HomeMy WebLinkAbout09/09/2025 - Regular - Packet171. Meeting Location: Contact us:
Council Phone (360)
portor hard
4407
216 Prospect Street cityhall@portorchardwa.gov
Port Orchard, WA 98366 www.portorchardwa.gov
City Council
Regular Meeting
Tuesday, September 9, 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.us/j/83632967319
Zoom Meeting ID: 836 3296 7319
Zoom Call -In: 1 253 215 8782
Guiding Principles
Are we raising the bar in all of our actions?
Are we honoring the past, but not living in the past?
Are we building positive connections with our community and outside partners?
Is the decision -making process building a diverse, equitable, and inclusive community?
1. Call to Order
A. Pledge of Allegiance
2. Approval of Agenda
3. Citizen Comments
(This is an opportunity for citizens to address the City Council on agenda items that are not associated with a
Public Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise
your Zoom hand if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the
official record. If you are attending remotely by Zoom via telephone, enter *9 from your keypad to raise
your hand.)
4. Consent Agenda
(Items listed are to be considered routine in nature and are grouped together in a single motion. A
Councilmember may remove an item for separate consideration upon request. In the event of such request,
the item is placed under Business Items.)
A. Approval of Vouchers and Electronic Payments
B. Approval of Payroll and Direct Deposits
C. Adoption of a Resolution Authorizing the Mayor to Execute a Conservation Grant
September 9, 2025 Meeting Agenda
Agreement with Puget Sound Energy for the Completed Relight Washington Street
Lighting Work under the TIB Phase 3 Project. (Ryan)
D. Adoption of a Resolution Authorizing the City of Port Orchard to Procure Goods and
Services Through U.S. General Services Administration (GSA) Contracts (Ryan)
E. Adoption of a Resolution Authorizing the Mayor to Execute an Interlocal Agreement
with the Washington State Department of Transportation (WSDOT) for Bridge
Inspection Services (Ryan)
F. Acceptance of a Loss Prevention Grant from Association of Washington Cities for
Backup Cameras (Wallace)
G. Approval of Special Event Street Closures: Holiday on the Bay (Wallace)
H. Approval of a Contract with General Code for Municipal Code Codification Services
(Wallace)
I. Ratification of the Mayor's Signature on a Lease Agreement with Special Olympics Flag
Football for a Portion of Van Zee Park (Archer)
J. Ratification of the Mayor's Signature and Authorizing an Interagency Agreement with
the Washington State Administrative Office of the Courts for Interpreter Funding
Services (Wallace)
5. Presentation
6. Public Hearing
(Accepting public testimony from citizens limited to the specific item listed)
7. Executive Session
Pursuant to RCW 42.32.110(1)(i), the City Council WILL hold an executive session. The topic(s)
and the session duration will be announced prior to the executive session.
8. Business Items
A. Adoption of an Ordinance Amending the 2025-2026 Biennial Budget (Crocker)
B. Adoption of an Ordinance Repealing and Replacing Chapter 2.64 of the Port Orchard
Municipal Code, and Amending Sections 15.30.150, 9.30.050, 9.30.080, 9.30.100,
2.76.090, 2.76.100, 2.76.140, 2.82.010, 5.12.110, and 13.04.180, Pertaining to Code
Enforcement and Administrative Appeal Procedures (Archer)
C. Adoption of an Ordinance Amending POMC Section 5.12.100, Modifying the Minimum
Threshold for Required Business Licenses to match the Washington State Model
Ordinance (Crocker)
D. Adoption of a Resolution Approving Amendment No.1 to C062-23 Salish Behavioral
Health Contract Amendment (Crocker)
E. Adoption of a Resolution Approving a Professional Services Agreement with Consor
North America, Inc. for the Design of the Old Clifton Intertie Project. (Ryan)
F. Authorization to Close on the Purchase of Real Property known as 1333 Lloyd Parkway
by the City of Port Orchard for $2,500,000 (Archer)
G. Fee in Lieu of Construction for Salmonberry Apartments (Bond)
H. Approval of Change Order No. 9 to Contract No. C059-23 with Stellar J Corporation for
the Marina Pump Station Improvement Project (Ryan)
I. Approval of the July 15, 2025, City Council Work Study Meeting Minutes
9. Discussion Items
September 9, 2025 Meeting Agenda
2
(No Action to be Taken)
10. 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
11. Report of Mayor
12. Report of Department Heads
13. 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.)
14. Good of the Order
15. Adjournment
ADA Requirements
In compliance with the American with Disabilities Act, if you need accommodations to participate in this meeting, please
contact the City Clerk's office at (360) 876-4407. Notification at least 48 hours in advance of meeting will enable the City
to make arrangements to assure accessibility to this meeting.
REMINDER: Please silence all electronic devices while City Council is in session.
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For current City Council member and contact information, please visit https://portorchardwa.gov/departments/city-
council/.
For Committee Membership please visit https://portorchardwa.gov/city-council-advisory-committees/.
September 9, 2025 Meeting Agenda
3
Q9 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 Conservation Grant
Agreement with Puget Sound Energy for the Completed Relight Washington Street Lighting Work
under the TIB Phase 3 Project. (Ryan)
Meeting Date: September 9, 2025
Prepared By: Sayre Thompson, PW Procurement Specialist
Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director
Summary and Background:
The City of Port Orchard continues to pursue opportunities to reduce energy consumption and
improve operational efficiency. As part of a Transportation Improvement Board (TIB) Phase 3 project,
the City partnered with Puget Sound Energy (PSE) to retrofit municipal streetlights with high -efficiency
LED fixtures. This work was conducted under the City's existing Master Lighting Services Agreement
with PSE (Contract No. 036-18), and a Custom Street Lighting Order (Order No. P_1573605).
Following completion of the retrofit work, the City became eligible for an energy efficiency incentive
through PSE's Relight Washington Program. Under Electric Schedule 83 and Gas Schedule 183, as filed
with the Washington Utilities and Transportation Commission (WUTC), PSE offers conservation grants
to qualifying participants who implement approved energy -saving measures.
The City has been awarded a conservation grant in the amount of $4,655.00 for the completed lighting
improvements under the Relight Washington — City of Port Orchard Phase 3 project. The incentive will
be applied as a credit toward project construction costs; no direct payment will be issued.
Execution of the Conservation Grant Agreement is required to formally accept the incentive and
complete the grant documentation process. This project supports the City's sustainability goals and
contributes to long-term reductions in energy use and maintenance costs.
Relationship to Comprenhensive Plan: Chapter 8 - Transportation
4
Recommendation: Staff recommends that the City Council authorize the Mayor to execute the
Conservation Grant Agreement with Puget Sound Energy to accept an energy efficiency incentive for
previously completed lighting upgrades as a component of the TIB Phase 3 project, lighting upgrade.
Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute a
Conservation Grant Agreement with Puget Sound Energy in the amount of $4,655.00 for the
completed Relight Washington street lighting improvements performed under the City's TIB Phase 3
project.
Has item been presented to Committee/Work Study? If so, which one: No
Fiscal Impact: No budget amendment is necessary. The streetlight retrofit work under the Relight
Washington Phase 3 project has already been completed by the City as part of a Transportation
Improvement Board (TIB)-funded effort. This Conservation Grant Agreement with Puget Sound Energy
provides a $4,655.00 incentive for eligible energy -efficient improvements that were installed. The
incentive will be applied as a credit against the project's construction costs. No direct payment will be
issued to the City.
Alternatives: Do not accept the grant and provide alternate direction.
Attachments:
RESOLUTION - PSE Grant Acceptance
PSE Presigned.pdf
RESOLUTION NO. -25
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE MAYOR TO EXECUTE A CONSERVATION GRANT
AGREEMENT WITH PUGET SOUND ENERGY FOR AN INCENTIVE
ASSOCIATED WITH COMPLETED ENERGY -EFFICIENT STREET
LIGHTING WORK UNDER THE RELIGHT WASHINGTON PROGRAM -
CITY OF PORT ORCHARD PHASE 3
WHEREAS, the City of Port Orchard is committed to improving energy efficiency and
reducing long-term utility costs through strategic upgrades to municipal infrastructure; and
WHEREAS, as part of the Transportation Improvement Board (TIB) Phase 3 project,
the City partnered with Puget Sound Energy (PSE) to retrofit existing streetlights with energy -
efficient LED fixtures; and
WHEREAS, the work was performed under the City's Master Lighting Services
Agreement with PSE (Contract No. 036-18), and was authorized through Custom Street
Lighting Order No. P_1573605, executed on August 11, 2025; and
WHEREAS, the streetlight retrofit work has since been completed and qualifies for an
energy efficiency incentive under PSE's Relight Washington Program, as outlined in Electric
Schedule 83 and Gas Schedule 183 on file with the Washington Utilities and Transportation
Commission (WUTC); and
WHEREAS, PSE has offered a conservation grant in the amount of $4,655.00, to be
applied as a credit toward the construction costs associated with the completed
improvements, with no direct payment to be issued to the City; and
WHEREAS, the Port Orchard City Council finds it in the best interest of the City to
accept the grant and complete the associated documentation; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the Mayor to execute the Conservation Grant
Agreement with Puget Sound Energy, attached hereto as Exhibit A and incorporated herein
by this reference, and to execute all other documents necessary to carry out the terms and
intent of this Resolution.
THAT: This Resolution shall take full force and effect upon passage and signatures
hereon.
11104880.1 - 366922 - 0001
6
Resolution No. -25
Page 2 of 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 this 9th day of September, 2025.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
11104880.1- 366922 - 0001
7
PUGETSOUND ENERGY Conservation Agreement No.:Program: Business Lighting
Project No.: P1573605
Type text here
CONSERVATION
GRANT AGREEMENT
This AGREEMENT is made this 11th day of August , 2025 ,by and between
PUGET SOUND ENERGY ("PSE") and CITY OF PORT ORCHARD ("Participant").
RECITALS
A. Under PSE's Electric Schedule 83 and Gas Schedule 183, as currently in effect and on file with the Washington Utilities
and Transportation Commission (collectively, "Tariffs"), PSE offers grants for certain conservation measures installed or
implemented at facilities that receive electric or natural gas service from PSE.
B. Participant intends to install or implement conservation measures and is requesting a grant from PSE.
AGREEMENTS
PSE and Participant agree as follows:
PROJECT PREMISES/METER LOCATION ADDRESS: TIB PORT ORCHARD PH 3 ST LIGHTS PORT
ORCHARD WA 98366 - RELIGHT WASHINGTON (TIB) - CITY OF PORT ORCHARD PH 3 (Please note:
meter location/address may differ from the site mailing address). Participant will install or implement the
conservation measures listed in paragraph 2 ("Conservation Measures") at the above located facilities (the
"Premises"). Participant represents either (a) that it is the owner or otherwise has the lawful authority to make the
statements herein on behalf of the owner of the Premises, or (b) that it is the lawful tenant of the Premises and that it
has obtained written authorization from the owner of the Premises.
2. Conservation Measures. Participant represents that it will purchase equipment or materials or has entered or will
enter into an agreement with one or more contractors (the "Contractor") for the purchase and installation or
implementation at the Premises of the Conservation Measures which may be detailed in Attachment C: Attachment
to Conservation Grant, at the following costs:
Measure
Conservation Measures
Total Cost
Eligible Grant
Life
1.
Lighting - Street - Custom
20
$4,655.21
$4,655.00
TOTAL (includes sales tax) $4,655.21 $4,655.00
Participant represents that the total cost of the Conservation Measures is the net amount of its obligation with respect
thereto.
3. Grant. Upon the execution by all parties and PSE's receipt of this Conservation Grant Agreement within 90 days
of the agreement date, PSE agrees to grant the Participant, after installation by Participant and confirmation by PSE
of the Conservation Measures, an amount equal to the Eligible Conservation Grant ("the Grant") set forth in
Attachment C.
4386 4/13 rev 11/21/2017 Page 1 of 3
8
PUGETSOUND ENERGY Conservation Agreement No.:Program: Business Lighting
Project No.: P_1573605
The parties agree that the Conservation Measures must be installed and the Grant paid within 12 months for
projects saving less than 100,000 kWh or 24 months for projects saving 100,000 kWh or more of the signing of
this Conservation Grant Agreement. Savings are shown on Attachment C -Lighting Installations.
If for any reason the installed cost of the Conservation Measures is less than the amount shown above and on
Attachment C -Lighting Installations, PSE may decrease pro rata the amount of the Grant. The Participant shall be
responsible for paying any amount in excess of the amount of the Grant.
Separate Contract. Participant acknowledges and agrees that PSE is not, and shall not be deemed to be, a party to
any purchase or installation contract relating to Conservation Measures, which shall be installed pursuant to a
contract between Participant and its Contractor(s). Participant expressly acknowledges that PSE's involvement with
respect to any aspect of the Conservation Measures is limited to the furnishing of the Grant. PSE HAS NOT MADE
AND DOES NOT MAKE (AND PARTICIPANT ACKNOWLEDGES THAT PSE DOES NOT MAKE) ANY
IMPLIED OR EXPRESS WARRANTY (INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS) REPRESENTATION, OR PROMISE WITH
RESPECT TO EITHER (A) THE CONSERVATION MEASURES, (B) ANY MATERIALS AND LABOR
REQUIRED FOR OR USED IN THE INSTALLATION OF THE CONSERVATION MEASURES, OR (C)
THE INSTALLATION OF THE CONSERVATION MEASURES.
5. Final Cost Documentation, Access & Inspection: Participant agrees to promptly provide PSE, upon request, and
for a period no shorter than the longest applicable measure life: (1) documentation verifying equipment purchased
and/or work performed in connection with the Conservation Measures installed; (2) reasonable access to and
inspection of the Facility and Conservation Measures installed therein before, during and/or after implementation;
and (3) reasonable access to, inspection and use of energy usage data related to the Conservation Measures
including release of utility bills and Facility energy consumption information following implementation.
6. Release. Participant releases PSE from any and all claims, losses, harm, costs, liabilities, damages and expenses
directly or indirectly resulting from or in connection with (a) the Conservation Measures, (b) any materials and
labor required for or used in the installation of the Conservation Measures, (c) the installation of the Conservation
Measures, or (d) the identification, handling and disposal of any associated hazardous waste materials.
7. Disclaimer. PSE conducts energy analyses at the request of its customers to determine the extent to which
conservation measures are cost—effective. Any estimate of energy savings made by PSE in connection with any
such analyses is solely for the purpose of determining the cost—effectiveness of the particular conservation
measures and not to be used for any other purpose. PSE has not and does not make any promise, warranty or
representation with respect to any savings in energy consumption from Conservation Measures.
8. Termination. In the event a Participant's contribution to PSE's recovery of energy efficiency program costs is
affected by all or a portion of Participant's electric and/or gas delivery service being provided by a party other than
PSE, then Participant shall refund to PSE an amount equal to the ratio of the unused Measure Life of the
measure(s) to the total Measure Life of such Conservation Measure(s) multiplied by the dollar amount of the Grant
with respect to such Conservation Measure(s).
9. Incorporation of tariffs by reference. This Agreement and the Attachment To Conservation Grant are subject to
the terms of the Tariffs, incorporated herein by reference. Specific terms and conditions from one or more
conservation schedules from similar filed tariffs may also apply, as determined by PSE at its sole discretion, based
on various criteria. A complete list of conservation schedules is available at:
https://www.pse.com/-/media/Project/PSE/Portal/Rate-documents/Electric/elec sch 250.pdf
10. Entire Agreement. This Agreement and its attachments set forth the entire agreement between the parties and
supersede any and all prior agreements with respect to the Conservation Measures. No change, amendment or
modification of any provision of this Agreement shall be valid unless set forth in writing and signed by both
parties.
4386 4/13 rev 11/21/2017 Page 2 of 3
9
ConservationPPUGET SOUND ENERGY Agreement No.:
Project No.:
PUGET SOUND ENERGY PARTICIPANT
ri
By:
1227 pm, Aug 11 2025
Name: Andrew Pultorak
Title: Supv Energy Mgmt. Engineering
CITY OF PORT ORCHARD
IM
Print Name:
Title:
Federal Tax I.D. No.:
Business Lighting
1
P_1573605
4386 4/13 rev 11/21/2017 Page 3 of 3
10
PUGET SOUND ENERGY Conservation Program: Business Lighting
Agreement No.: 1
Project No.: P_1573605
ATTACHMENT C
TO CONSERVATION GRANT
Conservation Measure(s) shall consist of the following:
This project shall implement the Business Standard Lighting project defined in the attached
"Grant Attachment C - Lighting Installations" of the PSE Business Lighting Incentive Program
Application.
At a minimum the project shall follow these specifications:
1) LED Fixtures and Lamps: All Fixtures and Lamps must be UL or ETL listed, have a Power
Factor 90% or greater, and have a Manufacturer's Warranty of five years or greater. Data
shall be listed on the required manufacturer's specification sheet and the sheet shall
include the Total Input watts (LED module plus driver) of the fixture or lamp.
2) Advanced Controls (LLLC, NLC & AELC): All Advanced Controls are defined and shall meet
the requirements listed on the Terms page of the Lighting Application. All Advanced
controls shall be approved by PSE prior to installation.
The above specifications are solely for the purpose of defining energy -related components of Conservation Measure(s) for which
the Grant is offered. Puget Sound Energy is not responsible for ensuring the health, safety, comfort, or well-being of workers or
facility occupants or the suitability of equipment selected for the intended application. It is the responsibility of the grant
Participant and the Participant's hired designers, contractors, consultants to ensure compliance of the Conservation Measure(s)
with Participant's needs and all applicable codes and standards.
The following shall be submitted by Participant prior to Grant payment:
Completed Request for Taxpayer I.D. Number ("W-9").
Copies of invoicing (no purchase orders, quotes, or estimates) for all expenses, including but not limited to equipment,
materials, and labor associated with installation of Conservation Measure(s).
Other (specify):
60114/13 Pagelof2 of 2 11
P1/GET SOUND ENERGY Conservation Agreement No. Program: Business Lighting
Project No.: P_1573605
ATTACHMENT C
TO CONSERVATION GRANT
Conservation Measure(s) shall be verified as follows prior to Grant payment:
PSE shall conduct the following as the verification process:
1) A final site visit may be conducted by a PSE Representative to verify as built fixture types
and quantities. PSE reserves the right to conduct onsite verifications for Projects with
25,000 kWh or less.
2) Projects may require additional back-up documentation as requested by PSE
Representative.
3) All Advanced Controls shall require an onsite verification after the controls are installed
and operational for at least 30 days.
If intended energy savings are not being achieved by Conservation Measure(s) because specified equipment efficiency
parameters or performance parameters defined above are not used, Participant shall be required to correct such deficiencies
prior to Grant payment. Failure to comply with specified equipment efficiency or performance parameters may result in
forfeiture or reduction of Grant payment.
60114/13 Page 2 of 2 12
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13
Ong City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
1.. (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda: Adoption of a Resolution Authorizing the City of Port Orchard to Procure Goods and
Services Through U.S. General Services Administration (GSA) Contracts (Ryan)
Meeting Date: September 9, 2025
Prepared By: Sayre Thompson, PW Procurement Specialist
Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director
Summary and Background:
The City of Port Orchard purchases a wide range of materials, equipment, supplies, and services to
support both day-to-day operations and capital projects. State law provides several options for
procurement, including competitive bidding, cooperative purchasing, and interlocal
agreements. Under RCW 39.32.090, cities may purchase supplies, materials, or equipment directly
through the United States General Services Administration, similar to how purchases are made
through the Washington State Department of Enterprise Services, when authorized by resolution.
RCW 39.34, the Interlocal Cooperation Act, also allows municipalities to work with other government
agencies to make efficient use of resources.
The United States General Services Administration, or GSA, maintains competitively bid contracts for a
wide variety of products and services. Authorizing the City to utilize these contracts will provide access
to pre -negotiated pricing, streamline procurement, and reduce administrative costs. This resolution
would add GSA contracts as another tool available to the City for procuring goods and services,
providing streamlined procurement and purchasing.
Relationship to Comprenhensive Plan: N/A
Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the City of
Port Orchard to utilize United States General Services Administration (GSA) contracts for the
procurement of materials, equipment, supplies, and services.
Motion for Consideration: I move to adopt a Resolution authorizing the City of Port Orchard to utilize
United States General Services Administration (GSA) contracts for the procurement of materials,
equipment, supplies, and services.
Has item been presented to Committee/Work Study? If so, which one: No
14
Fiscal Impact: No direct fiscal impact. Any purchases made under GSA contracts will be budgeted and
expended within the City's adopted biennial budget.
Alternatives: Do not approve and provide further guidance.
Attachments:
RESOLUTION - GSA
15
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE PROCUREMENT OF GOODS AND SERVICES FROM OR THROUGH THE UNITED
STATES FEDERAL GOVERNMENT, GENERAL SERVICES ADMINISTRATION (GSA),
PRUSUANT TO RCW 39.31.090.
WHEREAS, RCW 39.34, the Interlocal Cooperation Act, authorizes local governments to
cooperate with other governmental entities to make efficient use of their powers and resources;
and
WHEREAS, RCW 39.32.090 permits any city or town to acquire supplies, materials, or
equipment from and through the United States federal government in reliance on the
procurement process utilized by the federal government where such purchases are made
pursuant to duly adopted rules or regulations of the governing body; and
WHEREAS, the City Council of the City of Port Orchard desires to authorize the City to
utilize the United States General Services Administration (GSA) contracts as an additional means
of streamlined and effective procurement; and
WHEREAS, the City Council finds that utilizing GSA contracts will provide the City with
competitive pricing and streamlined procurement processes consistent with applicable State and
City procurement requirements; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: The Port Orchard City Council hereby authorizes the use of United States General
Services Administration (GSA) contracts for the procurement of materials, equipment, supplies,
and services for the City.
THAT: The Mayor, or designee, is authorized to take such actions and execute such
agreements as may be necessary to carry out the intent of this resolution.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
11104878.1 - 366922 - 0001
16
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 9th day of September, 2025.
Robert Putaansuu, Mayor
City Clerk, Brandy Wallace, MMC
11104878.1- 366922 - 0001
17
Ong City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
1.. (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda: Adoption of a Resolution Authorizing the Mayor to Execute an Interlocal Agreement
with the Washington State Department of Transportation (WSDOT) for Bridge Inspection Services
(Ryan)
Meeting Date: September 9, 2025
Prepared By: Sayre Thompson, PW Procurement Specialist
Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director
Summary and Background:
The City of Port Orchard is required to conduct regular inspections of its bridge infrastructure in
accordance with state and federal requirements. The Lund Avenue Bridge is scheduled for inspection
in October 2025.
Because the City does not own the specialized equipment necessary to perform this inspection, staff
recommend entering into an Interlocal Agreement with the Washington State Department of
Transportation (WSDOT). WSDOT owns and operates an Under Bridge Inspection Truck (UBIT) and has
the qualified personnel needed to complete the inspection.
The proposed Agreement (GCC1259) establishes the terms under which WSDOT will perform bridge
inspections for the City, including use of the UBIT and operators, billing procedures, and
responsibilities for traffic control. The agreement has a ten-year term, providing the City with a
standing mechanism to request bridge inspection services as needed during that period.
Exhibit A of the Agreement identifies the Lund Avenue Bridge as scheduled for an inspection in
October 2025, with an estimated 20 hours of inspection time. Exhibit B provides the cost rates,
including hourly labor and equipment charges.
Approval of this Agreement ensures that the City can meet inspection requirements, maintain
compliance with state and federal standards, and access specialized equipment and expertise not
18
otherwise available in-house.
Relationship to Comprenhensive Plan: 8 - Transportation
Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the Mayor
to execute an Interlocal Agreement with the Washington State Department of Transportation
(WSDOT) for use of an Under Bridge Inspection Truck (UBIT) and operators to perform inspections on
City -owned bridges.
Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute an
Interlocal Agreement with the Washington State Department of Transportation (WSDOT) for bridge
inspection services, in a form approved by the city attorney, with the October 2025 Lund Avenue
Bridge inspection estimated at $5,852.80.
Has item been presented to Committee/Work Study? If so, which one: No
Fiscal Impact: The 2025-2026 biennial budget provides funding for these expenses under
002.05.542.50.40.
The City will reimburse WSDOT for actual costs incurred based on current hourly labor and equipment
rates. For the October 2025 Lund Avenue Bridge inspection, costs are estimated at approximately
$5,852.80. Additional inspections requested during the life of the agreement will be billed at WSDOT's
then -current rates. These inspection costs are budgeted within the City's annual allocation for bridge
inspection and maintenance.
Alternatives: Do not approve and provide further guidance.
Attachments:
GCC1 259 - 2025 Bridge Inspection Agreement for City of Port Orchard - Unsigned.pdf
RESOLUTION - WSDOT Interlocal.docx
19
Public Agency and Address
Bridge Inspection Agreement
Name: City of Port Orchard
Address: 216 Prospect Street
City, State Zip: Port Orchard, WA 98366
Agreement Number: GCC1259
Exhibits: A - Scope of Work, B - Cost Rates
This Agreement (GCC1 259) is between the Washington State Department of Transportation
(WSDOT) and the above -named entity City of Port Orchard, also referenced as "Party" and the
"Parties."
RECITALS
Whereas, the Agency, on a periodic basis, has a need to have certain bridges under its
jurisdiction and responsibility regularly inspected., and
2. Whereas, WSDOT has qualified personnel and equipment and is willing to perform the
bridge inspection work as mutually agreed upon,
Now therefore, pursuant to RCW 47.28.140, the above recitals that are incorporated herein as if
fully set forth below, and in consideration of the terms, conditions, and provisions contained
herein, and the attached Exhibits A and B, which are by this reference made a part of this
Agreement, are hereby agreed as follows:
1. GENERAL TERMS, SCOPE OF WORK, AND TERM
1.1 This Agreement provides the terms and conditions for WSDOT periodic bridge inspection
work to be performed on Agency -owned bridges at the Agency's request and expense. The
bridges to be inspected are listed in Exhibit A, Scope of Work. WSDOT shall initiate the
inspections of the bridges listed in Exhibit A when each bridge is due for an inspection
unless the Agency notifies WSDOT in writing not to inspect a bridge 60 days prior to the
bridge's due date. Also included in Exhibit A are the estimated hours to complete each type
of inspection on each bridge and the next anticipated dates for their inspection.
1.2 The Agency does not guarantee a minimum number of bridge inspection requests, and
WSDOT does not guarantee to perform any or all the Agency bridge inspection request(s).
Should WSDOT decline to perform a requested bridge inspection for any reason, WSDOT
shall not be liable for any costs incurred by the Agency or damages incurred by any third
party related to WSDOT's decision to perform a requested bridge inspection.
1.3 WSDOT, on behalf of the Agency or in conjunction with the Agency, may perform bridge
inspection work for the Agency upon request. Bridge inspection requests for bridges not
listed in Exhibit A shall be made in writing. Each request shall identify the bridge to be
inspected and the type of inspection. WSDOT will respond in writing to the Agency's
request within fifteen (15) calendar days. WSDOT will identify the estimated time for the
inspection and the estimated cost. Inspection dates will be mutually agreed upon by the
Parties.
Page 1 of 6
20
1.4 For bridge inspections where WSDOT provides the lead bridge inspector along with WSDOT
equipment and an operator, WSDOT shall provide a draft bridge inspection report to the
Agency's Contract Administrator listed below. WSDOT shall enter the completed
inspection report data into the Bridgeworks database. The Agency shall have five (5)
business days to review and comment upon the draft bridge inspection report prior to a
final bridge inspection report being prepared by WSDOT. The final bridge inspection report
shall be prepared within ten (10) business days after receipt of the Agency's comments, if
any. Business days for this Agreement are defined as Monday through Friday, excluding
Washington State holidays per RCW 1.16.050 and any Party's furlough days.
WSDOT agrees that the Agency may use its own certified lead bridge inspector to work with
WSDOT's equipment and operator. Should the Agency choose to provide its own certified
lead bridge inspector, the Agency shall be solely responsible for preparing its own bridge
report.
Contract Administrator: Denis Ryan
Title: Public Works Director
Email address and phone number: dryan@portorchardwa.gov, (360)876-4991
Mailing address: 216 Prospect Street
Port Orchard, WA 98366
1.5 Traffic control, if needed, will be provided by the Agency at its sole cost. Traffic control
costs are not included in the WSDOT cost rates.
1.6 Term: This Agreement shall remain in effect for ten (10) years from the date of execution, at
which time this Agreement shall automatically terminate, unless extended by written
amendment according to the conditions in Section 3, Amendment, below.
2. BILLING AND PAYMENT
2.1 The Agency agrees to reimburse WSDOT for actual direct and related indirect costs to
perform the bridge inspection work as requested by the Agency at the then current WSDOT
cost rate. Upon completion of the work, WSDOT shall submit a detailed invoice, identifying
the bridge(s) inspected, the inspection hours worked, the type of inspection, the rates to be
applied, and the total amount due.
2.2 WSDOT's current billing rates are shown in Exhibit B, Cost Rates. It is anticipated that these
rates will increase over the life of the Agreement, and the Agency acknowledges and agrees
that WSDOT shall bill its current rates at the time the bridge inspection work is performed.
2.3 The WSDOT may submit invoices at any time, but not more frequently than once per month.
WSDOT shall send appropriately documented invoices for work completed to the following
address:
Agency: City of Port Orchard
Attention: Denis Ryan
Address: 216 Prospect Street
City, State, Zip: Port Orchard, WA 98366
Page 2 of 6
21
2.4 The Agency agrees to reimburse WSDOTwithin thirty (30) calendar days from receipt of an
invoice (the "Due Date"). In the event the Agency fails to make payment by the Due Date,
the Agency will pay WSDOT interest on outstanding balances at the rate of twelve percent
(12%) per annum, or the highest rate of interest allowable by law, whichever is greater.
Interest shall be calculated from the Due Date to the date of payment.
If the Agency objects to all or any portion of an invoice, it shall notify WSDOTwithin twenty
(20) calendar days from the date of receipt and shall pay only that portion of the invoice not
in dispute. WSDOT and the Agency shall make every effort to settle the disputed portion,
and if necessary, utilize the dispute resolution provided for in Section 10. No interest shall
be due to any portion of an invoice. The Agency is determined not to owe the following
settlement between the Parties or completion of dispute resolution process.
The Agency shall remit all payments to the following address:
Washington State Department of Transportation
CASHIER
P.O. BOX 47305
OLYMPIA, WA 98504-7305
3. AMENDMENT
3.1 The Parties may mutually amend this Agreement at any time. The amendments shall not be
binding unless they are made in writing and signed by personnel authorized to bind each
Party, prior to performing any of the bridge inspection work that would be covered by the
amendment.
4. WAIVER
4.1 A failure by a Party to exercise its rights under this Agreement shall not preclude that Party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this Agreement unless stated to be such in writing signed by an authorized
representative of the waiving Party and attached to the original Agreement.
5. ALL WRITINGS CONTAINED HEREIN
5.1 This Agreement contains all the terms and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind the Parties.
6. TERMINATION
6.1 Either Party may terminate this Agreement upon thirty (30) calendar days prior written
notice to the other Party. If this Agreement is so terminated, the Parties shall be liable only
for the performance rendered or costs incurred in accordance with the terms of this
Agreement prior to the effective date of termination, including all non -cancellable
obligations.
Page 3 of 6
22
7. AUDIT AND RECORDS
7.1 The Parties to this Agreement shall maintain books, records, and documents, that properly
reflect the work, and all direct and indirect costs expended in the performance of this
Agreement for a period of not less than 6 (six) years from the end date of the Agreement.
These records shall be subject to inspection, review, or audit by personnel of both Parties.
The Office of the State Auditor, federal authorities, and any person duly authorized by the
Parties shall have full access and the right to examine any of these materials. Each Party
shall be responsible for its own costs and fees.
8. LEGAL RELATIONS
8.1 WSDOT's relation to the AGENCY shall always be as an independent contractor. Further,
WSDOT shall perform the work as provided under this Agreement solely for the benefit of
the AGENCY and not for any third party.
9. INDEMNIFICATION
9.1 To the fullest extent permitted by law, each Party to this Agreement will protect, defend,
indemnify, and save harmless the other Party, its officers, officials, employees, and agents,
while acting within the scope of their employment as such, from any and all costs, claims,
judgments, and/or awards of damages (both to persons and property), arising out of, or in
any way resulting from, each Party's negligent acts or omissions with respect to the
provisions of this Agreement. Neither Party will be required to indemnify, defend, or save
harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to
persons and property) is caused by the sole negligence of the other Party. Where such
claims, suits, or actions result from the concurrent negligence of the Parties, their agents,
officials, or employees, and/or involve those actions covered by RCW 4.24.115, the
indemnity provisions provided herein will be valid and enforceable only to the extent of the
negligence of the indemnifying Party, its agents, officials, or employees.
9.2 The Parties agree that their obligations under this section extend to any claim, demand,
and/or cause of action brought by, or on behalf of, any of their officers, officials,
employees, or agents. For this purpose, only the Parties, by mutual negotiation, hereby
waive, with respect to each other only, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of Title 51 RCW.
9.3 This indemnification and waiver will survive the termination of this Agreement.
10. DISPUTE RESOLUTION
10.1 The Parties shall work collaboratively to resolve disputes and issues arising out of, or
related to, this Agreement. Disagreements shall be resolved promptly and at the lowest
level of hierarchy. To this end, following the dispute resolution process shown below shall
be a prerequisite to the filing of litigation concerning any dispute between the Parties:
10.1.1 The representatives designated in this Agreement shall use their best efforts to
resolve disputes and issues arising out of or related to this Agreement. The
Page 4 of 6
23
representatives shall communicate regularly to discuss the status of the tasks to be
performed hereunder and to resolve any disputes or issues related to the
successful performance of this Agreement. The representatives shall cooperate in
providing staff support to facilitate the performance of this Agreement and the
resolution of any disputes or issues arising during the term of this Agreement.
10.1.2 A Party's representative shall notify the other Party in writing of any dispute or issue
that the representative believes may require formal resolution according to the
section. The representatives shall meet within five (5) working days of receiving the
written notice and attempt to resolve the dispute.
10.1.3 In the event the representatives cannot resolve the dispute or issue, the Entity, and
WSDOT's Region Administrator, or their respective designees, shall meet and
engage in good faith negotiations to resolve the dispute.
10.1.4 In the event the Entity and WSDOT's Region Administrator, or their respective
designees, cannot resolve the dispute or issue, the Entity and WSDOT shall each
appoint a member to a Dispute Board. These two members shall then select a third
member not affiliated with either Party. The three -member board shall conduct a
dispute resolution hearing that shall be informal and unrecorded. All expenses for
the third member of the Dispute Board shall be shared equally by both Parties;
however, each Party shall be responsible for its own costs and fees.
11. VENUE AND ATTORNEY'S FEES
11.1 In the event that either Party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement, the Parties agree that any action or
proceeding shall be brought in a court of competent jurisdiction situated in Thurston County,
Washington. Further, the Parties agree that each shall be solely responsible for payment of its own
attorney's fees, witness fees, and costs.
12. RIGHT OF ENTRY
12.1 The Agency hereby grants to the WSDOT a right of entry upon all land in which the Agency
has interest, within or adjacent to the right of way of the bridge to be inspected for the
purpose of accomplishing the work described in this Agreement. Such right of entry shall
commence upon execution of this Agreement and shall continue until termination of this
Agreement under any applicable provision.
13. SEVERABILITY
13.1 If any term or condition of this Agreement is held invalid, such invalidity shall not affect the
validity of the other terms or conditions of this Agreement.
Page 5 of 6
24
14. ASSURANCES
14.1 The Parties agree that all activity pursuant to this Agreement shall be in accordance with all
applicable federal, state and local laws, rules, and regulations as they currently exist or as
amended.
15. INTERPRETATION
15.1 This Agreement shall be interpreted in accordance with the laws of the state of Washington.
The titles to paragraphs and sections of this Agreement are for convenience only and shall
have no effect on the construction or interpretation of any part hereof.
16. AUTHORITY TO BIND
16.1 The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement.
17. COUNTERPARTS AND ELECTRONIC SIGNATURE
17.1 This Agreement may be executed in counterparts or in duplicate originals. Each counterpart
or each duplicate shall be deemed an original copy of this Agreement signed by each Party,
for all purposes. Electronic signatures or signatures transmitted via e-mail in a "PDF" may
be used in place of original signatures on this Agreement. Each Party intends to be bound
by its electronic or "PDF" signature on this Agreement and is aware that the other parties
are relying on its electronic or "PDF" signature.
In witness whereof, the Parties have executed this Agreement.
Washington State
Agency
Department of Transportation
By:
By: Ong IEOel
Printed:
Printed:
Gregory A. Seipel
Title:
Title:
Bridge Preservation Engineer
Date:
Date:
8/18/2025
Approved As to Form on behalf of WSDOT
Mark F. Schumock
Date: 5/12/21
Page 6 of 6
25
Exhibit A - Agreement ^
Scheduled IJ Reedyto Bill
Scope for City of Port
Orchard (GCC1259) 0 Cancelled B Billed Not Paid
Report in Progress $ Paid
Structure Id Bridge No Bridge Name Type Freq. Last Insp. Next Insp. 2025 2026
2027 2028
2029 2030
2031 2032
2033 2034
08477200 10 LUNDAVENUE BRIDGE 2MNU 24 10/1/2025 $5,852.80..
$2,926.40
$2,926.40..
$2,926.40
$2,926.40
(20.00 Hrs)
(20.00 Hrs)
(20.00 Hrs)
(20.00 Hrs)
(20.00 Hrs)
Total for Year $5,852.80
$2,926.40
$2,926.40
$2,926.40
$2,926.40
CumulativeTotal $5,852.80 $5,852.80
$8,779.20 $8,779.20
$11,705.60 $11,705.60
$14,632.00 $14,632.00
$17,558.40 $17,558.40
26
Exhibit B
Cost Rates Bridge Inspection Estimated Hourly Rate
Type of Inspection
Estimated Hourly
Labor Rates
Estimated Hourly
OT Labor Rates
Estimated Hourly
Equipment Rates
2 MAN UBIT INSPECTION
$
165.92
$
215.68
$
75.99
1 Bucket Operator&1 1 UBIT Driver
Excludes Lead Inspector
RFZ-RF^
3 MAN UBIT INSPECTION
$
269.18
$
351.87
$
75.99
1 Lead Inspector, 1 Co -Inspector & 1 UBIT Driver
BE3-BE3-BE5
ROUTINE/SAFETY INSPECTION
$
186.22
$
244.03
$
7.30
1 Lead Inspector&1 1 Co -Inspector
BE5-BE3
DECK/TUNNEL/FERRY TERMINALS
$
206.52
$
272.38
$
16.55
1 Lead Inspector & 1 Co -Inspector
BE5-BE5
UNDERWATER BRIDGE INSPECTION
$
309.78
$
408.57
$
29.28
3 Man Dive Team
2E5-BES-BES
UNDERWATER BRIDGE INSPECTION
$
413.04
$
544.76
$
29.28
4 Man Dive Team
3E5-BES-BES-BE:
Title: Hourly Labor Rates 7/1/25
Estimated Hourly
Rate:
Estimated O/T
Hourly Rate:
Bridge Engineer 3 -
Range 65
$ 82.96
$
107.84
Bridge Engineer 4 -
Range 71
$ 94.55
$
127.14
Bridge Engineer 5 -
Range 75
$ 103.26
$
136.19
Bridge Engineer 6 -
Range 79
$ 112.87
$
149.44
Inspection Vehicles: Rates Assumed 7/1/2025
Ford E350 4x4 Van $ 7.30
Ford F250 $ 7.40
Ford Van F450 - Dive $ 14.63
2019 Munson 26 FT Dive Aluminum $ 14.65
Boat W/Trl & Trailer Tandem Shell Boat W/Trl $ 1.92
International UBIT 62 Foot $ 68.69
Notes:
Actual Labor Rates will be charged
Fiscal Year 2026 Federal Indirect Cost Rate of 11.34% will be added to Invoices
Hourly Rates Do Not Include Traffic Control
27
Meals Lodging by County
County
Seasonal
Lodging
Rates
Total Daily Rate
Meals & Lodging
W/O Tax
Adams County
$178.00
Asotin County
$178.00
Benton County
$216.00
Chelan County
$178.00
Clallam County
7/1 - 8/31
$327.00
9/1 - 6/30
$229.00
Clark County
6/1 -10/31
$241.00
Columbia County
$178.00
Cowlitz County
6/1 -10/31
$241.00
Douglas County
$178.00
Ferry County
$178.00
Franklin County
$216.00
Garfield County
$178.00
Grant County
$178.00
Grays Harbor County
7/1 -8/31
$218.00
9/1 - 6/30
$196.00
Island County
$178.00
Jefferson County
7/1 - 8/31
$327.00
9/1 - 6/30
$229.00
King County
5/1-10/31
$340.00
11/1 -4/30
$280.00
Kitsap County
$178.00
Kittitas County
$178.00
Klickitat County
$178.00
Lewis County
$178.00
Lincoln County
$178.00
Mason County
$178.00
Okanogan County
$178.00
Pacific County
$178.00
Pend Oreille County
$178.00
Pierce County
$222.00
San Juan County
$178.00
Skagit County
$178.00
Skamania County
$241.00
Snohomish County
6/1 - 8/31
$226.00
9/1 -5/31
$199.00
Spokane County
$212.00
Stevens County
$178.00
Thurston County
7/1-8/31
$255.00
9/1-11/30
$208.00
12/1-6/30
$231.00
Wahkiakum County
$178.00
Walla Walla County
$178.00
Whatcom County
$178.00
Whitman County
$178.00
Yakima County
$178.00
28
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION (WSDOT) FOR BRIDGE INSPECTION SERVICES 2025-2035.
