement Code Enforcement Director.............................................................................................................. $160/hour CodeEnforcement Manager............................................................................................................$145/hour CodeEnforcement Senior Officer..................................................................................................... $115/hour CodeEnforcement Officer II............................................................................................................. $105/hour CodeEnforcement Officer I.............................................................................................................. $95/hour CodeEnforcement Officer................................................................................................................ $85/hour Fire Fire Protection Engineer (FPE) .......................................................................................................... $225/hour FirePrevention Officer.....................................................................................................................$155/hour City of Port Orchard Page 1 Fee Schedule February 8, 2024 00 ti DocuSign Envelope ID: 17CC067E-270C-45F7-8EE7-ADAC736B808F 4LEAF, INC. CONSTRUCTION MANAGEMENT• PLAN CHECK INSPECTION • PLANNING • CODE ENFORCEMENT FirePlans Examiner.......................................................................................................................... $148/hour FireInspector II.................................................................................................................................$110/hour FireInspector I.................................................................................................................................. $99/hour Project Management ProjectManager...............................................................................................................................$175/hour Principal-in-Charge........................................................................................................................... $225/hour Planning HousingPolicy Director....................................................................................................................$210/hour PlanningDirector.............................................................................................................................. $175/hour Principal/Planning Manager.............................................................................................................$155/hour SeniorPlanner.................................................................................................................................. $145/hour AssociatePlanner.............................................................................................................................$125/hour AssistantPlanner..............................................................................................................................$110/hour PlanningTechnician.......................................................................................................................... $90/hour Engineering Public Works Inspection & Construction Management (Prevailing Waggl Civil Plan Review (Grading, Improvement Plans).............................................................................$165/hour TrafficEngineer................................................................................................................................. $175/hour ConstructionManager......................................................................................................................$165/hour Public Works Inspector (Regular Time)............................................................................................ $130/hour BASIS OF CHARGES • Rates are inclusive of "tools of the trade" such as forms, telephones, and consumables. • All invoicing will be submitted monthly. • Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments. • Most plan reviews will be done in 10 business days or less and 5 business days or less for re -checks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the City. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed. • All plan review services will be subject to a $265.00 minimum fee if percentage -based fee or 2-hour minimum charge if hourly rates apply. • Larger complex plan reviews can be negotiated to achieve the best possible pricing. • All plan review services will be subject to 2-hour minimum fee. • All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks. - Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case -by -case basis. - Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage. • Mileage driven during the course of Inspections will be charged at cost plus 20%. City of Port Orchard Page 2 Fee Schedule February 8, 2024 DqM City of Port Orchard ORCHARD216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Items: Approval of Change Order No. 5 to Contract C059-23 with Stellar J Corporation for the Marina Pump Station Improvement (Ryan) Meeting Date: March 25, 2025 Prepared By: Sayre Thompson, PW Procurement Specialist Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director Summary and Background: In 2020, the City identified critically needed infrastructure improvements at the Marina Pump Station, a key facility that collects and pumps all municipal wastewater to a joint - use treatment plant. Public Works staff developed a scope of work to address these needs, formalized as the Marina Pump Station Improvement