WHEREAS, the City of Port Orchard is required to conduct regular inspections of its bridge
infrastructure in accordance with state and federal requirements; and
WHEREAS, the Lund Avenue Bridge is scheduled for inspection in October 2025, requiring
specialized access equipment not owned by the City; and
WHEREAS, the Washington State Department of Transportation (WSDOT) owns and
operates an Under Bridge Inspection Truck (UBIT) and provides qualified operators to perform
such inspections; and
WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, public agencies may
enter into agreements to jointly exercise powers, privileges, or authorities, thereby achieving
efficiencies through shared resources; and
WHEREAS, the proposed Interlocal Agreement (GCC1259) establishes the terms under
which WSDOT will provide bridge inspection services for the City, including use of the UBIT and
operators, billing procedures, and responsibilities for traffic control; and
WHEREAS, the agreement has a ten-year term, providing the City with a standing
mechanism to request bridge inspection services as needed; and
WHEREAS, Exhibit A to the agreement identifies the Lund Avenue Bridge for inspection in
October 2025, with an estimated 20 hours of inspection time at an estimated cost of $5,852.80,
which is budgeted within the City's annual bridge inspection and maintenance program;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: The Mayor is authorized to execute the Interlocal Agreement with the Washington
State Department of Transportation (WSDOT) for bridge inspection services, including use of the
11091585.1 -
29
Under Bridge Inspection Truck (UBIT) and operators, substantially in the form attached hereto as
Exhibit A.
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 9t" day of September, 2025.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
11091585.1 -
30
Ong City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
1.. (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda: Acceptance of a Loss Prevention Grant from Association of Washington Cities for
Backup Cameras (Wallace)
Meeting Date: September 9, 2025
Prepared By: Brandy Wallace, MMC, CPRO, City Clerk
Summary and Background: Each year, Association of Washington Cities allows its members to seek
grant funding as part of their Loss Prevention Program to assist in safety improvements reducing risks.
Public Works department identified the need for backup cameras for one of their older vehicle. The
City applied and was awarded a grant to purchase and install back up cameras to a Public Work's
vehicle up to $5,000.
Based on the amount of the Grant, staff is requesting approval from the Council to accept the grant.
Relationship to Comprenhensive Plan: N/A.
Recommendation: Staff recommends approval of the grant as presented.
Motion for Consideration: "I move to accept the grant from Association of Washington Cities for back-
up camaras for a public work's vehicle, as presented."
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: $4,686.15 will be deposited into the General Fund for reimbursement of the cost to
purchase and install backup cameras.
Alternatives: Not approve and provide direction to staff.
Attachments:
invoice for backup cameras - grant.pdf
cameras for dump trucks-picture.pdf
31
GROUP
RWC International, LLC
2312 Milwaukee Way
Tacoma, WA 98421
Phone: 253-272-8401
BILL TO
CITY OF PORT ORCHARD - 10372
1535 VIVIAN CT
PORT ORCHARD WA 98366
Phone: (360) 876-4407
Email: psaltsgaver@cityofportorchard.us
RUN RIGHT
Truck Parts
Visit www.rwcgroup.com
20 locations across Arizona, Alaska,
California, Oregon and Washington
to serve your Truck Parts, Sales,
Service, Lease and Rental needs.
SERVICE INVOICE: RA103011264:01
SERVICE INVOICE:
ESTIMATE:
TAG NUMBER:
LICENSE PLATE NUMBER:
SALES TYPE:
ADVISOR:
TERMS:
PO:
RA103011264:01
18553308
3022
SRET
S. Smith
NET30
1053
CUSTOMER ADDRESS
CITY OF PORT ORCHARD - 10372
1535 VIVIAN CT
PORT ORCHARD WA 98366
Phone: (360) 876-4407
Email: psaltsgaver@cityofportorchard.us
ESTIMATE: 18553308
DATE INVOICE SYSTEM UNIT CUSTOMER UNIT# YEAR MAKE MODEL VIN ODOMETER
8/25/2025 321919 1053 2009 INTERNATIONAL 7400 SBA 1HTWGAZTX9J184849 27094
Sold Operations
JOB #1 19 MISCELLANEOUS
COMPLAINT
INSTALL BACKUP CAMERA -
CAUSE
CORRECTION PICKED PARTS, PULLED TRUCK
AROUND.
Disassembled the dashboard, screwed the screen on, drilled holes and attached the camera, ran the
cable and
secured it, connected the wires and put everything back in place.
QTY
ITEM
DESCRIPTION
UNIT PRICE
EXTD PRICE
1
10
100
LABOR 19-01
LABOR 19-01
103V/ECC-EC7000-QK
103V/TSP-ELE-339
103V/TSP-633-418
INSTALL BACKUP CAMERA
MISCELANIOUS REPAIR
CAMERA KIT: GEMINEYE, 7.0 LCD
BUTT CONN.
CABLE TIE BLACK 3/16 X 15-1/2
0.00
2,679.60
1,174.21
5.60
14.00
1,174.21
0.56
0.14
Page 1 of 2 32
SERVICE INVOICE: RA103011264:01
n
-GROUP--
EXCLUSION OF WARRANTIES
Any warranties on the parts and accessories sold herewith are made by the manufacturer. The undersigned
customer understands and agrees that the seller makes no warranties of any kind, express or implied, and
disclaims all warranties, including warranties of merchantability or fitness fora particular purpose, with
regard to the parts, accessories and supplies purchased; and in no event shall the seller be liable for
incidental or consequential damages or commercial losses arising out of such purchase, including but not
limited to replacement vehicle expense, lost income or wages or financingAease payments. The
undersigned customer further agrees that the warranties excluded by the seller include but are not limited to
any warranties that such parts, accessories or supplies are of merchantable quality or that they will enable
any vehicle or any of its systems to perform with reasonable safety, efficiency or comfort. The seller's
workmanship warranty on labor is 30 days from the initial repair. Any subsequent repair not made by the
seller voids this warranty. The seller's workmanship warranty on labor is extended to the original purchaser
of the repair only and is not transferable This warranty does not apply when the subsequent repair Is
required because of abuse or neglect This warranty is expressly in lieu of any other representations or
warranties, express or implied, including any warranties of merchantability cr fitness fora particular
purpose. The seller's liability, whether for negligence, breach of contract, or tort liability shall be limited to
the warranty stated herein.
AUTHORIZATION FOR REPAIRS
I/we do hereby a,thofse the seller to perform a diagnostic inspection of this vehicle. I/we
understand that the diagnostic inspection must be performed to determine if the complaint may
be covered by a manufacturer's warranty. if the repair is not deemed to be covered by warranty
the customer will bares ponuble for the diagnostic expense and for any repairs that are
completed. The inspection may require operation of the vehicle on public streets, highways or on
any testing machines for the purpose of completing the diagnosis. The seller is not responsible
for loss or damage to the uemae or any artmeu left in it beyond our control. The serer is not
responsible for delays beyond our wntml including parts shipments by suppliers. /we also
understand that once agreed to, all estimates are payable at time of completion. Estimate pricing
provided is subject to change. Any vehicle not removed hom the sellres premises after repair, or
after estimate, for more than 7 days will be subject to daily storage fees and may be sold with
proceeds from the sale applied to any amounts owed to seller including, but not limited to,
repairs and storage of customsn's vehicles. An express mechanic's lien is hereby acknowledged
on the above vehicle to secure the amount of repairs thereto. If the seller brings legal action
against the customer to recover amounts owed, the seller reserves the right to remover legal fees.
The seller is not responsible for damages from freezing due to lack of antifreeze. Additionally,
I/we agree to Indemnify, defend, and hold harmless the seller, its officers, agents and employees
against all liability, loss, and costs arising from adions, suits, claims, or demands, including
property damage, Injury and death except to the soem caused in whole or In partdue to the
seller's gross negligence arising from its performance of this contract. In case of Ions, the burden
of proof shall be on the customer to establish that gross negligence Ott he seller caused the loss.
ESTIMATE: 18553308
LABOR
$2,679.60
PARTS
$1,193.81
MISC
$0.00
SUBLET
$0.00
PREPAY
$0.00
FREIGHT
$0.00
UBTOTAL
$3,873.41
SHOP CHARGES
$375.14
AX
$437.60
OTAL
$4,686.15
51GNATU RE OF PERSON RESPONSSBLE OR AGENT FOR PERSON RESPONSIBLE FOR PAYMENT. Please Remit Payment to:
RWC International, LLC
Accounts Receivable
600 N 75th Ave
Phoenix, AZ 85043
Signature:
Print Name of Signer:
Date:
Page 2 of 2 33
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PRO -VIEW
Pram a�raL.Terrs
PREMIUM 7° COLOR LCD SYSTEM WITH
q q TWO CMOS CAMERAS (REAR VIEW AND
RIGHT SIDE VIEW) AND 16 & 35' CABLES
PART NUMBER: MCS-3S-30PP
PRODUCT FEATURES: Monitor (Part No.
M 130C) Features: 7" Color LCD monitor with wide viewing angle ■ Three PAL/NTSC
camera Inputs • One front panel mount AN input for games ■ Built-in speaker
Button -controlled brightness • Remote Control ■ Accessories Included: Sun shield
and U -bracket, Universal pedestal mount, Flush in -dash mounting housing, Pawedl
camera input harness and remote control ■ Rear View Camera (Part No. C122)
Features: 113° Color CMOS Sensor ■ Built-in 18 IR LEDs for improved night vision •
Built-in waterproof mic • Reverse image picture • Waterproof housing ■ Adjustable
mount & sun shleid ■ Waterproof cable connection • Operating Temperature: -20°C
to70°C (Relative humidity 95%} ■ Storage Temperature: -40°C to 80°C (Relative
humidity 95%) • Right View Camera (Part No. C-SDR-CMOS) Features: Custom side
mount 113° color CM05 camera • Specifically designed for right side mounting ■
Waterproof camera and housing ► Reverse imago • Night vision ■ 92° - 120° viewing
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PRO -VIEW
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PREMIUM 7" COLOR LCD SYSTEM WITH
TWO CMOS CAMERAS (REAR VIEW
q
AND RIGHT SIDE VIEW). 16', 35' AND 70'
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MoP-ST
PRODUCT FEATURt=5: Mannar (Part No.
M130G) Features: 7" Color LCD monitor wl wide
viewing angle • Three PAUNTSC camera inputs • One front panel mount AM input
for games • Built -In speaker ■ Button -controlled brightness ■ Rem ate Control ■
Accessories included: Sun shield & U -bracket, Universal pedestal mount, Flush
in -dash mounting housing. Power/camera input harness and remote, control • Rea
View Camera (Part No. C122) Feaiures:1/3' Color CMOS Sensor' Built-in 18 iR
LEDs for improved night vision • Built-in waterproof mic • Reverse Image picture
Waterproof housing • Adjustable mount & sun shield • Waterproof cable connect
• Operating Temp: -20°C to 70°C (Relative humidity 95%) • Storage Temp: -40°C a
80°C (Relative humidity 95%) ■ Right View Camera (Part No. C-SDR-C(v)OS) Featu
Custom side mount 113" color CMQS camera • Specifically designed for right
side mounting • Waterproof camera and housing ■ Reverse Image • Night vision
'92° - 120° viewing angle ■ Easy mounting • Palntable housing • Includes one 16'
Extender Cable (Part No. RRC-16), one 35' Extender Cable (Part No. RRC-35) and
one 70' Extender Cable (Part No. RRG-70) • Also includes Heavy -Duty trailer Pro -
View Camera Cable (Part No. CAM-HOT-PLA) - cable stretches up to 10' in length,
compatible w/Pro-View Camera Systems, Panel mount quick disconnect sockets wit
spring mounted covers for both tractor and trailer, coiled cable with connectors,
connects any trailer mounted camera with any tractor mounted monitor,
PRO -VIEW
I Pr� o ettto series
PREMIUM 7" COLOR LCD SYSTEM WITH
{] THREE CMOS CAMERAS (REAR VIEW,
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AND 16' & 35' CABLES
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PRODUCT FEATURES: Monitor (Part No.
M130C) Features: 7° Color LCD monitor with wide viewing angle • Three PAL/
NTSC camera inputs • One front panel mount AIVinput for games • Built-in
speaker • Button -controlled brightness ■ Full function remote control • Accessories
included: Sun shield and U -bracket, Universal pedestal mount, Flush in -dash
mounting housing, Power/camera Input harness and remote control • Rear View
Camera (Part No. 0122) Features: 113' Color CMOS Sensor • Built-in 18 IR LEDs for
improved night vision • Built-in waterproof microphone • Reverse image picture
• Waterproof housing • Adjustable mount and sun shield ■ Waterproof cable
connection • Operating Temperature: -20°C 1070°C (Relative humidity 95%)
Storage Temperature: -40°C to 80°C (Relative humidity 95%) • Itlght View Camera
(Part Na. C-SDR-CMOS) Features: Custom side mount 113" color CMOS camera •
Specifically designed for right side mounting ■ Waterproof camera and housing •
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housing • i.of View Camera (Part No. C-SDL-CMOS) Features: Custom side mount
113" color CMOS camera • Specifically designed for left side mounting • Waterproof
camera and housing • Reverse image ■ Night vision '92'- 120° viewing angle • Easy
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PRODUCT FEATURES: Monitor (Part No.
M130C) Features: 7° Color LCD monitor wit wide
viewing angle ■ Three PAUNTSC camera inp is
One front panel mount AN input for games • Built-in speaker ■ Sutton -control d
brightness • Full function remote control ■ Accessories included: Sun shield an
U -bracket, Universal pedestal mount, Flush in -dash mounting housing, Power/
camera input harness and remote control • Rear View Camera (Part No. C1221
Features: 1/3° Color CMOS Sensor • Built-in 18 IR LEDs for Improved night visi
• Built-in waterproof microphone ■ Reverse image picture ■ Waterproof housing •
Adjustable mount & sun shield • Waterproof cable connection • Operating Tom
-20°C to 70°C (Relative humidity 95%) • Storage Temp: -40°C to 80'C (Relative
humidity 95%) • Right View Camera (Part No. C-S0R-CMOS) Features: Custom si e
mount 113" color CMOs camera ■ Specifically designed for right side mounting
• Waterproof camera and housing • Reverse image • Night vision '92'- 120°
viewing angle • Easy mounting ■ Paintable housing ■ Left View Camera (Part No.
C-SDL-CMOS) Features: Custom side mount 113' color CMOS camera • Specifically
designed for left side mounting • Waterproof camera and housing • Reverse image
• Night vision '92'- 120° viewing angle ■ Easy mounting ■ Paintable housing ■
Includes one 16' Extender Cable (Part No. RRC-16), one 35' Extender Cable (Part No.
RRC-35) and one 70' Extender Cable (Part No. RRC-70) • Also includes Heavy -Duty
trailer Pro -View Camera Cable (Part No. CAM-HUT-PLA) - cable stretches up to 10'
In length, compatible w/Pro-View Systems, Panel mount quick disconnect
ackets with spring mounted covers for both tractor and trailer, coiled cable with
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Ong City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
1.. (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda: Approval of Special Event Street Closures: Holiday on the Bay (Wallace)
Meeting Date: September 9, 2025
Prepared By: Brandy Wallace, MMC, CPRO, City Clerk
Presenter: Brandy Wallace, MMC, CPRO, City Clerk
Summary and Background: City staff received a Special Event application for a series of Holiday on the
Bay, taking place on Saturday, December 6, 2025. The application states the following:
EVENT: Holiday on the Bay
TYPE: Festival
DATE: Saturday, December 6, 2025
TIME: Setup starts at 2:00pm, open to public at 3:00pm until 8:00pm, cleanup to be completed by
8:30pm
LOCATION: Port of Bremerton Parking Lot, Water Street Boat Launch and Kitsap Bank Drive-Thru
located next to Orchard Avenue, and SR166/Bay Street
CLOSURE(S): SR166/Bay Street from Kitsap Street to Sidney Avenue, Frederick Avenue, Robert Geiger,
and Orchard Street
The required notice, pursuant to POMC 5.94.050(3), allowing citizens to provide written comments
regarding how allowing the special event will impact their property, business, or quality of life has
been published and to -date, the City has received no written concerns regarding this event taking
place.
The applicant is requesting closure of Bay Street/SR166 and several side streets. They are working with
WSDOT for their approval. In the meantime, pursuant to Port Orchard Municipal Code 5.94.050(4),
staff shall bring forward the special event application to the City council for approval when the event
requires a street or highway closure.
Staff is in support of the highway and road closures as presented and is continuing to work on the final
details of the event with the applicant, ensuring the highway and street closures are to the safety and
traffic control standards outlined in City, State, and Federal codes.
Relationship to Comprenhensive Plan: N/A
Recommendation: Staff supports the application, upon the event meeting the required necessary
public safety and traffic control provisions.
35
Motion for Consideration: I move to approve the Holiday on the Bay event street closures as
indicated in the application, upon staff approval of the safety and traffic control standards have been
met.
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: Approximately $15,350 costs in staff overtime to manage the day of the event.
Alternatives: Do not approve the road closure and provide staff with guidance.
Attachments:
Holiday on Bay Special Event Appl- Revised.pdf
TCP Holiday on the Bay 2025.pdf
Road Closure HOTB.pdf
Santa Route HOTB.pdf
HOTB 1st draft map.pdf
36
ORCHARD
RFQ
1
SPECIAL EVENT PERMIT APPLICATION 416 /"efr0
(PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) 0p� p dr
STANDARD PROCESSING FEE: $50.00 c�RRroR
E
Event Information
Event Name:
Holiday on the Bay
Type of Event: EjJFestivai Walk/Run Parade Vendor Fair Concert
❑ Block Party Other:
Event or Organization Website:
City's website: https://portorchardwa.gov/holiday-on-the-bay/_POBSA Website:
Description of event:
Holiday tree lighting event with community activities to include a pet parade, pictures with Santa, a
holiday market, performances from the main stage
Event Date and Time
Event Dates: Indicate Dates/Times OPEN to attendees
Hours: Open until closing
Expected Daily
each day
Attendance:
Day 1
Day:
Date:
Start Time:
End Time:
2,900
Saturday
12/6/2025
3:00pm
8:i00pm
Day:
Date:
Start Time:
Day 2
End Time:
Day 3
Day:
Date:
Start Time:
End Time:
Day 4
Day:
Date:
Start Time:
End Time:
Day 5
Day:
Date:
Start Time:
End Time:
Event Setup Starts:
Event Take Down Complete:
Total
Start Day/Date:
Start Time:
End Day/Date: End Time:
Attendance:
Saturday 12/6/2025
2:V0pm
12/6/2025 8:30pm
(add all rows and
columns)
Event Location:
Describe the location that your event will be located at. Include
street names and/or
2,900
parks. Attached required map.
City of Port Orchard I Special Event Application
Revised 12/12/2023
Page 1 of 13
37
Applicant Information*
Sponsoring Organization Name:
Port Orchard Bay Street Association
Do you have an active City Business License?
I /E
es
No What is your UBI number?
Applicant Contact Name: Samantha Smith
Title:
POBSA Board Member
Physical Address:
Mailing Address: (if different from street address)
701 Bay Street
City:Port Orchard
State:WA Zip: 98366 City: State: Zip:
Alternate Phone:360-621-8 Email:sam@josephinesmerc.com
Phone:360-271-1037
*Please note the applicant information provided may be shared for inquires made on event details
Admission Fees:
Does your event require a paid fee for participants and/or spectators? [-f es [ No
Does your event require minimum or suggested donation for participants and/or spectators? I es uNo
Admission/participation fee/ suggest donations amount(s):
Use of City Streets and/or State Highway
STATE HIGHWAY:
Will this event require closure of a State Highway (most common is Bay Street/SR166)? ❑✓ Yes ❑No
If yes, which highway: 7Bay Street/SR 166 Sedgwick Road Mile Hill Drive
For State Highway Closures, the sponsoring organization must submit the application to the city at least 120 calendar days before the
event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington State Department
of Transportation (WSDOT) by completing an online application. Once permission is granted from WSDOT, a copy of the Letter of
Acknowledgment or an Agreement will need to be provided to the city 45 days prior to the event. WSDOT's online application is located
at: https://www.wsdot.wa.gov/contact/events/special-events
CITY PROPERTY/STREETS (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any road,
public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall include arterials,
neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which are designated as portions
of the state highway system."
City of Port Orchard I Special Event Application
Revised 12/12/2023
Page 2 of 13
38
Will this event require closure of any of the below public property/ right-of-way? EYes LNo
If yes, indicate what type of public property is requested to be closed and the location (select all that apply):
A. City Park(s):
❑Van Zee Park
❑Paul Powers Park
B. Parking Lot(s):
LII McCormick Village
Park
❑Central Park
❑Etta Turner Park
Givens Park
❑ Rockwell Park
I�Lot 2, which lies between Frederick Street and Sidney Avenue, north of Bay Street.
FjJLot 5: all parking on City Hall property in front of the Police department
❑Lot 8: employee parking lot east of City Hall adjacent to Prospect Alley which is between Kitsap Street and Prospect Street.
C. Sidewalk(s) describe the location of the sidewalk being closed.
N/A
D. Street(s): please fill out the "Details of Closure" section below and provide a traffic control plan of the area
impacted.
1) Details of Closure(s):
Street Name:
Between
And
Start Date:
Start Time:
End Date:
End Time:
(cross street):
(cross street):
Example
Kitsap Street
Division Street
00/00/0000
00:00 am
00/00/0000
00:00 pm
Si ne Ave
Bay St/SR166
Kitsap St
Sidney Ave
12/6/2025
12/6/2025
12/6/2025
2:00pm
2:00pm
2:®0pm
12/6/2024 8:30pm
12/6/2024 8:30pm
12/6/2024 8:30pm
Frederick Ave
Prospect St
Bay St/sr1
700 sidney
Frederick Ave
Bay St/sr1
Additional details: (attach additional pages as needed for more streets and/or more details about use.)
Orchard Ave Bay St/SR166 Waterfront 12/6/2025 210pm 12/6/2025 8:30pm
Port Street Bay St/SR166 Waterfront 12/6/2025 2:$�0pm 12/6/2025 8:30pm
2) Traffic Control Plan:
A traffic control plan is required for all street and highway closures and must be submitted with this application.
See example Site Plan. The following is required to be on the plan(s):
Detour route(s) Pedestrian and Bicycle routes Volunteers: how many, where, how long, etc.
Signs/Barriers: How many, what kind of signs, were will they be located, who is putting them up, who will be taking
them down, etc.
City of Port Orchard I Special Event Application
Revised 12/12/2023
Page 3 of 13
39
LIII
Certified flaggers: how many will there be, where will they be stationed, what time will they be there, what time
will they be gone, etc.
Should your event require traffic control and certified flaggers to manage the road closures, provide the following
information:
Name of the Traffic Control company: Managed by the City of Port Orchard Public Works
Point of Contact Name:
Chris Esguerra
Phone:
360.876.4491
Alternate Phone: Email:
360.876.4407 cesguerra@portorchardwa.gov
Public Works and Police Services
Special events may require the use of public works and police officers for public safety. This may result in additional costs to the
organizer. The organizer will be notified if coordination with the Public Works and Police is required.
The following are services that will be required to be charged to the organizer:
Public Works: Police:
Setting up street closure signs Setting up command center on event site
Setting up barricades Officers providing security
Please provide who the invoice should be sent to
Name company: N/A
Name:
Address:
Phone: Alternate Phone: Email:
Parking Impacts
Have parking impacts been coordinated with neighbors (residential/business)?Yes❑ No
If yes, how will parking be provided for participants and visitors (including handicapped parking)? You may submit a map to show the
available parking for this event in place of providing a written description below.
Port Orchard Bay Street Association discusses this event at monthly meetings with merchants and the
board. The City will post public notices for road closures, traffic congestion, and alternative parking.
City of Port Orchard I Special Event Application
Revised 12/5/2023
Page 4 of 13
40
*The City of Port Orchard cannot grant permission for the use of private property for parking. It is the event sponsor's responsibility to
contact property owner (business, residential, schools) if you want permission to park on their property.
Neighborhood — Business Notification
The city clerk's office shall notify the public of each special event proposed to allow citizens to provide written
comments regarding how allowing the special event will impact their property, business or quality of life. The city
clerk will consider any information provided and may deny the special event permit application if a showing is made
of severe financial impact or other undue hardship on a citizen's property, business or quality of life.
Alcohol Sales/Services
The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB)
regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol
sales/service at events are not included in the City's Special Event Permit. Visit the WSLCB website, httras://lcb.wa.gov/ for
additional information and to apply for the appropriate license / Permit.
Will alcohol be sold or consumed at your event? LlIIlYes* �3Vo
*If yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license.
Food Sales/Service
You will need to reach out to the Kitsap Public Health District as they may require a temporary food establishment permit.
Visit their website at https:/Jkitsuppublichealth.org/Foodsafety/food vendors.php or call (360) 728-2235 for information.
Will your event have any food service and/or sales? ►/ es No If yes, how many:
4
Will your event have professional catering? ❑Yes ZNo If yes, how many:
Will your event have food truck(s)? Eyes LilNo If yes, how many: 3
Washington State Fire Code section 105.6.30 Mobile food preparation vehicles is defined as:
An operational permit is required for mobile food preparation vehicles equipped with appliances that
produce smoke or grease -laden vapors or utilize LP -gas systems or CNG systems. Contact Community
Development.
• Food Truck Safety Handout
• Mobile Food Preparation Vehicle Permit Application
Garbage and Recycling
Collection Stations: How many bins are you providing as collection containers at your event?
6 6
Recycle Garbage
City of Port Orchard I Special Event Application
Revised 12/5/2023
Pages of 13
41
Will you manage your own recycling and garbage collection or will it be managed by a vendor?
Self -Haul: ✓❑Yes ❑No List vendor/company, if applicable:
Detail your plan for waste management within the event area and surrounding neighborhood:
We will empty garbage bags into rented dumpster. Volunteers for event will help monitor this.
Restrooms
Prove the number of restrooms that will be available to the public for your event: 21 Males 15 Females 2 Handicap
Below is an example of the estimated amounts needed per number of users recommended in the FEMA Special Events
Contingency Planning: Job Aids Manual March 2005 (updated May 2010).
Toilet facilities for events where alcohol is not available
Males
Females
Patrons
Toilets
Urinals
Sinks
Toilets
Sinks
<500
1
2
2
6
2
<1,000
2
4
4
9
4
<2,000
4
8
6
12
6
<3,000
6
15
10
18
10
<5,000
8
25
17
30
17
Toilet facilities for events where alcohol is available
Males
Females
Patrons
Toilets
Urinals
Sinks
Toilets
Sinks
<500
3
8
2
13
2
<1,000
5
10
4
16
4
<2,000
9
15
7
18
7
<3,000
10
20
14
22
14
<5,000
12
30
20
40
20
City of Port Orchard I Special Event Application
Revised 12/5/2023
Page 6 of 13
42
These figures may be reduced for shorter duration events as follows:
Duration of event
Quantity required
More than 8 hours
100%
6-8 hours
80%
4-6 hours
75%
Less than 4 hours
70%
Master Multi -Vendor Event License
Will your event have vendors? EIlYes LIIINo
If so, how many anticipated exhibitors/vendors will be at your event? 20
If so, will they be selling merchandise and/ or food? I IYes LilNo — If you indicated Yes, please see the Food section on
Page 4 of this application.
POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master Multi -
Vendor Event License (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the
sponsor of the master event shall provide a list of participating vendors, their business names, their addresses and their State
Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation.
• No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within
ten (10) feet of intersection sidewalks.
• Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m.
• Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse container
and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed each day
along with vending devices.
• Vendors may engage in public property vending only in the location specified in the public property license. The location
shall be deemed the vending site.
• Utility service connections are not permitted, except electrical when provided with written permission from the
adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk.
• No mechanical audio or noisemaking devices are allowed, and no hawking is allowed.
• A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one-
half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which the
vending device stands.
• Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising
signs may be placed as approved by the city engineer; and
• No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code.
Tents
Does your event include a tent or membrane structure? ZYes Li No LiliNot Applicable
If yes, what is the tent size:
10x10 and 20x20
LIIDoes the tent have sides? Yes III No N/A
Maybe required to obtain a permit per POMC20.200.016.Pplease contact Community Development (360) 874-5533.
City of Port Orchard I Special Event Application
Revised 12/5/2023
Page 7 of 13
43
Event Signage
Are you planning to put up temporary signs? ❑Yes EiINo
POMC20.132.290 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is not
permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster,
banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support,
stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper,
corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20 -
ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water
soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent
sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if you have
questions or if you need to apply for a sign permit.
Amplified Sound
Does your event have any amplified sound? 1jj1✓ Yes No
Indicate dates/time of any amplified sound below:
Day:
Saturday
Date:
12/6/2025
Start Time:
3O0pm
End Time:
8pm
Day:
Date:
Start Time:
End Time:
Day:
Date:
Start Time:
End Time:
Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.):
Announcements, performances from local community choirs.
Describe what equipment will be used for amplified sound, and at what locations (show in maps):
Sound and stage rented from Gordon Sound
Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed
Stage at boat launch facing city hall
Noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more information
please contact the Port Orchard Police Department (360) 876-1700.
Site Map
A site map is required to be submitted to include the following when applicable:
• Vendors
• Beer Garden
• Signage
• Canopies/Tents
• Public entrances and exits
• Road closures and detours
• Traffic patterns with directional arrows/routes
• Fire Lanes
City of Port Orchard I Special Event Application
Revised 12/5/2023
Page 8 of 13
44
• Surrounding street names
• Garbage/Recycling
• Barricades
• Food trucks
• Generators
• Cooking areas
• First Aid
• Parking
• Restrooms
• Wash stations
• If event is a run/walk, list start and stop locations and water/rest stations:
Insurance
The sponsoring organization must submit proof of liability insurance naming the City of Port Orchard as an additional insurec by
endorsement. Coverage shall remain in force throughout the event. The policy shall have primary coverage limits of at least the
following:
$1,000,000 Liability and $1,000,000 Bodily Injury
Additional insurance may be required where alcohol is bing served. Special Event Insurance for events held at city -owned facilities
can be purchased at eventinsure.hubinternational.com/.
Release
I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance.
By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold
harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including
attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the
applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the
City.
The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW.
I, as the President or Chair of my organization, agree to the terms and conditions listed above.
City: 1.f�/ I/ L—POBSA: X 1 / / /
re of President/Chair of Organization Print Name Date
FOR CITY CLERK'S OFFICE USE ONLY
Date Special Event Fee Paid ($50): Receipt No.:
Insurance Certificate(s) Received:
City of Port Orchard I Special Event Application
Revised 12/5/2023
Page 9 of 13
45
Does event require a Master Multi -Vendor License: El Yes El No
If Yes: El $15/day fee El $200/monthly fee
Number of days: Total Amount: Date paid: Receipt No.:
Department/Agency Routing:
El Police El Public Works El Finance ❑ Community Development El Kitsap Transit El Clerk's Office El Health District
Public Notice Dates: Council Action Date:
ORCHARD-
SPECIAL EVENT PERMIT APPLICATION INSTRUCTIONS
(PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96)
Thank you for your interest in holding a special event in the City of Port Orchard. This application contains information
you need to apply for a special event permit. Included is a checklist designed to help you when submitting this
application, and tips for a successful event.
What are the fees associated with a special event?
There is a $50 non-refundable administrative fee to process each application.
If two or more vendors are engaged in public property vending, you are required to have a master multi -vendor
event license. The fee is $15 per event day.
Closure of Lots 3 and 4 commonly known as waterfront parking, during a weekday and excluding federal
holidays, the applicant shall compensate the city for lost revenue for use of the parking lots.
When should the special event application be submitted to the City?
The application shall be filed with the city clerk's office no less than 90 calendar days, nor more than one
calendar year, before the date when the proposed special event is to take place. A Special Event Reservation
Form can be submitted by February 1" of each year to reserve your proposed special event, if the event was
held on the same day and location as the previous year. Please note that it provides no guarantee that your
event will be approved.
If your event requires any road closures, the application must be submitted at least 120 calendar days before
the event date.
What is a s ecial event?
A special event is defined in the Port Orchard Municipal Code (POMC) as "any organized formation of an activity
proposed to occur that affects the public's ordinary use of rights -of -way or public parks, including but not limited to
runs, street dances, block parties and parades".
Can I hold a special event in a City owned park?
City of Port Orchard I Special Event Application
Revised 12/5/2023
Page 10 of 13
46
City parks are available on a first -come, first -served basis. The City does not reserve parks for events. However, POMC
9.60 'Park Rules' states in part that no person can solicit, or offer for sale any article or thing, or use any stand, cart or
vehicle for the sale or display without authorization from the City Council. In addition, no animals are allowed in City
parks other than dogs or cats.
What types o events are considered special events?
■ Parades
• Community awareness events
• Runs/Walks
• Outdoor movies
• Festivals
• Street dances
• Block Parties
• Other similar event
• Car Shows
• Vendor Fairs
• Concerts
ORCHARD
What if my event is outside Port Orchard City limits or on oroaerty not owned by the City?
If your event is outside Port Orchard city limits, you will need to contact Kitsap County at 360.337.5777. If your event
is on private property, you will need to contact the property owner and Port Orchard Department of Community
Development to learn if the event triggers permitting requirements under the adopted fire code. If your event is
utilizing the property of the Port of Bremerton, you will need to contact the Port of Bremerton. If your event is utilizing
both City property and property that is NOT owned/leased by the City, written approval is required by the
owner/manager of the private property and must be included with your application.
Can I ask for road closures or detours for a 5K run/walk or similar event?
If the event is a parade or run, the following information and/or documentation are required:
A traffic control plan.
Provide evidence that the appropriate number of Certified flaggers described in the traffic control plan will
be provided.
What is the special event application process?
• Submit to the City Clerk's office a Special Event Reservation form (if applicable).
• Submit the completed application to the City Clerk's office with required fee(s), 90 days before the event. If
the application and/or additional documents are not completed or submitted, the application will not be
accepted until fully completed.
• The City will forward the event application to other departments and agencies for review and comment.
o If the event requires closure of City streets, the application is also required to be brought
before the City Council during a regular City Council meeting. The applicant will be notified
of the date of the meeting and the City Council's decision.
o If the event requires closure of a State Highway, POMC 5.94.030(4) states a completed
application shall be filed no less than 120 days before the proposed special event is to take
place. POMC 5.94.040(13) states upon council approval, the applicant must provide to the
City Clerk's office, no more than 45 days after submitting the application, at least one of the
following three documents: (a) event agreement with WSDOT; (b) letter of
acknowledgement from WSDOT; or (c) written proof that the event organizer has submitted
the completed application to WSDOT.
City of Port Orchard I Special Event Application
Revised 12/5/2023
Page 11 of 13
47
o If the event requires closure of City streets, a traffic control plan may be required.
o If your event is utilizing the downtown parking lots (lots 3 and 4), commonly known as
waterfront parking, for two or more consecutive days it will require council approval and the
applicant shall compensate the city for lost revenue for use of the parking lots.
o If there are questions or concerns by the other departments or jurisdictions, the applicant
will be contacted to address these concerns.
Depending upon the event, other licenses or permits may be required.
The City will notify the public of the event and ask if there are any concerns regarding impact to
property, business, or quality of life.
ORCHARD
Special Event Permit Application Checklist
Please use this list to ensure you have included all supporting documentation with your special event
application.
El If your event coincides with another organizations event in the same location, please provide written approval
from the event organizer that indicates their approval of your event.
❑ Reviewed Special Event Tool Kit
❑ Written approval from property owner if location is on non -City owned property (if applicable) (Page 2)
❑ Special Event Fee (Check, Cash, Credit Card) (Page 3)
❑ Insurance Certificate, with endorsement, provided at least 30 days prior to event date (Page 4)
El If there are road closures, have you attached a traffic control plan (Page 6)
❑ Special Liquor License (if applicable) (Page 7)
❑ Contact Department of Community Development for sign permit or food trucks (if applicable) (Page 7 and 9)
❑ Master Multi -Vendor Event License fee (if applicable) (Page 8)
El Contact Department of Community Development for tent permit (if applicable) (Page 9)
❑ Completed site map (Page 10)
El Special Event Application/Release is completed and signed by the President or Chair of organization (Page 10)
City of Port Orchard I Special Event Application
Revised 12/5/2023
Page 12 of 13
48
❑ Upon event approval, use of State Highway Letter of Acknowledgment or an Agreement that is received
from the Department of Transportation if State Highway is requested to be closed (Page 5)
Tips for a successful event
❖ Contact the local media (Kitsap Sun, Port Orchard Independent, etc.).
Post information on your social media site.
❖ Contact the Port Orchard Chamber of Commerce or Port Orchard Bay Street Association.
❖ Attend a City Council meeting to speak during citizen comments letting council and public know of your event.
City of Port Orchard I Special Event Application
Revised 12/5/2023
Page 13 of 13
49
SIGN SPACING = X (1)
RURAL ROADS 45 155 MPH 500±
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Drawn by: Chris Esguerra
ORCHARD _ Holiday on the Bay 2025
o Date: December 6, 2025
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54
r0 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 Contract with General Code for Municipal Code Codification Services
(Wallace)
Meeting Date: September 9, 2025
Prepared By: Brandy Wallace, MMC, CPRO, City Clerk
Summary and Background: Since 2009, the City has used Code Publishing to codify the Municipal
Code. The City received notification that they have changed their name to General Code.
Since the merger, they have updated their software and features. General Code is asking the City to
upgrade the current platform and to enter into a new agreement for their services.
The new platform will allow new features for staff, as well as the public. They include the following:
• better searching
• public has the ability to be notified when any section of the code they choose changes
• staff can work with other staff on a section of the code within the software, rather than
externally
• can link documents/applications to a certain section(s) of the code
• can post messages to any section of the code to better assist the public
Due to the new platform costs have increased, including the flat rate annual maintenance fee from
$830 to $1,195 a year. Other supplemental costs relate to a per page fee such as indexing, editorial,
maps and small graphics, etc have changed. Lastly, should the City update bulk graphics (zoning table)
there is a significant increase for those updates. The Community Development wishes to have this
feature to assist in better visual for more complex sections of the code.
I do not anticipate exceeding the administrative portion of the 2025 budget; however, it is dependent
on the amount of Municipal Code changes occur the rest of the year. If costs are signific, a budget
amendment may be needed.
Relationship to Comprenhensive Plan: N/A.
Recommendation: Staff recommends approval of the contract as presented.
Motion for Consideration: "I move to authorize the Mayor to execute a Contract with General Code
for Municipal Code Codification Services, as presented."
Has item been presented to Committee/Work Study? If so, which one: N/A
55
Fiscal Impact: Current budget can accommodate the annual Maintenance fee, however if there are
significant changes to the Code, a budget amendment may be needed.
Alternatives: Not approve and provide direction to staff.
Attachments:
003-09 - Code Publishing Company - Contract.pdf
Port Orchard, WA 25-26 supp agreement.pdf
56
codepublishing.inc.................................................................................
Contractor Services Agreement for the City of Port Orchard, WA
C003-09
This Agreement is entered into between the CITY OF PORT ORCHARD, WA, hereinafter
referred to as the "CITY," and CODE PUBLISHING COMPANY, hereinafter referred to as the
"CONTRACTOR." The Agreement covers legal publishing services, including supplementing,
printing, and computer text output of THE PORT ORCHARD MUNICIPAL CODE, hereinafter
referred to as the "CODE." The CITY may contract separately for a complete recodification and
republishing of the CODE at any time in the future. All copyrights belong to the CITY.
General
The CONTRACTOR will provide codification service of the CODE to include Internet hosting and
searchable electronic files, and supplements for both the online version and printed version.
The CITY will deliver to the CONTRACTOR the present CODE text and ordinances both
in hard -copy or digitally scanned (PDF or TIF) format and in a word processing format
(i.e., non -graphic format) via upload at www.codepublishing.comIup!oad/portorchard.asp.
The CODE produced by the CONTRACTOR shall be the exclusive and sole property of the CITY,
and the CITY may use said CODE for any purposes it deems appropriate, including the right to copy,
distribute, or sell said CODE.
Supplements
Newly adopted, revised or amended ordinances will be forwarded periodically by the CITY to the
CONTRACTOR. The CITY will provide the CONTRACTOR with ordinances both in hard -copy
or digitally scanned (PDF or TIF) format and in a word processing format (i.e., non -graphic format)
via upload. Affectedpages of the CODE, the index, and ordinance tables will be edited and
revised to reflect new provisions and/or modifications, with appropriate headnotes, catchlines,
footnotes, and cross-references.
The CONTRACTOR will provide supplemental updated pages for the CODE ona schedule
determined by the CITY. Printed supplement sets together with insertion/deletion instructions will
be delivered to the CITY. The electronic files will be updated concurrently with the printed edition
(or as specified by the CITY). Print and electronic file supplement delivery will occur two to six
weeks following receipt of the last ordinance included in the update.
Internet Services
HTML formatted electronic files will be created for Internet use. The schedule for periodic
supplements of the CODE on the Internet is determined by the CITY.
Indemnification/Hold Harmless
The CONTRACTOR shall protect, defend, indemnify and hold harmless the CITY, its officers,
employees and agents from any and all costs, claims, judgments or awards of damages arising out
of or in any way resulting from the negligent acts or omissions of the CONTRACTOR, its
officers, employees and agents in performing this Agreement.
Code Publishing Company
206.527.6831/800.551.2633
9410 Roosevelt Way NE
www.codeaublishing.com
Seattle, WA 98115-1164
cpc(@codepublishing.com
57
codeoublishing.inc..........................................................................
Insurance
The CONTRACTOR shall procure and maintain, for the duration of this Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the CONTRACTOR, their agents, representatives,
or employees. The CONTRACTOR shall maintain commercial general liability insurance with
limits of no less than $1,000,000 each occurrence and $2,000,000 general aggregate.
Termination of Agreement
This Agreement may be terminated by either party upon 60 days' written notice. The
CONTRACTOR will be entitled to compensation to the extent of actual work performed,
consistent with the compensation provisions.
Payment, Terms, and Invoice Requirements
Payments to the CONTRACTOR from the CITY will correspond to the attached Cost Sheet.
Supplements, Internet and legal services are invoiced upon delivery. Additional services are also
invoiced upon delivery. Invoices are due and payable within 30 days.
E€€ective Date
This Agreement is effective upon signature by both the CITY and the CONTRACTOR.
Code Publishing Company
By:
Margaret O. " ustion, President
City of Port Orchard, WA
Attest
Patricia J. Kirkp trick, City Clerk
...................................................................................................................................................
Code Publishing Company
..............
206321.6831/800.551,2633
9410 Roosevelt Way NE
www.codepublishing.com
Seattle, WA 98115-1164
cpc@codepuublishing_com
58
codepubilshing.inc................................................................................
Port Orchard, WA
Cost Quotation Sheet
September 2008
First Supplement:
Editorial (est. 125 pages): $19.50 per page $2,437.50
Graphics, maps, tables, diagrams $15.00 per page
Online Code:
Creation of HTML files* $ $250.00
Annual. Internet hosting $350.00 per year
*Includes PDF of current zoning regulations.
Future Supplement Service:
Editorial $19.50 per page
Online code updates $1.95 per page
Graphics, maps, tables, diagrams - Surcharge $15.00 per page
Printing and Binding:
Printing and shipping $0.10 per impression
PDF file for in-house printing/archival Included
Binders: D -ring; expandable post (nun. order 25) $12.00; $90.00 each
Tab dividers: Generic; custom (min.. 1 order 25) $10.00: $15.00 sr
per set
Additional:
Telephone support Included
Subscription service Included
Sample ordinance service Included
Example
Cost for a 20 -page supplement (no graphics or tables):
Editorial 20 x $19.50 per page $390.00
Online 20 x $1.95 per page $39.00
Print 20 x 15 copies x $0.10 per impression 30.00
$459.00
No "per supplement" charges. No extra charges or higher page rates if printed or electronic
supplements are requested more often. All prices are estimates; final costs are based on actual number
of pages. Payments for recodifed codes may be stretched over two budget cycles. Please call if arty of
our services can be modified to better suit the needs of your municipality.
......................................................................................................................................I
Code Publishing Company
..............................
206.527.6831/800.551.2633
9410 Roosevelt Way NE
www.codepublishing.com
Seattle, WA 98115-1164
codepublishing6Dgwest.net
59
/
Cde)publishing.lnc ..................................................................................
Electronic Options
Internet:
Online on -demand schedule (OLOD)k
Customized Internet interface
CodeTrak2
CodeAlert3
OrdSearch4
Selective printing
RTF download
Frameless version of the code
Links:
to state code citations
to title PDF files
to ordinances
In -House;
Code chapters in RTF format
Folio Views
No additional charge
$250.00 set up
$200.00 per year
$200.00__ per year
$150.00 set up _-
$125.000 per year
il25.000 per year
$130.00 set up
$150.00 set u
$75.00 set up
See OrdSearch
$200.00 per year
Available upon request
1 OLOD: Updating the code on the Internet as soon as ordinances are received or become effective.
2 CodeTrak: The Internet version of the code identifies with highlighting and revision date those parts
of the code which have been updated online since the previous print supplement. Most useful when
paired with online on -demand (OLOD).
3 OrdAlert: The Internet version of the code identifies with highlighting those parts of the code
affected by newly enacted ordinances. A description of each ordinance will be added to the numeric
list at the back of the code, with a link to the ordinance in signed, PDF format. Ordinances and
highlighting will be removed after codification. Most useful when online and print versions of the
code are updated on the same set schedule.
4 OrdSearch: The ordinances listed at the back of the code will link to those sections of the code
where cited. Links can also be provided from the history notes or ordinance table to the original,
signed ordinance when accessible on the Internet. If ordinances are hosted on CPC web site, a
$350.00 annual hosting fee applies.
CodeTrak and OrdSearch demonstrated:(www,codepublishing.com/readine.html)
........................................................................................................................................................................................I ...........................
Code Publishing Company 206.527.6831/800.551.2633
9410 Roosevelt Way NE www.codepublishina.com
Seattle, WA 98115-1164 CPCCc-codepublishing.com
60
GENERAL
Agreement for Supplementation Services
PREPARED FOR:
Port Orchard, Washington
PREPARED BY:
Taylor Kelly
Sales Support Specialist
TKelly(a�generalcode.com
585-761-0162
DATE:
August 26, 2025
61
08/26/2025
Brandy Wallace
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Dear Brandy,
The enclosed Agreement provides for the continuation of codification services as provided by
General Code, LLC® from September 15, 2025, to September 14, 2026. If you'd like to adjust
these dates, just let me know and I can send you an updated copy. If the City would prefer a
different term length, let me know and I can discuss our options with my team.
If the terms outlined in this Agreement are acceptable, please have your signatory sign the last
page and return it to me. We will provide you with a fully executed copy for your records once we
sign.
We look forward to our continued work with Port Orchard and your office on this very important
project. Thank you for your continued assistance.
Very truly yours,
Taylor Kelly
62
Scope of Services
Port Orchard, Washington
September 15, 2025 - September 14, 2026
General Code shall continue to provide electronic updates, supplement services, and online hosting services to Port
Orchard, Washington.
Supplements
General Code's supplementation service includes, but is not limited to, codification of new ordinances,
creation of files for a web -based code, publishing of supplements to the printed code, and code archiving.
The work on your supplement specifically focuses on the new legislation being incorporated with each supplement.
For each supplement we provide project management, recordkeeping, processing, professional review of new
legislation, and consult throughout the project. Our goal is to make the information easily accessible without altering
in any way the meaning of what was originally adopted. As part of our process for new legislation, we will:
> Acknowledge receipt of all materials
> Verify adoption of all legislation, including date of action by governing body
> Review legislation and distinguish between Code and non -Code material
> Update record of legislation received and its disposition (Disposition List)
> Request any missing legislation/missing pages
> Determine proper placement of legislation within Code
> Impose or utilize the adopted flexible section numbering system that allows for later changes
> Create/modify chapter, article and/or section titles
> Add historical annotations
> Add any necessary cross references
> Include editorial notes to sections that require additional explanation
> Correct any misspellings so that searchability in eCode360 is not compromised
> Impose a distinctive style for definitions, to aid Code user in quickly finding the meaning of a particular
term
> Maintain legislative integrity by following the original tables and graphics and, where necessary,
improving the presentation so that the information contained therein is easily accessible
> Impose standard internal section organizational hierarchy consistent with the rest of the Code
> Impose standard style conventions consistent with the rest of the Code, i.e., number citation,
capitalization, nonsubstantive grammar and punctuation, internal and statutory reference citation
63
> Confirm accuracy of internal references; correct as necessary and appropriate
> Confirm accuracy of statutory references; correct as necessary and appropriate
> Read and review for missing wording; internal conflicts
> Notify client of any issues and concerns noted and work together to determine appropriate resolution
> Update to Premium eCode360
eCode360 Premium Online
Our eCode360 platform is designed specifically to house codified laws and municipal information.
eCode360's intuitive design, responsive navigation, and robust search functionality drive performance and
user satisfaction.
Simple for Everyone
eCode360 offers a user experience that's simple and intuitive. Our easy -to -use, uncluttered interface allows users to
access, search and share Code sections with incredible speed and precision on desktop and mobile devices. It
provides the power to communicate information to everyone in your municipality like never before.
24/7/365 Access and Security
General Code supports your community through technologies that transform your users' experience and empower
your community to access, navigate and share your Code in exciting new ways. Our eCode360 platform was
designed by our own in-house team of software engineers, experts who understand the importance and value of
simplifying how you access and use your Code, generating an impressive 71,000 users a day while boasting an
incredible uptime average of 99.9%. eCode360 is available 24/7, 365 days a year.
eCode360 is hosted on Amazon Web Services (AWS)'s EC2, which has an uptime guarantee of 99.99%. Our servers
are backed up using IT industry best practices, taking advantage of multiple redundancies and regions within AWS.
In addition to a robust disaster recovery plan, we have taken steps to avoid disaster by building eCode360 from the
ground up to be secure and scalable. The system is designed and engineered to minimize the possibility of intrusion
and uses multiple leading -edge technologies to harden and secure the service.
eCode360 is our proprietary platform and does not require any Folio installation or licenses.
Maintenance and Updates
eCode360 is maintenance -free for our users. General Code employs a team of software developers, web application
developers and system administrators who maintain and update the platform to give you an intuitive and seamless
experience with your Code. Each time your Code is supplemented, General Code will automatically update your
eCode360 to reflect any changes that were made to the Code.
64
New Laws
Custom Settings for
Admin Users
Easy and Flexible
Searching
Electronic Index
Dynamic Table of Contents
Between regular Code supplements, General Code will temporarily post PDF copies of
new legislation to your online Code
Control the look of your eCode360 by selecting custom colors and accents, and
uploading a custom banner or photo
Search by key words, phrases, section numbers and more
A comprehensive list of key words and phrases to speed searching
Users can find the information they need and see their current location with a table of
contents inat moves as users Drowse
Email a link to a specific Code section or share via social media
Email or Share Links
Printing
Print with user-friendly functionality and a variety of user options
Bookmarking Searches
Save "favorites" to quickly return to sections of the Code
Archive View
View a permanent archive of your Code, updated with each supplement
"Sticky" Table Headers
Table headers remain stationary as you scroll
Translate
Users can view your Code in more than 100 additional languages
eCode360 Search App
Use your mobile device to search your Code
Linked New Laws
As new legislation is posted, we will add links from the New Laws section of eCode360
to the affected Code chapters or articles
Create personalized links and annotations within the Code
Public and Private Notes
Search across multiple Codes by municipality, geographic region, government type or
Multicode Search
population to find sample legislation or other Code content for zoning use, legal cases
or historical research
Download to Word
Administrative users can download Code text to a Microsoft Word document to edit
and track changes when drafting new legislation
Download to PDF
Public users can directly download Code text to a PDF document
New Laws Indicator
Code Change Indicators help users identify sections of your Code that have been
changed and provide links to the new legislation
Search across the Code, Public Documents, New Laws and Notes using an intuitive
Advanced Search
Customizable Titles
query tool and filtering system to quickly pinpoint the most relevant information
Administrative users can add customized titles and comments to your legislation in
New Laws
eAlert
Public users can sign up to receive notifications of changes in the Code
PubDocs Module
Post non -Code documents along with your online Code
65
Supplementation Costs
Supplement Service
Editorial rate $23.50 per page
Index rate $7.00 per page
Graphics, maps, tables, diagrams (additional charge per page) $15.00 per page
Small Supplement charge —supplements under 10 pages $100.00 per supplement
Shipping and handling at cost
Ongoing Service Costs
eCode360 Online Code
eCode360 Premium Annual Maintenance $1,195.00
The maintenance fee is an annual recurring flat fee that begins following the initial posting of eCode360. Therefore, we
recommend that the City budget for this service each year. The fee covers annual licensing, web hosting, posting of new
legislation between regular Code supplements and the PubDocs Module. Please note that this does not include the cost for
codifying new legislation.
Thereafter, fees may be increased annually consistent with the Producer Price Index for Publishing Industries, published by
the U.S. Dept. of Labor.
66
Authorization Agreement
Port Orchard, Washington hereby agrees to the procedures set forth in the attached description of services dated
August 26, 2025.
Port Orchard, Washington hereby agrees to the procedures outlined above, and to General Code's Terms and Conditions,
which are located here: i erms and Condition.
Port Orchard, WA
By:
Title:
Date:
General Code, LLC
By:
Title:
Date:
Witnessed by:
Title:
Date:
Witnessed by:
Title:
Date:
This document serves both as a proposal and as an agreement. To accept this proposal and delegate authority to General
Code to administer the project, complete the form above, including authorized signatures.
67
Ong City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
1.. (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda: Ratification of the Mayor's Signature on a Lease Agreement with Special Olympics
Flag Football for a Portion of Van Zee Park (Archer)
Meeting Date: September 9, 2025
Prepared By: Charli Archer, City Attorney
Summary and Background: Since approximately 2019, the City has leased a portion of Van Zee Park
for the Special Olympics Flag Football program, to support this important program for the City.
At the August 12th council meeting, the City Council approved a lease for Van Zee Park for use by the
SK Soccer Club for Aug. 12 to Nov. 11, 2025. Once staff sent the authorized lease to SK Soccer Club,
staff learned the actual organization that needed the space for that window of time was the Special
Olympics / South Kitsap Flag Football and not SK Soccer Club. As both entities have historically used
that park, the confusion led to the wrong lease being in inadvertently submitted to Council.
Due to the lack of Council meetings in the latter part of August and the time -sensitive nature of the
requested lease (with the use of the field beginning on 8/12 for this important program), the Mayor
executed the lease (attached) and authorized staff to move forward with the lease.
The City Council is requested to ratify the Mayor's execution of the lease for Special Olympics Flag
Football to use a portion of Van Zee Park.
Relationship to Comprenhensive Plan: None
Recommendation: Staff recommends the Council ratify the Mayor's signature on the Lease Agreement
with Special Olympics Flag Football for a portion of Van Zee Park.
Motion for Consideration: I move to ratify the Mayor's signature on a lease agreement with Special
Olympics Flag Football for the use of a portion of Van Zee Park, as submitted.
Has item been presented to Committee/Work Study? If so, which one: No
Fiscal Impact: Payment for the lease is $75 (to cover the usage of the lights in the park).
Alternatives: Do not approve to ratify the Mayor's signature and provide alternate direction.
Attachments:
Van Zee Lease.pdf
68
Docusign Envelope ID: CBA89997-4B9B-4338-9BD9-358AAB4D0603
REAL PROPERTY LEASE
AGREEMENT NO. 071-25
LESSOR: CITY OF PORT ORCHARD, a municipal corporation
LESSEE: Special Olympics Washington, South Kitsap Flag Football Program, a non-profit
corporation in the State of Washington
ASSESSOR'S TAX PARCEL ID#: Portion of tax parcel #352401-3-026-2000; 300
Tremont Street, Port Orchard, WA
This Lease is made and entered into by and between the CITY OF PORT ORCHARD, a
municipal corporation organized and existing under the laws of the State of Washington,
herein referred to as Lessor or the City, and Special Olympics Washington, South Kitsap Flag
Football Program, herein referred to as Lessee.
Section 1 - PREMISES
For and in consideration of the mutual covenants hereinafter contained, Lessor does hereby
agree to a non-exclusive lease, let and demise unto the Lessee of a portion of the park
described below "as is" between the hours of 5:30 p.m. and 7:00 p.m., on Tuesdays and
Thursdays:
Van Zee Park: A portion of Van Zee Park measuring approximately 150 feet
by 240 feet as delineated on the attached Exhibit "A".
Section 2 - TERM
This lease shall commence on August 12, 2025, and end on November 6, 2025, unless
extended pursuant to Section 3, or earlier terminated pursuant to Section 8.
Section 3 - RENT
The rent shall be seventy-five dollars ($75.00) for the term of the lease payable in full without
deduction or offset, to the Finance department of the City of Port Orchard on or before
November 6, 2025.
Section 4— LEASE EXTENSION
This lease may be extended upon written request of either party and written execution of an
extension by both parties, prior to the end date.
Section 5- CONDITIONS OF USE
A. It is understood and agreed between the parties that the Lessee shall not utilize the
premises other than for organizing and administering youth athletic programs.
B. The Lessee shall comply with all regulations and guidance disseminated by all federal,
state and local officials pertaining to the COVID-19 pandemic that are in effect on the
date of the event, including the preparation and implementation of a COVID-19 Safety
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Plan, face covering and social distancing requirements, and associated public health and
safety infrastructure.
C. The Lessee is prohibited to make any improvements to the PREMISES and the areas
immediately adjacent to the PREMISES.
D. Lessee shall maintain a clean and operational portable restroom available for use during
practice hours.
E. Lessee shall not sublease or rent any portion of the above -described real property without
the prior written consent of Lessor, and consent to a sub -lease or rental agreement shall
not be deemed to be consent to any subsequent sub -lease or rental agreement.
F. Lessee agrees to maintain the above -described real property during the term of this lease
and shall be responsible for the maintenance and upkeep of said area at all times,
including but not limited to turf and shall be responsible for maintaining said area in an
orderly state and sanitary condition.
Section 6- INDEMNIFICATION; INSURANCE.
A. Lessor, its officers, elected officials, employees and agents, shall not be liable for any loss,
damage or injury of any kind or character to any person or property arising from any use
of the leased premises or any part thereof, or caused by and/or arising from any act or
omission of Lessee or any of its agents, employees, licensees or invitees or by or from any
accident on the leased premises or any fire or other casualty thereon or occasioned by the
failure of Lessee to maintain said premises or to cause the same to be maintained in a safe
condition or by a nuisance made or suffered thereon, or arising from any other cause
whatsoever; and Lessee, as a material part of the consideration of this lease, hereby
waives on its behalf all claims and demands against Lessor and hereby indemnifies and
agrees to defend and hold Lessor, its officers, elected officials, employees and agents,
entirely free and harmless from all liability for damages and costs of other persons for any
such loss, damage or injury, together with all costs, reasonable attorney's fees and
expenses arising therefrom.
B. Lessee shall procure and maintain during the lease term a commercial general liability
policy against claims for injuries to persons or damage to property that may arise from or
in connection with Lessee's use of the leased premises. Said policy shall have insurance
limits no less than $1,000,000 each occurrence and $2,000,000 general aggregate. Said
policy shall be endorsed to name the Lessor as an additional insured and to state that
coverage shall not be cancelled unless Lessor has received thirty (30) days written notice
by certified mail, return receipt requested.
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Section 7 - ASSIGNMENT
Lessee shall not assign or transfer this lease or any interest therein without the prior written
consent of Lessor, and such consent to an assignment shall not be deemed to be consent to
any subsequent assignment. Any such assignments without such consent shall be void, and
shall at the option of Lessor, terminate with this lease.
Section 8- DEFAULT
In the event the Lessee shall fail to keep and perform any of the covenants and agreements
herein contained, including compliance with then -applicable COVID-19 public health
directives or the maintenance of a proper insurance policy as described above, Lessor may
terminate this lease by giving written notice to Lessee. Provided, however, that with the
exception of Lessee's failure to maintain a proper insurance policy as described above, Lessee
shall be given a minimum of five (5) days upon receiving written notice to cure any default
prior to lease termination. Lessee's failure to maintain a proper insurance policy as described
above is not subject to Lessee's right to cure and shall be grounds for immediate termination
of the lease by Lessor. In the event of any such lease termination, Lessor, in addition to the
other rights and remedies it may have, shall have the immediate right of re-entry and may
remove all persons and property from the premises.
Section 9 - WAIVER
Lessor's waiver of one or more covenants or conditions shall not be construed as a waiver of a
subsequent breach of the same or other covenants or conditions.
Section 10 - PARTIES BOUND
The covenants and conditions herein contained shall, subject to the provisions as to
assignment and transfer, apply to and bind the heirs, successors, executors, administrators,
and assigns of all the parties hereto.
Section 11 - LESSOR'S RESERVATION
Lessor reserves the right, without liability to Lessee, to inspect the premises at reasonable
times, upon reasonable notice, and without unreasonable interference to Lessee's activities on
the premises.
Section 12 - ENTIRE AGREEMENT
This lease sets forth the entire agreement between the parties and it shall not be modified in
any manner except by an instrument in writing executed by the parties.
Section 13 - JURISDICTION, VENUE AND ATTORNEY FEES
Any action for claims arising out of or relating to this lease shall be governed by the laws of
the State of Washington. Venue shall be in Kitsap County Superior Court. In any suit or
action instituted to enforce any right or obligation granted in this lease, the substantially
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prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's
fees from the other party.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have signed and sealed this lease the 18th day of
August 2025.
LESSOR:
City of Port Orchard
Signed by:
Dot' MO
By: wm&�------P-AE58e7n
It's: Mayor
ATTEST/AUTHENTICATED :
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Signed by: L)nz7ni
Charlotte A. Archer, City Attorney
LESSEE:
Special Olympics Washington, South
Kitsap Flag Football Program
F6-�uw-,-
Siggned by:
Signature:
*5s'E"{i�r ...
Title: Southwest Program manager
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ORCHARD 216 Prospect Street, Port Orchard, WA 98366
1.. (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda: Ratification of the Mayor's Signature and Authorizing an Interagency Agreement
with the Washington State Administrative Office of the Courts for Interpreter Funding Services
(Wallace)
Meeting Date: September 9, 2025
Prepared By: Brandy Wallace, MMC, CPRO, City Clerk
Presenter: Brandy Wallace, MMC, CPRO, City Clerk
Summary and Background: The Washington State Administrative Office of the Courts (AOC) offers a
program of individual local courts to improve access to the Court for Limited English Proficient (LEP),
deaf, hard of hearing, and deaf/blind (D/HH/DB) individuals in accordance with RCW Chapters 2.42
and 2.43.
These funds are intended to address each court's following needs:
Financial Need — i.e., the gap between the court's available financial resources and the costs to
meet its need for credentialed, and qualified interpreters, and the implementation of the
Court's language access plan; and
Need for Court Interpreters — i.e., the public's right to access the court, and the court's
responsibility to provide court credentialed, and qualified interpreters as required by RCW
Chapters 2.42 and 2.43.
Need for Language Access in General — i.e., translations, customer service, technology enabling
remote interpreting, and other things that are necessary for courts to provide fair and equitable
access for LEP and D/HH/DB individuals.
By this approval Council would authorize the ratification of the Mayor's signature authorizing the
Interagency Agreement with AOC for these funds. The court would be reimbursed a maximum of
$2,329.00 for interpreter and language access services costs incurred during the period of July 1, 2025
to June 30, 2026.
Because this is akin to an interlocal agreement related to grant/reimbursement of funds, council
approval is requested.
Relationship to Comprenhensive Plan: N/A
Recommendation: Staff recommends the Council ratify the Mayor's signature authorizing the
Interagency agreement between Washington State Administrative Office of the Courts and Port
Orchard Municipal Court.
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Motion for Consideration: I move to ratify the Mayor's signature authorizing the Interagency
Agreement with the Washington AOC for interpreter services grant funding.
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: None, this is a reimbursement program.
Alternatives: Not authorize the agreement and provide additional guidance.
Attachments:
ILA WA Courts.pdf
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WASHINGTON
INTERAGENCY AGREEMENT
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AOC2797
AND
PORT ORCHARD MUNICIPAL COURT
FOR
LANGUAGE ACCESS AND INTERPRETER REIMBURSEMENT PROGRAM (LAIRP)
1. PARTIES TO THE AGREEMENT
This Interagency Agreement is made and entered into by and between the State of
Washington acting by and through the Washington State Administrative Office of the
Courts, hereinafter referred to as "AOC or Procuring Agency," and
Port Orchard Municipal Court , referred to as "Court or Agency". The AOC and
the Agency may be referred to individually as a "Party" and collectively as the "Parties".
2. DEFINITIONS
For purposes of this agreement, the following definitions shall apply:
a. "Credentialed Interpreter" means an interpreter who is Credentialed by the
Administrative Office of the Courts, as defined in RCW 2.43.020 (1) or an
interpreter certified by the Office of the Deaf and Hard of Hearing (ODHH)
pursuant to WAC 388-818-500, et. seq. The names and contact information of
AOC-certified interpreters are found, and incorporated herein by reference, at
http://www.courts.wa.gov/programs orgs/pos interpret/ The names and contact
information of ODHH-certified interpreters are found, and incorporated herein by
reference, at:
https://fortress.wa.gov/dshs/odhhapps/Interpreters/Courtlnterpreter.aspx
b. "Qualified Interpreter" means a non-credentialed interpreter who is qualified on
the record by a judicial officer.
c. "Legal proceeding" means any proceeding in any court and in any type of
hearing before a judicial officer, an administrative law judge, or before an
administrative board, commission, agency, or licensing body of the state or
any political subdivision, as defined in RCW 2.43.020 (4).
d. "Qualifying Event" means a proceeding or event for which an interpreter is
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appointed by an appointing officer pursuant to RCW 2.42 and/or RCW 2.43.
3. PURPOSE
The purpose of this Agreement is to partner with individual local courts in improving
access to the Court for Limited English Proficient (LEP), deaf, hard of hearing, and
deaf/blind (D/HH/DB) individuals in accordance with RCW Chapters 2.42 and 2.43.
a. These funds are intended to address each court's following needs:
i. Financial Need — i.e., the gap between the court's available financial resources
and the costs to meet its need for credentialed, and qualified interpreters, and
the implementation of the Court's language access plan; and
ii. Need for Court Interpreters — i.e., the public's right to access the court, and the
court's responsibility to provide court credentialed, and qualified interpreters as
required by RCW Chapters 2.42 and 2.43.
Need for Language Access in General — i.e., translations, customer service,
technology enabling remote interpreting, and other things that are necessary for courts
to provide fair and equitable access for LEP and D/HH/DB individuals.
THEREFORE, IT IS MUTUALLY AGREED THAT:
4. STATEMENT OF WORK
The Court shall:
a. Ensure that the interpreter funding is used only for language access purposes and
for reimbursement of costs paid to credentialed and qualified interpreters for
Qualifying Events pursuant to Appendix A, which is incorporated in this
agreement.
b. Track and provide interpreter cost and usage data through the web application
provided by the AOC Language Access and Interpreter Reimbursement Program,
reflecting information about the Court's interpreter and language access costs and
services.
c. Provide the AOC Project Manager with a list of all users who require access to
submit data to the Language Access and Interpreter Reimbursement Program web
application.
d. Work with the AOC Language Access Team, the Interpreter and Language Access
Commission, and neighboring courts to identify and implement best and promising
practices for providing language access and interpreter services.
e. Encourage its staff overseeing interpreter services at the court to attend trainings
(in person and/or online) provided by the AOC Interpreter and Language Access
Commission and Language Access Team.
f. Elect to pay for interpreter services, if necessary, that are not in accordance with
the provisions of Appendix A as set forth; while such payments will not be
reimbursed, Court still commits to entering data into the application for these
interpreter services, irrespective of their eligibility for reimbursement.
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g. Have a Language Access Plan (LAP) in place to participate in this program.
i. The Court must submit the most recent version of their LAP to the AOC
Project Manager by December 1, 2025, at LAP@courts.wa.gov.
ii. The Court agrees to work with the AOC LAP Coordinator to update and
revise the LAP for final approval by the AOC.
iii. The Court certifies that they will exercise reasonable due diligence in
maintaining and updating their LAP as require by law.
5. PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement shall
commence on July 1, 2025, and end on June 30, 2026, unless terminated sooner or
extended, as provided herein.
6. COMPENSATION
AOC will reimburse the Court a total compensation not to exceed $2,329 for
payments made during the period from July 1, 2025, through June 30, 2026, related
to the purpose of this agreement.
Procuring Agency may extend the term of this Contract or increase funds by mutual
written amendment. Such amendment shall be on the same terms and conditions as
set forth in this Contract.
7. INVOICES; BILLING; PAYMENT
The Court will submit properly prepared itemized invoices quarterly through the web
application on an A19 form to AOC Program Manager. The Data shall be submitted
electronically to the AOC as described in Subsection 4.b., above, and in conjunction
with the quarterly invoice. The Court shall maintain sufficient backup documentation
of expenses under this Agreement observing the following:
a. The Court shall receive payment for its costs for interpreter and language access
services as set forth in Appendix A, and incorporated herein.
b. The Court shall not be reimbursed for interpreter services costs for Qualifying
Events or other goods and services set forth in Appendix A until properly -
completed A19 invoices, corresponding data (See subsection 4.b.), and the AOC
approved LAP (See subsection 4.g.), are received and approved by AOC, pursuant
to the following schedule:
i. Reflecting Qualifying and non -qualifying Events, and any goods or services
purchased, occurring between July 1, 2025 and September 30, 2025, must
be received by the AOC no later than December 31, 2025.
ii. Reflecting Qualifying and non -qualifying Events, and any goods or services,
purchased occurring between October 1, 2025 and December 31, 2025,
must be received by the AOC no later than February 27, 2026.
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iii. Reflecting Qualifying and non -qualifying Events, and any goods or services,
occurring between January 1, 2026 and March 31, 2026, must be received
by the AOC no later than April 30, 2026.
iv. Reflecting Qualifying and non -qualifying Events, and any goods or services,
occurring between April 1, 2026 and June 30, 2026, must be received by
the AOC no later than July 15, 2026.
c. The Court shall submit documents related to reimbursement claims upon request
by the AOC, including but not limited to translated materials or invoices for goods
and services.
d. The Court shall make reasonable efforts to submit invoices by the due date. Any
supplemental invoices submitted after the due date must be reported to the AOC
for approval which may be processed at the discretion of the AOC Project
Manager.
e. Payment to Court for approved and completed work will be made by warrant or
account transfer by AOC within 30 days after each quarterly deadline, provided
that the invoice and data report are complete and accurate.
Incorrect or incomplete Al 9s shall be returned by AOC to the Agency for correction
and resubmission.
f. Payment will be considered timely if made by the AOC within thirty (30) calendar
dates after each quarterly deadline. No A19 shall be submitted until after a
deliverable has been accepted by the AOC Program Manager.
The AOC will not make any advanced payments or payments in anticipation of
services or supplies under this Contract.
8. REVENUE SHARING
a. AOC, in its sole discretion, may initiate revenue sharing. AOC will notify the Court no
later than May 1, 2026 that AOC intends to reallocate funding among courts in the
program. If AOC determines the Court may not spend all funds available under the
Agreement, then AOC may reduce the Agreement amount. If AOC determines the
Court may spend more funds than available under the Agreement and for its scope,
then AOC may increase the Agreement amount.
b. If the AOC initiates revenue sharing, the Court will receive a unilateral amendment
to the agreement, replacing the revenue sharing letter sent in previous years, which
will include the Court's revised budget. The Revenue Sharing Amendment is deemed
final and the Court shall not receive any payment exceeding the revised contract limit.
9. AGREEMENT MANAGEMENT
The Program Manager and Agency Program Manager noted below shall be
responsible for and shall be the contact people for all communications and billings
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regarding the performance of this Contract. The parties may change administrators
by written notice.
AOC Program Manager
Tae Yoon
PO Box 41170
Olympia, WA 98504-1170
I nterpreterreimbursement(@courts.wa.gov
(360) 705-5281
Agency Program Manager
Sharon Ells
Court Administrator
216 Prospect St,
Port Orchard, WA 98366-5326
sells@cityofportorchard.us
(360) 876-1701
10. RECORDS, DOCUMENTS, AND REPORTS
a. Records Retention. The Agency shall maintain books, records, documents and
other evidence of accounting procedures and practices which sufficiently and
properly reflect all direct and indirect costs of any nature expended in the
performance of this contract. These records shall be subject at all reasonable times
to inspection, review, or audit by personnel duly authorized by the AOC, the Office
of the State Auditor, and federal officials so authorized by law, rule, regulation, or
contract. The agency will retain all books, records, documents, and other material
relevant to this contract as required, a minimum of six (6) years after end of period
of performance (including all amendments to extend) or termination of the
agreement or as otherwise specified and make them available for inspection by
persons authorized under this provision. If any litigation, claim, or audit is
commenced prior to the expiration of the required retention period, such period
shall extend until all such litigation, claims, or audits have been resolved.
b. Public Records. It is the policy of the Administrative Office of the Courts to facilitate
access to its administrative public records. This Agreement and related records
are subject to disclosure under General Court Rule 31.1. For additional
information, please contact the AOC Public Records Officer.
11. RIGHTS IN DATA
Unless otherwise provided, data which originates from this Agreement shall be "works
for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the AOC.
Data shall include, but not be limited to, reports, documents, pamphlets,
advertisements, books magazines, surveys, studies, computer programs, films,
tapes, and/or sound reproductions. Ownership includes the right to copyright, patent,
register, and the ability to transfer these rights.
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12. RESPONSIBILITY OF THE PARTIES
Each party to this Agreement assumes responsibility for claims and/or damages to
persons and/or property resulting from any act or omission on the part of itself, its
employees, or its agents. Neither party assumes any responsibility to the other party
for any third -party claims.
13. DISPUTE RESOLUTION
To the extent practicable, the Parties shall use their best, good faith efforts
cooperatively and collaboratively to resolve any dispute that may arise in connection
with this Agreement as efficiently as practicable, and at the lowest possible level with
authority to resolve such dispute. The Parties shall make a good faith effort to
continue without delay to carry out their respective responsibilities under this
Agreement while attempting to resolve any such dispute. If, however, a dispute
persists and cannot reasonably be resolved, it may be escalated within each
organization. In such circumstance, upon notice by either party, each party, within
five (5) business days shall reduce its description of the dispute to writing and deliver
it to the other party. The receiving party then shall have three (3) business days to
review and respond in writing. In the event the parties cannot agree on a mutual
resolution within fifteen (15) business days, the parties shall appoint a member of a
dispute resolution board within Thurston County and those two appointed members
will select a third. The Board shall employ dispute resolution measures and its result
is binding. Both parties agree that, the existence of a dispute notwithstanding, the
Parties will continue without delay to carry out all respective responsibilities under this
Agreement that are not affected by the dispute.
14. GENERAL PROVISIONS
a. Amendment or Modification. Except as set forth herein, this Agreement may not
be amended or modified except in writing and signed by a duly authorized
representative of each party hereto. In revenue sharing procedures AOC will issue
a unilateral amendment.
b. Appendix. All appendices referred to herein are deemed to be incorporated in this
Agreement in their entirety.
c. Assignment. The work to be provided under this Agreement, and any claim arising
thereunder, is not assignable or delegable by either party in whole or in part,
without the express prior written consent of the other party, which consent shall
not be unreasonably withheld.
d. Authority. Each party to this Agreement, and each individual signing on behalf of
each party, hereby represents and warrants to the other that it has full power and
authority to enter into this Agreement and that its execution, delivery, and
performance of this Agreement has been fully authorized and approved, and that
no further approvals or consents are required to bind such party.
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e. Captions & Headings. The captions and headings in this Agreement are for
convenience only and are not intended to, and shall not be construed to, limit,
enlarge, or affect the scope or intent of this Agreement nor the meaning of any
provisions hereof.
Conformance. If any provision of this Agreement violates any statute or rule of law
of the State of Washington, it is considered modified to conform to that statute or
rule of law.
g. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and all of which counterparts together
shall constitute the same instrument which may be sufficiently evidenced by one
counterpart. Execution of this Agreement at different times and places by the
Parties shall not affect the validity thereof so long as all the Parties hereto execute
a counterpart of this Agreement.
h. Electronic Signatures. An electronic signature or electronic record of this
Agreement or any other ancillary agreement shall be deemed to have the same
legal effect as delivery of an original executed copy of this Agreement or such
other ancillary agreement for all purposes.
Entire Agreement. This Agreement constitutes the entire agreement and
understanding of the Parties with respect to the subject matter and supersedes
all prior negotiations, representations, and understandings between them. There
are no representations or understandings of any kind not set forth herein.
Governing Law. The validity, construction, performance, and enforcement of this
Agreement shall be governed by and construed in accordance with the laws of
the State of Washington, without regard to its choice of law principles that would
provide for the application of the laws of another jurisdiction.
k. Independent Capacity. The employees or agents of each party who are engaged
in the performance of this Agreement shall continue to be employees or agents
of that party and shall not be considered for any purpose to be employees or
agents of the other party.
Jurisdiction & Venue. In the event that any action is brought to enforce any
provision of this Agreement, the parties agree to exclusive jurisdiction in Thurston
County Superior Court for the State of Washington and agree that in any such
action venue shall lie exclusively at Olympia, Washington.
m. No Agency. The parties agree that no agency, partnership, or joint venture of any
kind shall be or is intended to be created by or under this Agreement. Neither
party is an agent of the other party nor authorized to obligate it.
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n. Right of Inspection. The Agency shall provide right of access to its facilities to the
AOC, or any of its officers, or to any other authorized agent or official of the State
of Washington at all reasonable times, in order to monitor and evaluate
performance, compliance, and/or quality assurance under this agreement.
o. Severability. If any provision of this Agreement or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect the
other provisions of this Agreement which can be given effect without the invalid
provision, if such remainder conforms to the requirements of applicable law and
the fundamental purpose of this agreement, and to this end the provisions of this
Agreement are declared to be severable.
p. Termination for Cause. If for any cause, either party does not fulfill in a timely and
proper manner its obligations under this Agreement, or if either party violates any of
these terms and conditions, the aggrieved party will give the other party written
notice of such failure or violation. The responsible party will be given the opportunity
to correct the violation or failure within 15 working days. If failure or violation is not
corrected, this Agreement may be terminated immediately by written notice of the
aggrieved party to the other.
q. Termination for Convenience. Except as otherwise provided in this Agreement,
either party may terminate this Agreement upon thirty (30) calendar days prior
written notification. Upon such termination, the parties shall be liable only for
performance rendered or costs incurred in accordance with the terms of this
Agreement prior to the effective date of such termination.
Termination for Non -Availability of Funds. AOC's ability to make payments is
contingent on availability of funding. In the event funding from state, federal, or other
sources is withdrawn, reduced, or limited in any way after the effective date and prior
to completion or expiration date of this Agreement, AOC, at its sole discretion, may
elect to terminate the Agreement, in whole or part, for convenience or to renegotiate
the Agreement subject to new funding limitations and conditions. AOC may also
elect to suspend performance of the Agreement until AOC determines the funding
insufficiency is resolved. AOC may exercise any of these options with no notification
restrictions, although AOC will make a reasonable attempt to provide notice.
In the event of termination or suspension, AOC will reimburse eligible costs incurred
by the Agency through the effective date of termination or suspension. Reimbursed
costs must be agreed to by AOC and the Agency. In no event shall AOC's
reimbursement exceed AOC's total responsibility under the agreement and any
amendments.
s. Suspension for Convenience. AOC may suspend this Agreement or any portion
thereof for a temporary period by providing written notice to the Agency a minimum
of seven (7) calendar days before the suspension date. Agency shall resume
performance on the first business day following the suspension period unless
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another day is specified in writing by AOC prior to the expiration of the suspension
period.
t. Waiver. A failure by either party to exercise its rights under this Agreement shall
not preclude that party from subsequent exercise of such rights and shall not
constitute a waiver of any other rights under this Agreement unless stated to be
such in a writing signed by an authorized representative of the party and attached
to the original Agreement.
EXECUTED AND EFFECTIVE as of the day and date first above written.
WASHINGTON STATE ADMINISTRATIVE
OFFICE OF THE COURTS
Sewn 11e 9/4/2025
Port Orchard Municipal Court
LAIRP
Idol' Pu�-acun,slAU
Signature Date Signature
Dawn Marie Rubio Rob Putaansuu
Name Name
State Court Administrator & Director Mayor
Title Title
9/4/2025
Date
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APPENDIX A
WASHINGTON STATE LANGUAGE ACCESS AND INTERPRETER
REIMBURSEMENT PROGRM FUNDING
FUNDING CONDITIONS AND PAYMENT STRUCTURE
The Language Access and Reimbursement Program funding conditions and payment
structure shall be as follows:
iwe]4►14:7_1U1uuzI']I►[ X99 I'711107►61
The Washington State Administrative Office of the Courts (AOC), will reimburse
courts under this Agreement for the cost of spoken language interpretation and
sign language interpretation and other goods and services that improve language
access in the courts for Limited English Proficient (LEP), deaf, and hard of hearing
persons. This includes interpreters credentialed by AOC (certified or registered),
or otherwise court -qualified interpreters appointed pursuant to RCW 2.42 and
RCW 2.43 under the following conditions listed under Section 2 "Qualifying
Interpreter Events."
It also includes goods and services that improve language access, listed under
Section 3 "Language Access Goods and Services".
Courts shall work with AOC staff in determining whether an expense that is not
explicitly mentioned below, qualifies as a reimbursable expense under the
Agreement.
2. QUALIFYING INTERPRETING EVENTS
A. Spoken Language Interpreters Qualifying Events
AOC will reimburse courts for 50% of the actual expenses for services of WA
state AOC-credentialed or otherwise court -qualified interpreters pursuant to
RCW 2.43 that meet one of the following conditions:
a) If there is at least one WA state AOC credentialed interpreter in the
language being used, then reimbursement will only be provided for using
an AOC credentialed interpreter who is credentialed in that language.
b) Compensation for interpreters for languages for which neither a certified
interpreter nor registered interpreter is offered will be reimbursed where
the interpreter has been qualified on the record pursuant to RCW 2.43.
c) Courts will not be reimbursed for events using non-AOC credentialed
interpreters if there is one or more WA state AOC credentialed
interpreter listed for the language being used.
REV June 2025 AOC2797 Page 10 of 13
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B. Sign Language Interpreters Qualifying Events
AOC will reimburse courts for 50% of the actual expenses for services of
American Sign Language (ASL) interpreters and Certified Deaf Interpreters
(CDI) pursuant to RCW 2.42 when the interpreter is listed with the Department
of Social and Health Services, Office of Deaf and Hard of Hearing (DSHS,
ODHH) as a court -certified interpreter.
The Office of Deaf and Hard of Hearing (ODHH) at the Department of Social
and Health Services (DSHS) maintains a list of Certified Court Sign Language
Interpreters. This list includes American Sign Language (ASL) interpreters and
Certified Deaf Interpreters (CDI). To qualify for reimbursement, and event using
an ASL and/or CDI interpreter from this list must be used.
Certified interpreters are listed under three categories:
• Specialist Certificate: Legal — SC: L
• RID Certification with SC: L written test
• Intermediary Interpreters (Deaf Interpreter)
The most up to date list can be found here:
https://fortress.wa.gov/dshs/odhhapps/Interpreters/Courtlnterpreter.aspx
C. Staff Interpreters (Salaried Staff)
Reimbursement will be provided for salaried staff meeting the Qualifying Event
conditions for 50% of the payment of credentialed spoken and sign language
interpreters, as referenced in subsections 2.A and 2.B above.
D. Telephonic and Video Remote Interpreting and Services for Legal
Proceedings
AOC will reimburse 50% of the costs for using certified, registered, or otherwise
qualified interpreters operating by telephone or video for court proceedings.
The services must meet the Qualifying Event conditions for the payment of
credentialed spoken and sign language interpreters, as referenced in
subsections 2.A and 2.B above.
3. LANGUAGE ACCESS GOODS AND SERVICES
Courts can request reimbursement for 100% of the costs for goods and services
that will help increase language access in the Court.
Courts shall submit documents related to reimbursement claims under goods and
services, including original and translated materials for translation services, and
applicable invoices for other goods and services, upon request by the AOC.
The items listed below are common goods and services that courts have used to
increase language access and will be improved for reimbursement.
REV June 2025 AOC2797 Page 110113
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• Translation services
• Telephonic interpreter services for events outside of court proceedings
• Portable video device(s) for video remote interpreting
• Equipment used for simultaneous interpretation
• Staff training on language access, interpreting, or bilingual skills
improvement
• Interpreter scheduling software fees
• Printed signage for language assistance purposes
Items or services not listed above must be pre -approved (via email) by Language
Access and Interpreter Reimbursement Program Coordinator prior to purchase or
they may not qualify for reimbursement under the Program.
4. SCOPE OF REIMBURSEMENT FUNDING
Reimbursement payment under this Agreement will only be made to the Court
when the cost is paid out of the budget or budgets, in the case of multi -court
collaborative applicants of the Court responsible for full payment.