Project (the "Project"). On July 28, 2020, the City Council authorized the design phase, which was completed by a qualified consultant. Following a competitive procurement process in compliance with state law and the City's Procurement Policies (Resolution 073-23, as amended), the City awarded Contract No. 059-23 to Stellar J Corporation on August 8, 2023, for project construction. Stellar J Corporation began construction in Winter 2023. During construction, several unforeseen in -ground conditions required modifications to the project's scope. Additional work was necessary to address unexpected water intrusion at the outfall, ensuring long-term structural integrity. Differing site conditions at the existing structure required the use of mechanical couplers, resulting in delays. To improve overall site functionality due to conditions present, modifications were made to the generator enclosure, enhancing vehicle access and pedestrian circulation. Looking ahead, conduits were installed to support a future pump station, and a credit was applied for the removal of existing concrete benching, reducing overall costs. Lastly, adjustments to the wet well coating system provided cost savings while maintaining durability. These modifications are included in Change Order No. 5, which extends the contract by 14 working days and increases the contract amount by $94,925.22, bringing the revised total to $15,438,064.58. Relationship to Comprenhensive Plan: Chapter 7: Utilities Recommendation: Staff recommends the City Council authorize the Mayor to execute Change Order No. 5 to Contract No. C059-23 with Stellar J Corporation for the Marina Pump Station Improvement Project, to increase the contract by $94,925.22 for a contract total of $15,438,064.58 (applicable taxes included). Motion for Consideration: I move to authorize the Mayor to execute Change Order No. 5, which extends contract 059-23 by 14 working days and increases the contract amount by $94,925.22, bringing the total to $15,438,064.58. 79 Has item been presented to Committee/Work Study? If so, which one: No Fiscal Impact: Project funding is budgeted in the 2025-2026 Biennial Budget. The City received a Washington State Department of Ecology Loan in the amount of $13M additional funding has been budgeted from Sewer Capital Projects and Sewer Operating. This change order will be funded with a reduction to Contingency leaving a remaining contingency balance of approximately $267,000. If there are future change orders a budget amendment may be required. Alternatives: Do not approve and provide further guidance. Attachments: C059-23_Marina_LS_CO 5.pdf 80 CITY OF PORT ORCHARD Authorization for Change Order No. 5 Date: 3/14/2025 Contractor: Stellar J Corporation Project: Marina Sewer Lift Station 1363 Downriver Drive Contract / Job # C059-23 THIS CHANGE ORDER AUTHORIZES (add description). Woodland, WA 98674 The following unforeseen issues had to be addressed: additional work related to water intrusion at the outfall (CORO17), differing conditions at the existing structure requiring the use of mechanical couplers and associated delays (CORO18), Modifications to the generator enclosure to improve vehicle and pedestrian circulation (CORO19), Placement of new conduits for a future pump station and credit for removal of concrete benching (COR020), and a credit for modifying wet well coatings (COR021). Total = $17,230.87 (COR017) + $61,361.67 (COR018) + $13,339.51 (COR019) + $4,916.28 (COR020) - $10,000.00 (COR021) = $86,848.33 plus tax. A total of 14 additional working days are granted (2 working days for COR17 and 12 working days for CORO18). 1 Contract History Amount Sales Tax Total Date Appvd by Original Contract $13,621,175.00 $1,2661769.28 $14,887,944.28 08-Aug-23 Council Change Order 1 $34,227.09 $3,183.12 $37,410.21 12-Mar-24 PW Director Change Order 2 $64,253.03 $5,975.53 $70,228.56 12-Mar-24 Council Change Order 3 $248,911.61 $23,148.78 $272,060.39 22-Apr-24 Council Change Order 4 $69,072.20 $6,423.71 $75,495.91 12-Nov-24 Council Change Order 5 $86,848.33 $8,076.89 $94,925.22 Mayor Total Contract $14,124,487.26 $1,305,500.41 $15,438,064.58 have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. C (�� Contracta Approval Signature Casey Cox Printed Name & Title a� Public Works Director Denis Ryan Printed Name Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract Approved: amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of Attest: $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. Mayor City Clerk Council Approval Date 81 CO#5.2025_3_14_Signed by SJC Final Audit Report 2025-03-14 Created: 2025-03-14 By: Sayre Thompson (sthompson@portorchardwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAZfjQVXEzrOl3NDwowT7kg6B6gI<_S1kDy "CO#5.2025_3_14_Signed by SJC" History Document created by Sayre Thompson (sthompson@portorchardwa.gov) 2025-03-14 - 7:31:57 PM GMT Document emailed to Denis Ryan (dryan@portorchardwa.gov) for signature 2025-03-14 - 7:32:01 PM GMT Email viewed by Denis Ryan (dryan@portorchardwa.gov) 2025-03-14 - 7:38:11 PM GMT 1 Document e-signed by Denis Ryan (dryan@portorchardwa.gov) Signature Date: 2025-03-14 - 7:38:26 PM GMT - Time Source: server Agreement completed. 2025-03-14 - 7:38:26 PM GMT a Adobe Acrobat Sign 82 CITY COUNCIL ADVISORY COMMITTEE MEETING DATES STANDING COMMITTEE Date & Time Location Economic Development and Tourism April 14, 2025; 9:30am Remote Access Utilities April 8, 2025; 4:30pm Remote Access Finance April 15, 2025; 4:00pm Remote Access Transportation March 25, 2025; 4:30pm Remote Access Land Use April 16, 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 83