5. PAYMENT STRUCTURE
A. Reimbursement Rate
a) Spoken Language Interpreters
AOC will reimburse the Court for 50% of the cost of AOC credentialed, or
otherwise court -qualified interpreters providing services under this
Agreement.
b) Sign Language Interpreters
AOC will reimburse the Court for 50% of the cost of certified interpreters
providing services under this Agreement.
c) Staff Interpreters (Salaried Staff)
AOC will reimburse the Court for 50% of the cost of AOC credentialed
staff interpreters.
d) Contracted Interpreters
The cost of credentialed or otherwise qualified contract interpreters who
are paid other than on an hourly basis, for example, on a half -day of flat
rate basis, will be reimbursed at 50%.
e) Remote Interpreting
AOC will reimburse the Court for 50% of the cost of using credentialed or
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otherwise qualified interpreters providing interpretation by telephone or
video for legal proceedings.
f) Cancellation Fees
AOC will reimburse the Court for 50% of cancellation fees paid to
interpreter.
g) Goods and Services
AOC will reimburse the Court for 100% of the approved cost of goods and
services related to language access in courts.
B. Travel Time and Mileage
AOC will reimburse the Court at 50% of the cost of interpreter travel time and
mileage.
Interpreter travel time is reimbursable if a required party fails to appear. "Failure
to appear" means a non-appearance by the LEP or deaf or hard of hearing
client, attorneys, witnesses, or any necessary party to a hearing, thereby
necessitating a cancellation or continuance of the hearing. The Court can be
reimbursed for 50% of the cancellation fees paid to the interpreter.
REV June 2025 AOC2797 Page 13 of 13
89
Ong City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
1.. (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Items: Adoption of an Ordinance Amending the 2025-2026 Biennial Budget (Crocker)
Meeting Date: September 9, 2025
Prepared By: Noah Crocker, M.B.A., Finance Director
Presenter: Noah Crocker, M.B.A., Finance Director
Summary and Background:
The City of Port Orchard Biennial Budget for 2025-2026, adopted at Ordinance No. 018-24 and
amended by Ordinance 005-25, is written to capture revenue and expenses over the fiscal period.
During the biennial period, changes to the budget in both revenue and expenditures need to be
recognized by a Budget Amendment.
By this Ordinance, the City Council would amend the 2025-2026 Biennial Budget as adopted by
Ordinance No. 018-24 and amended by Ordinance No. 005-25.
This Ordinance will provide the following adjustments:
• Fund 001:
1. Increase Transfers out to fund 302 for the acquisition of a building including minor
renovations by $2,600,000
2. Reduce ending fund balance by $2,600,000
Fund 302:
1. Increase Transfer in from fund 001 for the acquisition of a building including minor
renovations by $2,600,000
2. Increase expenses for the acquisition of a building including minor renovations by
$2,600,000
Relationship to Comprenhensive Plan: Chapter 7 - Utilities; Chapter 4 - Parks; Chapter 8 -
Transportation; Chapter 9 - Capital Facilities
Recommendation: The Finance Director recommends adoption of an Ordinance amending the 2025-
2026 Biennial Budget
Motion for Consideration: I move to adopt an Ordinance amending the 2025-2026 Biennial Budget.
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact:
Increase Revenue and Expense Budget Authority by $2,600,000
Alternatives: Do not approve and provide alternative guidance.
Attachments:
Salary Schedule - Exhibit A.pdf
Income Statement-Draft.doc
2025.08.28 -Ordinance_ Amendment_ 2025-2026-Final.docx
91
EXHIBIT A
..II11flF .
Mayor 1 Annual I 128,620.04
Council (Seats 1,4,5) 3 Bi-Weekly 500
Council (Seats 2,3,6) 3 Monthly 1,000
Council (At Large) 1 Bi-Weekly 500
Total Elected
-.iE
City Clerk
Community Development Director
Finance Director
8.00
1
I flu 11111 ii
52.06
1FTI,il! Iii
60.36
1
73.87
85.67
1
75.31
87.33
Human Resources Director
1
62.75
72.77
Chief of Police
1
79.62
92.35
Public Works Director
1
76.88
89.16
Total Mayoral Direct Reports 6.00
Deputy City Clerk 1 38.93 45.14
Human Resources Analyst 1 43.44 50.37
Total Administration 2.00
Deputy Finance Director
1
57.51
66.68
Accounting Assistant I
1
29.74
34.48
Accounting Assistant II
4
33.17
38.47
Accounting Assistant III
2
40.38
46.82
Accounting Assistant III / IT Specialist
1
41.79
48.46
Information Technology Manager
IT Support Specialist
1
60.81
70.52
45.72
1
39.43
Total Finance/IT 11.00
Deputy Director Community Development
1
56.35
65.36
Permit Center Manager **
1
40.83
47.35
Permit Technician **
2
33.23
38.53
Permit Clerk
Permit Center Assistant
Principal Planner
2
30.66
35.58
0.70
27.02
31.34
1
56.34
65.35
Senior Planner
1
48.27
55.96
Plans Examiner/Building Inspector II
1
41.59
48.24
Associate Planner
1
41.68
48.33
Assistant Planner
1
36.77
42.64
Building Inspector 1
Code Enforcement Officer I
1
37.47
43.45
1
31.80
36.91
Code Enforcement Officer II
1
40.31
46.75
Parking Enforcement Officer (2 PT)
1.40
30.10
34.91
Total Community Development 16.10
Municipal Court Judge
0.50
Annual
108,668.50
Municipal Court Administrator
1
52.07
60.38
Lead Clerk
1
33.08
39.53
Court Clerk 1 27.95 33.37
Total Judicial 3.50
92
• rtr.iui
• • •
Deputy Police Chief 2
n'ri• 1
72.39
I 83.94
Police Services Coordinator
1
37.21
44.45
Police Services Specialist 3.70 27.82 33.21
Sergeant 5 56.41 62.45
Police Officer 19 41.98 51.95
Total Police Department 30.70
-.
City Engineer 1 65.21 75.62
Assistant City Engineer
1
58.82
68.22
Operations and Utility Manager
1
56.78
65.85
Operations Supervisor
1
45.93
53.26
Utility Supervisor
Utilities Compliance Specialist
Civil Engineer II *
1
45.93
53.26
1
38.76
44.92
1
50.83
58.94
Civil Engineer I *
2
48.06
55.75
GIS/Asset Management Coordinator
1
43.49
50.45
Asset Management Technician
1
31.80
36.91
Public Works Procurement Specialist
1
40.43
46.88
Project Coordinator/Inspector
2
42.32
49.08
Public Works Administrative Specialist
Office Assistant I
Lead Mechanic
Mechanic
Electrician
1
33.23
38.53
1
27.02
31.34
1
37.05
44.24
1
34.52
41.23
1
36.62
43.73
Public Works Lead
5
37.05
44.24
Maintenance Technician II
16
33.48
39.97
Maintenance Technician I 2 24.93 29.78
Total Public Works 42.00
lrniiiiiii
Seasonal Public Works Hourly 22.76 24.18
Intern Hourly 21.02 23.36
Temporary Employee Hourly 21.02 23.36
. 111.30
*Only 2 FTE's are funded in the 2025-2026 budget. However, 3 FTE's are listed above to provide for potential promotions.
**Planned Retirement will cause a temporary overlap in full time equivalents (FTE) for the Permit Center Manager and Permit Tech position
FTE counts are subject to modification pursuant to City Policy No. 3.17
93
2025-2026 Biennial
2025-2026
2025-2026 Amended
•
Budget Ord. 005-25
Adjustments
Biennial Budget
Beginning Fund Balance
$ 101,222,396
$ -
$ 101,222,396
Revenue
$ 142,752,951
$ 2,600,000
$ 145,352,951
Expense
$ 159,501,800
$ 5,200,000
$ 164,701,800
Ending Fund Balance
$ 84,473,546
$ (2,600,000)
$ 81,873,546
2025-2026 Biennial
2025-2026
2025-2026 Amended
Budget Ord. 005-25
Adjustments
Biennial Budget
Total Revenue
I $ 243,975,346
$ 2,600,000
$ 246,575,346
Total Expense
$ 243,975,346
$ 2,600,000
$ 246,575,346
94
ORDINANCE No. **-25
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING THE 2025-2026
BIENNIAL BUDGET AS ADOPTED BY ORDINANCE
NO. 018-24, AND AMENDED BY ORDINANCE NO.
005-25, TO RECOGNIZE EXPENDITURES AND
REVENUES NOT ANTICIPATED AT THE TIME OF
THE ADOPTION OF THE 2025-2026 BIENNIAL
BUDGET; PROVIDING FOR PUBLICATION; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, the City of Port Orchard adopted its 2025 - 2026 Biennial Budget
by Ordinance No. 018-24, which was then amended by Ordinance No. 005-25; and
WHEREAS, the City desires to keep current on budget amendments to reflect
necessary adjustments to revenue and expenses; and
WHEREAS, it is necessary to consider adjustments to accounts and/or funds by
means of appropriation adjustments that could not have been anticipated at the time of
passage of the 2O25 - 2026 Biennial Budget; and
WHEREAS, by this Ordinance, the City Council amends the 2025-2026 Biennial
Budget to accommodate necessary adjustments as set forth herein; and
WHEREAS, the City has identified and entered into a contract Co46-25 to
purchase commercial real property in close proximity to the City's existing Public Works
Facility which includes an office building and work shop; and
WHEREAS, this facility will allow the City to meet its current and future
operational needs for City departments at a lower cost than constructing a new facility to
meet these needs; and
WHEREAS, by this Ordinance, Fund ooi is adjusted to increase transfers out to
Fund 302 for the acquisition and minor improvement of this facility; and
WHEREAS, Fund 302 is adjusted to reflect additional expenditure authority in
the amount of $2,600,000 to acquire and make minor capital improvements; and
WHEREAS, by this Ordinance, the City adjusts all 2026 ending fund balances to
reflect the impact of the proposed budget amendments; and
WHEREAS, the City Council has considered the proposed budget amendments
and finds that amendments authorized by this Ordinance are consistent with applicable
laws and financial policies, and further the public's health, safety and welfare; now,
therefore,
11103661.1- 366922 - 0001
95
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. The 2025 - 2026 Biennial Budget and enabling Ordinance No. 018-
24, as amended by Ordinance No. 005-25, is hereby amended as follows, including
Exhibit A depicted on the attachment to this Ordinance, incorporated herein by this
reference:
2025-2026 Biennial
Budget
Fund No.
Fund Name iType
1Ordinance-018-24
Ordinance -005-25
Adjustment
Ordinance-0xx-25
001
Current Expense Fund
Revenue
$ 38,648,000
$ 48,084,066
$ 48,084,066
Expense
$ 38,648,000
$ 48,084,066
'$ -
$ 48,084,066
002
City Street
Revenue
$ 11,019,400
$ 12,138,763
$ 12,138,763
Expense
$ 11,019,400
$ 12,138,763
$ 12,138,763
003
Stabilization
Revenue
$ 3,285,000
$ 3,365,385
$ 3,365,385
Expense
$ 3,285,000
$ 3,365,385
$ 3,365,385
103
Criminal Justice
Revenue
$ 1,272,300
$ 1,454,126
$ 1,454,126
Expense
$ 1,272,300
$ 1,454,126
$ 1,454,126
104
Special Investigative Unit
Revenue
$ 104,000
$ 106,096
$ 106,096
Expense
$ 104,000
$ 106,096
$ 106,096
107
Community Events
Revenue
$ 479,400
$ 676,784
$ 676,784
Expense
$ 479,400
$ 676,784
$ 676,784
108
Paths & Trails
Revenue
$ 19,000
$ 19,989
$ 19,989
Expense
$ 19,000
$ 19,989
$ 19,989
109
Real Estate Excise Tax
Revenue
$ 9,481,900
$ 9,724,427
$ 9,724,427
Expense
$ 9,481,900
$ 9,724,427
$ 9,724,427
111
Impact Fee
Revenue
$ 17,230,600
$ 17,798,326
$ 17,798,326
Expense
$ 17,230,600
$ 17,798,326
$ 17,798,326
206
Bond Redemption Fund
Revenue
$ 2,997,300
$ 3,010,271
$ 3,010,271
Expense
$ 2,997,300
$ 3,010,271
$ 3,010,271
302
Capital Construction
Revenue
$ 4,942,100
$ 3,510,612
$2,600,000
$ 6,110,612
Expense
$ 4,942,100
$ 3,510,612
$2,600,000
$ 6,110,612
304
Street Capital Projects
Revenue
$ 22,097,500
$ 21,942,392
$ 21,942,392
Expense
$ 22,097,500
$ 21,942,392
$ 21,942,392
411
Water -Operations
Revenue
$ 11,536,700
$ 11,571,162
$ 11,571,162
Expense
$ 11,536,700
$ 11,571,162
$ 11,571,162
412
Water -Stabilization
Revenue
$ 1,150,000
$ 1,171,576
$ 1,171,576
Expense
$ 1,150,000
$ 1,171,576
$ 1,171,576
413
Water -Capital Projects
Revenue
$ 13,359,800
$ 18,940,623
$ 18,940,623
Expense
$ 13,359,800
$ 18,940,623
$ 18,940,623
414
Water- Debt Service
Revenue
$ 3,858,000
$ 3,992,105
$ 3,992,105
Expense
$ 3,858,000
$ 3,992,105
$ 3,992,105
421
Storm Drainage -Operations
Revenue
$ 7,114,700
$ 7,972,943
$ 7,972,943
Expense
$ 7,114,700
$ 7,972,943
$ 7,972,943
422
Storm Drainage -Stabilization
Revenue
$ 665,000
$ 677,048
$ 677,048
Expense
$ 665,000
$ 677,048
$ 677,048
423
Storm Drainage -Capital Projects
Revenue
$ 2,867,500
$ 3,379,892
$ 3,379,892
Expense
$ 2,867,500
$ 3,379,892
$ 3,379,892
424
Storm Drainage -Debt Service
Revenue
$ 665,700
$ 665,700
$ 665,700
Expense
$ 665,700
$ 665,700
$ 665,700
431
Sewer -Operations
Revenue
$ 18,484,500
$ 21,198,883
$ 21,198,883
Expense
$ 18,484,500
$ 21,198,883
$ 21,198,883
432
Sewer -Stabilization
Revenue
$ 1,670,000
$ 1,703,655
$ 1,703,655
Expense
$ 1,670,000
$ 1,703,655
$ 1,703,655
433
Sewer - Capital Projects
Revenue
$ 20,894,800
$ 27,833,846
$ 27,833,846
Expense
$ 20,894,800
$ 27,833,846
$ 27,833,846
434
Sewer - Debt Service
Revenue
$ 3,652,100
$ 3,690,329
$ 3,690,329
Expense
$ 3,652,100
$ 3,690,329
$ 3,690,329
500
ER&R
Revenue
$ 9,644,700
$ 9,417,529
$ 9,417,529
Expense
$ 9,644,700
$ 9,417,529
$ 9,417,529
632
Wastewater Treatment Facility
Revenue
$ 9,300,000
$ 9,928,819
$ 9,928,819
Expense
$ 9,300,000
$ 9,928,819
$ 9,928,819
Grand Total
Revenue
$ 216,440,000
$ 243,975,346
$2,600,000
$ 246,575,346
Grand Total
Expense
$ 216,440,000
$ 243,975,346
$2,600,000
$ 246,575,346
11103661.1 - 366922 - 0001
96
SECTION 2. Salary Schedule. The 2025 Salary Schedule for authorized positions
is set out on Exhibit A hereto and adopted herein by this reference.
SECTION ,i. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity of
constitutionality of any other section, sentence, clause or phrase of this ordinance.
SECTION 4. Corrections. Upon approval of the city attorney, the city clerk and the
codifiers of this ordinance are authorized to make necessary technical corrections to this
ordinance, including, without limitation, the correction of clerical errors; references to
other local, state, or federal laws, codes, rules, or regulations; or section/subsection
numbering.
SECTION .. Publication. This Ordinance shall be published by an approved
summary consisting of the title. A summary of this Ordinance may be published in lieu of
the entire ordinance, as authorized by State Law.
SECTION 6. Effective Date. This ordinance shall be in full force and effect five (5)
days after posting and publication as required by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 9th day of September
2025.
Rob Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
11103661.1 - 366922 - 0001
97
Q9 City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Items: Adoption of an Ordinance Repealing and Replacing Chapter 2.64 of the Port Orchard
Municipal Code, and Amending Sections 15.30.150, 9.30.050, 9.30.080, 9.30.100, 2.76.090, 2.76.100,
2.76.140, 2.82.010, 5.12.110, and 13.04.180, Pertaining to Code Enforcement and Administrative
Appeal Procedures (Archer)
Meeting Date: September 9, 2025
Prepared By: Charli Archer, City Attorney
Presenter: Charli Archer, City Attorney
Summary and Background: City Staff regularly audit the City's codified enforcement tools and
procedures to ensure they are clear, transparent, and effective. As a result of that audit, City Staff have
been working in conjunction with the City Attorney to propose amendments to the POMC pertaining
to code enforcement that would provide additional tools to match those successfully utilized by other
agencies in our region, and to ensure that the due process protections afforded those persons subject
to enforcement actions are clearly stated in the code.
Additionally, the City Attorney has provided briefings during City Council work studies regarding these
efforts, and, in particular, the recommendation from the City's insurer to modify the City's
administrative appeals provisions so that administrative appeals are heard by a third -party Hearing
Examiner, rather than by the City Council in a quasi-judicial proceeding. Adopting a process that shifts
administrative appeals, were available, to the Hearing Examiner, allows the Council to focus on
legislative issues and eliminates the prohibition in state law (the "appearance of fairness doctrine")
that prevents the City Council from engaging with the public on a matter that may be subject to an
administrative appeal heard by the Council. The City currently contracts with attorney Phil Olbrechts
to serve as the City's Hearing Examiner. Mr. Olbrechts is a seasoned municipal and land use attorney,
having practiced law and served as a hearing examiner for over thirty years.
This Ordinance repeals and replaces Chapter 2.64, Code Enforcement Officer, to provide expanded
tools for the code enforcement officer and to clarify the procedures for appealing a violation issued by
the Code Enforcement Officer. At one time, the Code Enforcement Officer was a commissioned
position, with the limited commission issued by the Police Chief. Due to a recent change in law, that
position is no longer commissioned, the use of alternative tools other than a civil infraction would
better enable the Code Enforcement Officer to gain compliance for identified violations.
Additionally, this Ordinance amends language in multiple sections of the POMC to promulgate a
streamlined appeals process wherein the appeals are heard by the Hearing Examiner. The City also
contracts for an Abatement Hearing Officer, who --as the position was intended --hears appeals under
98
the Dangerous and Unfit Dwellings, Buildings and Structures regulations, codified at Chapter 20.212
POMC. Additional amendments are included in this Ordinance to clarify the distinct appellate
authorities of the Hearing Examiner and Abatement Hearing Officer.
Relationship to Comprenhensive Plan: Effective code enforcement tools implicate multiple facets of
the Comprehensive Plan, including Chapter 2, Land Use, Chapter 3, Housing, Chapter 7, Utilities, and
Chapter 4 Parks.
Recommendation: Staff Recommends the City Council Adopt this Ordinance Repealing and Replacing
Chapter 2.64 of the Port Orchard Municipal Code, and Amending Sections 15.30.150, 9.30.050,
9.30.080, 9.30.100, 2.76.090, 2.76.100, 2.76.140, 2.82.010, 5.12.110, and 13.04.180, Modifying the
City's Procedures for Code Enforcement and Administrative Appeals.
Motion for Consideration: I move to adopt an Ordinance repealing and replacing Chapter 2.64 of the
Port Orchard Municipal Code, pertaining to code enforcement, and amending related sections
pertaining to enforcement and appellate procedures.
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: None anticipated, as code enforcement is not a tool utilized for revenue generation, and
this action does not require the retention of additional staff or contract services.
Alternatives: Do not adopt and provide alternative direction.
Attachments:
Ex B - Ord re Code Enforcement - Redlined Code Provisions (11107114.1).docx
Ex. A to Ord re Code Enforcement_CLEAN CLEAN CODE (11106986.1).docx
ORDINANCE - Code Enforcement and Related Appeals Procedures(11107118.1).docx
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Chapter 2.64
CODE ENFORCEMENT PROCEDURES AND OFFICER
Sections:
2.64.010
Code enforcement officer position created — Authority.
2.64.015
Voluntary correction.
2.64.020
Notice of civil infraction.
2.64.025
Notice of civil violation.
2.64.030
Enforcement and Penalties.
2.64.040
Applicability.
2.64.050
Inspections.
2.64.055
Removal of stop work or stop use order — Misdemeanor.
2.64.060
Appeal to the hearing examiner.
2.64.070
Abatement.
2.64.080
Injunction.
2.64.090
Recovery of costs for enforcement.
2.64.100
Interfering with abatement.
2.64.120
Conflicts.
2.64.130
Severability — Construction.
2.64.010 Code enforcement officer position created — Authority.
The position of code enforcement officer is established. The code enforcement officer and any designee
shall be appointed by the city council and shall be designated by council resolution. The code enforcement
officer shall be authorized to administer compliance with the city regulations enumerated in this chapter
and to take reasonable action to bring about compliance with such regulations, including but not limited to
the issuance of notices of civil infraction and civil violations. The code enforcement officer may call upon
the police, community development, public works or other city departments to assist in enforcement.
2.64.015 Voluntary correction.
(1) Applicability. This section applies whenever the code enforcement officer or city attorney determines
that a violation of a regulation has occurred or is occurring.
(2) General. Where, in the judgment of the code enforcement officer, or city attorney, it may be beneficial
in resolving a code violation, they will make a reasonable attempt to secure voluntary correction by
contacting the person responsible for the violation, explaining the violation and requesting correction.
However, pursuing and/or securing voluntary compliance shall not be a condition precedent to code
enforcement action associated with the identified violations, including but not limited to issuance of a civil
infraction or civil violation with associated penalties.
(2) Issuance of Voluntary Correction Agreement. A voluntary correction agreement may be entered into
between the person responsible for the violation and the city, acting through the Mayor or designee.
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(a) Content. The voluntary correction agreement is a contract between the city and the person
responsible for the violation under which such person agrees to abate the violation within a
specified time and according to specified conditions. The voluntary correction agreement shall
include the following:
(i) The name and address of the person responsible for the violation; and
(ii) The street address or a description sufficient for identification of the building, structure,
premises, or land upon or within which the violation has occurred or is occurring; and
(iii). A description of the violation and a reference to the provision(s) of the city ordinance
or regulation which has been violated; and
(iv) The necessary corrective action to be taken, and a date or time by which correction
must be completed; and
(v) An agreement by the person responsible for the violation that the city may abate the
violation and recover its costs and expenses and a monetary penalty pursuant to this chapter
from the person responsible for the violation if terms of the voluntary correction agreement
are not met; and
(vi) An agreement that by entering into the voluntary correction agreement the person
responsible for the violation waives the right to an appeal of the violation and/or the
required corrective action, except that an appeal may be pursued regarding compliance
with any required corrective action to the code compliance hearing examiner; and
(vii) An agreement that the person responsible for the violation consents to an inspection
of the subject property by city staff for purposes of determining and confirming compliance
with the voluntary correction agreement; and
(viii) An administrative fee, in an amount to be determined by the code enforcement officer,
to be paid by the responsible party. The amount of the administrative fee should reflect the
city's administrative costs in monitoring and enforcing the voluntary correction agreement.
(b) Right to a Hearing Waived. The person responsible for the violation waives the right to an
appeal of the violation, if any, and the required corrective action upon entering into a voluntary
correction agreement, except that an appeal may be pursued regarding compliance with any
required corrective action to the code compliance hearing examiner.
(c) Extension — Modification. An extension of the time limit for correction or a modification of the
required corrective action may be granted by the code enforcement officer or city attorney, if the
person responsible for the violation has shown due diligence or substantial progress in correcting
the violation but unforeseen circumstances render correction under the original conditions
unattainable.
(d) Abatement by the City. The city may abate the violation in accordance with this chapter if the
terms of the voluntary correction agreement are not met without further action by a court of
competent jurisdiction, and all costs associated with the abatement shall be the sole responsibility
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of the person responsible and, where applicable, shall constitute a lien on the real property upon
which the violation occurred.
(e) Collection of Costs. If the terms of the voluntary correction agreement are not met the person
responsible for the violation shall be assessed a monetary penalty commencing on the date set for
correction and thereafter, plus all costs and expenses of abatement.
2.64.020 Notice of civil infraction.
(1) The code enforcement officer has authority to issue a notice of civil infraction:
(a) When a violation of the city regulations enumerated in POMC 2.64.030 is observed by the code
enforcement officer; and/or
(b) When the code enforcement officer has reasonable cause to believe that a violation of city
regulations as enumerated in POMC 2.64.030 has occurred.
(2) Each day in which a violation occurs or is allowed to continue shall constitute a separate offense and
may be subject to separate penalties.
(3) A notice of civil infraction may be issued by the code enforcement officer to any responsible person,
firm, corporation or agent. The notice of civil infraction shall contain the information required by RCW
7.80.070 as it now exists or may hereafter be amended.
(4) A notice of civil infraction shall be served upon the person to whom it is directed in person, or by
mailing a copy of the notice to such person at their last known address. Proof of service shall be made by a
written declaration under penalty of perjury by the person serving the notice, declaring the date and time of
service and the manner by which service was made. The notice of civil infraction, along with the
declaration, shall be filed with the city of Port Orchard municipal court.
(5) A Notice of Civil Infraction — Jurisdiction. The city of Port Orchard municipal court shall have
jurisdiction to hear and determine these matters.
2.64.025 Notice of civil violation.
(1) Issuance of a Notice of Civil Violation. If the code enforcement officer determines that a violation
pursuant to this chapter has occurred, the code enforcement officer may issue a notice of violation upon
the owner, tenant or other person responsible for the condition. The notice of violation shall contain the
following information:
(a) The name of the party responsible;
(b) The address or location of the violation;
(c) A separate statement of each standard, code provision or requirement violated;
(d) What corrective action is necessary to comply with the standards, code provisions or
requirements;
(e) A reasonable time for compliance;
(f) A statement that civil penalties will be assessed if compliance does not occur within the
established time frame for compliance;
(g) A statement that, if the violation is not already subject to criminal prosecution, any subsequent
violations may result in criminal prosecution; and
(h) The deadline by which an affected party may file an appeal before the hearing examiner.
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(2) Service. The notice of violation shall be served on the owner, tenant or other person responsible for
the condition by either of the following methods:
(a) U.S. mail addressed to the last -known address of such person, provided when service is
accomplished by mail pursuant, service shall be considered complete on the third day after the
item is postmarked; or
(b) Personal service; or
(c) If after reasonable efforts, the whereabouts of the person cannot be determined and service
cannot be accomplished through certified mail or personal service, by posting the notice of
violation in a conspicuous place at the affected property or structure.
(3) Permitted Service on all impacted tenants. The code enforcement officer may mail, or cause to be
delivered to all residential and/or nonresidential rental units in the structure, a notice which informs each
recipient, tenant, or resident about the notice of violation, stop work order, or emergency order, or any other
notice affecting the use of the property, and the applicable requirements and procedures.
(5) Time to comply.
(a) When calculating a reasonable time for compliance, the code enforcement officer shall consider
the following criteria:
(i) The type and degree of violation cited in the notice;
(ii) The stated intent and associated action, if any, of a responsible party to take steps to
comply;
(iii) The procedural requirements for obtaining a permit to carry out the corrective action;
(iv) The complexity of the corrective action, including seasonal considerations,
construction requirements and the legal prerogatives of landlords and tenants; and
(v) Any other circumstances beyond the control of the responsible party.
(b) Unless an appeal is filed with the city clerk for a hearing before the hearing examiner, the notice
of violation shall become the final order of the code enforcement officer. A copy of the notice may
be filed with the Kitsap County recorder.
(6) Amended Notice. A notice or order may be amended or modified at any time by the service of an
amended notice or order.
(a) A notice or order may be amended or modified in order to:
(i) Correct clerical errors; or
(ii) Cite additional authority for a stated violation; or
(iii) To reflect new information or change in circumstances involving the property or
violation, including but not limited to changing the specific corrective action required or
modifying a corrective action deadline.
(b) An amended Notice of Violation shall not extend or restart the period for filing an appeal with
respect to any violations that were included in the original Notice. However, for any violations that
are newly added in the amended Notice and were not included in the original Notice, the appeal
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period shall commence from the date the amended Notice is issued with respect to those newly
added violations only.
2.64.030 Enforcement and Associated Penalties.
(1) A Civil Infraction. Any person who shall commit any violation of the provisions as set forth in this
chapter shall have committed a civil infraction and, upon finding by the city of Port Orchard municipal
court that such civil infraction has been committed, shall pay all billable court costs, and pay monetary
penalty to the city of Port Orchard, as set forth on the schedule below (subsections below have been
paraphrased as an aid in determining the penalty only and are not intended for any other purpose):
(a) Violation of the public nuisance laws: $250.00;
(b) Violation of the zoning ordinance: $150.00;
(c) Violation of the sign code: $250.00;
(d) Violation of the conditions of approval for land use reclassification as approved by the city
council: $150.00;
(e) Violation of the conditions of approval for special use permits as approved by the city council:
$150.00;
(f) Violation of the conditions of approval for variances as approved by the planning commission:
$150.00;
(g) Violation of the conditions of approval for final plats as approved by the city council: $250.00;
(h) Violation of the stormwater management ordinance: $100.00 to $1,000;
(i) Violation of the shoreline management program: $100.00 to $5,000;
(j) Violation of the critical areas ordinance: $100.00 to $1,000;
(k) Violation of the commercial vehicle parking ordinance: $250.00;
(1) Provided, any violation for which a penalty is not set forth above shall contain a monetary
penalty not to exceed $100.00.
(2) Civil Violation. Violations of the provisions set forth in this chapter may be pursued as a civil violation,
an infraction, or both, at the discretion of the City and as authorized by applicable law. The election of one
type of enforcement action does not preclude the use of any other lawful remedy, including but not limited
to administrative enforcement, civil penalties, injunctive relief, or criminal prosecution where authorized.
Nothing in this section shall be construed to limit the authority of the City pursue alternative or concurrent
remedies for the same or continuing violation, subject to applicable procedural requirements.
(3) Civil Penalties. The code enforcement officer may assess and issue a monetary penalty for failure to
comply with any deadline set forth in a Notice of Violation, a Correction Agreement, or Voluntary
Correction Agreement, and/or as otherwise authorized by state law or city code.
(a) Monetary Penalty. The monetary penalty for each violation per day or portion thereof shall be
as follows:
(i) First day of each violation: $100.00;
(ii) Second day of each violation: $200.00;
(iii) Third day of each violation: $300.00;
(iv) Fourth day of each violation: $400.00;
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(v) Each additional day of each violation beyond four days: $500.00 per day.
(b) Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not
relieve the person to whom the notice of violation was issued of the duty to correct the violation.
(c) Collection of Monetary Penalty.
(i) The monetary penalty constitutes a personal obligation of the person to whom the notice
of violation is directed. Any monetary penalty assessed must be paid to the city within 30
calendar days from the date an invoice for any monetary penalty is served by mail. Service
by mail shall be considered complete on the third day after the item is postmarked.
(ii) The city attorney is authorized to take appropriate action to collect the monetary
penalty.
(iii) Use of Collection Agency. The city, at its discretion, may, pursuant to chapter 19.16
RCW, use a collection agency for the purposes of collecting penalties assessed pursuant to
this chapter. The city shall add a reasonable fee, payable by the person responsible for the
debt, to the outstanding debt for the collection agency fee incurred or to be incurred as a
result of the use of the collection agency. No debt may be assigned to a collection agency
until at least 30 days have elapsed from the time that the city attempts to notify the person
responsible for the debt of the existence of the debt and that the debt may be assigned to a
collection agency for collection if the debt is not paid.
(d) Lien Authority.
(i) Any civil penalty imposed pursuant to this chapter that remains unpaid after the time
for appeal has expired, or after a final administrative or judicial decision has been rendered,
shall constitute a lien against the real property upon which the violation occurred.
(ii) The lien shall attach upon the recordation of a Notice of Lien in the office of the Kitsap
County Recorder or of the county in which the property is located. The Notice shall include
the name of the property owner, the legal description or assessor's parcel number of the
property, the amount of the penalty, and the date of the final determination.
(iii) Once recorded, the lien shall have the force, effect, and priority of a judgment lien in
accordance with RCW 4.56.190 and may be foreclosed in the same manner as a mortgage
or as otherwise provided by law.
(iv) Upon full payment of the civil penalty and any applicable interest and collection costs,
the City shall record a Release of Lien within a reasonable time.
(e) Waiver of penalties. Civil penalties accrued pursuant to this chapter may be waived at the
discretion of the city attorney or code enforcement officer under the following circumstances:
(i) Any notice, order, or penalty was issued in error;
(ii) Additional information or a change in circumstance warranting waiver has been
discovered by or presented to the city;
(iii) As part of negotiated agreement to resolve or remedy the outstanding violation(s);
(iv) As appropriate to resolve or avoid litigation.
(3) Stop Work Order.
(a) In addition to any remedy provided for in this chapter, the code enforcement officer may issue
a stop work or stop use order under the following circumstances:
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(i) Use of or activities on the property are being performed without a valid permit, or in
violation of permit conditions;
(ii) Use of or activities on the property violate the Port Orchard Municipal Code and/or any
adopted standards;
(iii) Use of or activities on the property are being performed under a permit that was issued
based on erroneous information submitted by the applicant;
(iv) Use of or activities on the property have become a hazard to life or property due to
weather or other conditions.
(b) The stop work or stop use order shall identify the property by address or parcel number, specify
the basis for the stop work order by reference to the applicable regulation, code, or permit, and the
contact name and phone number of the appropriate city staff that may be contacted for more
information about the order.
(c) The stop work or stop use order may be issued along with, or incorporated by reference in, a
notice of violation. Notice of the stop work order shall be deemed served upon posting of the notice
conspicuously on the affected property or structure and shall be effective immediately upon service.
The violation of a stop work or stop use order shall constitute a misdemeanor, punishable by
imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine
in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.
(d) A stop work order may not be appealed to the hearing examiner.
(2) Additional Remedies. In addition to any other remedy provided by this chapter, the city may initiate
enforcement, collection, injunction or abatement proceedings or any other appropriate action in the courts
against any person who violates or fails to comply with any provision as set forth in this chapter or to restore
a condition which existed prior to the violation. The violator shall pay the costs of such action including
reasonable attorney fees.
(3) Authority Retained. Nothing in this chapter shall be construed to abridge the authority of other agents
or officers of the city, including but not limited to the city police department, to enforce the provisions of
this code under authority otherwise granted such agents or officers.
2.64.040 Applicability.
The enforcement authority of this chapter shall apply to the following ordinances and regulations of the
city, as now exist or may hereafter be amended, and any code provisions that expressly delegates
enforcement authority to the code enforcement officer or to the procedures set forth in this chapter::
(1) Nuisances: Chapter 9.30 POMC;
(2) Unified Development Code: POMC Title 20;
(3) Subdivisions: POMC Title 20;
(4) Sign code: POMC Title 20;
(5) Stormwater management ordinance: POMC Title 20;
(6) Critical areas ordinance: POMC Title 20;
(7) Shoreline master program;
(8) Commercial vehicle parking ordinance: Chapter 10.13 POMC;
(9) Dangerous and Unfit Dwellings, Buildings and Structures: Chapter 20.212 POMC;
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(10)Business Licenses Generally, Chapter 5.12 POMC;
(11) Fire Hydrant Installation, chapter 15.28 POMC;
(12) Illicit Discharge, chapter 15.30 POMC
(13) City Construction Code, chapter 20.200 POMC;
(14) Street Use Permits, chapter 12.24 POMC;
(15) Control of Facts, Oils and Grease, chapter 13.05 POMC; and
(16) Cross -Connection Control, chapter 13.07 POMC.
Enforcement of violations under this chapter is concurrent with, and not exclusive of, enforcement authority
provided under any other provision of this code. The city may pursue enforcement and/or remedies under
this chapter independently or in conjunction with remedies or procedures authorized under other chapters,
ordinances, or laws.
2.64.045 Compliance Agreement Required for After -the -Fact Permits.
(1) When any person or entity is issued a Notice of Violation, Civil Infraction, or assessed penalties for
work that required a permit or city approval without having first obtained the required authorization and
that person or entity seeks to legalize such work through an after -the -fact permit application, the following
process for bringing unauthorized work into compliance with applicable city regulations shall apply.
(2) Compliance Agreement Required. As a condition of processing an after -the -fact permit application, the
responsible party shall enter into a Compliance Agreement with the City.
The Compliance Agreement shall, at a minimum:
(a) Identify the code violations to be addressed;
(b) Describe the corrective measures necessary to bring the work into full compliance with city
codes, standards, and conditions of approval;
(c) Establish a timeline for completion of each corrective measure;
(d) Include enforcement provisions, including penalties for noncompliance, and
(e) Require payment of any applicable penalties, fees, or costs incurred by the City as a result of
the violation, but may (at the City's sole discretion where adequate safeguards are provided)
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stay the enforcement of penalties, fees, and costs, pending successful remediation of the
noncompliant conditions.
(f) State that by pursuing an after -the -fact permit to remediate the violations, the person(s)
responsible waive all rights to seek an administrative appeal of the code enforcement action
where an administrative appeal is available.
(3) Agreement Approval. The Compliance Agreement shall be subject to approval by the Director of
Community Development or Director of Public Works, or their designee.
(4) Enforcement.
Failure to comply with the terms of the Compliance Agreement shall constitute a separate violation of this
code.
In the event of noncompliance, the City may:
(a) Revoke any issued permits; or
(b) Proceed with enforcement actions, including but not limited to the assessment of penalties; or
(c) Seek removal of the violating work; and/or
(d) Recover costs, penalties, and legal fees incurred in enforcement.
2.64.050 Inspections.
The code enforcement officer or the code enforcement officer's designee shall inspect properties as
necessary to determine whether the permittee has complied with conditions of the respective permits and,
whenever there is reasonable cause to believe that a permittee is in violation of the provisions as set forth
in this chapter, may enter upon such premises at all reasonable times to inspect the same or to perform any
other duty allowed by the code enforcement officer or by this code. The code enforcement officer or
designee shall present proper credentials to the owner or other person in charge of the premises before
requesting entry. If such entry is refused or if the owner or tenant or person in charge of the premises cannot
be located, the code enforcement officer or designee shall have recourse to every remedy provided by law
to secure entry, including, but not limited to, application for a search warrant. In making such application,
the code enforcement officer or designee shall be assisted by the police department.
2.64.055 Removal of stop work or stop use order — Misdemeanor.
The removal of a stop work order or stop use order posted in conformity with the requirements of this
chapter without the authorization of the code enforcement officer or hearing examiner shall constitute a
separate violation for which civil penalties may be assessed per POMC 2.64.030, and shall constitute a
misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than
90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment
and fine.
2.64.060 Appeal to the hearing examiner.
(1) Standing and Filing Procedures. Any person subject to a notice of violation issued by the code
enforcement officer pursuant to this chapter may appeal the notice by filing such appeal with the city clerk
within ten (10) calendar days following service of the notice, along with a filing fee in an amount set by
resolution of the City Council. When the last day of the period so computed is a Saturday, Sunday or a
federal or city holiday, the period shall run until 5:00 p.m. on the next business day. The request shall be in
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writing, and upon receipt of the appeal request, city staff shall forward the request to the office of the
hearing examiner. The filing of such an appeal shall not alter the time for compliance unless modified by
the hearing examiner. If an appeal is not filed within 10 calendar days after the notice of violation is served,
the violation shall be deemed committed and monetary penalties shall be assessed pursuant to the deadlines
set forth in the notice of violation and subject to the collection and enforcement procedures as detailed in
this chapter.
(a) If the notice of violation is not appealed, any concurrent or subsequent penalty assessments
related to continued or uncorrected violations shall not be subject to appeal, but may be eligible for
mitigation as provided in this chapter.
(b) The timely filing of an appeal shall not stay the effective date of the notice of violation and
required remediation unless the Hearing Examiner so orders.
(2) Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee as set by resolutino,
and contain the following information:
(a) Appellant's name, address, email address, and phone number;
(b) Appellant's statement describing the appellant's standing to appeal;
(c) Identification of the application and/or notice which is the subject of the appeal;
(d) Appellant's statement of grounds for appeal and the facts upon which the appeal is based. The
statement of grounds for appeal must include issues the appellant is requesting to be heard in
the appeal hearing. Additional issues not expressly stated in the appeal documents shall not be
considered by the Hearing Examiner. Additional information on each of the stated appeal issues
may be submitted at any time up to and during the appeal hearing;
(e) The relief sought, including the specific nature and extent;
(f) A statement that the appellant has read the appeal and believes the contents to be true, followed
by the appellant's signature.
(g) The Director shall reject any appeal that fails to meet the filing and submittal requirements of
this section. The appeal fee shall be refunded in the event the Director rejects the appeal or in
the event that the appellant files a statement with the City Clerk withdrawing the appeal at least
fifteen (15) calendar days before the scheduled hearing. In all other cases, the appeal fee shall
be nonrefundable.
(3) Where feasible, the hearing examiner will schedule a hearing within ninety (90) days of the receipt of
the notice of appeal. The hearing examiner shall provide at least ten days' notice to the applicant and code
enforcement officer of the pending hearing.
(4) Procedure. The hearing examiner may conduct a hearing on the violation pursuant to any procedural
rules or orders duly issued by the examiner where requested by the parties or appropriate in the hearing
examiner's discretion. The applicable city staff, including but not limited to the code enforcement officer
or designee, and the person to whom the notice of violation was directed may participate as parties in the
hearing and each party may call witnesses. The determination of the applicable code enforcement officer
and/or staff as to the need for the required corrective action shall be accorded substantial weight by the
hearing examiner in determining the reasonableness of the required corrective action; however, where a
person has previously been found to have committed the same violation, issuance of a notice of violation
alleging the same offense shall constitute prima facie evidence of the new violation and create a rebuttable
presumption of having committed the new violation. In addition, other chapters of the code may allow a
rebuttable presumption in favor of the city in specific circumstances.
(5) Decision of the Hearing Examiner.
(a) The hearing examiner shall determine whether the city has established by a preponderance of
the evidence that a violation has occurred and that the required correction is reasonable and shall
affirm, vacate, or modify the city's decisions regarding the alleged violation and/or the required
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corrective action, with or without written conditions.
(b) Where corrective action is required, the court shall give substantial weight to the city's
determination regarding the nature of any such action required, and whether such action has been
satisfactorily performed.
(c) If the hearing examiner determines that the violation has occurred, where requested by the city,
monetary penalties will be assessed against the responsible party. The hearing examiner has
authority to determine whether the accrual of monetary penalties shall begin: (i) on the date the
notice of violation was issued, (ii) following any correction deadline ordered or affirmed by the
hearing examiner, in the event the corrective action is not completed, or (iii) any other date as
determined to be reasonable under the circumstances.
(d) The hearing examiner shall issue an order to the person responsible for the violation which
contains the following information:
(i) The decision regarding the alleged violation including findings of fact and conclusions
based thereon in support of the decision;
(ii) The required corrective action;
(iii) The date and time by which the correction must be completed;
(iv) The imposition of monetary penalties and the hearing examiner's decision, if any, with
regard to when such penalties will or have begun to accrue;
(v) The date and time after which the city may proceed with abatement of the unlawful
condition if the required correction is not completed.
(e) Notice of Decision. The hearing examiner shall mail a copy of the order to the appellant, the
city attorney, and to the applicable staff within 15 business days of the hearing.
(f) The decision of the Hearing Examiner is final and not subject to further administrative appeal.
(6) A person who does not contest the notice of violation but seeks a reduction of a civil penalty may submit
a written request for a mitigation hearing to the City Clerk within ten (10) calendar days of the date of
service of the assessment of penalties.
(a) The request for mitigation shall include:
(i) The name and contact information of the person requesting mitigation;
(ii) The notice of violation number;
(iii) A statement explaining the basis for the mitigation request (e.g., financial hardship,
good faith effort to comply, correction completed, etc.).
(b) Upon receipt of a timely request, the City shall schedule a mitigation hearing before the hearing
examiner, to be held within a reasonable time. Notice of the hearing date, time, and location shall
be provided to the requesting party at least 10 calendar days in advance of the hearing.
(c) The hearing examiner shall consider only whether the amount or terms of the civil penalty
should be reduced or modified for good cause shown. The underlying violation(s) may not be
contested at a mitigation hearing. The hearing examiner may consider relevant factors in
determining good cause, including, but not limited to:
(i) Whether the violation was promptly corrected;
(ii) Whether the violation was committed in good faith;
(iii) The financial circumstances of the responsible party;
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(iv) Any prior history of code violations;
(v) Impact of the violation on the community or environment.
(d) At the conclusion of the hearing, the hearing examiner may:
(i) Confirm the original penalty;
(ii) Reduce the penalty;
(iii) Establish a payment plan; or
(iv) Modify other terms related to the penalty.
(e) The decision of the hearing examiner is final and not subject to further administrative appeal.
(7) Failure to Appear. If the person to whom the notice of violation was issued fails to appear at the
scheduled hearing, the hearing examiner may enter an order finding that the violation occurred and
assessing the appropriate monetary penalty. The city will carry out the hearing examiner's order and recover
all related expenses, plus the cost of the hearing and any monetary penalty from that person.
(8) Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve the
person responsible for the violation of the duty to correct the violation.
(9) Appeal to Superior Court — Land Use Decision. Judicial review of a land use decision, as defined in
RCW 36.70C.020, made by the hearing examiner must be made pursuant to the provisions of the Land Use
Petition Act, chapter 36.70C RCW.
2.64.070 Abatement.
(1) Initiation. The city may initiate an abatement action to abate a violation and/or any condition caused by
a violation when:
1. A responsible party fails to complete any required corrective action by the deadline provided in
a notice of violation;
2. The terms of a voluntary correction agreement have not been met;
3. Pursuant to any order by the hearing examiner; or
4. At any time when, in the discretion of the code enforcement officer, abatement will be an
effective means to obtain compliance.
(2) Procedure. Except for circumstances addressed in subsection (3) of this section, an abatement action
shall be commenced by filing a complaint for a warrant of abatement with the Kitsap County superior court.
(3) Summary Abatement. Whenever a violation of a regulation causes a condition that poses an immediate
or imminent threat to the safety of persons, property, or significant environmental damage, the city shall,
upon the advice of the city attorney, take emergency action to abate the condition without requiring prior
notice to public or private persons whose property may be affected by the city's actions. Such emergency
action may involve entry onto private property. However, notice of abatement action, including the reason
for it, shall be given to the person responsible for the violation, as well as any other party requesting such
information, as soon as reasonably possible after the condition creating the emergency has been abated.
(4) Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the city
or its officials in accordance with this code and the laws of the state of Washington, including but not
limited to the abatement of unfit dwellings pursuant to chapter 20.212 POMC and Chapter 35.80 RCW.
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2.64.080 Injunction.
In addition to, or in lieu of, any other enforcement action, the city may seek an injunction to prohibit the
use of any building, structure, vehicle, personal property, or real property, or any portion(s) thereof, that
constitutes a violation of any regulation which is enforced by this chapter, including but not limited to the
regulations outlined in POMC 2.64.040.
2.64.090 Recovery of costs for enforcement.
(1) All costs incurred by the city, including incidental expenses, for correcting the violation shall be billed
to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control,
use, and/or occupy the property; owners and tenants shall be jointly and severally liable, except where
prohibited by law.
(2) Costs of abatement shall become due and payable to the city within 30 calendar days from the date
abatement begins. The city attorney may, at their discretion, allow a payment schedule or negotiate a
reduced settlement when such a settlement is in the best interests of justice or the city's budgetary needs.
(3) The city may request, and the court may require, that the costs of abatement be ordered as restitution in
any legal proceeding resulting from a notice of violation being issued against a person.
(4) Recoverable "incidental expenses" shall include, but not be limited to, personnel costs, both direct and
indirect, including attorney's fees; costs incurred in documenting the violation; hauling, storage, and
disposal expenses; and actual expenses and costs of the city in preparing notices, specifications, and
contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required
printing and mailing.
(5) Should the responsible party fail to pay costs under this section, the city may, after abating a nuisance,
file for record with the Pierce County auditor to claim a lien against the real property for the civil penalties,
fees, and costs assessed that are reasonably related to the real property in accordance with any lien
provisions authorized by state law.
(6) Any lien filed shall be subject to priority pursuant to state law, including but not limited to RCW
35A.21.405, as now adopted or hereafter amended. Any such claim of lien may be amended from time to
time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided
for by state law.
2.64.100 Interfering with abatement.
The following acts shall constitute a misdemeanor punishable by imprisonment in jail for a maximum term
fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than
$1,000, or by both such imprisonment and fine:
(1) Intentionally obstructing, impeding, or interfering with the city or its agents who are lawfully engaged
in abating a violation. Agents of the city shall include any person who holds an interest in the property at
issue, when that person is lawfully engaged in abating a violation.
(2) Removing or defacing any sign, notice, complaint or order required by or posted in accordance with this
chapter.
(3) Expressly or implicitly giving the impression of being the code enforcement officer or an inspector for
the city of Sumner without holding such valid or legal credentials as may be appropriate for such duties.
2.64.110 Additional enforcement procedures.
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The provisions of this chapter are not exclusive and may be used in addition to other enforcement provisions
authorized by the Port Orchard Municipal Code except as precluded by law.
2.64.120 Conflicts.
In the event of a conflict between this chapter and any other provision of the Port Orchard Municipal Code
or city ordinance providing for a civil penalty, this chapter shall control.
2.64.130 Severability — Construction.
A. If a section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared unconstitutional
or invalid for any reason by any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this chapter.
B. If the provisions of this chapter are found to be inconsistent with other provisions of the Port Orchard
Municipal Code, this chapter is deemed to control.
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Chapter 15.30
ILLICIT DISCHARGE PREVENTION, DETECTION AND ELIMINATION
15.30.150 Appeals.
(1) The director's notice and order, revocation of a permit, or assessment of costs of abatement may be
appealed to the hearing examiner by persons to whom the notice and order, revocation of a permit, or
assessment of costs of abatement is issued. An appeal shall be considered timely if, but only if, it is filed in
writing with the director within 10 working days of service, and the appeal fee adopted by the city council
is paid in full. In addition to the appeal fee, if the director determines that the services of an independent
consultant are reasonably necessary in adjudicating the appeal, the appellant shall make an initial cash
deposit to pay for an independent review as the same may be reasonably required by the director. The initial
deposit, which is only an estimate of the consultant's costs, shall be paid in advance of the hearing. If it is
determined during any point in the appeal process that the initial deposit is insufficient to cover all
reasonable consultant's costs, the appellant shall be required to make an additional deposit in an amount
sufficient to cover the same. Any portion of the deposit that is not used to cover all reasonable consultant's
costs shall be refunded to the appellant. The amount of the deposit shall be at least $500.00 but not more
than $1,500, and it shall be determined by the director based upon a good faith estimate of permissible
costs. The appellant shall be given equal access to any report prepared by the consultant.
(2) The director shall accept appeals that meet the requirements of this section and shall schedule such
appeals for consideration by the hearing examiner. The hearing shall be scheduled within 90 days after the
appeal is accepted. The director shall reject any appeal that fails to meet the filing and submittal
requirements of this section. The appeal fee shall be refunded in the event the director rejects the appeal or
in the event that the appellant files a statement with the director withdrawing the appeal at least 15 calendar
days before the scheduled hearing. In all other cases, the appeal fee shall be nonrefundable.
(3) The written appeal shall contain all of the following information and attachments:
(a) A copy of the notice and order, revocation of a permit, or assessment of costs of abatement
being appealed;
(b) The name of the property owner and, if applicable, the owner's agent;
(c) The name and signature of each appellant and a statement showing that each is entitled to file
the appeal under subsection (1) of this section; and
(d) A statement of appeal identifying each issue in the notice and order or assessment of costs of
abatement that the appellant wishes to appeal, the reasons why each issue is in error as a matter of
fact and/or law, and evidence relied upon.
(4) The hearing examiner shall hear the appeal in an open record hearing. At least 10 business days before
the hearing, notice of the same shall be mailed to parties who are entitled to notice of the decision. The
notice of hearing does not need to be posted or published. The appeal shall be limited to those issues raised
in subsection (3)(d) of this section, and shall occur as set forth herein and in accordance with the hearing
examiner's adopted procedures.
(5) At least 10 business days before the hearing, the director and appellant shall each submit, as part of the
record, separate reports to the hearing examiner containing a statement of the issues and applicable laws,
discussion and analysis, proposed findings of fact and conclusions of law, and copies of any pertinent
document referenced therein. The burden shall be on the city to support the order of the director by a
preponderance of the evidence. Reports, if any, prepared by the independent consultant referenced in
subsection (1) of this section shall be part of the record. The hearing examiner shall decide as follows, based
upon the record made during the course of the public hearing:
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(a) Uphold the order, revocation, or assessment of costs of abatement of the director in its entirety;
or
(b) Uphold the order, revocation, or assessment of costs of abatement of the director in part and
reverse the order, revocation, or assessment of costs of abatement in part; or
(c) Reverse the order, revocation, or assessment of costs of abatement of the director in its entirety.
(6) The hearing examiner shall issue a final decision on the appeal supported by written findings and
conclusions within 10 business days of the hearing. The decision shall also include venue information and
limitations on filing judicial appeal(s) of the decision. The director shall serve a copy of the final decision
to the appellant and other parties of record. Service shall be in the same manner as set forth in POMC
15.30.140(3)(b).
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Chapter 9.30
NUISANCES
9.30.050 Enforcement — Notice.
Any enforcement officer, having knowledge of any public nuisance, shall cause any owner or other
responsible person to be notified of the existence of a public nuisance on any premises and shall direct the
owner or other responsible person to abate the condition within 10 days after notice. The notice shall be
substantially in the following form and may be combined with a notice of violation issued pursuant to
Chapter 2.64 POMC:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
TO
(name and address of person notified)
As owner, agent, lessee or other person occupying or having charge or control of the building, lot or
premises at you are hereby notified that the undersigned pursuant to Ordinance of the City
of Port Orchard has determined that there exists upon or adjoining said premises the following condition
contrary to the provisions of subsection of City Ordinance
You are hereby notified to abate said condition to the satisfaction of the undersigned within ten (10) days
of the date of this notice. If you do not abate such condition within ten (10) days, the City may abate the
condition at your expense. In addition, the City may begin issuing citations pursuant to subsection of
Ordinance No.
Abatement is to be accomplished in the following manner:
You may appeal this Notice to Abate decision by filing a written notice of appeal with the City Clerk for a
hearing before the Hearing Examiner of the City of Port Orchard within ten (10) days after the date of this
notice.
Dated
***
9.30.080 Appeal.
Any person who has received a notice to abate a condition as determined by the code enforcement officer
under POMC 9.30.050 may appeal said determination by filing written notice of appeal with the city clerk
for a hearing before the HearingExaminer. The notice of appeal must be received by the city clerk within
10 days after the date of said notice to abate. The notice shall meet the notice of appeal requirements of
Chapter 2.64 POMC. The notice shall be reviewed, the hearing held, and the decision issued in accordance
with the provisions of Chapter 2.64 POMC, except that such hearings shall be open record. (Ord. 055-19 §
2; Ord. 014-19 § 1; Ord. 1724 § 15, 1998).
***
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9.30.100 Additional remedies.
(1) Civil Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of,
or failure to comply with, any provision of this chapter or any lawful order issued hereunder shall constitute
a civil infraction and a civil violation, subject to the penalties as specified in Chapter 2.64 POMC.
(2) Criminal Penalty. In addition or alternative to any other penalty provided herein or by law, any violation
of, or failure to comply with, any provision of this chapter or any lawful order issued hereunder shall
constitute a misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment for not more
than 90 days, or by both such fine and imprisonment.
(3) Each day in which a violation occurs or is allowed to continue shall constitute a separate offense and
may be subject to separate penalties. (Ord. 014-19 § 1; Ord. 1724 § 15, 1998).
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Chapter 2.76
HEARING EXAMINER
2.76.090 Burden of proof.
Except as otherwise provided in this code, the applicant has the burden of proof to establish, by a
preponderance of the evidence, that the project or matter under consideration is consistent with applicable
law and serves the interests of the community.
2.76.100 Notice of hearing — Staff report — Hearing.
(3) Hearing. Except as otherwise provided in this code, before issuing a recommendation, the examiner
shall hold one open record predecision hearing. Before issuing a decision, the examiner shall hold one open
record public hearing thereon. The public hearing shall be conducted in accordance with such rules as the
examiner may adopt pursuant to POMC 2.76.070.
2.76.140 Appeal from examiner's decision.
(1) Jurisdiction. Except as otherwise provided in this code, all appeals of a decision of the examiner will be
to the city council.
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Chapter 2.82
ABATEMENT HEARING OFFICER
2.82.010 Definition.
"Abatement hearing officer" and "hearing officer" shall mean the person appointed by the city of Port
Orchard to hear appeals of dangerous or unfit building pursuant to Chapter 20.212 POMC. Unless the
context requires otherwise, the terms "abatement hearing officer" and "hearing officer" shall include
"hearing officer pro tem." The city of Port Orchard "hearing officer" is not the city of Port Orchard "hearing
examiner", as those terms are utilized in this code.
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Chapter 5.12
BUSINESS LICENSES
5.12.110 License approval or denial.
The city license officer shall approve business licenses for all persons who submit an application in
accordance with the process described in POMC 5.12.080 and are qualified under the requirements of this
chapter and shall:
(1) Submit all applications to the planning department, fire authority, city clerk's department and police
department for their endorsements as to compliance by applicant with all city regulations which they have
the duty of enforcing.
(2) A business license shall only be issued if none of the conditions listed in POMC 5.12.120(1)(a)
through (f) exist or apply to the license applicant or premises proposed to be licensed.
(3) The city license officer shall notify the applicant in writing by mail, return receipt requested, of the
denial of the application and the grounds therefor. Within 10 calendar days after the city license officer's
decision, the applicant may request an appeal and hearing before the hearing examiner by filing a written
notice of appeal and paying the appeal fee as set by resolution of the City Council. The written notice
shall included the following:
(a) Appellant's name, address, email address, and phone number;
(b) Appellant's statement describing the appellant's standing to appeal;
(c) Identification of the application and/or notice which is the subject of the appeal;
(d) Appellant's statement of grounds for appeal and the facts upon which the appeal is based. The
statement of grounds for appeal must include issues the appellant is requesting to be heard in
the appeal hearing. Additional issues not expressly stated in the appeal documents shall not be
considered by the hearing examiner. Additional information on each of the stated appeal issues
may be submitted at any time up to and during the appeal hearing;
(e) The relief sought, including the specific nature and extent;
(f) A statement that the appellant has read the appeal and believes the contents to be true, followed
by the appellant's signature.
(g) The Finance Director shall reject any appeal that fails to meet the filing and submittal
requirements of this section. The appeal fee shall be refunded in the event the Director rejects
the appeal or in the event that the appellant files a statement with the City Clerk withdrawing
the appeal at least fifteen (15) calendar days before the scheduled hearing. In all other cases,
the appeal fee shall be nonrefundable.
The city licensing officer shall notify the applicant by mail, return receipt requested, of the time and place
of the hearing. If request for hearing is not received within the time specified, the license officer's
decision shall be final.
(4) The hearing examiner shall hear all appeals made pursuant to this section within ninety (90) days of
the filing of the written appeal, and shall affirm, vacate, or modify the city's decisions. The appellant shall
bear the burden to prove by a preponderance of evidence that good cause exists to alter the decision of the
city licensing officer, provided good cause shall be defined as evidence that the denial was based on an
error in fact, law, or application of the code, or demonstrated correction of the violations or deficiencies
that formed the basis of the denial. The appeal fee shall be refundable only if the hearing examiner finds
in favor of the applicant.
(5) If an application for a business license is denied and the applicant has filed a timely appeal of such
denial, the applicant may continue to conduct business during the pendency of the appeal.
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Chapter 13.04
WATER AND SEWERS
13.04.180 Appeals.
The person may appeal the penalty to the hearing examiner; provided, that the appeal is made in writing
and filed with the city clerk within 10 calendar days from the date of notice imposing the penalty. The
failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the
matter. (Ord. 1897 § 20, 2003).
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Code Provisions (Clean)
Chapter 2.64
CODE ENFORCEMENT PROCEDURES AND OFFICER
Sections:
2.64.010
Code enforcement officer position created — Authority.
2.64.015
Voluntary correction.
2.64.020
Notice of civil infraction.
2.64.025
Notice of civil violation.
2.64.030
Enforcement and Penalties.
2.64.040
Applicability.
2.64.050
Inspections.
2.64.055
Removal of stop work or stop use order — Misdemeanor.
2.64.060
Appeal to the hearing examiner.
2.64.070
Abatement.
2.64.080
Injunction.
2.64.090
Recovery of costs for enforcement.
2.64.100
Interfering with abatement.
2.64.120
Conflicts.
2.64.130
Severability — Construction.
2.64.010 Code enforcement officer position created — Authority.
Page 1/23
The position of code enforcement officer is established. The code enforcement officer and any designee
shall be appointed by the city council and shall be designated by council resolution. The code enforcement
officer shall be authorized to administer compliance with the city regulations enumerated in this chapter
and to take reasonable action to bring about compliance with such regulations, including but not limited to
the issuance of notices of civil infraction and civil violations. The code enforcement officer may call upon
the police, community development, public works or other city departments to assist in enforcement.
2.64.015 Voluntary correction.
(1) Applicability. This section applies whenever the code enforcement officer or city attorney determines
that a violation of a regulation has occurred or is occurring.
(2) General. Where, in the judgment of the code enforcement officer, or city attorney, it may be beneficial
in resolving a code violation, they will make a reasonable attempt to secure voluntary correction by
contacting the person responsible for the violation, explaining the violation and requesting correction.
However, pursuing and/or securing voluntary compliance shall not be a condition precedent to code
enforcement action associated with the identified violations, including but not limited to issuance of a civil
infraction or civil violation with associated penalties.
(2) Issuance of Voluntary Correction Agreement. A voluntary correction agreement may be entered into
between the person responsible for the violation and the city, acting through the Mayor or designee.
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(a) Content. The voluntary correction agreement is a contract between the city and the person
responsible for the violation under which such person agrees to abate the violation within a
specified time and according to specified conditions. The voluntary correction agreement shall
include the following:
(i) The name and address of the person responsible for the violation; and
(ii) The street address or a description sufficient for identification of the building, structure,
premises, or land upon or within which the violation has occurred or is occurring; and
(iii). A description of the violation and a reference to the provision(s) of the city ordinance
or regulation which has been violated; and
(iv) The necessary corrective action to be taken, and a date or time by which correction
must be completed; and
(v) An agreement by the person responsible for the violation that the city may abate the
violation and recover its costs and expenses and a monetary penalty pursuant to this chapter
from the person responsible for the violation if terms of the voluntary correction agreement
are not met; and
(vi) An agreement that by entering into the voluntary correction agreement the person
responsible for the violation waives the right to an appeal of the violation and/or the
required corrective action, except that an appeal may be pursued regarding compliance
with any required corrective action to the code compliance hearing examiner; and
(vii) An agreement that the person responsible for the violation consents to an inspection
of the subject property by city staff for purposes of determining and confirming compliance
with the voluntary correction agreement; and
(viii) An administrative fee, in an amount to be determined by the code enforcement officer,
to be paid by the responsible party. The amount of the administrative fee should reflect the
city's administrative costs in monitoring and enforcing the voluntary correction agreement.
(b) Right to a Hearing Waived. The person responsible for the violation waives the right to an
appeal of the violation, if any, and the required corrective action upon entering into a voluntary
correction agreement, except that an appeal may be pursued regarding compliance with any
required corrective action to the code compliance hearing examiner.
(c) Extension — Modification. An extension of the time limit for correction or a modification of the
required corrective action may be granted by the code enforcement officer or city attorney, if the
person responsible for the violation has shown due diligence or substantial progress in correcting
the violation but unforeseen circumstances render correction under the original conditions
unattainable.
(d) Abatement by the City. The city may abate the violation in accordance with this chapter if the
terms of the voluntary correction agreement are not met without further action by a court of
competent jurisdiction, and all costs associated with the abatement shall be the sole responsibility
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of the person responsible and, where applicable, shall constitute a lien on the real property upon
which the violation occurred.
(e) Collection of Costs. If the terms of the voluntary correction agreement are not met the person
responsible for the violation shall be assessed a monetary penalty commencing on the date set for
correction and thereafter, plus all costs and expenses of abatement.
2.64.020 Notice of civil infraction.
(1) The code enforcement officer has authority to issue a notice of civil infraction:
(a) When a violation of the city regulations enumerated in POMC 2.64.030 is observed by the code
enforcement officer; and/or
(b) When the code enforcement officer has reasonable cause to believe that a violation of city
regulations as enumerated in POMC 2.64.030 has occurred.
(2) Each day in which a violation occurs or is allowed to continue shall constitute a separate offense and
may be subject to separate penalties.
(3) A notice of civil infraction may be issued by the code enforcement officer to any responsible person,
firm, corporation or agent. The notice of civil infraction shall contain the information required by RCW
7.80.070 as it now exists or may hereafter be amended.
(4) A notice of civil infraction shall be served upon the person to whom it is directed in person, or by
mailing a copy of the notice to such person at their last known address. Proof of service shall be made by a
written declaration under penalty of perjury by the person serving the notice, declaring the date and time of
service and the manner by which service was made. The notice of civil infraction, along with the
declaration, shall be filed with the city of Port Orchard municipal court.
(5) A Notice of Civil Infraction — Jurisdiction. The city of Port Orchard municipal court shall have
jurisdiction to hear and determine these matters.
2.64.025 Notice of civil violation.
(1) Issuance of a Notice of Civil Violation. If the code enforcement officer determines that a violation
pursuant to this chapter has occurred, the code enforcement officer may issue a notice of violation upon
the owner, tenant or other person responsible for the condition. The notice of violation shall contain the
following information:
(a) The name of the party responsible;
(b) The address or location of the violation;
(c) A separate statement of each standard, code provision or requirement violated;
(d) What corrective action is necessary to comply with the standards, code provisions or
requirements;
(e) A reasonable time for compliance;
(f) A statement that civil penalties will be assessed if compliance does not occur within the
established time frame for compliance;
(g) A statement that, if the violation is not already subject to criminal prosecution, any subsequent
violations may result in criminal prosecution; and
(h) The deadline by which an affected party may file an appeal before the hearing examiner.
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(2) Service. The notice of violation shall be served on the owner, tenant or other person responsible for
the condition by either of the following methods:
(a) U.S. mail addressed to the last -known address of such person, provided when service is
accomplished by mail pursuant, service shall be considered complete on the third day after the
item is postmarked; or
(b) Personal service; or
(c) If after reasonable efforts, the whereabouts of the person cannot be determined and service
cannot be accomplished through certified mail or personal service, by posting the notice of
violation in a conspicuous place at the affected property or structure.
(3) Permitted Service on all impacted tenants. The code enforcement officer may mail, or cause to be
delivered to all residential and/or nonresidential rental units in the structure, a notice which informs each
recipient, tenant, or resident about the notice of violation, stop work order, or emergency order, or any other
notice affecting the use of the property, and the applicable requirements and procedures.
(5) Time to comply.
(a) When calculating a reasonable time for compliance, the code enforcement officer shall consider
the following criteria:
(i) The type and degree of violation cited in the notice;
(ii) The stated intent and associated action, if any, of a responsible party to take steps to
comply;
(iii) The procedural requirements for obtaining a permit to carry out the corrective action;
(iv) The complexity of the corrective action, including seasonal considerations,
construction requirements and the legal prerogatives of landlords and tenants; and
(v) Any other circumstances beyond the control of the responsible party.
(b) Unless an appeal is filed with the city clerk for a hearing before the hearing examiner, the notice
of violation shall become the final order of the code enforcement officer. A copy of the notice may
be filed with the Kitsap County recorder.
(6) Amended Notice. A notice or order may be amended or modified at any time by the service of an
amended notice or order.
(a) A notice or order may be amended or modified in order to:
(i) Correct clerical errors; or
(ii) Cite additional authority for a stated violation; or
(iii) To reflect new information or change in circumstances involving the property or
violation, including but not limited to changing the specific corrective action required or
modifying a corrective action deadline.
(b) An amended Notice of Violation shall not extend or restart the period for filing an appeal with
respect to any violations that were included in the original Notice. However, for any violations that
are newly added in the amended Notice and were not included in the original Notice, the appeal
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period shall commence from the date the amended Notice is issued with respect to those newly
added violations only.
2.64.030 Enforcement and Associated Penalties.
(1) A Civil Infraction. Any person who shall commit any violation of the provisions as set forth in this
chapter shall have committed a civil infraction and, upon finding by the city of Port Orchard municipal
court that such civil infraction has been committed, shall pay all billable court costs, and pay monetary
penalty to the city of Port Orchard, as set forth on the schedule below (subsections below have been
paraphrased as an aid in determining the penalty only and are not intended for any other purpose):
(a) Violation of the public nuisance laws: $250.00;
(b) Violation of the zoning ordinance: $150.00;
(c) Violation of the sign code: $250.00;
(d) Violation of the conditions of approval for land use reclassification as approved by the city
council: $150.00;
(e) Violation of the conditions of approval for special use permits as approved by the city council:
$150.00;
(f) Violation of the conditions of approval for variances as approved by the planning commission:
$150.00;
(g) Violation of the conditions of approval for final plats as approved by the city council: $250.00;
(h) Violation of the stormwater management ordinance: $100.00 to $1,000;
(i) Violation of the shoreline management program: $100.00 to $5,000;
(j) Violation of the critical areas ordinance: $100.00 to $1,000;
(k) Violation of the commercial vehicle parking ordinance: $250.00;
(1) Provided, any violation for which a penalty is not set forth above shall contain a monetary
penalty not to exceed $100.00.
(2) Civil Violation. Violations of the provisions set forth in this chapter may be pursued as a civil violation,
an infraction, or both, at the discretion of the City and as authorized by applicable law. The election of one
type of enforcement action does not preclude the use of any other lawful remedy, including but not limited
to administrative enforcement, civil penalties, injunctive relief, or criminal prosecution where authorized.
Nothing in this section shall be construed to limit the authority of the City pursue alternative or concurrent
remedies for the same or continuing violation, subject to applicable procedural requirements.
(3) Civil Penalties. The code enforcement officer may assess and issue a monetary penalty for failure to
comply with any deadline set forth in a Notice of Violation, a Correction Agreement, or Voluntary
Correction Agreement, and/or as otherwise authorized by state law or city code.
(a) Monetary Penalty. The monetary penalty for each violation per day or portion thereof shall be
as follows:
(i) First day of each violation: $100.00;
(ii) Second day of each violation: $200.00;
(iii) Third day of each violation: $300.00;
(iv) Fourth day of each violation: $400.00;
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(v) Each additional day of each violation beyond four days: $500.00 per day.
(b) Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not
relieve the person to whom the notice of violation was issued of the duty to correct the violation.
(c) Collection of Monetary Penalty.
(i) The monetary penalty constitutes a personal obligation of the person to whom the notice
of violation is directed. Any monetary penalty assessed must be paid to the city within 30
calendar days from the date an invoice for any monetary penalty is served by mail. Service
by mail shall be considered complete on the third day after the item is postmarked.
(ii) The city attorney is authorized to take appropriate action to collect the monetary
penalty.
(iii) Use of Collection Agency. The city, at its discretion, may, pursuant to chapter 19.16
RCW, use a collection agency for the purposes of collecting penalties assessed pursuant to
this chapter. The city shall add a reasonable fee, payable by the person responsible for the
debt, to the outstanding debt for the collection agency fee incurred or to be incurred as a
result of the use of the collection agency. No debt may be assigned to a collection agency
until at least 30 days have elapsed from the time that the city attempts to notify the person
responsible for the debt of the existence of the debt and that the debt may be assigned to a
collection agency for collection if the debt is not paid.
(d) Lien Authority.
(i) Any civil penalty imposed pursuant to this chapter that remains unpaid after the time
for appeal has expired, or after a final administrative or judicial decision has been rendered,
shall constitute a lien against the real property upon which the violation occurred.
(ii) The lien shall attach upon the recordation of a Notice of Lien in the office of the Kitsap
County Recorder or of the county in which the property is located. The Notice shall include
the name of the property owner, the legal description or assessor's parcel number of the
property, the amount of the penalty, and the date of the final determination.
(iii) Once recorded, the lien shall have the force, effect, and priority of a judgment lien in
accordance with RCW 4.56.190 and may be foreclosed in the same manner as a mortgage
or as otherwise provided by law.
(iv) Upon full payment of the civil penalty and any applicable interest and collection costs,
the City shall record a Release of Lien within a reasonable time.
(e) Waiver of penalties. Civil penalties accrued pursuant to this chapter may be waived at the
discretion of the city attorney or code enforcement officer under the following circumstances:
(i) Any notice, order, or penalty was issued in error;
(ii) Additional information or a change in circumstance warranting waiver has been
discovered by or presented to the city;
(iii) As part of negotiated agreement to resolve or remedy the outstanding violation(s);
(iv) As appropriate to resolve or avoid litigation.
(3) Stop Work Order.
(a) In addition to any remedy provided for in this chapter, the code enforcement officer may issue
a stop work or stop use order under the following circumstances:
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(i) Use of or activities on the property are being performed without a valid permit, or in
violation of permit conditions;
(ii) Use of or activities on the property violate the Port Orchard Municipal Code and/or any
adopted standards;
(iii) Use of or activities on the property are being performed under a permit that was issued
based on erroneous information submitted by the applicant;
(iv) Use of or activities on the property have become a hazard to life or property due to
weather or other conditions.
(b) The stop work or stop use order shall identify the property by address or parcel number, specify
the basis for the stop work order by reference to the applicable regulation, code, or permit, and the
contact name and phone number of the appropriate city staff that may be contacted for more
information about the order.
(c) The stop work or stop use order may be issued along with, or incorporated by reference in, a
notice of violation. Notice of the stop work order shall be deemed served upon posting of the notice
conspicuously on the affected property or structure and shall be effective immediately upon service.
The violation of a stop work or stop use order shall constitute a misdemeanor, punishable by
imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine
in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.
(d) A stop work order may not be appealed to the hearing examiner.
(2) Additional Remedies. In addition to any other remedy provided by this chapter, the city may initiate
enforcement, collection, injunction or abatement proceedings or any other appropriate action in the courts
against any person who violates or fails to comply with any provision as set forth in this chapter or to restore
a condition which existed prior to the violation. The violator shall pay the costs of such action including
reasonable attorney fees.
(3) Authority Retained. Nothing in this chapter shall be construed to abridge the authority of other agents
or officers of the city, including but not limited to the city police department, to enforce the provisions of
this code under authority otherwise granted such agents or officers.
2.64.040 Applicability.
The enforcement authority of this chapter shall apply to the following ordinances and regulations of the
city, as now exist or may hereafter be amended, and any code provisions that expressly delegates
enforcement authority to the code enforcement officer or to the procedures set forth in this chapter::
(1) Nuisances: Chapter 9.30 POMC;
(2) Unified Development Code: POMC Title 20;
(3) Subdivisions: POMC Title 20;
(4) Sign code: POMC Title 20;
(5) Stormwater management ordinance: POMC Title 20;
(6) Critical areas ordinance: POMC Title 20;
(7) Shoreline master program;
(8) Commercial vehicle parking ordinance: Chapter 10.13 POMC;
(9) Dangerous and Unfit Dwellings, Buildings and Structures: Chapter 20.212 POMC;
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(10)Business Licenses Generally, Chapter 5.12 POMC;
(11) Fire Hydrant Installation, chapter 15.28 POMC;
(12) Illicit Discharge, chapter 15.30 POMC
(13) City Construction Code, chapter 20.200 POMC;
(14) Street Use Permits, chapter 12.24 POMC;
(15) Control of Facts, Oils and Grease, chapter 13.05 POMC; and
(16) Cross -Connection Control, chapter 13.07 POMC.
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Enforcement of violations under this chapter is concurrent with, and not exclusive of, enforcement authority
provided under any other provision of this code. The city may pursue enforcement and/or remedies under
this chapter independently or in conjunction with remedies or procedures authorized under other chapters,
ordinances, or laws.
2.64.045 Compliance Agreement Required for After -the -Fact Permits.
(1) When any person or entity is issued a Notice of Violation, Civil Infraction, or assessed penalties for
work that required a permit or city approval without having first obtained the required authorization and
that person or entity seeks to legalize such work through an after -the -fact permit application, the following
process for bringing unauthorized work into compliance with applicable city regulations shall apply.
(2) Compliance Agreement Required. As a condition of processing an after -the -fact permit application, the
responsible party shall enter into a Compliance Agreement with the City.
The Compliance Agreement shall, at a minimum:
(a) Identify the code violations to be addressed;
(b) Describe the corrective measures necessary to bring the work into full compliance with city
codes, standards, and conditions of approval;
(c) Establish a timeline for completion of each corrective measure;
(d) Include enforcement provisions, including penalties for noncompliance, and
(e) Require payment of any applicable penalties, fees, or costs incurred by the City as a result of
the violation, but may (at the City's sole discretion where adequate safeguards are provided)
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stay the enforcement of penalties, fees, and costs, pending successful remediation of the
noncompliant conditions.
(f) State that by pursuing an after -the -fact permit to remediate the violations, the person(s)
responsible waive all rights to seek an administrative appeal of the code enforcement action
where an administrative appeal is available.
(3) Agreement Approval. The Compliance Agreement shall be subject to approval by the Director of
Community Development or Director of Public Works, or their designee.
(4) Enforcement.
Failure to comply with the terms of the Compliance Agreement shall constitute a separate violation of this
code.
In the event of noncompliance, the City may:
(a) Revoke any issued permits; or
(b) Proceed with enforcement actions, including but not limited to the assessment of penalties; or
(c) Seek removal of the violating work; and/or
(d) Recover costs, penalties, and legal fees incurred in enforcement.
2.64.050 Inspections.
The code enforcement officer or the code enforcement officer's designee shall inspect properties as
necessary to determine whether the permittee has complied with conditions of the respective permits and,
whenever there is reasonable cause to believe that a permittee is in violation of the provisions as set forth
in this chapter, may enter upon such premises at all reasonable times to inspect the same or to perform any
other duty allowed by the code enforcement officer or by this code. The code enforcement officer or
designee shall present proper credentials to the owner or other person in charge of the premises before
requesting entry. If such entry is refused or if the owner or tenant or person in charge of the premises cannot
be located, the code enforcement officer or designee shall have recourse to every remedy provided by law
to secure entry, including, but not limited to, application for a search warrant. In making such application,
the code enforcement officer or designee shall be assisted by the police department.
2.64.055 Removal of stop work or stop use order — Misdemeanor.
The removal of a stop work order or stop use order posted in conformity with the requirements of this
chapter without the authorization of the code enforcement officer or hearing examiner shall constitute a
separate violation for which civil penalties may be assessed per POMC 2.64.030, and shall constitute a
misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than
90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment
and fine.
2.64.060 Appeal to the hearing examiner.
(1) Standing and Filing Procedures. Any person subject to a notice of violation issued by the code
enforcement officer pursuant to this chapter may appeal the notice by filing such appeal with the city clerk
within ten (10) calendar days following service of the notice, along with a filing fee in an amount set by
resolution of the City Council. When the last day of the period so computed is a Saturday, Sunday or a
federal or city holiday, the period shall run until 5:00 p.m. on the next business day. The request shall be in
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writing, and upon receipt of the appeal request, city staff shall forward the request to the office of the
hearing examiner. The filing of such an appeal shall not alter the time for compliance unless modified by
the hearing examiner. If an appeal is not filed within 10 calendar days after the notice of violation is served,
the violation shall be deemed committed and monetary penalties shall be assessed pursuant to the deadlines
set forth in the notice of violation and subject to the collection and enforcement procedures as detailed in
this chapter.
(a) If the notice of violation is not appealed, any concurrent or subsequent penalty assessments
related to continued or uncorrected violations shall not be subject to appeal, but may be eligible for
mitigation as provided in this chapter.
(b) The timely filing of an appeal shall not stay the effective date of the notice of violation and
required remediation unless the Hearing Examiner so orders.
(2) Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee as set by resolutino,
and contain the following information:
(a) Appellant's name, address, email address, and phone number;
(b) Appellant's statement describing the appellant's standing to appeal;
(c) Identification of the application and/or notice which is the subject of the appeal;
(d) Appellant's statement of grounds for appeal and the facts upon which the appeal is based. The
statement of grounds for appeal must include issues the appellant is requesting to be heard in
the appeal hearing. Additional issues not expressly stated in the appeal documents shall not be
considered by the Hearing Examiner. Additional information on each of the stated appeal issues
may be submitted at any time up to and during the appeal hearing;
(e) The relief sought, including the specific nature and extent;
(f) A statement that the appellant has read the appeal and believes the contents to be true, followed
by the appellant's signature.
(g) The Director shall reject any appeal that fails to meet the filing and submittal requirements of
this section. The appeal fee shall be refunded in the event the Director rejects the appeal or in
the event that the appellant files a statement with the City Clerk withdrawing the appeal at least
fifteen (15) calendar days before the scheduled hearing. In all other cases, the appeal fee shall
be nonrefundable.
(3) Where feasible, the hearing examiner will schedule a hearing within ninety (90) days of the receipt of
the notice of appeal. The hearing examiner shall provide at least ten days' notice to the applicant and code
enforcement officer of the pending hearing.
(4) Procedure. The hearing examiner may conduct a hearing on the violation pursuant to any procedural
rules or orders duly issued by the examiner where requested by the parties or appropriate in the hearing
examiner's discretion. The applicable city staff, including but not limited to the code enforcement officer
or designee, and the person to whom the notice of violation was directed may participate as parties in the
hearing and each party may call witnesses. The determination of the applicable code enforcement officer
and/or staff as to the need for the required corrective action shall be accorded substantial weight by the
hearing examiner in determining the reasonableness of the required corrective action; however, where a
person has previously been found to have committed the same violation, issuance of a notice of violation
alleging the same offense shall constitute prima facie evidence of the new violation and create a rebuttable
presumption of having committed the new violation. In addition, other chapters of the code may allow a
rebuttable presumption in favor of the city in specific circumstances.
(5) Decision of the Hearing Examiner.
(a) The hearing examiner shall determine whether the city has established by a preponderance of
the evidence that a violation has occurred and that the required correction is reasonable and shall
affirm, vacate, or modify the city's decisions regarding the alleged violation and/or the required
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corrective action, with or without written conditions.
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(b) Where corrective action is required, the court shall give substantial weight to the city's
determination regarding the nature of any such action required, and whether such action has been
satisfactorily performed.
(c) If the hearing examiner determines that the violation has occurred, where requested by the city,
monetary penalties will be assessed against the responsible party. The hearing examiner has
authority to determine whether the accrual of monetary penalties shall begin: (i) on the date the
notice of violation was issued, (ii) following any correction deadline ordered or affirmed by the
hearing examiner, in the event the corrective action is not completed, or (iii) any other date as
determined to be reasonable under the circumstances.
(d) The hearing examiner shall issue an order to the person responsible for the violation which
contains the following information:
(i) The decision regarding the alleged violation including findings of fact and conclusions
based thereon in support of the decision;
(ii) The required corrective action;
(iii) The date and time by which the correction must be completed;
(iv) The imposition of monetary penalties and the hearing examiner's decision, if any, with
regard to when such penalties will or have begun to accrue;
(v) The date and time after which the city may proceed with abatement of the unlawful
condition if the required correction is not completed.
(e) Notice of Decision. The hearing examiner shall mail a copy of the order to the appellant, the
city attorney, and to the applicable staff within 15 business days of the hearing.
(f) The decision of the Hearing Examiner is final and not subject to further administrative appeal.
(6) A person who does not contest the notice of violation but seeks a reduction of a civil penalty may submit
a written request for a mitigation hearing to the City Clerk within ten (10) calendar days of the date of
service of the assessment of penalties.
(a) The request for mitigation shall include:
(i) The name and contact information of the person requesting mitigation;
(ii) The notice of violation number;
(iii) A statement explaining the basis for the mitigation request (e.g., financial hardship,
good faith effort to comply, correction completed, etc.).
(b) Upon receipt of a timely request, the City shall schedule a mitigation hearing before the hearing
examiner, to be held within a reasonable time. Notice of the hearing date, time, and location shall
be provided to the requesting party at least 10 calendar days in advance of the hearing.
(c) The hearing examiner shall consider only whether the amount or terms of the civil penalty
should be reduced or modified for good cause shown. The underlying violation(s) may not be
contested at a mitigation hearing. The hearing examiner may consider relevant factors in
determining good cause, including, but not limited to:
(i) Whether the violation was promptly corrected;
(ii) Whether the violation was committed in good faith;
(iii) The financial circumstances of the responsible party;
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(iv) Any prior history of code violations;
(v) Impact of the violation on the community or environment.
(d) At the conclusion of the hearing, the hearing examiner may:
(i) Confirm the original penalty;
(ii) Reduce the penalty;
(iii) Establish a payment plan; or
(iv) Modify other terms related to the penalty.
Page 12/23
(e) The decision of the hearing examiner is final and not subject to further administrative appeal.
(7) Failure to Appear. If the person to whom the notice of violation was issued fails to appear at the
scheduled hearing, the hearing examiner may enter an order finding that the violation occurred and
assessing the appropriate monetary penalty. The city will carry out the hearing examiner's order and recover
all related expenses, plus the cost of the hearing and any monetary penalty from that person.
(8) Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve the
person responsible for the violation of the duty to correct the violation.
(9) Appeal to Superior Court — Land Use Decision. Judicial review of a land use decision, as defined in
RCW 36.70C.020, made by the hearing examiner must be made pursuant to the provisions of the Land Use
Petition Act, chapter 36.70C RCW.
2.64.070 Abatement.
(1) Initiation. The city may initiate an abatement action to abate a violation and/or any condition caused by
a violation when:
1. A responsible party fails to complete any required corrective action by the deadline provided in
a notice of violation;
2. The terms of a voluntary correction agreement have not been met;
3. Pursuant to any order by the hearing examiner; or
4. At any time when, in the discretion of the code enforcement officer, abatement will be an
effective means to obtain compliance.
(2) Procedure. Except for circumstances addressed in subsection (3) of this section, an abatement action
shall be commenced by filing a complaint for a warrant of abatement with the Kitsap County superior court.
(3) Summary Abatement. Whenever a violation of a regulation causes a condition that poses an immediate
or imminent threat to the safety of persons, property, or significant environmental damage, the city shall,
upon the advice of the city attorney, take emergency action to abate the condition without requiring prior
notice to public or private persons whose property may be affected by the city's actions. Such emergency
action may involve entry onto private property. However, notice of abatement action, including the reason
for it, shall be given to the person responsible for the violation, as well as any other party requesting such
information, as soon as reasonably possible after the condition creating the emergency has been abated.
(4) Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the city
or its officials in accordance with this code and the laws of the state of Washington, including but not
limited to the abatement of unfit dwellings pursuant to chapter 20.212 POMC and Chapter 35.80 RCW.
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2.64.080 Injunction.
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In addition to, or in lieu of, any other enforcement action, the city may seek an injunction to prohibit the
use of any building, structure, vehicle, personal property, or real property, or any portion(s) thereof, that
constitutes a violation of any regulation which is enforced by this chapter, including but not limited to the
regulations outlined in POMC 2.64.040.
2.64.090 Recovery of costs for enforcement.
(1) All costs incurred by the city, including incidental expenses, for correcting the violation shall be billed
to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control,
use, and/or occupy the property; owners and tenants shall be jointly and severally liable, except where
prohibited by law.
(2) Costs of abatement shall become due and payable to the city within 30 calendar days from the date
abatement begins. The city attorney may, at their discretion, allow a payment schedule or negotiate a
reduced settlement when such a settlement is in the best interests of justice or the city's budgetary needs.
(3) The city may request, and the court may require, that the costs of abatement be ordered as restitution in
any legal proceeding resulting from a notice of violation being issued against a person.
(4) Recoverable "incidental expenses" shall include, but not be limited to, personnel costs, both direct and
indirect, including attorney's fees; costs incurred in documenting the violation; hauling, storage, and
disposal expenses; and actual expenses and costs of the city in preparing notices, specifications, and
contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required
printing and mailing.
(5) Should the responsible party fail to pay costs under this section, the city may, after abating a nuisance,
file for record with the Pierce County auditor to claim a lien against the real property for the civil penalties,
fees, and costs assessed that are reasonably related to the real property in accordance with any lien
provisions authorized by state law.
(6) Any lien filed shall be subject to priority pursuant to state law, including but not limited to RCW
35A.21.405, as now adopted or hereafter amended. Any such claim of lien may be amended from time to
time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided
for by state law.
2.64.100 Interfering with abatement.
The following acts shall constitute a misdemeanor punishable by imprisonment in jail for a maximum term
fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than
$1,000, or by both such imprisonment and fine:
(1) Intentionally obstructing, impeding, or interfering with the city or its agents who are lawfully engaged
in abating a violation. Agents of the city shall include any person who holds an interest in the property at
issue, when that person is lawfully engaged in abating a violation.
(2) Removing or defacing any sign, notice, complaint or order required by or posted in accordance with this
chapter.
(3) Expressly or implicitly giving the impression of being the code enforcement officer or an inspector for
the city of Sumner without holding such valid or legal credentials as may be appropriate for such duties.
2.64.110 Additional enforcement procedures.
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The provisions of this chapter are not exclusive and may be used in addition to other enforcement provisions
authorized by the Port Orchard Municipal Code except as precluded by law.
2.64.120 Conflicts.
In the event of a conflict between this chapter and any other provision of the Port Orchard Municipal Code
or city ordinance providing for a civil penalty, this chapter shall control.
2.64.130 Severability — Construction.
A. If a section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared unconstitutional
or invalid for any reason by any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this chapter.
B. If the provisions of this chapter are found to be inconsistent with other provisions of the Port Orchard
Municipal Code, this chapter is deemed to control.
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Chapter 15.30
ILLICIT DISCHARGE PREVENTION, DETECTION AND ELIMINATION
15.30.150 Appeals.
(1) The director's notice and order, revocation of a permit, or assessment of costs of abatement may be
appealed to the hearing examiner by persons to whom the notice and order, revocation of a permit, or
assessment of costs of abatement is issued. An appeal shall be considered timely if, but only if, it is filed in
writing with the director within 10 working days of service, and the appeal fee adopted by the city council
is paid in full. In addition to the appeal fee, if the director determines that the services of an independent
consultant are reasonably necessary in adjudicating the appeal, the appellant shall make an initial cash
deposit to pay for an independent review as the same may be reasonably required by the director. The initial
deposit, which is only an estimate of the consultant's costs, shall be paid in advance of the hearing. If it is
determined during any point in the appeal process that the initial deposit is insufficient to cover all
reasonable consultant's costs, the appellant shall be required to make an additional deposit in an amount
sufficient to cover the same. Any portion of the deposit that is not used to cover all reasonable consultant's
costs shall be refunded to the appellant. The amount of the deposit shall be at least $500.00 but not more
than $1,500, and it shall be determined by the director based upon a good faith estimate of permissible
costs. The appellant shall be given equal access to any report prepared by the consultant.
(2) The director shall accept appeals that meet the requirements of this section and shall schedule such
appeals for consideration by the hearing examiner. The hearing shall be scheduled within 90 days after the
appeal is accepted. The director shall reject any appeal that fails to meet the filing and submittal
requirements of this section. The appeal fee shall be refunded in the event the director rejects the appeal or
in the event that the appellant files a statement with the director withdrawing the appeal at least 15 calendar
days before the scheduled hearing. In all other cases, the appeal fee shall be nonrefundable.
(3) The written appeal shall contain all of the following information and attachments:
(a) A copy of the notice and order, revocation of a permit, or assessment of costs of abatement
being appealed;
(b) The name of the property owner and, if applicable, the owner's agent;
(c) The name and signature of each appellant and a statement showing that each is entitled to file
the appeal under subsection (1) of this section; and
(d) A statement of appeal identifying each issue in the notice and order or assessment of costs of
abatement that the appellant wishes to appeal, the reasons why each issue is in error as a matter of
fact and/or law, and evidence relied upon.
(4) The hearing examiner shall hear the appeal in an open record hearing. At least 10 business days before
the hearing, notice of the same shall be mailed to parties who are entitled to notice of the decision. The
notice of hearing does not need to be posted or published. The appeal shall be limited to those issues raised
in subsection (3)(d) of this section, and shall occur as set forth herein and in accordance with the hearing
examiner's adopted procedures.
(5) At least 10 business days before the hearing, the director and appellant shall each submit, as part of the
record, separate reports to the hearing examiner containing a statement of the issues and applicable laws,
discussion and analysis, proposed findings of fact and conclusions of law, and copies of any pertinent
document referenced therein. The burden shall be on the city to support the order of the director by a
preponderance of the evidence. Reports, if any, prepared by the independent consultant referenced in
subsection (1) of this section shall be part of the record. The hearing examiner shall decide as follows, based
upon the record made during the course of the public hearing:
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(a) Uphold the order, revocation, or assessment of costs of abatement of the director in its entirety;
or
(b) Uphold the order, revocation, or assessment of costs of abatement of the director in part and
reverse the order, revocation, or assessment of costs of abatement in part; or
(c) Reverse the order, revocation, or assessment of costs of abatement of the director in its entirety.
(6) The hearing examiner shall issue a final decision on the appeal supported by written findings and
conclusions within 10 business days of the hearing. The decision shall also include venue information and
limitations on filing judicial appeal(s) of the decision. The director shall serve a copy of the final decision
to the appellant and other parties of record. Service shall be in the same manner as set forth in POMC
15.30.140(3)(b).
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Chapter 9.30
NUISANCES
9.30.050 Enforcement — Notice.
Any enforcement officer, having knowledge of any public nuisance, shall cause any owner or other
responsible person to be notified of the existence of a public nuisance on any premises and shall direct the
owner or other responsible person to abate the condition within 10 days after notice. The notice shall be
substantially in the following form and may be combined with a notice of violation issued pursuant to
Chapter 2.64 POMC:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
TO
(name and address of person notified)
As owner, agent, lessee or other person occupying or having charge or control of the building, lot or
premises at you are hereby notified that the undersigned pursuant to Ordinance of the City
of Port Orchard has determined that there exists upon or adjoining said premises the following condition
contrary to the provisions of subsection of City Ordinance
You are hereby notified to abate said condition to the satisfaction of the undersigned within ten (10) days
of the date of this notice. If you do not abate such condition within ten (10) days, the City may abate the
condition at your expense. In addition, the City may begin issuing citations pursuant to subsection of
Ordinance No.
Abatement is to be accomplished in the following manner:
You may appeal this Notice to Abate decision by filing a written notice of appeal with the City Clerk for a
hearing before the Hearing Examiner of the City of Port Orchard within ten (10) days after the date of this
notice.
Dated
***
9.30.080 Appeal.
Any person who has received a notice to abate a condition as determined by the code enforcement officer
under POMC 9.30.050 may appeal said determination by filing written notice of appeal with the city clerk
for a hearing before the HearingExaminer. The notice of appeal must be received by the city clerk within
10 days after the date of said notice to abate. The notice shall meet the notice of appeal requirements of
Chapter 2.64 POMC. The notice shall be reviewed, the hearing held, and the decision issued in accordance
with the provisions of Chapter 2.64 POMC, except that such hearings shall be open record. (Ord. 055-19 §
2; Ord. 014-19 § 1; Ord. 1724 § 15, 1998).
***
139
Exhibit A to Ordinance — New Chapter 2.64 and Amended
Code Provisions (Clean)
9.30.100 Additional remedies.
Page 18/23
(1) Civil Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of,
or failure to comply with, any provision of this chapter or any lawful order issued hereunder shall constitute
a civil infraction and a civil violation, subject to the penalties as specified in Chapter 2.64 POMC.
(2) Criminal Penalty. In addition or alternative to any other penalty provided herein or by law, any violation
of, or failure to comply with, any provision of this chapter or any lawful order issued hereunder shall
constitute a misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment for not more
than 90 days, or by both such fine and imprisonment.
(3) Each day in which a violation occurs or is allowed to continue shall constitute a separate offense and
may be subject to separate penalties. (Ord. 014-19 § 1; Ord. 1724 § 15, 1998).
140
Exhibit A to Ordinance — New Chapter 2.64 and Amended Page 19/23
Code Provisions (Clean)
Chapter 2.76
HEARING EXAMINER
2.76.090 Burden of proof.
Except as otherwise provided in this code, the applicant has the burden of proof to establish, by a
preponderance of the evidence, that the project or matter under consideration is consistent with applicable
law and serves the interests of the community.
2.76.100 Notice of hearing — Staff report — Hearing.
(3) Hearing. Except as otherwise provided in this code, before issuing a recommendation, the examiner
shall hold one open record predecision hearing. Before issuing a decision, the examiner shall hold one open
record public hearing thereon. The public hearing shall be conducted in accordance with such rules as the
examiner may adopt pursuant to POMC 2.76.070.
2.76.140 Appeal from examiner's decision.
(1) Jurisdiction. Except as otherwise provided in this code, all appeals of a decision of the examiner will be
to the city council.
141
Exhibit A to Ordinance — New Chapter 2.64 and Amended Page 20/23
Code Provisions (Clean)
Chapter 2.82
ABATEMENT HEARING OFFICER
2.82.010 Definition.
"Abatement hearing officer" and "hearing officer" shall mean the person appointed by the city of Port
Orchard to hear appeals of dangerous or unfit building pursuant to Chapter 20.212 POMC. Unless the
context requires otherwise, the terms "abatement hearing officer" and "hearing officer" shall include
"hearing officer pro tem." The city of Port Orchard "hearing officer" is not the city of Port Orchard "hearing
examiner", as those terms are utilized in this code.
142
Exhibit A to Ordinance — New Chapter 2.64 and Amended Page 21/23
Code Provisions (Clean)
Chapter 5.12
BUSINESS LICENSES
5.12.110 License approval or denial.
The city license officer shall approve business licenses for all persons who submit an application in
accordance with the process described in POMC 5.12.080 and are qualified under the requirements of this
chapter and shall:
(1) Submit all applications to the planning department, fire authority, city clerk's department and police
department for their endorsements as to compliance by applicant with all city regulations which they have
the duty of enforcing.
(2) A business license shall only be issued if none of the conditions listed in POMC 5.12.120(1)(a)
through (f) exist or apply to the license applicant or premises proposed to be licensed.
(3) The city license officer shall notify the applicant in writing by mail, return receipt requested, of the
denial of the application and the grounds therefor. Within 10 calendar days after the city license officer's
decision, the applicant may request an appeal and hearing before the hearing examiner by filing a written
notice of appeal and paying the appeal fee as set by resolution of the City Council. The written notice
shall included the following:
(a) Appellant's name, address, email address, and phone number;
(b) Appellant's statement describing the appellant's standing to appeal;
(c) Identification of the application and/or notice which is the subject of the appeal;
(d) Appellant's statement of grounds for appeal and the facts upon which the appeal is based. The
statement of grounds for appeal must include issues the appellant is requesting to be heard in
the appeal hearing. Additional issues not expressly stated in the appeal documents shall not be
considered by the hearing examiner. Additional information on each of the stated appeal issues
may be submitted at any time up to and during the appeal hearing;
(e) The relief sought, including the specific nature and extent;
(f) A statement that the appellant has read the appeal and believes the contents to be true, followed
by the appellant's signature.
(g) The Finance Director shall reject any appeal that fails to meet the filing and submittal
requirements of this section. The appeal fee shall be refunded in the event the Director rejects
the appeal or in the event that the appellant files a statement with the City Clerk withdrawing
the appeal at least fifteen (15) calendar days before the scheduled hearing. In all other cases,
the appeal fee shall be nonrefundable.
The city licensing officer shall notify the applicant by mail, return receipt requested, of the time and place
of the hearing. If request for hearing is not received within the time specified, the license officer's
decision shall be final.
(4) The hearing examiner shall hear all appeals made pursuant to this section within ninety (90) days of
the filing of the written appeal, and shall affirm, vacate, or modify the city's decisions. The appellant shall
bear the burden to prove by a preponderance of evidence that good cause exists to alter the decision of the
city licensing officer, provided good cause shall be defined as evidence that the denial was based on an
error in fact, law, or application of the code, or demonstrated correction of the violations or deficiencies
that formed the basis of the denial. The appeal fee shall be refundable only if the hearing examiner finds
in favor of the applicant.
(5) If an application for a business license is denied and the applicant has filed a timely appeal of such
denial, the applicant may continue to conduct business during the pendency of the appeal.
143
Exhibit A to Ordinance — New Chapter 2.64 and Amended
Code Provisions (Clean)
Page 22/23
144
Exhibit A to Ordinance — New Chapter 2.64 and Amended Page 23/23
Code Provisions (Clean)
Chapter 13.04
WATER AND SEWERS
13.04.180 Appeals.
The person may appeal the penalty to the hearing examiner; provided, that the appeal is made in writing
and filed with the city clerk within 10 calendar days from the date of notice imposing the penalty. The
failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the
matter. (Ord. 1897 § 20, 2003).
145
ORDINANCE NO. -25
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
ENFORCEMENT AND APPEALS PROCEDURES; REPEALING AND REPLACING
CHAPTER 2.64, AND AMENDING SECTION 15.30.150, SECTION 9.30.050, SECTION
9.30.080, SECTION 9.30.100, SECTION 2.76.090, SECTION 2.76.100, SECTION
2.76.140, SECTION 2.82.010, SECTION 5.12.110, AND SECTION 13.04.180 OF THE
PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY;
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Port Orchard maintains and enforces the regulations set out in the
Port Orchard Municipal Code to protect public health, safety, and welfare, and to preserve the
quality of life within the City; and
WHEREAS, the City frequently audits the regulations that govern the means and methods
of code enforcement, including the associated administrative appeals processes, where
applicable, to ensure they are efficient, effective, and transparent; and
WHEREAS, the current appeal procedures include routing certain appeals to the City
Council, which can politicize quasi-judicial matters, prevent the Council from speaking to and
discussing key issues with their constituents pursuant to Washington state law, and detract from
the Council's legislative responsibilities; and
WHEREAS, administrative appeals of enforcement decisions are typically best handled by
third -party hearing examiner, who can act independently to evaluate the appeal pursuant to the
law fairly, consistently, and efficiently; and
WHEREAS, by this Ordinance, the City would modify its procedures for code enforcement
and associated appeals to add additional tools for staff members tasked with enforcement of
code provisions, and clarify the process for administratively appealing issued orders to ensure
timely and transparent due process; and
WHEREAS, streamlining enforcement procedures and clarifying the appeals process will
result in better compliance outcomes, reduced administrative burden, and increased fairness and
transparency for residents and businesses alike; and
WHEREAS, the City Council has reviewed the new code language and amendments and
believes it to be in the best interests of the City to enact this ordinance; Now, Therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Repealer. Chapter 2.64 of the Port Orchard Municipal Code is hereby
repealed.
11107118.1 -366922-0001
146
Ordinance No. _2.5
Page 2 of 3
SECTION 2. Adoption. New Chapter 2.64 of the Port Orchard Municipal Code, as
attached hereto in Exhibit A and incorporated herein by this reference, is hereby adopted.
SECTION 3. Amendment. Section 15.30.150, as attached hereto in Exhibit A and
incorporated herein by this reference, is amended as depicted in Exhibit A.
SECTION 4. Amendment. Section 9.30.050 as attached hereto in Exhibit A and
incorporated herein by this reference, is amended as depicted in Exhibit A.
SECTION 5. Amendment. Section 9.30.080 as attached hereto in Exhibit A and
incorporated herein by this reference, is amended as depicted in Exhibit A.
SECTION 6. Amendment. Section 9.30.100 as attached hereto in Exhibit A and
incorporated herein by this reference, is amended as depicted in Exhibit A.
SECTION 7. Amendment. Section 2.76.090 as attached hereto in Exhibit A and
incorporated herein by this reference, is amended as depicted in Exhibit A.
SECTION 8. Amendment. Section 2.76.100 as attached hereto in Exhibit A and
incorporated herein by this reference, is amended as depicted in Exhibit A.
SECTION 9. Amendment. Section 2.76.140 as attached hereto in Exhibit A and
incorporated herein by this reference, is amended as depicted in Exhibit A.
SECTION 10. Amendment. Section 2.82.010 as attached hereto in Exhibit A and
incorporated herein by this reference, is amended as depicted in Exhibit A.
SECTION 11. Amendment. Section 5.12.110 as attached hereto in Exhibit A and
incorporated herein by this reference, is amended as depicted in Exhibit A.
SECTION 12. Amendment. Section 13.04.180 as attached hereto in Exhibit A and
incorporated herein by this reference, is amended as depicted in Exhibit A.
SECTION 13. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this Ordinance.
SECTION 14. Effective Date. This ordinance shall be in full force and effect five (5) days
after posting and publication as required by law. A summary of this Ordinance may be published
in lieu of the entire ordinance, as authorized by state law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 9t" day of September, 2024.
11107118.1 -366922-0001
147
Ordinance No. -25
Page 3 of 3
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
11107118.1- 366922 - 0001
148
Q9 City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Items: Adoption of an Ordinance Amending POMC Section 5.12.100, Modifying the Minimum
Threshold for Required Business Licenses to match the Washington State Model Ordinance (Crocker)
Meeting Date: September 9, 2025
Prepared By: Noah Crocker, M.B.A., Finance Director
Presenter: Noah Crocker, M.B.A., Finance Director
Summary and Background:
In 2018, cities in Washington were required by the Washington state legislature to adopt the model
business license ordinance (prepared by the Association of Washington Cities) to govern the business
licensing process in a uniform manner throughout the state. The ordinance includes a mandatory
definition of "engaging in business" and a minimum threshold (or occasional sale) exemption to
establish when out-of-town or transient businesses are required to be licensed.
The model threshold was reviewed and updated by AWC and the associated work group of cities in
2024. Pursuant to state law, cities must adopt the updated threshold by January 1, 2026.
The City's business licensing regulations are codified at Chapter 5.12 of the Port Orchard Municipal
Code (POMC). In 2018, the City Council adopted a threshold of $2,000 for both in -city and out -of -city
businesses. The City Council also required that all businesses apply for business license, so that we
know who is doing business in the city.
The proposed amendment in this Ordinance, necessary to match the updated model ordinance,
amends POMC Section 5.12.100 to make a one-time increase to a higher threshold to $4,000 for out -
of -city businesses from the current $2,000 threshold, effective January 1, 2026.
Other proposed amendments to POMC Section 5.12.100 in this Ordinance include:
• Every four years thereafter, the threshold would have an automatic periodic increase based on
cumulative inflation.
The rates of inflation would be calculated using the Consumer Price Index -U (CPI -U) Western for
June of each year compared to the previous year for the previous four years.
The rate of inflation would be calculated as zero in any year in which inflation was negative and
capped
at 5% per year or 20% over four years if inflation exceeded those amounts.
To make the threshold easier to administer, the cumulative inflation amount would be rounded
to the nearest $100.
149
Cities retain the local option of requiring a no -fee registration for out -of -city businesses below the
threshold and the local option of imposing a higher threshold than the model minimum threshold.
Under the model ordinance statute, cities must adopt the change with the same effective date. In
addition, cities that partner with the state's Business License Service need to update their ordinance in
time to provide 75 -days' notice to the Department of Revenue of the change.
In summary, the proposed Ordinance raises the threshold to $4,000 for both in -city and out -of -city
businesses, and incorporates the recommended automatic periodic increases based on cumulative
inflation.
Relationship to Comprenhensive Plan: N/A
Recommendation: Approve the attached Ordinance updating the Business Licensing minimum
threshold.
Motion for Consideration: I move to approve the Ordinance amending Port Orchard Municipal Code
Section 5.12.100, as presented.
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: TBD
Alternatives: Do not approve and provide alternative guidance
Attachments:
AWC-FAQ-2026businesslicensemodelthreshold.pdf
Final Redline -2025- Business License Ordinance.docx
Final (Clean) -2025 -_ Business _ License_Ordinance.docx
RCW_35.90. pdf
150
2026 City Business License Model Threshold update
Effective January 1, 2026
What are the main changes to the model
threshold?
The main change in the update would make a one-
time increase to a higher threshold to $4000 for out -
of -city businesses from the current $2,000 threshold,
effective January 1, 2026.
Other changes include:
• Every four years thereafter, the threshold would
have an automatic periodic increase based on
cumulative inflation.
• The rates of inflation would be calculated using
the Consumer Price Index -U (CPI -U) Western for
June of each year compared to the previous year
for the previous four years.
• The rate of inflation would be calculated as zero
in any year in which inflation was negative and
capped at 5% per year or 20% over four years if
inflation exceeded those amounts.
• To make the threshold easier to administer, the
cumulative inflation amount would be rounded to
the nearest $100.
Could my city still require a no fee registration
for out -of -city businesses below the threshold?
Cities retain the local option of requiring a no -fee
registration for out -of -city businesses below the
threshold.
Was the definition of "engaging in business"
changed?
No, the definition of engaging in business has not
changed since the 2018 model was adopted.
What are the deadlines for all cities with
business licenses to adopt the 2026 model
threshold?
Cities with a business license must adopt the model
by January 1, 2026.
However, cities that currently partner with the state's
Business Licensing Service (BLS) for business
licensing administration must adopt it by mid -October
2025, because they must provide BLS 75 -day
notice of any changes to their business licenses,
including this mandatory change.
What if my city has a higher threshold?
Cities can choose to enact a higher threshold. The
$4,000 city threshold for out -of -city businesses is the
minimum level that every city must enact.
What if my city wants to have a threshold that
applies to in -city businesses in addition to the
out -of -city business threshold?
The $4,000 threshold level for out -of -city businesses
is a mandatory minimum threshold that every city
business license city must adopt, but the law does
not impact the city's authority to have exemptions or
other thresholds.
Cities can continue to require a license for
businesses located in the city without regard to the
threshold (unless the city chose to exempt these
businesses).
Cities can also choose to enact a separate threshold
exemption that applies to in -city businesses.
Who should my city notify when the model is
adopted?
BLS partner cities: Send a completed Change
Request Form to BLS notifying them of the update
All other cities: Email Sheila Gall, AWC
(sheilag(a�awcnet.org) so we can track updates.
How will businesses find out about the changes?
Consider providing information on changes to your
business license by adding information to your
license renewal letter, sending a letter to your
potentially impacted businesses, updating
information on your city's website or presenting to
your local chamber.
Background on the 2018 model threshold
In the 2017 session, EHB 2005 (RCW 35.90) passed
requiring three actions by cities with business
licenses and local B&O taxes. The law required cities
to make changes to business licensing, including
requiring cities with business licenses to establish a
workgroup to create a model business license
threshold by July 2018 for adoption by all business
license cities by January 1, 2019.
151
2018 model ordinance for local business licenses
— minimum threshold
The 2018 model included a mandatory definition of
"engaging in business" and a $2000 minimum
threshold (or occasional sale) exemption to establish
when out-of-town or transient businesses are
required to be licensed. All business license cities
adopted the model by January 1, 2019 (RCW
35.90.080).
Contact
Sheila Gall
General Counsel
sheilag(a�awcnet.org
wacities.org
152
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 5.12.100,
"LICENSES FOR BUSINESSES LOCATED OUTSIDE CITY LIMITS" TO
INCORPORATE STATE -MANDATED CHANGES TO INCREASE THE
THRESHOLD FOR BUSINESSES; ADOPTING THE MANDATORY
PROVISIONS FROM THE MODEL BUSINESS LICENSE ORDINANCE;
AND ESTABLISHING AN EFFECTIVE DATE OF JANUARY 1, 2026.
WHEREAS, the City of Port Orchard has adopted local regulations establishing
standards and procedures for business licenses, including as currently codified in Chapter
5.12 POMC; and
WHEREAS, in 2017, the state legislature passed EHB 2005 (RCW 35.90), an act
relating to improving the business climate in Washington state by simplifying the
administration of municipal general business licenses and requiring cities to develop a
general business licensing model ordinance; and
WHEREAS, cities, working through the Association of Washington Cities (AWC),
established a model ordinance development committee made up of a representative
sampling of cities that impose a general business license requirement. A city that imposes
a general business license requirement must adopt the mandatory provisions of the
model ordinance by January 1, 2019. The mandatory provisions of the model ordinance
included the following: (1) the definition of "engaging in business within the city"; and (2)
a uniform minimum licensing threshold under which a person would not have to obtain a
city's general business license; and
WHEREAS, the 2018 model included a $2,000 minimum threshold (or occasional
sale) exemption to establish when out-of-town or transient business are required to be
licensed. All business license cities adopted the model by January 1, 2019 (RCW
35.90.080; and
WHEREAS, the City of Port Orchard adopted Ordnance No. 028-18 on September
11, 2018, with an effective date January 1, 2019, which adopted no -fee registrations for
both out -of -city and in -city businesses that did not meet a threshold of $2000; and
WHEREAS, pursuant to Chapter 35.90 RCW, the City of Port Orchard partners with
the Department of Revenue's Business Licensing Services ("BLS") to issue and renew
business licenses; and
WHEREAS, pursuant to RCW 35.90.80-.090, cities that impose a general business
license are required to adopt the mandatory provisions of the state model ordinance; and
11106827.1 - 366922 - 0001
153
Ordinance No.
Page 2 of 3
WHEREAS, an update to the City's municipal code provisions to match the model
ordinance is required for 2026 to increase the threshold to $4000 and include an
automatic periodic increase based on cumulative inflation for every four years thereafter;
and
WHEREAS, current BLS partner cities must adopt the updated language by mid -
October (RCW 35.90.070), and provide notification to BLS in order to maintain its business
licensing program on January 1, 2026; and
WHEREAS, the City of Port Orchard has determined that approval of the updated
model business license threshold is in the best interest of the City, as it is necessary to
ensure continued compliance with state business license requirements; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Port Orchard Municipal Code Section 5.12.100 is hereby amended to read as
follows:
5.12.100 Licenses for businesses located outside city limits.
For purposes of the license by this chapter, any person or business whose annual value of products, gross proceeds
of sales, or gross income of the business in the city is equal to or less than $2000 and who does not maintain a place
of business within the city, shall submit a business license registration to the city finance director or designee. The
threshold does not apply to regulatory license requirements or activities that require a specialized permit. Peddlers
and hawkers shall apply for a business license. Businesses whose activities require a permit issued under the
jurisdiction of the Uniform Building Codes shall apply for a business license.
Beginning January 1, 2026, the threshold amount is $4000. The threshold amount will be adjusted every forty-eight
months on January 1, by an amount equal to the increase in the Consumer Price Index ("CPF") for "West Urban, All
Urban Consumers" (CPI -U) for each 12 -month period ending on June 30 as published by the United States
Department of Labor Bureau of Labor Statistics or successor agency. To calculate this adjustment, the current rate
will be multiplied by one plus the cumulative four-year (forty-eight month) CPI increase using each 12 -month
period ending on June 30 of each prior year, and rounded to the nearest $100. However, if any of the annual CPI
increases are more than five (5) percent, a five (5) percent increase will be used in computing the annual basis and if
any of the annual CPI decreased during the forty -eight -month period, a zero (0) percent increase will be used in
computing the annual basis.
SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
11106827.1- 366922 - 0001
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Ordinance No.
Page 3 of 3
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect
January 1, 2026.
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 9th day of September 2025.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
11106827.1- 366922 - 0001
155
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 5.12.100,
"LICENSES FOR BUSINESSES LOCATED OUTSIDE CITY LIMITS" TO
INCORPORATE STATE -MANDATED CHANGES TO INCREASE THE
THRESHOLD FOR BUSINESSES; ADOPTING THE MANDATORY
PROVISIONS FROM THE MODEL BUSINESS LICENSE ORDINANCE;
AND ESTABLISHING AN EFFECTIVE DATE OF JANUARY 1, 2026.
WHEREAS, the City of Port Orchard has adopted local regulations establishing
standards and procedures for business licenses, including as currently codified in Chapter
5.12 POMC; and
WHEREAS, in 2017, the state legislature passed EHB 2005 (RCW 35.90), an act
relating to improving the business climate in Washington state by simplifying the
administration of municipal general business licenses and requiring cities to develop a
general business licensing model ordinance; and
WHEREAS, cities, working through the Association of Washington Cities (AWC),
established a model ordinance development committee made up of a representative
sampling of cities that impose a general business license requirement. A city that imposes
a general business license requirement must adopt the mandatory provisions of the
model ordinance by January 1, 2019. The mandatory provisions of the model ordinance
included the following: (1) the definition of "engaging in business within the city"; and (2)
a uniform minimum licensing threshold under which a person would not have to obtain a
city's general business license; and
WHEREAS, the 2018 model included a $2,000 minimum threshold (or occasional
sale) exemption to establish when out-of-town or transient business are required to be
licensed. All business license cities adopted the model by January 1, 2019 (RCW
35.90.080; and
WHEREAS, the City of Port Orchard adopted Ordnance No. 028-18 on September
11, 2018, with an effective date January 1, 2019, which adopted no -fee registrations for
both out -of -city and in -city businesses that did not meet a threshold of $2000; and
WHEREAS, pursuant to Chapter 35.90 RCW, the City of Port Orchard partners with
the Department of Revenue's Business Licensing Services ("BLS") to issue and renew
business licenses; and
WHEREAS, pursuant to RCW 35.90.80-.090, cities that impose a general business
license are required to adopt the mandatory provisions of the state model ordinance; and
11106827.1 - 366922 - 0001
156
Ordinance No.
Page 2 of 3
WHEREAS, an update to the City's municipal code provisions to match the model
ordinance is required for 2026 to increase the threshold to $4000 and include an
automatic periodic increase based on cumulative inflation for every four years thereafter;
and
WHEREAS, current BLS partner cities must adopt the updated language by mid -
October (RCW 35.90.070), and provide notification to BLS in order to maintain its business
licensing program on January 1, 2026; and
WHEREAS, the City of Port Orchard has determined that approval of the updated
model business license threshold is in the best interest of the City, as it is necessary to
ensure continued compliance with state business license requirements; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Port Orchard Municipal Code Section 5.12.100 is hereby amended to read as
follows:
5.12.100 Licenses for businesses located outside city limits.
For purposes of the license by this chapter, any person or business whose annual value of products, gross proceeds
of sales, or gross income of the business in the city is equal to or less than $2000 and who does not maintain a place
of business within the city, shall submit a business license registration to the city finance director or designee. The
threshold does not apply to regulatory license requirements or activities that require a specialized permit. Peddlers
and hawkers shall apply for a business license. Businesses whose activities require a permit issued under the
jurisdiction of the Uniform Building Codes shall apply for a business license.
Beginning January 1, 2026, the threshold amount is $4000. The threshold amount will be adjusted every forty-eight
months on January 1, by an amount equal to the increase in the Consumer Price Index ("CPF") for "West Urban, All
Urban Consumers" (CPI -U) for each 12 -month period ending on June 30 as published by the United States
Department of Labor Bureau of Labor Statistics or successor agency. To calculate this adjustment, the current rate
will be multiplied by one plus the cumulative four-year (forty-eight month) CPI increase using each 12 -month
period ending on June 30 of each prior year, and rounded to the nearest $100. However, if any of the annual CPI
increases are more than five (5) percent, a five (5) percent increase will be used in computing the annual basis and if
any of the annual CPI decreased during the forty -eight -month period, a zero (0) percent increase will be used in
computing the annual basis.
SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
11106827.1- 366922 - 0001
157
Ordinance No.
Page 3 of 3
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect
January 1, 2026.
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 9th day of September 2025.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
11106827.1- 366922 - 0001
158
Chapter 35.90 RCW
MUNICIPAL BUSINESS LICENSING
Sections
35.90.010 Definitions.
35.90.020 Licensing as partnership with department —Partnership
priority —Biennial plan —Exception.
35.90.030 Licenses issued under business license act —Fee structures
—License renewal —Penalty accommodation —Inconsistent
ordinances.
35.90.040 Department enforcement of licensing laws.
35.90.050 Authority retained by cities.
35.90.060 Geographic restrictions on license requirement.
35.90.070 License change —When effective.
35.90.080 Adoption of model ordinance —Development committee —
Mandatory provisions —City registration.
35.90.090 Adoption of mandatory provisions of model ordinance.
35.90.100 Report.
RCW 35.90.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly requires
otherwise.
(1) "Business licensing service," "business licensing system,"
and "business license" have the same meaning as in RCW 19.02.020.
(2) "City" means a city, town, or code city.
(3) "Department" means the department of revenue.
(4) "General business license" means a license, not including a
regulatory license or a temporary license, that a city requires all or
most businesses to obtain to conduct business within that city.
(5) "Partner" means the relationship between a city and the
department under which general business licenses are issued and
renewed through the business licensing service in accordance with
chapter 19.02 RCW.
(6) "Regulatory business license" means a license, other than a
general business license, required for certain types of businesses
that a city has determined warrants additional regulation, such as
taxicab or other for hire vehicle operators, adult entertainment
businesses, amusement device operators, massage parlors, debt
collectors, door-to-door sales persons, trade -show operators, and
home -based businesses. [2017 c 209 s 1.]
RCW 35.90.020 Licensing as partnership with department —
Partnership priority —Biennial plan —Exception. (1) Except as
otherwise provided in subsection (7) of this section, a city that
requires a general business license of any person that engages in
business activities within that city must partner with the department
to have such license issued, and renewed if the city requires renewal,
through the business licensing service in accordance with chapter
19.02 RCW.
(a) Except as otherwise provided in subsection (3) of this
section, the department must phase in the issuance and renewal of
general business licenses of cities that required a general business
Certified on 7/12/2024 Combined Chapter 35.90 RCW Page 1 159
license as of July 1, 2017, and are not already partnering with the
department, as follows:
(i) Between January 1, 2018, and December 31, 2021, the
department must partner with at least six cities per year;
(ii) Between January 1, 2022, and December 31, 2027, the
department must partner with the remaining cities; or
(iii) Between July 1, 2017 and December 31, 2022, the department
must partner with all cities requiring a general business license if
specific funding for the purposes of this subsection (1)(a)(iii) is
appropriated in the omnibus appropriations act.
(b) A city that imposes a general business license requirement
and does not partner with the department as of January 1, 2018, may
continue to issue and renew its general business licenses until the
city partners with the department as provided in subsection (4) of
this section.
(2)(a) A city that did not require a general business license as
of July 1, 2017, but imposes a new general business license
requirement after that date must advise the department in writing of
its intent to do so at least 90 days before the requirement takes
effect.
(b) If a city subject to (a) of this subsection (2) imposes a new
general business license requirement after July 1, 2017, the
department, in its sole discretion, may adjust resources to partner
with the imposing city as of the date that the new general business
licensing requirement takes effect. If the department cannot
reallocate resources, the city may issue and renew its general
business license until the department is able to partner with the
city.
(3) The department may delay assuming the duties of issuing and
renewing general business licenses beyond the dates provided in
subsection (1)(a) of this section if:
(a) Insufficient funds are appropriated for this specific
purpose;
(b) The department cannot ensure the business licensing system is
adequately prepared to handle all general business licenses due to
unforeseen circumstances;
(c) The department determines that a delay is necessary to ensure
that the transition to mandatory department issuance and renewal of
general business licenses is as seamless as possible; or
(d) The department receives a written notice from a city within
60 days of the date that the city appears on the department's biennial
partnership plan, which includes an explanation of the fiscal or
technical challenges causing the city to delay joining the system. A
delay under this subsection (3)(d) may be for no more than three
years.
(4)(a) In consultation with affected cities and in accordance
with the priorities established in subsection (5) of this section, the
department must establish a biennial plan for partnering with cities
to assume the issuance and renewal of general business licenses as
required by this section. The plan must identify the cities that the
department will partner with and the dates targeted for the department
to assume the duties of issuing and renewing general business
licenses.
(b) By January 1, 2018, and January 1st of each even -numbered
year thereafter until the department has partnered with all cities
that currently impose a general business license requirement and that
have not declined to partner with the department under subsection (7)
Certified on 7/12/2024 Combined Chapter 35.90 RCW Page 2 160
of this section, the department must submit the partnering plan
required in (a) of this subsection (4) to the governor; legislative
fiscal committees; house local government committee; senate financial
institutions, economic development and trade committee; senate local
government committee; affected cities; association of Washington
cities; association of Washington business; national federation of
independent business; and Washington retail association.
(c) The department may, in its sole discretion, alter the plan
required in (a) of this subsection (4) with a minimum notice of 30
days to affected cities.
(5) When determining the plan to partner with cities for the
issuance and renewal of general business licenses as required in
subsection (4) of this section, cities that notified the department of
their wish to partner with the department before January 1, 2017, must
be allowed to partner before other cities.
(6) A city that partners with the department for the issuance and
renewal of general business licenses through the business licensing
service in accordance with chapter 19.02 RCW may not issue and renew
those licenses.
(7)(a) Except as provided in (b) of this subsection, a city may
decline to partner with the department for the issuance and renewal of
a general business license as provided in subsection (1) of this
section if the city participates in the online local business license
and tax filing portal known as "FileLocal" as of July 1, 2020.
(b) A city that receives at least $1,950,000 in fiscal year 2020
for temporary streamlined sales tax mitigation under the 2019 omnibus
appropriations act, section 722, chapter 415, Laws of 2019, may
decline to partner with the department for the issuance and renewal of
a general business license as provided in subsection (1) of this
section if the city participates in FileLocal as of July 1, 2021.
(c) For the purposes of this subsection (7), a city is considered
to be a FileLocal participant as of the date that a business may
access FileLocal for purposes of applying for or renewing that city's
general business license and reporting and paying that city's local
business and occupation taxes. A city that ceases participation in
FileLocal after July 1, 2020, or July 1, 2021, in the case of a city
eligible for the extension under (b) of this subsection, must partner
with the department for the issuance and renewal of its general
business license as provided in subsection (1) of this section. [2023
c 374 s 5; 2020 c 139 s 59; 2017 c 209 s 2.]
RCW 35.90.030 Licenses issued under business license act —Fee
structures —License renewal —Penalty accommodation —Inconsistent
ordinances. (1) A general business license that must be issued and
renewed through the business licensing service in accordance with
chapter 19.02 RCW is subject to the provisions of this section.
(2)(a) A city has broad authority to impose a fee structure as
provided by RCW 35.22.280, 35.23.440, and 35A.82.020. However, any fee
structure selected by a city must be within the department's technical
ability to administer. The department has the sole discretion to
determine if it can administer a city's fee structure.
(b) If the department is unable to administer a city's fee
structure, the city must work with the department to adopt a fee
structure that is administrable by the department. If a city fails to
comply with this subsection (2)(b), it may not enforce its general
Certified on 7/12/2024 Combined Chapter 35.90 RCW Page 3 161
business licensing requirements on any person until the effective date
of a fee structure that is administrable by the department.
(3) A general business license may not be renewed more frequently
than once per year except that the department may require a more
frequent renewal date as may be necessary to synchronize the renewal
date for the general business license with the business's business
license expiration date.
(4) The business licensing system need not accommodate any
monetary penalty imposed by a city for failing to obtain or renew a
general business license. The penalty imposed in RCW 19.02.085 applies
to general business licenses that are not renewed by their expiration
date.
(5) The department may refuse to administer any provision of a
city business license ordinance that is inconsistent with this
chapter. [2017 c 209 s 3.]
RCW 35.90.040 Department enforcement of licensing laws. The
department is not authorized to enforce a city's licensing laws except
to the extent of issuing or renewing a license in accordance with this
chapter and chapter 19.02 RCW or refusing to issue a license due to an
incomplete application, nonpayment of the appropriate fees as
indicated by the license application or renewal application, or the
nonpayment of any applicable penalty for late renewal. [2017 c 209 s
4.]
RCW 35.90.050 Authority retained by cities. Cities whose
general business licenses are issued through the business licensing
system retain the authority to set license fees, provide exemptions
and thresholds for these licenses, approve or deny license applicants,
and take appropriate administrative actions against licensees. [2017
c 209 s 5.]
RCW 35.90.060 Geographic restrictions on license requirement.
Cities may not require a person to obtain or renew a general business
license unless the person engages in business within its respective
city. For the purposes of this section, a person may not be considered
to be engaging in business within a city unless the person is subject
to the taxing jurisdiction of a city under the standards established
for interstate commerce under the commerce clause of the United States
Constitution. [2017 c 209 s 6.]
RCW 35.90.070 License change —When effective. (1) Except as
provided in subsection (2) of this section, a general business license
change enacted by a city whose general business license is issued
through the business licensing system takes effect no sooner than 75
days after the department receives notice of the change if the change
affects in any way who must obtain a license, who is exempt from
obtaining a license, or the method of determining any fee for the
issuance or renewal of a license.
(2) If a general business license change enacted by a city whose
general business license is issued through the business licensing
system only affects the amount of the fee for the issuance or renewal
Certified on 7/12/2024 Combined Chapter 35.90 RCW Page 4 162
of the license, the change takes effect no sooner than 10 business
days after the department receives notice of the change. [2024 c 270
s 2; 2017 c 209 s 7.]
RCW 35.90.080 Adoption of model ordinance —Development committee
—Mandatory provisions —City registration. (1)(a) The cities, working
through the association of Washington cities, must form a model
ordinance development committee made up of a representative sampling
of cities that impose a general business license requirement. This
committee must work through the association of Washington cities to
adopt a model ordinance on general business license requirements by
July 1, 2018. The model ordinance and subsequent amendments developed
by the committee must be adopted using a process that includes
opportunity for substantial input from business stakeholders and other
members of the public. Input must be solicited from statewide business
associations and from local chambers of commerce and downtown business
associations in cities that require a person that conducts business in
the city to obtain a general business license.
(b) The department, association of Washington cities, and
municipal research and services center must post copies of, or links
to, the model ordinance on their internet websites. Additionally, a
city that imposes a general business license requirement must make
copies of its general business license ordinance or ordinances
available for inspection and copying as provided in chapter 42.56 RCW.
(c) The definitions in the model ordinance may not be amended
more frequently than once every four years, except that the model
ordinance may be amended at any time to comply with changes in state
law or court decisions. Any amendment to a mandatory provision of the
model ordinance must be adopted with the same effective date by all
cities.
(2) A city that imposes a general business license requirement
must adopt the mandatory provisions of the model ordinance by January
1, 2019. The following provisions are mandatory:
(a) A definition of "engaging in business within the city" for
purposes of delineating the circumstances under which a general
business license is required;
(b) A uniform minimum licensing threshold under which a person
would be relieved of the requirement to obtain a city's general
business license. A city retains the authority to create a higher
threshold for the requirement to obtain a general business license but
must not deviate lower than the level required by the model ordinance.
(3)(a) A city may require a person that is under the uniform
minimum licensing threshold as provided in subsection (2) of this
section to obtain a city registration with no fee due to the city.
(b) A city that requires a city registration as provided in (a)
of this subsection must partner with the department to have such
registration issued through the business licensing service in
accordance with chapter 19.02 RCW. This subsection (3)(b) does not
apply to a city that is excluded from the requirement to partner with
the department for the issuance and renewal of general business
licenses as provided in RCW 35.90.020. [2017 c 209 s 8.]
RCW 35.90.090 Adoption of mandatory provisions of model
ordinance. Cities that impose a general business license must adopt
Certified on 7/12/2024 Combined Chapter 35.90 RCW Page 5 163
the mandatory provisions of the model ordinance as provided in RCW
35.90.080 by January 1, 2019. A city that has not complied with the
requirements of this section by January 1, 2019, may not enforce its
general business licensing requirements on any person until the date
that the mandatory provisions of the model ordinance take effect
within the city. [2017 c 209 s 9.1
RCW 35.90.100 Report. Cities must coordinate with the
association of Washington cities to submit a report to the governor;
legislative fiscal committees; house local government committee; and
the senate agriculture, water, trade and economic development
committee by January 1, 2019. The report must:
(1) Provide information about the model ordinance adopted by the
cities as required in RCW 35.90.080;
(2) Identify cities that have and have not adopted the mandatory
provisions of the model ordinance; and
(3) Incorporate comments from statewide business organizations
concerning the process and substance of the model ordinance. Statewide
business organizations must be allowed thirty days to submit comments
for inclusion in the report. [2017 c 209 s 10.]
Certified on 7/12/2024 Combined Chapter 35.90 RCW Page 6 164
Q9 City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Items: Adoption of a Resolution Approving Amendment No.1 to C062-23 Salish Behavioral
Health Contract Amendment (Crocker)
Meeting Date: September 9, 2025
Prepared By: Noah Crocker, M.B.A., Finance Director
Presenter: Noah Crocker, M.B.A., Finance Director
Summary and Background: In April 27, 2022, with Contract C067-22 the City Council authorized the
City's participation in the first settlement of the multi -district litigation matters brought against opioid
pharmaceutical supply chain participants by many states, including Washington. As a result of the
City's participation, the City is entitled to payment of an amount yet to be determined (estimated at
approximately $184,485.60) over the next seven (7) years. These funds are a culmination of multiple
settlements with defendants in this litigation, as follows:
• On March 12, 2024 per Resolution 017-24 the City Council authorized the City's participation the
settlement of defendants Johnson & Johnson and other related entities that are manufacturers
and distributors of prescription opioids in the amount of $123.3 million dedicated to abating the
opioid crisis in Washington.
On July 9, 2024 per Resolution 037-24 the City Council authorized the City's participation the
settlement of defendants Kroger in the amount of $47 million dedicated to abating the opioid
crisis in Washington.
On November 21, 2024 the City received $4,272.46 from a settlement with McKinsey. According
to the Attorney General's Office McKinsey, is not part of the One Washington MOU. Washington
and the other States settled with McKinsey several years ago, but cities and counties were not
part of that settlement. Cities and counties filed class action lawsuits that eventually settled.
This is the city's settlement payment for the class action settlement. McKinsey was a consultant
to Purdue in its opioid business and also did some work for J&J/Janssen. The website has more
details: re McKinsey & Co., Inc. National Prescription Opiate Consultant Litigation, No. 21-md-
02996-CRB. According to the attorney general's office this was a one-time settlement payment.
On August 12, 2025 per Resolution 051-25 the City Council authorized the City's participation
the settlement of defendants Purdue Pharma and the Sackler Family, and the Generic
Manufacturers Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus in the amount
of $122.2 million payable over the next 15 years, dedicated to abating the opioid crisis in
Washington.
165
Again, these settlements were a result of lawsuits filed by a consortium of public agencies across the
United States against the manufacturers and distributors of prescription opioids. These plaintiffs
alleged that the manufacturers of prescription opioids grossly misrepresented the risks of long-term
use of those drugs for persons with chronic pain, and distributors failed to properly monitor suspicious
orders of those prescription drugs --all of which contributed to the current opioid epidemic. All
litigation was consolidated by order of the Court into a class action; all cities in Washington with a
population of over 10,000 were participating members of the class action, managed by the Attorney
General's Office.
The settlement funds received by the City from these matters must be utilized for specific purposes
outlined in the Settlement Agreements, including but not limited to efforts to support treatment of
Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH)
conditions, co -usage, and/or co -addiction through evidence -based, evidence -informed, or promising
programs or strategies. The Settlement Agreement contemplates collaborative use of available funds
and sets benchmarks for documented permitted uses and reporting requirements.
In 2023, the City Council authorized the City's partnership with Salish Behavioral Health Administrative
Services Organization (SBH-ASO) for the efficient and effective use of the City's settlement funds for
the intended purposes. With the City Council's approval, the City and SBH-ASO executed an Interlocal
Agreement outlining the terms of the partnership whereby the City tenders its settlement funds to
SBH-ASO to fund approved opioid remediation uses overseen by SBH-ASO within the City.
Since 2023, the receipt of additional settlement funds has triggered a necessary amendment to the
SBH-ASO contract to incorporate these funds into the scope of the partnership. The proposed
amendment would make this edit to the ILA, and has been executed by the County.
Relationship to Comprenhensive Plan: TBD
Recommendation: Staff recommends the Council authorize the Mayor to execute Amendment No.1
to Contract C062-23 with Salish Behavioral Health Administrative Services Organization for use of the
City's settlement proceeds from the opioid multi -district litigation.
Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute
Amendment No. 1 to the Interlocal Agreement with Salish Behavioral Health Administrative Services
Organization for use of the City's settlement proceeds from the opioid multi -district litigation.
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: As of 06.30.2025, the balance is $157,038 and allocates all collected opioid settlement
revenues for use by Salish Behavioral Heath Admin. per the ILA agreement.
Alternatives: Do not approve and provide alternative guidance.
Attachments:
2025.09.09 -Resolution -Amendment No.1- ILA for Opioid-FINAL.docx
Salish First Amendment.pdf
166
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH
SALISH BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION TO
ADMINISTER OPIOID SETTLEMENT FUNDS.
WHEREAS, in 2022, the City Council authorized the City's participation the settlement of the
multi -district litigation matters brought against opioid pharmaceutical supply chain participants, and a
result of the City's participation, the City is entitled to payment of approximately $184,485.60 over the
next seven (7) years; and
WHEREAS, the settlement funds are for opioid abatement, including opioid education,
treatment and remediation of impacts that opioids have had in the Port Orchard community; and
WHEREAS, the City adopted resolution 080-23 and executed contract C063-23 with Salish
Behavioral Health Administrative Services Organization (SBH-ASO) to provide health and human services
to utilize these funds in an efficient and effective way; and
WHEREAS, additional opioid settlement funds are now available to the City through Settlement
2 (Manufacturing), Settlement 3 (Pharmacy), and Settlement 4 (Purdue Pharma Purdue Pharma, Sackler
Family, Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus) and such funds qualify as
"Opioid Funds" as defined in the original Agreement; and
WHEREAS, the Parties desire to amend the Agreement to specifically include the management
and administration of these additional funds; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: The Mayor is authorized to execute an Interlocal Agreement similar to the form
attached hereto as Exhibit A, in a form acceptable to the City Attorney.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the
City Clerk in authentication of such passage this 9th day of September 2025.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
167
FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN
CITY OF PORT ORCHARD AND SALISH BEHAVIORAL HEALTH
ADMINISTRATIVE SERVICES ORGANIZATION
This First Amendment to the Interlocal Agreement ("Amendment") is entered into by and
between the City of Port Orchard ("City") and the Salish Behavioral Health Administrative
Services Organization ("SBH-ASO"), through Kitsap County, its administrative entity,
collectively referred to as the "Parties."
RECITALS
• WHEREAS, the Parties entered into an Interlocal Agreement dated July 25, 2023 (the
"Agreement"), to administer opioid settlement funds for Approved Purposes as defined
therein;
• WHEREAS, additional opioid settlement funds are now available to the City through
Settlement 2 (Manufacturing) and Settlement 3 (Pharmacy), and such funds qualify as
"Opioid Funds" as defined in the original Agreement;
• WHEREAS, additional opioid settlement funds are now available to the City through
Settlement 4 (Purdue Pharma Purdue Pharma, Sackler Family, Alvogen, Amneal, Apotex,
Hikma, Indivior, Mylan, Sun, and Zydus) and such funds qualify as "Opioid Funds" as
defined in the original Agreement; and
• WHEREAS, the Parties desire to amend the Agreement to specifically include the
management and administration of these additional funds.
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:
1. Recognition of Additional Opioid Funds
Section 1 (Recitals) and Section 4 (Funding Management) of the original Agreement are hereby
amended to include Settlement 2 (Manufacturing), Settlement 3 (Pharmacy), Settlement 4
(Purdue Pharma, etc.) as sources of "Opioid Funds" governed by the Agreement, as amended.
2. Use and Oversight of Additional Funds
The Parties agree that all funds received from Settlement 2, 3 and 4 shall be subject to the same
Approved Purposes, accounting, auditing, transparency, and reporting requirements outlined in
the Agreement, as amended.
3. Administrative Fee
The 10% administrative fee outlined in Section 5 of the Agreement shall apply to the Settlement
2, Settlement 3, and Settlement 4 funds, unless otherwise negotiated in writing.
4. No Other Changes
Except as specifically amended herein, all terms and conditions of the Agreement shall remain in
full force and effect.
11101898.1 - 036505 - 0012
168
5. Effective Date
This Amendment shall be effective upon full execution by the Parties.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates written
below.
CITY OF PORT ORCHARD
By:
Rob Putaansuu, Mayor
Date:
Attest:
Brandy Wallace, MMC, City Clerk
SALISH BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION
By:
Mark zias, Chair
Date: 8-26-25
11101898.1 - 036505 - 0012
169
Ong City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
1.. (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Items: Adoption of a Resolution Approving a Professional Services Agreement with Consor
North America, Inc. for the Design of the Old Clifton Intertie Project. (Ryan)
Meeting Date: September 9, 2025
Prepared By: Sayre Thompson, PW Procurement Specialist
Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director
Summary and Background: The City of Port Orchard has identified the need for a new water system
intertie, known as the Old Clifton Intertie Project. This project will improve water source redundancy,
increase resiliency, and reduce reliance on supply from an adjacent water purveyor. The work includes
construction of a new booster pump station, a pressure reducing valve facility, and approximately
5,800 feet of 12 -inch water main along SW Old Clifton Road to connect the City's 580 -pressure zone to
the 390 -pressure zone.
On June 20, 2025, the City issued a Request for Qualifications seeking firms with expertise in water
pipeline and pump station design. Four firms submitted Statements of Qualifications by the July 21
deadline. After scoring the submittals, the City interviewed two firms. Based on this process, staff
determined that Consor North America, Inc. was the most qualified, responsible, and responsive
consultant to perform the work.
Following interviews, staff met with Consor to discuss project scope and contract terms. Consor
provided a defined Scope of Services and detailed fee estimate in the amount of $998,934. The
current scope includes preliminary and 60 percent design, permitting, and bid support. Final design
and construction phase services will be brought forward under a future amendment.
Relationship to Comprenhensive Plan: 7 - Utilities
Recommendation: Staff recommends adoption of a Resolution authorizing the Mayor to execute a
Professional Services Agreement with Consor North America, Inc. for the design of the Old Clifton
Intertie Project in the amount of $998,934.
Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute a
Professional Services Agreement with Consor North America, Inc. for the design of the Old Clifton
Intertie Project in the amount of $998,934.
Has item been presented to Committee/Work Study? If so, which one: N/A
170
Fiscal Impact: Water Capital Improvement Plan #08 -The Old Clifton Water Main 390-580 Intertie is
funded from 25% Water Operations and 75% Water Capital Facility Charges.
The total contract amount is $998,934 for 60% design. Funding is available in the City's adopted
budget for water utility capital projects. However, a future budget amendment will be required to
move design from 60 to 100%.
Alternatives: Do not approve and provide alternative guidance.
Attachments:
CONTRACT - Old Clifton Intertie Design.pdf
RESOLUTION -Old _Clifton _Intertie(11105856.1).docx
171
Port Orchard Contract #:
Authorized Amount: $998, 934.00
Date Start: 9/9/2025
Date End: 12/1/2027
CONSULTANT SERVICES AGREEMENT
OLD CLIFTON INTERTIE DESIGN
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 Consor North
America, Inc., ("Consultant") organized under the laws of the State of Washington located and doing
business at 600 UNIVERSITY ST STE 300 SEATTLE WA 98101-4196 (hereinafter the "Consultant").
RECITALS:
WHEREAS, the City desires to have certain services performed for its residents; and
WHEREAS, the City has selected the Consultant to perform such services pursuant to certain
terms and conditions; and
WHEREAS, the City complied with the requirements for hiring Consultant contained in Chapter
39.80 RCW;
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 by this 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.
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2. Compensation.
The City shall pay the Consultant for services rendered according to the rates and methods set forth
below.
[Check all applicable payment terms]
❑ 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
$998,934.00 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
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services rendered within ten (10) days after City Council voucher approval. However, if the City objects
to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to
settle the disputed portion.
F. The City reserves the right to direct the Consultant's compensated services before
reaching the maximum amount.
4. Duration of Agreement.
A. This Agreement shall be in full force and effect for a period commencing on 9/9/2025
and ending 12/1/2027 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.
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. OwnershiD 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
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with the Act. The City may be required, upon request, to disclose the Agreement, and the documents
and records submitted to the City by Consultant, unless an exemption under the Public Records Act
applies. If the City receives a public records request and asks Consultant to search its files for responsive
records, Consultant agrees to make a prompt and thorough search through its files for responsive
records and to promptly turn over any responsive records to the City's public records officer at no cost
to the City.
7. Relationship of the Parties; Independent Consultant.
The Parties intend that an independent contractor -client relationship will be created by this
Agreement. As the Consultant is customarily engaged in an independently established trade which
encompasses the specific service provided to the City hereunder, no agent, employee, representative
or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub -consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work,
the City being interested only in the results obtained under this Agreement. None of the benefits
provided by the City to its employees, including, but not limited to, compensation, insurance, and
unemployment insurance are available from the City to the employees, agents, representatives, or sub -
consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or contributing to the State Industrial Insurance Program, or
otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its
agents, employees, representatives, and sub -consultants during the performance of this Agreement.
The City may, during the term of this Agreement, engage other independent contractors to perform
the same or similar work that the Consultant performs hereunder.
8. Indemnification.
Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and
volunteers harmless from any and all claims, injuries, damages, losses or suits including 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.
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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:
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
limits:
Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
ii. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
iii. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial
General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain,
that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not
contribute with it.
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D. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A -VII.
E. Verification of Coverage. The Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant before
commencement of the work.
F. Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain
the insurance as required shall constitute a material breach of contract, upon which the City may, after
giving five business days' notice to the Consultant to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Consultant from the City.
H. No Limitation. Consultant's maintenance of insurance as required by the
Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
10. Record Keeping and Reporting.
A. The Consultant shall maintain accounts and records, including personnel,
property, financial, and programmatic records, which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed pursuant to this Agreement. The
Consultant shall also maintain such other records as may be deemed necessary by the City to ensure
proper accounting of all funds contributed by the City to the performance of this Agreement.
B. The foregoing records shall be maintained for a period of seven (7) years after
termination of this Agreement unless permission to destroy them is granted by the Office of the
Archivist in accordance with Chapter 40.14 RCW and by the City.
11. City's Right of Inspection and Audit.
A. Even though the Consultant is an independent contractor with the authority to control
and direct the performance and details of the work authorized under this Agreement, the work must
meet the approval of the City and shall be subject to the City's general right of inspection to secure the
satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or become applicable within the terms of this
Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by
this Agreement or accruing out of the performance of such operations.
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B. The records and documents with respect to all matters covered by this Agreement shall
be subject at all times to inspection, review or audit by the City during the performance of this
Agreement. All work products, data, studies, worksheets, models, reports, and other materials in
support of the performance of the service, work products, or outcomes fulfilling the contractual
obligations are the products of the City.
12. Work Performed at the Consultant's Risk.
The Consultant shall take all precautions necessary and shall be responsible for the safety of its
employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all
protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the
Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or
held by the Consultant for use in connection with the work.
13. Termination.
A. Termination without cause. This Agreement may be terminated by the City at any time
for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment
for the benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after
receiving written notice of the default.
C. Rights Upon Termination.
i. With or Without Cause. Upon termination for any reason, all finished or
unfinished documents, reports, or other material or work of the Consultant pursuant to this
Agreement shall be submitted to the City, and the Consultant shall be entitled to just and
equitable compensation for any satisfactory work completed prior to the date of termination,
not to exceed the total compensation set forth herein. The Consultant shall not be entitled to
any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to
anticipated profit on work not performed because of such termination. The Consultant shall use
its best efforts to minimize the compensation payable under this Agreement in the event of
such termination. Upon termination, the City may take over the work and prosecute the same
to completion, by contract or otherwise.
ii. Default. If the Agreement is terminated for default, the Consultant shall
not be entitled to receive any further payments under the Agreement until all work called for
has been fully performed. Any extra cost or damage to the City resulting from such default(s)
shall be deducted from any money due or coming due to the Consultant. The Consultant shall
bear any extra expenses incurred by the City in completing the work, including all increased
costs for completing the work, and all damage sustained, or which may be sustained, by the
City by reason of such default.
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D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's
reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of
services under this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person,
termination shall be effective immediately upon the Consultant's receipt of the City's written notice or
such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be
given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall
indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the
address set forth in the "Notices" Section herein.
F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may
otherwise have for the violation or nonperformance of any provisions of this Agreement.
14. Discrimination Prohibited.
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state,
or local law or ordinance, except for a bona fide occupational qualification.
B. Violation of this Section shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may
result in ineligibility for further work for the City.
15. Force Majeure.
Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services,
labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws,
regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency
(including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other
significant public health risk), governmental edicts, actions, declarations or quarantines by a
governmental entity or health organization, breaches in cybersecurity, and other causes beyond the
reasonable control of the Party obligated to perform, regardless of whether such other causes are (i)
foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph
(collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any
such prevention, delay or stoppage. To the extent this Agreement specifies a time period for
performance of an obligation of either Party, that time period shall be extended by the period of any
delay in such Party's performance caused by a Force Majeure. Provided however, that the current
COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's
performance that result from the pandemic become substantially more onerous after the effective
date of this Agreement.
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16. Assignment and Subcontract.
The Consultant shall not assign or subcontract any portion of the services contemplated by this
Agreement without the prior written consent of the City. Any assignment made without the prior
approval of the City is void.
17. Conflict of Interest.
The Consultant represents to the City that it has no conflict of interest in performing any of the services
set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with
which it may have a conflict, Consultant will immediately disclose such conflict to the City.
18. Confidentiality.
All information regarding the City obtained by the Consultant in performance of this Agreement shall
be considered confidential. 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.
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No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless
in writing and signed by a duly authorized representative of the City and the Consultant.
23. Notices.
All notices or other communications required or permitted under this Agreement shall be in writing
and shall be (a) personally delivered, in which case the notice or communication shall be deemed given
on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage
prepaid, return receipt requested, in which case the notice or communication shall be deemed given
three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight
delivery using a nationally recognized overnight courier service, in which case the notice or
communication shall be deemed given one business day after the date of deposit with such courier. In
addition, all notices shall also be emailed, however, email does not substitute for an official notice.
Notices shall be sent to the following addresses:
Notices to the City of Port Orchard shall be sent to the following address:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, Washington 98366
BwaIlace@cityofportorchard.us
Phone: 360.876.4407 Fax: 360.895.9029
Notices to the Consultant shall be sent to the following address:
Phone No.:
Email:
24. Resolution of Disputes; Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the
term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise
between the parties relative to the actual services provided or to the sufficiency of the performance
hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions
of this Agreement which cannot be resolved by 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.
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C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement,
the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable
attorneys' fees from the other Party.
25. Compliance with Laws.
The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that
are now effective or in the future become applicable to Consultant's business, equipment, and
personnel engaged in operations covered by this Agreement or accruing out of the performance of
those operations.
26. Title VI.
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
A. Compliance with Regulations. The Consultant will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time,
which are herein incorporated by reference and made a part of this Agreement.
B. Nondiscrimination. The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability,
income -level, or LEP in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Consultant will not participate directly or indirectly in the
discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto
and incorporated herein by this reference, including employment practices when this Agreement
covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations
under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds
of race, color, national origin, sex, age, disability, income -level, or LEP.
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
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the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City or the
FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the
non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
i. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
ii. cancelling, terminating, or suspending the Agreement, in whole or in part.
F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take
action with respect to any subcontract or procurement as the City or the FHWA may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the Consultant may request the City to enter into any litigation to protect the interests of the
City. In addition, the Consultant may request the United States to enter into the litigation to protect
the interests of the United States.
27. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall constitute an
original, and all of which will together constitute this one Agreement.
28. Severability.
Any provision or part of this Agreement held to be void or unenforceable under any law or regulation
shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the
City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken
provision or part with a valid and enforceable provision that comes as close as reasonably possible to
expressing the intent of the stricken provision.
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IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the
dates listed below.
CONSULTANT
By:
Title:
Date:
City of Port Orchard and Consor North America
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CITY OF PORT ORCHARD
Robert Putaansuu, Mayor
Date:
ATTEST/AUTHENTICATE
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM
Port Orchard City Attorney's Office
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EXHIBIT A
Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but
not limited to, the following outlined here or attached separately.
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EXHIBIT A
SCOPE OF SERVICES
OLD CLIFTON INTERTIE PROJECT
CITY OF PORT ORCHARD
Introduction
Consor North America, Inc. (Consor) has developed this Scope of Services (Scope) and accompanying fee
estimate to provide engineering services for the Old Clifton Intertie project (Project). The scope and fee
have been developed based on discussions with City of Port Orchard (City) staff and Consor's understanding
of the project.
The consultant team is led by Consor as the prime consultant and includes sub -consultants CG Engineering
(CG) for structural engineering services, Landau Associates (Landau) for environmental permitting,
Industrial Systems Inc. (IS) for electrical, instrumentation, and controls, Driftmier Architects (Driftmier) for
architectural services, Sage Geotechnical (Sage) for geotechnical engineering services, AES Consultants, Inc
(AES) for surveying and base mapping services, Applied Professional Services, Inc. (APS) for utility potholing
services, Tierra Right of Way Service, Limited (Tierra) for property acquisition support, and ASM Affiliates
(ASM) for cultural resources services.
Project Understanding
The Project involves a design of a water system intertie between the City's water system and the
McCormick Woods water system. The project includes design of one (1) new booster pump station (BPS)
and Pressure Reducing Valve (PRV) Facility, and water main to connect the 580 Zone to the 390 Zone. The
BPS and PRV Facility is anticipated to be located along SW Old Clifton Road in a City -owned parcel. The
interconnecting water main is planned to be located within the public right-of-way for SW Old Clifton Road.
The design phase of the Project includes the preparation of plans, specifications, contract documents (using
the City's standard contract documents), permitting, and engineering opinions of probable construction
costs (OPCC) needed for the bidding, and construction of the following design elements:
The New BPS and PRV Facility is anticipated to include:
• CMU building (approximately 2,000 square feet)
• Three (3) booster pumps to flow water from the 390 Zone to the 580 Zone
• The pumping capacity of each pump is estimated to be 750 gpm each; the capacity will be
confirmed during preliminary design
• The pumps are anticipated to have variable frequency drives to meet water system demand; the
configuration and type will be confirmed during preliminary design
• Two (2) PRVs to flow water from the 580 Zone to the 390 Zone; the PRVs are assumed to reside
within the BPS building and will be confirmed during preliminary design
• Isolation valves and metering
• Manual crane or similar for equipment removal and replacement
• On -site standby power generation and automatic transfer switch
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• Electrical equipment for the facility
• Utility sink and sample taps for water quality testing
• Building HVAC
• Building security equipment including intrusion alarms, and card reader access control
• Instrumentation equipment including flow meters, pressure transmitters, valve position indication,
smoke detection and flood detection
• SCADA control panel
Site Development for the new facility is anticipated to include:
• Site grading
• Site piping to connect to the water main
• Site piping for a facility sewer drain connection
• Paved access driveway and parking for a minimum of two security vehicles
• Stormwater management
• Security measures, including site lighting and fencing
• Landscaping
Approximately 5,800 linear feet of 12 -inch diameter water main:
• The new water main will be located within SW Old Clifton Road
• The water main will connect the 390 Zone to the 580 Zone
• New water main piping material anticipated to be ductile iron (DI)
• There will be up to three (3) connections to the existing water system
• No water service connections to the new water main will be included in the design; however, the
water main may have future service connections
• Individual PRV locations will be included, with elevations
• Hydrant and isolation valve locations will be included per City Standards
• Roadway restoration design will be completed per City and/or Kitsap County Standards as
applicable
The Project requires Washington State Department of Health (DOH) Project Report approval.
Scope of Services
The Scope of Services includes the preliminary design and 60% design project phases. Tasks include the
following elements:
■ Objective: Summary of the goals that will be achieved by the task
■ Activities: Project elements and efforts that will be completed by the Consor project team
■ Deliverables: The finished product that will be delivered to the City
■ Assumptions: Assumptions used to develop each task
City staff will be actively engaged throughout the project, utilizing a series of meetings, workshops, and
presentations to solicit City input and develop consensus at key points in the design process. Tasks in this
Scope of Services include:
■ Task 1— Project Management
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■ Task 2 — Data Collection, Field Work, and Documentation
■ Task 3— Preliminary Design
■ Task 4— 60% Design
■ Task 5 — Unanticipated Services
Tasks 3 and 4 have sub -tasks for the BPS and PRV Facility and the water main designs. A detailed breakdown
of the tasks and subtasks that comprise the Scope of Services follows and aligns with the tasks included in
the Fee Estimate included as Exhibit B.
Final design, engineering services during construction, construction observation, and special inspections
are not included in the Scope of Services. Specific scope and budget may be added by Contract Amendment
once the 60% design phase for the facilities has been approved by the City.
Task 1 - Project Management
Objective
Provide overall leadership and team strategic guidance aligned with City staff objectives. Coordinate,
monitor, and control the project resources to meet the technical, communication, and contractual
obligations required for implementing the project scope.
Activities
1.1 Invoices/Status Reports
Prepare monthly invoices, including expenditures by task, hours worked by project personnel, and other
direct expenses with the associated backup documentation. Monthly status reports to accompany each
invoice and include comparisons of monthly expenditures and cumulative charges to budget by task,
including cost -to -complete, earned value, cash flow, and sub -consultant participation. Monthly status
reports to include schedule updates if the schedule shifts.
1.2 Project Kickoff Meeting
Prepare for and attend project kickoff meeting with staff and key team members. Prepare a detailed
meeting agenda and distribute before the kickoff meeting for City review. Prepare and distribute notes
after the meeting. Kickoff meeting will be in person and will be attended by 10 members of the Consor
team. The meeting will be up to four (4) hours in duration total, including site tour, excluding travel time.
1.3 Coordination with City Staff
Coordinate with City staff by regular status reports, monthly status meetings, weekly telephone
communication, and e-mail during the project. City PM to be copied on all email communications with City
staff. Bi-weekly meetings between Consor and the City project manager are assumed to be an average of
45 minutes in length and will occur virtually via telephone or Microsoft Teams.
1.4 Consultant Team Coordination
Coordinate with and manage project team, including subconsultants on specific tasks, scope, and budget
to facilitate execution of the Scope of Services. Internal team coordination to include one -hour, bi-weekly
team conference calls with discipline leads and key team members.
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1.5 Development of Project Management Plan
Develop Project Management Plan (PMP) that includes the signed contract, work assignments, project work
plans, communication protocol, quality control plan, schedule, health and safety plan (HASP), and invoicing
procedures.
1.6 Decision Log
Develop, maintain, and monitor a decision log to document major project decisions.
Deliverables
■ Monthly invoice and status report covering:
o Work on the project performed during the previous month
o Meetings attended
o Problems encountered and actions taken for their resolution
o Potential impacts to submittal dates, budget shortfalls or optional services
o Budget Analysis
o Updated monthly schedule, when applicable
o Issues requiring project team action
■ Draft and Final PMP in PDF format
■ Kickoff meeting agenda and notes
■ Decision log form
Assumptions
■ Notice to Proceed date by September 17, 2025.
■ Project duration is anticipated to be 10 months.
■ Non-bi-weekly meeting agenda will be submitted to City in advance of meetings and workshops for
City review and input.
■ City reviews:
o Review period for deliverables is 10 working days.
o Review comments will be compiled into a single document before submitting them to
Consor.
■ Assume 10 progress payments/status reports.
■ Project workshops and design review meetings are included in later tasks.
■ Project schedule will be developed and maintained using MS Project; includes up to three (3)
updates.
Task 2 — Data Collection, Field Work, and Documentation
Objective
Collect existing background information and perform field reconnaissance to collect data to aid in
completing design tasks.
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Activities
2.1 Topographic Surveying and Mapping
Research historic property records, survey records and survey monumentation within the project area to
determine the methods for computing property boundaries and establishing a fixed horizontal and vertical
control network. From this information, identify the approach to compute property boundaries, identify
and resolve conflicting documentation to provide an overall project boundary.
Establish control points along the entire route to be used for surveying and by the contractor during
construction. Property boundaries and right of ways will be computed based upon found and acceptable
surveying monuments and practices.
Contact Washington "One Call" Locate Service before conducting survey and contract with private utility
locate contractor to mark underground utilities within the project area. Utilities will be located using
standard radio frequency locating devices (for conductible utilities). Utilities to be located include natural
gas mains and services, primary and secondary power, cable TV, water mains and services, stormwater
drainage pipes and structures, sewer main and laterals, and telecommunications (including fiber optics, if
identifiable by standard radio frequency devices). Locate the paint marks identifying underground utilities
as part of its topographic survey services. Utilities which cannot be located by this method will not be
located.
Provide topographic survey locations and elevations of existing, visible physical surface features, edges of
pavement, shoulders, overhead utility features, and marked underground utilities, walls and substantial
improvements within the project area.
Features to be identified, located, and mapped will generally include, but may not be limited to:
• Streets (paved and gravel surfaces, driveways, curb, gutter, and sidewalks).
• Tops and toes of drainage ditches and streams.
• Storm drainage catch basins, manholes, and culverts (rim elevations, pipe sizes, pipe materials,
and invert elevations).
• Sewer manholes (rim elevations, manhole types, and entry/exit pipe sizes and invert
elevations).
• Water (valves, fire hydrants, meters, and services, including pipe size as provided by the water
purveyor).
• Dry utilities (gas, power, TV, telephone, fiber optic, including size and type as noted on as -built
plans). Include and identify overhead and buried utilities as located by the utility locating
service, or as noted on as -built plans if not marked in the field.
• Miscellaneous surface features (utility vaults, power poles, walkways, fences, structures,
buildings, retaining walls, signs, guard rails, and trees greater than 8 -inch diameter.
• Spot elevations in areas where contours do not provide adequate information.
• Wetland and ordinary high water mark (OHWM) flagging or staking.
• Utility potholing locations once completed.
Develop and submit base map suitable for design for use in AutoCAD following the City's standards.
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2.2 Utility Coordination
Coordinate with private utility companies, request utility as -built plans, review information received, and
incorporate pertinent information into the survey base map.
2.3 Environmental Permitting Coordination
Determine and prepare applications for necessary project environmental permits and regulatory approvals.
Wetland/Waterway Reconnaissance and Delineation
Conduct a wetland delineation in accordance with the 2010 Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region. The ordinary high-water mark
(OHWM) of waterways will be determined using guidance in the Washington State Department of Ecology's
(Ecology's) Determining the Ordinary High Water Mark for Shoreline Management Act Compliance in
Washington State. Compile and review environmental information from the following sources to better
understand the extent of wetlands/waterways at the site:
• Natural Resources Conservation Service Soil Survey data.
• National Wetlands Inventory mapping.
• Federal Emergency Management Agency floodplain mapping.
• Local critical areas maps.
• US Geological Survey topographic mapping.
• Recent aerial photography.
Complete delineation of the approximately 2.2 -acre portion of Kitsap County Parcel No. 342401-3-015-
2004 between the unnamed tributary to Ross Creek and Old Clifton Road, and reconnaissance level
assessment of the water main alignment along Old Clifton Road to support development of project designs.
Complete delineation of select locations along the water main alignment that occur outside of existing
paved road and/or gravel shoulder following development of 30 percent plans.
The field investigation will include an examination of vegetation, soils, and hydrology within the study area,
which includes areas within 300 ft of the project footprint. Flagging associated with wetland/waterway
delineation will be placed along the wetland/waterway boundaries within the project footprint. Visual
observation and publicly available data will be used to estimate the extent of wetland/waterway habitat
within 300 ft of the project footprint and reconnaissance level assessment of the water main alignment.
Provide a sketch of the wetland/waterway boundary flagging to help surveyors locate flagging. A separate
figure will be provided summarizing results of the reconnaissance level assessment of the water main
alignment that will show approximate location of wetlands, streams, and preliminary buffer widths.
Wetlands within the study area will be rated in accordance with Ecology's Washington State Wetland Rating
System for Western Washington, and recommended buffer widths will comply with the City's Critical Areas
Ordinance. Waterway typing and buffer widths will be determined in accordance with City's Critical Areas
Ordinance and Chapter 222-15-130 of the Washington Administrative Code (WAC).
Wetland/Waterway Critical Areas Report
Prepare a wetland/waterway critical areas report detailing existing conditions and required mitigation
sequence. Evaluate mitigation sequence based on the 60 percent project plans. Determine adequate
impact avoidance and minimization measures in accordance with the City of Port Orchard Critical Areas
Ordinance.
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Prepare a draft critical areas report in accordance with the standards of the City and other applicable
regulatory agencies. The report will include information from the wetland and waterway delineation, and
will include the following:
• The size and rating of each wetland and waterway
• A scaled site map showing the locations of wetland/waterway boundaries and buffers,
locations of wetland data plots, and site topography
• A description of impact avoidance/minimization to wetlands/waterways and associated
buffers.
The draft critical areas report will be provided for review and comment by the City.
Comments will be reviewed and incorporated into a final critical areas report.
Agency Coordination
Request a pre -application meeting with representatives from the City. During the meeting, the proposed
project, potential impacts, and mitigation measures, and work with the City will be described to determine
project -specific application/permitting requirements. Following the pre -application meeting, prepare a
meeting summary and provide it to attendees.
When the agency returns comments on the project application, assist with preparation of responses as
requested.
2.4 Geotechnical Investigation, Testing, Analysis, and Reporting
Complete a geotechnical field investigation along the project limits, including testing, analysis and
reporting. Field investigation and testing will include the following tasks:
• Review readily available geologic and geotechnical data for the project alignment and the
surrounding area.
• Coordinate the clearance of underground utilities at the proposed exploration areas. Exploration
locations will be marked in the field and the Washington Utilities Coordinating Council's "One Call"
locating service will be contacted. A private utility locating service will also be contracted to identify
conductible utilities located outside of public easements.
• Prepare a traffic control plan for the City's review.
• Explore the subsurface soil and groundwater conditions by advancing a total of five (5) drilled
borings, each extending 10 feet below ground surface, along the proposed water main alignment.
The borings will be located in the roadway shoulder or between the wheel paths of a travel lane.
• Excavate two test pits at the BPS location, each extending approximately 12 ft bgs. Sage will
monitor the explorations, collect representative soil samples, and maintain detailed logs of the
subsurface soil and groundwater conditions observed. Sage will subcontract the drill rig, excavator,
and operators.
• Complete a limited reconnaissance of steep slopes in the geologically hazardous areas west of the
project alignment.
• Perform geotechnical laboratory testing on select soil samples obtained from the explorations.
Sage has budgeted for 10 grain size analyses and 10 moisture content determinations.
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Summarize the results of the field exploration and laboratory testing program in a draft report and submit
for review. Address comments and submit the final report, signed, and sealed by a Professional Engineer
licensed to practice in Washington. Geotechnical recommendations will include:
• A description of near -surface soil and groundwater conditions along the project alignment.
• Recommendations for earthwork and grading, including criteria for temporary excavations,
subgrade preparation, reuse of site materials as structural fill, and structural fill placement and
compaction.
• Recommended lateral earth pressures that can be used to design new underground structures.
• A discussion of uplift concerns for buried structures installed below the groundwater table. Sage
will provide recommendations for resisting uplift.
• Recommendations for shallow foundation support, including allowable soil bearing pressure. Sage
will also provide settlement estimates.
• Recommendations for slab -on -grade support.
• Recommendations for soil infiltration rates at the BPS location based on grain -size correlations.
• A site class that can be used to complete seismic design.
• An evaluation of potential seismic risks, including soil liquefaction, lateral spreading, and surface
fault rupture.
• Recommendations for standard- and heavy-duty, impervious asphalt pavement sections.
• A discussion regarding areas of concern, including parts of the project alignment that may be
affected by geologically hazardous areas and their associated buffers. Sage will address the
requirements in Chapter 19.400 of the Kitsap County Code or prepare a critical areas exemption
request, if applicable.
Prepare a draft memorandum for the design team's review and comment. Upon receipt, comments will be
addressed, and Sage will issue a final memorandum, signed and sealed by the project engineer. A
geotechnical data report will be submitted alongside the final memorandum; the data report should be
included in construction bid documents.
2.5 Cultural Resources Assessment
Project Kickoff
Participate in one kickoff call to discuss project requirements and confirm project schedule. Coordinate
with the cultural representative of the Suquamish Tribe concerning the project prior to commencement of
fieldwork.
Background Research
Conduct records searches of site forms and previous cultural resources reports on file at the Department
of Archaeology and Historic Preservation (DAHP), as well as archival review of other existing documentation
that may be useful to determine cultural resources concerns or historical properties located within 1 -mile
of the project area prior to the initiation of fieldwork. Library and online resources will also be consulted to
check historic land survey and patent maps, topographic maps, and other pertinent historical documents.
Field Survey
Fieldwork will include a survey to examine exposed ground surfaces for archaeological resources.
Subsurface excavation will be conducted using a judgmental method. Shovel test probe (STP) excavations
will be used to determine the presence, extent, and structure of subsurface deposits, and assist in the
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determination of the nature of any identified site boundaries. Excavate STPs at variable intervals in
accessible areas. Additionally, delineation subsurface excavations will be conducted at newly identified and
previously recorded archaeologic sites. If necessary, auger probes will be excavated at the base of STPs in
areas where project excavation is planned to extend greater than three feet below surface. Sediment from
excavations will be screened through %-in. hardware mesh. Results will be documented on ASM forms,
which include provenience location, artifact inventory, information on sediment type and color,
termination depth, and general observations. The locations of excavations and identified cultural resources
will be documented with submeter accuracy global positioning systems (GPS) handheld devices and
included on report quality figures within the technical report.
Technical Report Preparation
Prepare a technical report containing the requisite written documentation in compliance with the DAHP
processes. The report will include a historic overview, methodology, survey findings, identification of known
historical resources, recommended mitigation and/or provide recommendations for any further work
required for compliance.
2.6 Hydraulic Analysis
Conduct hydraulic modeling to verify booster pump station and pressure reducing valve station design
criteria, siting elevation, and location. Confirm feasibility of siting the new facility on City -owned parcel
342401-3-015-2004.
Hydraulic Modeling to Confirm Facility Sizing and Operation
Complete water system model updates to include the operations of the new booster pump station, PRVs,
and water main to properly integrate the new facility into the existing system operations. This will include
confirming the capacity of the booster pump station, projected future capacity needs, water main sizing,
and preliminary PRV settings. The modeling will also evaluate future connections to water main to
determine likely future sub -zones (up to two (2)) and associated increased demand on the pump station
facility. Summarize results in a technical memorandum.
System Curve Development
Create system curves to define the boundaries of the operating conditions for the pump station. Multiple
suction and discharge boundary conditions (up to two (2)) will be tested to verify that the system curves
identify the boundaries of the required performance of the pump station. In addition, the operating curve
for the expected normal operation will be created to help identify the required design range of the
proposed pumps.
Final Verification
Verify the design and pump selection as part of the 60% design task and provide a brief writeup for the
DOH Project Report.
2.7 Quality Management
Perform quality management on all deliverables.
Deliverables
■ Topographic survey in AutoCAD and pdf format.
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■ Draft and final geotechnical report in PDF format.
■ Site sketches of wetland/waterway delineation flagging locations.
■ Summary map showing results of water main alignment reconnaissance level assessment.
■ Draft and final wetland/waterway critical areas report in PDF format.
■ Permitting agency draft and final meeting summary in PDF format.
■ Draft and final cultural resources assessment report in PDF format.
■ Draft and final hydraulic modeling technical memorandum in PDF format.
Assumptions
■ City staff to provide data requested in most appropriate and useful format within 10 working days
of the data request.
■ Quality management is included in this task for review of deliverables.
■ Geotechnical assumptions:
o Sage will subcontract drilling, excavation, utility -locating, and traffic control services.
o A single travel lane and roadway shoulder will be closed during the 2 -day field
investigation. Closures will be limited to the drill/excavation sites — approximately 200
linear feet in length.
o Sage will be provided with access to the project alignment.
o City and County right-of-way permits will be waived or provided at no cost to Sage.
o The field investigation can be completed during standard business hours (i.e., no weekend
or nighttime drilling will be required).
o The site is free of hazardous soil, groundwater, and other media.
o Neither Sage nor its subcontractors are responsible for damage to unmarked or mismarked
utilities.
o Explorations advanced through pavement will be patched with quick -setting concrete.
o The geotechnical services does not include recommendations for mitigating slope
instability, if any.
■ Environmental permitting assumptions:
o Flagging will be placed within the limits of the project footprint.
o The City will provide access to the project area, if necessary.
o Right-of-way permit is not required for reconnaissance/delineation efforts of water main
alignment along Old Clifton Road.
o The BPS and PRV Facility will be located east of the unnamed tributary to Ross Creek, and
only the eastern stream bank will be delineated.
o Boundaries of potentially jurisdictional ditches will be delineated based on project base
survey elevation data and will not be flagged.
o Elevation survey of the water main alignment will be provided to Landau.
o Wetland and waterway survey files will be provided to Landau.
o Project will avoid permanent and temporary impacts to wetland/waterway critical areas.
This scope of work does not include development of restoration or compensatory
mitigation plans or applications for unavoidable impacts. Restoration/compensatory
mitigation planning and associated permit application support, if needed, will be provided
in a supplement to this scope of services.
o 60 percent design plans, provided by Consor, will contain sufficient detail for Landau to
evaluate avoidance/minimization measures.
o Agency coordination meeting will be held virtually and will be one (1) hour. Onsite
meetings are not included in this task.
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Hydraulic analysis assumptions:
o The hydraulic model is updated and calibrated.
o Hydraulic analysis includes the existing (2022) scenario and the buildout (2042) scenario.
o The zone is an open zone.
o Demand conditions for average daily demand (ADD) or maximum daily demand (MDD)
from the Water System Plan Update.
o System curve development assumes low demands (ADD or no demands in the 580 zone)
o The Buildout 580 demand will be updated to include the Stetson Heights and McCormick
East Developments
o City review period is five (5) working days.
o City comments will be provided during or immediately following the workshop and will be
documented with the workshop notes.
o City -owned parcel (parcel 342401-3-015-2004) is the assumed BPS and PRV Facility site
to be verified in this task. This parcel is zoned for public facilities (PF) and is within the Old
Clifton Industrial Park which is exempt from the City of Port Orchard Design Standards
Task 3 — Preliminary Design
Objective
Develop a preliminary design that incorporates the City's preferences, requirements, and constraints for
input and refinement. This task is the start of the project's detailed design process and key design discipline
leads begin their development of the design concept. The developed schematic design establishes the
general scope, conceptual design, scale, and relationships among the project components, and includes
discipline specific design ideas so that major process decisions such as equipment spacing, process
type/configuration, redundancy, and O&M preferences can be made by the City.
The project is broken into two (2) areas based on Project components.
■ BPS and PRV Facility
■ Water Main
Activities
3.1 Preliminary Design
Coordinate with City staff on key design elements, design criteria, and development of preliminary plans to
the approximate 30% design completion level for approximately 35 of the estimated 86 plan sheets.
3.2 Utility Conflict Analysis
Perform a utility conflict analysis for the water main alignment based on topographic survey, third party
utility locates, and as -built information obtained in Task 2. Develop Potholing Plan for up to 20 potholes,
and submit to City for review and approval.
3.3 Preliminary Design Report
Prepare the Preliminary Design Report and associated preliminary design documents by compiling the work
developed in previous tasks. Include the following in the Preliminary Design Report.
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■ Introduction and background
■ Project description and design criteria
■ Building and zoning codes
■ Geotechnical report
■ Design and coordination with Geotechnical Engineer for design of foundation elements
■ Preliminary design drawings
■ 3D model of the existing site, existing buildings, new site features, and BPS and PRV Facility
■ Color renderings
■ Review regulatory requirements to determine preliminary permit requirements
■ Specifications Table of Contents
■ Major equipment cutsheets
■ AACE International Class 3 cost opinion with an anticipated accuracy range of -20% to +30%
■ Estimated construction schedule
Prepare for and attend Preliminary Design workshop virtually to review the draft Preliminary Design Report.
3.4 Quality Management
Perform quality management on all deliverables.
Deliverables
■ Potholing Plan
■ Up to 20 test -hole data sheets, which include Top, Bottom, Width, Diameter and Direction of
the utility.
■ Excel spreadsheet containing test -hole data for the project.
■ Google Earth RM map with interactive link accompanied with an SHP File.
■ Photos of found utilities.
■ Meetings/workshop agendas and notes.
■ Draft and final Preliminary Design Report in PDF format
Assumptions
■ Scope of Services does not include structural design of any site walls, detention vaults, or other
site structures.
■ Site can be graded to avoid retaining walls.
■ An additional half day of surveying included to pick up any additional items following basemap
review.
■ Potholing Assumptions:
o Utilities will be between 0 and 10 feet in depth.
o Restoration will include 5/8" crushed rock back fill with an EZ street patch.
o Grind and overlay of the existing roadway is not anticipated.
■ Full lane repair will be required if water main is in street lane
■ City can consider paved shoulder improvement for main
■ A total of two (2) design meetings/workshops with the City are anticipated and will be attended
by up to six (6) Consor team members.
■ Materials developed for design will be sufficient for use in public engagement.
■ Preliminary Design Report can be used as a basis for the DOH Project Report in Task 7.
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■ Quality management is included in this task for review of deliverables
Task 4 — 60% Design
Objective
Develop the Project preliminary design to 60% level of completion. The project is broken into two (2) areas
based on Project components.
■ BPS and PRV Facility
■ Water Main
Anticipated elements for each Task 5 subtask include:
■ 60% Plans and Technical Specifications: Develop the Project preliminary design from 30% level
to approximately 60% completion. Provide approximately 67 of 86 construction drawings in
the 60% Design Submittal for the General, Civil, Structural, Mechanical, Architectural, Process
and Instrumentation Diagrams (P&IDs), Electrical and Instrumentation and Controls (E&IC)
design disciplines. The 60% Design Submittal to include construction drawings, major
equipment specifications, 60% Engineer's OPCC, and estimated construction duration.
■ Review Meetings: Conduct review meetings following 60% deliverable with City staff in a
workshop setting virtually via telephone or Microsoft Teams.
Activities
4.1 BPS and PRV Facility
Develop the 60% Design Submittal for City review, to include drawings and specifications for the
construction of the BPS and PRV Facility, including connection to the water transmission main, Process
and Instrumentation Diagrams (P&IDs) for the BPS and PRV Facility, and the Booster Station's Electrical
and Instrumentation and Controls (E&IC) and architectural and structural design.
4.2 Water Main
Develop the 60% Design Submittal for City review, to include drawings and specifications for the
construction of the water main in Old Clifton Road.
4.3 Opinion of Probable Construction Cost (OPCC)
Prepare OPCCs as part of the 60% (AACE International Class 2) design submittal.
5.4 Quality Management
Perform quality management on all deliverables.
Deliverables
■ Meeting agendas, notes, and supporting materials, draft and final in PDF format
■ The 60% design submittals include design plans at half size (11x17), technical specifications for
major equipment, OPCC, and construction schedule in PDF format.
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Assumptions
■ Scope of Services does not include structural design of any site walls, detention vaults, or other
site structures.
■ City front end contract documents will not be included in the 60% specifications.
■ The current CSI MasterFormat specifications to be used for up to five (5) major equipment
specifications.
■ Materials developed for design will be sufficient for use in public engagement.
■ Quality management is included in this task for review of deliverables.
Task 5 — Unanticipated Services
Objective
Unanticipated services authorized under this task are at the City's discretion. Consor will provide scope and
fee estimate for additional services when requested by the City and will commence work only when written
authorization is provided by the City.
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Estimated Schedule
The estimated schedule provided in the following table is based on the City's desires for design to be begin
as soon as possible. A more detailed project schedule will be developed after Notice to Proceed is provided
by the City.
Task Name ` Duration I Finish
Notice to Proceed
0 days
Wed 9/17/25
Wed 9/17/25
Project Initiation
15 days
Wed 9/17/25
Tue 10/7/25
Kickoff Meeting
0 days
Wed 10/8/25
Wed 10/8/25
Field Work (geotechnical, delineation)
40 days
Wed 10/22/25
Tue 12/16/25
Survey
20 days
Wed 10/8/25
Tue 11/4/25
Preliminary Design
50 days
Wed 10/15/25
Tue 12/23/25
City Review
15 days
Wed 12/24/25
Tue 1/13/26
Pre -Application Meeting with City
1/2026
1/2026
60% Design
100 days
Wed 1/14/26
Tue 6/2/26
City Review
10 days
Wed 6/3/26
Tue 6/16/26
Finalize 60% Design
15 days
Wed 6/17/26
Tue 7/7/26
Budget
The fee estimate is included as Exhibit B. Payment will be made at the billing rates for personnel working
directly on the project, which will be made at Consor's Hourly Rates, plus Direct Expenses incurred. Billing
rates are included as Exhibit C. Subconsultants, when required by Consor, will be charged at actual costs
plus a 10 percent fee to cover administration and overhead costs. Direct expenses will be paid at the rates
shown in Exhibit C.
Consor • September 2025 • Old Clifton Intertie Project • City of Port Orchard
Scope of Services • 15 200
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.
City of Port Orchard and Consor North America
Public Works Project: Old Clifton Intertie Design Project
Updated 4/2022 IBDR
Page 15 of 17 201
EXHIBIT B - FEE ESTIMATE
OLD CLIFTON INTERTIE
CITY OF PORT ORCHARD
PROPOSED FEE ESTIMATE
IABOR CUSSIFICATION (HOURS)
Principal Engineer
IV
Principal Engineer
VI
Principal Engineer
III
Professional Engineer
VIII
Prvfersivnal Engineer
VI
Cost Estimator 111
Engineering Designer
IV
Engineering Designer
I
Engineering
Designer Vll
Adminis[rativel
Prvj-Coordinator
III
ProjeR Coordina[orl
Professional
Engineer Vll
Engineering Designer
III
Xours
bor
63b18552 ISa 581
Subconsuldnt
Multiplier
%Markup
Subconsuhant Total
with Markup
Expenses
CARD Unib
$18/hr
Total
AFS (Survey)
landau
(Permittlry)
Sage
(Geotechnlol)
A-
(Potholing)
CG (Structural)
Drif[mier
(Architectural)
ASM (Cultural
Resources)
IS
(EI6C)
_
Task 1- Pfalan MamBamem
Task 1.1- Invoicex/Statux Reports
$
.1
$
5
5
$
Task 1.2- Pr KI<koff Meeting
$
1
$ -
$
s
$
Task 1.3- Coordination with Clty 510
$
1
$ -
$
s
$
Task 1.4- Comultant Team Coordination
s
.1
5 -
5
5
$
Task 1.5 - Development of P1,11 Management Plan
Task 1.6 - Decision Log
Task f Subtotal
260
4
4
4
4
0
0
$6
0
12
21
2
Task 2 - Data Collection, "Id Work, and Dpcumen-I.
Task 2.1- Topographic Surveying and M2Ppipg
5 a
5
.1
5 3$
5 6
5
Task 2.2- Ut Coordination
$
5
1
5 3
$
5
$
Task 2.3- En mal Permitting Coordination
$
$ D
.1
5 D
$
5
$
Task 2.4-ceotechncal lnve liplion, T-ling,-1ySz, and Reporting
$
s
.15
3$
5
5
Task 2.5- Cultural Resources nsxesxment
5
5
.15
a
s
5
5
Task 2.6- Hydraulic Analysis
5
.1
5
5
5
5
Task 2.]- Quality Management
5
1 .1
5
5
5
5
Task Is btotal
21
2
20
12
22
0
0
N
12
0
0
0
BID
65
2]8
$ 6],380
$ 29,25]
$ 36,100
$ 32,991
$ -
$ -
$ -
$ L5,2N
$ ,112
$ 12],2]3
$
$ 216
$ 191,869
Task3- Prdlminary Design
Task 3.1- Preliminary Design
s
s D
5
5
.15
3
5 0
5 m
s
Task 3.2- Utlllty Conflla Analysis
Task 3.3 - Preliminary Design Report
5
Task 3.4- Quality Management
$
.1
5 -
s
s
s
Task4- 60%8582Bn
Task 4.1- BPSand PRV Facility
31
40
172
13
247
2
314
10
833
$
116,S00534,4S7
5 03,305
1.1
$ 32,818
150
33.352
$ 302,51
Task 4.2- Water Main
12
28
11
100
168
0
308
5 37,760
1.1
$ -
$
53,024
$ 00,704
15844.8. 01,OI03of Probable Construttlon Cast
4
2
4
8
8
31
16
70
5
1
$ -
$
$
$ 17,242
Task14- Quality Management
44
14
00,211
1.1
5 -
s
s
s0,211
-_0354416433834
46
21
N
180
fig
8
291
168
0
0
16
0
0
1332
$ 318,222
$ -
$ -
$ -
$ -
$ 16,590
$ 34,458
$ -
$ 33,335
$ 92,813
$ 150
$ 8,6]6
$ 419,860
Tasks- Unanticipated Services
Task5.1- Unanticipated services
I
0
s
1 .1
5 -
5 0
5
5 13,000
Tvsk 55ub-w
0
363
0
N
0
0
0
0
0
0
0
0
53
65
201
$ 6]0,261
$ 29,25]
$ 36,100
$ 32,834
15,300
$I.
$ fa
N
�ymevPb err0�v wroww�.m.:swnromo.n.nrwcaceezwn-w.rasmenm..imev.o.:ivxsmr..grn�eira-vie oixm im.ni. r.. zni.xoiun sx cocs_ Canter 0144105518083018370810e
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 Consor North America
Public Works Project: Old Clifton Intertie Design Project
Updated 4/2022 IBDR
Page 16 of 17 203
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 Consor North America
Public Works Project: Old Clifton Intertie Design Project
Updated 4/2022 IBDR
Page 17 of 17 204
RESOLUTION NO. -25
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT WITH CONSOR NORTH AMERICA, INC.
FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE OLD CLIFTON
INTERTIE PROJECT, AND DOCUMENTING PROCUREMENT PROCEDURES
WHEREAS, the City requires professional architectural and engineering services to design
the Old Clifton Intertie Project, which will improve water system reliability and reduce reliance
on an adjacent purveyor (the "Project"); and
WHEREAS, on June 20, 2025, the City of Port Orchard Public Works Department published
a Request for Qualifications (RFQ) for Architectural and Engineering Services for the Project; and
WHEREAS, by the July 21, 2025, deadline, the City's Public Works Department received
four (4) Statements of Qualification (SOQ) from qualified firms; and
WHEREAS, after staff reviewed the SOQs received, the City's Public Works Department
interviewed two (2) firms on July 31, 2025; and
WHEREAS, based upon overall qualifications, inclusive of interview scoring, the City's
Public Works Department selected Consor North America, Inc. for the Project and then
negotiated a contract and the Project Understanding (Scope, Budget, and Timeline); and
WHEREAS, on September 2, 2025, Consor North America, Inc. provided the City's Public
Works Department with a viable proposal for the Project, including a defined Scope of Services,
fee estimate, and schedule, in the amount of $998,934; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the Mayor to execute a Contract with Consor North
America, Inc. for the Old Clifton Intertie Project, in the amount of Nine Hundred Ninety -Eight
11105856.1 - 366922 - 0001
205
Thousand Nine Hundred Thirty -Four Dollars ($998,934), in a form acceptable to the city
attorney.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 9th day of September, 2025
Robert Putaansuu, Mayor
ATTEST:
City Clerk, Brandy Wallace, MMC
11105856.1- 366922 - 0001
206
Ong City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
1.. (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Items: Authorization to Close on the Purchase of Real Property known as 1333 Lloyd Parkway
by the City of Port Orchard for $2,500,000 (Archer)
Meeting Date: September 9, 2025
Prepared By: Charli Archer, City Attorney
Presenter: Charli Archer, City Attorney
Summary and Background: On August 12, 2025, the City Council authorized the Mayor to execute a
purchase and sale agreement for the purchase of real property located at 1333 Lloyd Parkway.
The City identified commercial real property located at 1333 Lloyd Parkway, in close proximity to the
City's existing Public Works Facility and office, that was for sale by owner. The acquisition of this real
property, including office building and work shop, will allow the City to meet its current and future
operational needs for the City's Public Works Department. The City had planned to construct
additional facilities to meet this need, but the acquisition of this real property will enable the City to
obtain the necessary space and facilities at a lower cost and on a more expedient timeline.
The City and seller agreed to terms for the purchase and sale of this property, subject to contingencies
including an appraisal, environmental review, and City Council approval.
Since approval, the Mayor and staff have worked through the contingencies with the seller, including
the successful completion of an appraisal and environmental review.
A copy of the signed PSA has been provided to the City Council; however, it remains confidential until
the closing is effectuated.
Relationship to Comprenhensive Plan: Chapter 7 - Utilities
Recommendation: Staff recommends the City Council authorize the Mayor to take all actions to close
the purchase of real property located at 1333 Lloyd Parkway, due to the completion of all due
diligence conditions.
Motion for Consideration: I move to authorize the Mayor to take all actions necessary to close the
purchase of real property located at 1333 Lloyd Parkway, consistent with the terms and conditions set
forth in the previously -approved Purchase and Sale Agreement.
Has item been presented to Committee/Work Study? If so, which one: No
207
Fiscal Impact: A budget amendment will be required and included in the Mid -Biennial review. The
initial purchase of this property will be paid for out of fund 302 with revenues coming from the
general fund. The city will adopt a reimbursement resolution expressing the intent of executing a
financing for this acquisition.
Alternatives: Do not approve and provide alternative direction, however doing so may cause the
forfeit of the City's earnest money deposit.
Attachments:
208
Ong City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
1.. (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Items: Fee in Lieu of Construction for Salmonberry Apartments (Bond)
Meeting Date: September 9, 2025
Prepared By: Nick Bond, AICP, Community Development Director
Presenter: Nick Bond, AICP, Community Development Director
Summary and Background: Family Legacy Development has proposed to pay a fee in lieu of
constructing required frontage improvements associated with the Salmonberry Apartments project
located along SE Salmonberry Road. Required improvements include the installation of three-quarter
street improvements along SE Salmonberry Road consisting of sidewalk, landscape strip, curb and
gutter, bike lane, site access, illumination, and roadway restoration. The required frontage
improvements are depicted in Exhibit A.
The improvements are directly related to the City's planned Bethel Road Project (Phase 1), which will
construct a roundabout at Bethel Road and Salmonberry Road and includes installation of
improvements to Salmonberry Road. Due to the sequencing of the Bethel Road Project and the
complexity of coordinating multiple design elements, City staff have determined that it is more
efficient to incorporate the Salmonberry Apartments frontage improvements into the Bethel Road
Project rather than require separate construction by the developer.
The City and Family Legacy Development have negotiated a Payment in Lieu of Construction
Agreement. The agreement relies on the City Engineer's estimate for the Salmonberry Apartments
frontage improvements, which totals $72,034.00. Under the Agreement, Family Legacy Development
will provide funds in that amount, authorizing the City to construct the required improvements in
conjunction with the Bethel Road Project (Phase 1).
Absent the Agreement, the developer would be required to complete the frontage improvements
prior to issuance of a Certificate of Occupancy for the Salmonberry Apartments. Approval of the
Agreement aligns the timing and scope of the projects, reduces the risk of redundant construction,
and supports coordinated delivery of transportation infrastructure in the Salmonberry corridor.
Relationship to Comprenhensive Plan: The Payment in Lieu of Construction Agreement supplements
funding associated with Project 1.9 in the City's adopted Transportation Improvement Program (TIP),
which is incorporated into the Comprehensive Plan by reference.
Recommendation: Approval of the Payment in Lieu of Construction Agreement for Salmonberry
Apartments frontage improvements on SE Salmonberry Road
Motion for Consideration: "I move to approve a Resolution authorizing the Mayor to execute the
Payment in Lieu of Construction Agreement as presented."
209
Has item been presented to Committee/Work Study? If so, which one: Land Use Committee
Fiscal Impact: The Agreement provides $72,034 in funding to support implementation of Project 1.9 in
the City's adopted Transportation Improvement Program.
Alternatives: Do not approve the Agreement. Request changes to the Agreement.
Attachments:
Payment in lieu of specific performance of the construction.pdf
RES-Salmonberry Apartments Payment in Lieu of Mitigation Agreement(11104660.1).pdf
Exhibit A.pdf
210
PAYMENT IN LIEU OF SPECIFIC PERFORMANCE OF THE
CONSTRUCTION OF FRONTAGE AND SIDEWALK IMPROVEMENTS
ON SOUTH-EAST SALMONBERRY ROAD
THIS AGREEMENT ("Agreement") is made this day of , 2025
between the City of Port Orchard, a municipal corporation ("City"), and Family Legacy
Development, LLC, a Washington limited liability company ("FLD"), organized under the laws
of the State of Washington and doing business at 7809 Pacific Avenue, Tacoma, Washington
98408, for the purposes set forth herein.
I. RECITALS
1.1 FLD applied for and the City issued a Land Disturbing Activity Permit (LDAP)
and building permits for the Salmonberry Apartment Project (PW22-024 (LDAP), PW22-025
(SDP), PW22-026 (CRC), 22-980 (BLDG), 22-981 (BLDG)); and
1.2 In conjunction with these permits, FLD is required to install the following
frontage improvements: three quarter street improvements along SE Salmonberry Rd consisting
of sidewalk, landscape strip, curb and gutter, bike lane, site access, illumination, and roadway
restoration.
1.3 The Frontage Improvement Project is shown on Exhibit A which is attached
hereto an incorporated by this reference as if set forth in full.
1.4 The City is in the process of completing design for the Bethel Road Project (Phase
1) which will construct a needed roundabout on Bethel Road at Salmonberry Road. This Project
includes installation of improvements to Salmonberry Road. The Project also overlaps with the
area where FLD would install the frontage improvements; and
1.5 The City and FLD discussed the phasing of the Frontage Improvement Project
and how those would correspond with and may be integrated with the City's work on Phase 1 of
the Bethel Road Project; and
1.6 In order to better integrate the projects in both timing and scope, FLD has offered
to pay for the City to do the required Salmonberry Apartments Frontage Improvement Project so
that it can be made part of the Phase 1 work on the Bethel Road Project. This will ensure that the
public is only inconvenienced once as the projects will be done together. This will also ensure
better matching of materials and connections; and
1.7 Accordingly, in lieu of FLD constructing the Frontage Improvement Project set
forth in Sections 1.2 and 1.3 above, FLD desires to transfer the necessary funds to the City in the
amount of the City's Engineer's Estimate for the Salmonberry Apartments Frontage
Improvement Project in the amount of $72,034.00. FLD desires to authorize the City to utilize
those funds to do the Frontage Improvement Project work as part of the Phase I work on the
Bethel Road Project; and
Agreement for Payment in Lieu of Frontage Improvement Work
Page 1
1771338.1-366922-0021
211
1.8 The City agrees that this payment in lieu of construction will satisfy the frontage
improvement condition of the permits listed in Section 1.1 above;
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein
contained, the parties hereto agree as set forth above and as follows:
II. PERFORMANCE OBLIGATIONS
2.1 FLD shall deposit cash funds in the amount of Seventy Two Thousand and Thirty
Four Dollars and No Cents ($72,034.00) with the City of Port Orchard within ninety (90) days of
execution of this Agreement ("Funds").
2.2 FLD authorizes and directs the City to utilize the Funds towards planning, design,
permitting and/or construction of the Salmonberry Apartments Frontage Improvement Project
components listed in Sections 1.2 and 1.3 above, at the City's sole direction regarding timing, as
referenced above.
2.3 The City agrees to accept the Funds as financial security in lieu of construction of
the Salmonberry Apartments Frontage Improvement Project components listed in Sections 1.2
and 1.3 above. Upon receipt of the Funds, the frontage installment condition of the permits
listed in Section 1.1 above is deemed fulfilled. FLD shall remain obligated to perform and
comply with any and all other obligations and conditions required by the City for the
Salmonberry Apartments project and this Agreement shall not relieve FLD of those obligations
and/or conditions.
2.4 FLD acknowledges and accepts that the City may utilize the Funds for the
purposes described herein at any time after the Funds are deposited with the City, at the City's
sole discretion, and FLD affirmatively disclaims any interest in the Funds.
2.5 To the extent the City determines that planning, design, permitting and/or
construction of the Frontage Improvement Project listed in Sections 1.2 and 1.3 requires
additional cooperation from FLD, including but not limited to the granting of a temporary
construction easement, FLD shall reasonably provide the City with the cooperation sought at no
additional costs to the City, provided the City is not entitled to further payment for the frontage
improvement work beyond what is required in this Agreement.
III. GENERAL PROVISIONS
3.1 Applicable Law; Attorneys' Fees. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. Venue for any action arising
out of or relating to this Agreement shall be in Kitsap County Superior Court. The non -prevailing
Party in any action brought to enforce this Agreement shall pay the other Parties' expenses and
reasonable attorney's fees.
3.2 Effective Date. This Agreement shall be deemed effective upon mutual execution
and approval by the Port Orchard City Council, which approval shall be attached hereto and
adopted herein by this reference. This Agreement shall remain in full force and effect until such
Agreement for Payment in Lieu of Frontage Improvement Work
Page 2
1771338.1-366922-0021
time as the underlying building permits for the Salmonberry Apartments Project have issued and
any appeals thereof have been completed.
3.3 Entire Agreement. This Agreement embodies and constitutes the entire
understanding between the Parties hereto with respect to the transactions contemplated herein,
and all prior or contemporaneous agreements, understandings, representations and statements,
oral or written, are merged into this Agreement.
3.4 No Third -Party Beneficiaries. Except as otherwise provided herein, this
Agreement shall not create any rights enforceable by any party who is not a Party to this
Agreement.
3.5 Binding on Successors. If FLD assigns or transfers the Salmonberry Apartments
property as a whole to a new developer, such assignee or transferee shall be obligated and bound
by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a Party
thereto. Such purchaser, assignee or transferee shall observe and fully perform all of the duties
and obligations of FLD as contained in this Agreement.
3.6 Severability. This Agreement does not violate any federal or state statute, rule,
regulation or common law known; but any provision which is found to be invalid or in violation
of any statute, rule, regulation or common law shall be considered null and void, with the
remaining provisions in the Agreement remaining viable and in effect.
3.7 Non -Waiver of Breach. The failure of a Party to insist upon strict performance
of any of the covenants and agreements contained herein, or to exercise any option herein
conferred in one or more instances shall not be construed to be a waiver or relinquishment of
said covenants, agreements, or options, and the same shall be and remain in full force and effect.
3.8 Written Notice. All written communications regarding enforcement or alleged
breach of this Agreement shall be sent to the Parties in accordance with this Section. Notices,
demands, correspondence to the City and/or FLD (as applicable) shall be sufficiently given if
dispatched by pre -paid first-class mail to the addresses of the Parties as designated below. Notice
to the City shall be to the attention of both the City Clerk and the City Attorney. Notices to
successors -in -interest of FLD shall be required to be given by the City only for those successors -
in -interest who have given the City written notice of their address for such notice. The Parties
hereto may, from time to time, advise the other of new addresses for such notices, demands or
correspondence. Unless otherwise specified, any written notice hereunder shall become effective
upon the date of both emailing and mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated below:
FAMILY LEGACY DEVELOPMENT, CITY:
LLC:
Agreement for Payment in Lieu of Frontage Improvement Work
Page 3
1771338.1- 366922 -0021
213
Attn: Steve Novotny
Family Legacy Development, LLC
7809 Pacific Avenue
Tacoma, WA 98408
Email: powermystro@gmail.com
Mayor
City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
rputaansuu@cityofportorchard.us
Copies shall also be transmitted to the
City Clerk and City Attorney at the
above address.
3.9 Time is of the essence. All time limits set forth herein are of the essence. The
Parties agree to perform all obligations under this Agreement with due diligence.
3.10 Covenant of Good Faith and Cooperation. The Parties agree to take further
actions and execute further documents, either jointly or within their respective power and
authority, to implement the intent of this Agreement. Each Party covenants to use its best efforts
and work cooperatively in order to secure the benefits and rights under this Agreement. The
Parties shall not unreasonably withhold approvals or consents provided for in this Agreement.
Each Party shall execute and deliver to the other all further documents as are reasonably
necessary to carry out this Agreement as may be necessary to provide a Party with a full and
complete enjoyment of its rights and privileges under this Agreement.
3.11 Interpretation. This Agreement has been reviewed and revised by legal counsel
for both Parties, and no presumption or rule construing ambiguity against the drafter of the
document shall apply to the interpretation or enforcement of this Agreement.
3.12 Counterparts. The Agreement may be signed in two or more counterpart copies
with the same effect as if the signature of each counterpart copy were on a single instrument.
Each counterparty shall be deemed as an original as to the Party whose signature it bears, and all
such counterparts shall constitute one document.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set
forth below.
CITY OF PORT ORCHARD
("City")
Its
Dated:
FAMILY LEGACY DEVELOPMENT,
LLC ("FLD")
By w
Its
Dated:
Agreement for Payment in Lieu of Frontage Improvement Work
Page 4
1771338.1- 366922 -0021
214
CITY NOTARY BLOCK
STATE OF WASHINGTON
ss:
COUNTY OF KITSAP
I certify that I know or have satisfactory evidence that Robert Putaansuu is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument, and acknowledged it as the Mayor of
Port Orchard to be the free and voluntary act of such entity for the uses and purposes mentioned
in the instrument.
DATED:
NAME:
(Print Name)
Notary Public in and for the State of Washington.
Commission Expires:
FLD NOTARY BLOCK
STATE OF WASHINGTON
COUNTY OF LA.ft
ss:
I certify that I know or have satisfactory evidence that o is
the person who appeared before me, and said person acknowledged that he/she sigi ed this
instrument, on oath stated that he/she was authorized to execute the instrument, and
acknowledged it as the Otr)2( of Family Lcgacy Dcvclopmcnt, LLC to
be the free and voluntary act of such entity for the uses and purposes mentioned in the
instrument. ........
H
•.9 �4
DATED: "J o3
0NOTARY
. �.. •
Q�,
�•••.''M11N6.••
NAME: J Od "�I h t.p Gt
(Print Name)
���
Notary Public in and for the State of Washington.
Uunt
Commission Expires:
Agreement for Payment in Lieu of Frontage Improvement Work
Page 5
1771338.1- 366922 -0021
215
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, TO AUTHORIZE THE MAYOR TO SIGN AN
AGREEMENT BETWEEN FAMILY LEGACY DEVELOPMENT, LLC
AND THE CITY RELATING TO ACCEPTING PAYMENT IN LIEU OF
SPECIFIC PERFORMANCE OF THE CONSTRUCTION OF
FRONTAGE AND SIDEWALK IMPROVEMENTS ON SOUTHEAST
SALMONBERRY ROAD.
WHEREAS, Family Legacy Development, LLC applied for, and the City issued a Land
Disturbing Activity Permit (LDAP) for the Salmonberry Apartment Project (PW22-024); and
WHEREAS, the City of Port Orchard has conditioned the permits associated with the project
to require installation of frontage improvements along SE Salmonberry Road, including sidewalk,
landscape strip, curb and gutter, bike lane, site access, illumination, and roadway restoration, as
depicted in Exhibit A along the southerly property line of parcel number 012301-2-078-2000; and.
WHEREAS, the City is designing the Bethel Road Project (Phase 1), which will construct a
roundabout at the intersection of Bethel Road and SE Salmonberry Road and includes
improvements to the portion of Salmonberry Road overlapping with the Salmonberry Apartments
frontage; and
WHEREAS, in order to coordinate design and construction, minimize duplicative work, and
reduce impacts to the public, the City and Family Legacy Development, LLC desire to integrate the
Salmonberry Apartments frontage improvements into the City's Bethel Road Project (Phase 1)
identified as Project 1.9 in the City of Port Orchard's adopted Transportation Improvement Program;
and
WHEREAS, to accomplish this, the City and Family Legacy Development, LLC ("FLD") have
negotiated a Payment in Lieu of Specific Performance of the Construction of Frontage and Sidewalk
Improvements Agreement ("Agreement") under which FLD shall provide the City with cash funds in
the amount of $72,034.00, representing the City Engineer's Estimate of the Salmonberry
Apartments frontage improvements; and
WHEREAS, in lieu of Family Legacy Development, LLC constructing the frontage
improvements required for the development, Family Legacy Development, LLC will transfer the
necessary funds to the City in the amount of the City's Engineer's Estimate for the frontage
improvement work in the amount of $72,034.00 and the City may utilize those funds to do the
mitigation work as part of the Phase 1 work on the Bethel Road Project; and
WHEREAS, the Agreement provides that upon deposit of the required funds, the City will
11104660.1 -366922- 0060
216
accept such payment in lieu of construction and the frontage improvement condition associated
with the Salmonberry Apartments permits shall be deemed fulfilled, while all other permit
conditions remain in effect; and
WHEREAS, the Port Orchard City Council has determined that this Agreement is in the public
interest; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
1. Recitals. The recitals set forth above are hereby incorporated by reference as if set
forth in full herein.
2. Authorization for Signature. The City of Port Orchard hereby authorizes the Mayor to
accept and sign the attached Agreement for payment in lieu of specific performance
of the construction of frontage and sidewalk improvements on Southeast
Salmonberry Road.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this _ day of September, 2025.
Robert Putaansuu, Mayor
Brandy Wallace, CMC, City Clerk
11104660.1 -366922- 0060
217
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Ong City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
1.. (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Items: Approval of Change Order No. 9 to Contract No. C059-23 with Stellar J Corporation for
the Marina Pump Station Improvement Project (Ryan)
Meeting Date: September 9, 2025
Prepared By: Sayre Thompson, PW Procurement Specialist
Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director
Summary and Background:
In 2020, the City initiated the Marina Pump Station Improvement Project to address capacity and
reliability at this critical facility, which conveys all of the City's wastewater to the South Kitsap Water
Reclamation Facility.
Contract No. C059-23 with Stellar J Corporation for the Project was executed on August 8, 2023,
following design and procurement, and construction has been underway since Winter 2023.
During construction, site conditions revealed that additional asphalt paving would be necessary to
restore parking areas and address deteriorated pavement conditions due to the Project. The approved
Project plans accounted for paving adjacent to the sidewalks, building, and trench restoration.
However, further paving is needed at Frederick Avenue and near the center of the site to restore
parking areas due to poor pavement conditions near catch basin drains and tree planters impacted by
the Project.
On August 18, 2025, Stellar J submitted Change Order Request in the amount of $71,841.24 for this
additional asphalt paving. Approval of this Change Order will push the cumulative change order total
above $100,000, requiring City Council approval.
If approved, this will be Change Order No. 9 to Contract No. C059-23, increasing the amended contract
amount from $15,494,787.17 to $15,566,628.41 (including applicable taxes).
219
Relationship to Comprenhensive Plan: Chapter 7: Utilities
Recommendation: Staff recommends the City Council authorize the Mayor to execute Change Order
No. 9 to Contract No. C059-23 with Stellar J Corporation for the Marina Pump Station Improvement
Project to increase the contract by $71,841.24, for a new contract total of $15,566,628.41 (applicable
taxes included).
Motion for Consideration: I move to authorize the Mayor to execute Change Order No. 9 to Contract
No. C059-23 with Stellar J Corporation for the Marina Pump Station Improvement Project to increase
the contract by $71,841.24, for a new contract total of $15,566,628.41 (applicable taxes included).
Has item been presented to Committee/Work Study? If so, which one: No
Fiscal Impact: This change order will be paid from contingency funds and will remain within the overall
Marina Pump Station Project budget. The project is supported by a $13 million Washington State
Department of Ecology loan, along with additional funds budgeted from Sewer Capital Projects and
Sewer Operating. Sufficient budget authority is provided in the adopted 2025-2026 biennial budget.
Alternatives: Do not approve and provide further guidance.
Attachments:
RFI No. 108 Additional Asphalt Paving Response.pdf
C059-23-MarinaLS_CO#9.pdf
220
Contractor Initiated
R -12 ..�
Request for information (RFI) No. 108
Owner:
The City of Port Orchard
Project:
City of Port Orchard Marina Pump Station Imp
QR1IARD Project No:
PW2018-019
Engineer:
RH2 Engineering, Inc.
Contractor:
Stellar J Corporation
Review Priority: 0 1 (five working days) ❑ 2 (ten working days) ❑ 3 (fifteen working days)
Date of Requested Response (based on review priority): ASAP
Reference Drawing(s): Click or tap here to enter text. Specification Section(s): Click or tap here to enter text.
Description of Request:
Please see attached drawing and ROM for additional asphalt paving per discussion during walk through
on site 8/07/2025.
Please advise if SJC should proceed with scheduling this additional work.
Cost Impact: TO BE PROVIDED
Schedule Impact: TO BE PROVIDED
Comments (If cost or schedule impact, provide reasoning): Click or tap here to enter text.
Submitted By: Kirt Achterman Contractor: SJC Date: 8/7/2025
Engineer's Response:
Please proceed with scheduling the work related to the
additional asphalt paving as seen in the attached drawing.
Attachments:
Engineer's Understanding of: Cost Impact:
text.
Engineer's Name: Click or tap here to enter text.
Jack Orr
Engineer's Signature
Schedule Impact: Click or tap here to enter
8/18/2025
Date
How Returned to Contractor: ❑ Email ❑ Fax ❑ USPS Mail ❑ UPS/FedEx
Date returned to Contractor: Click or tap to enter a date.
CONCRETE LANDING
ELEVATION = 16.5'
ABOVE -GRADE MULTI -USE
FACILITY
1 CONCRETE
L007 SURFACING, TIE
INTO EXISTING
ELEVATIONS
EXISTING /
CONCRETE, TYP.
01
U b
2
REMOVABLE BOLLARDS
(TYP.), SEE DWG NO. L011
RESTORE ASPHAL
SEE CITY ROAD VV„ I J I PSI V LJr'I\UIJ I VI\
APPROPRIATE PAVEMENT SECTION
I
POINT TABLE - SITE
POINT NO.
NORTHING
EASTING
DESCRIPTION
1
203242.58
1194520.13
TOP OF CURB
2
203238.27
1194535.39
TOP OF CURB
3
203232.47
1194555.95
TOP OF CURB
4
203231.14
1194560.67
TOP OF CURB
5
203227.06
1194562.23
EDGE OF PAVEMENT
6
203213.62
1194614.41
EDGE OF PAVEMENT
7
203319.72
1194733.92
EDGE OF SIDEWALK
8
203256.42
1194734.69
CENTER OF RADIUS
9
203314.13
1194708.70
EDGE OF SIDEWALK
10
203294.10
1194717.60
CENTER OF RADIUS
11
203299.87
1194696.45
EDGE OF SIDEWALK
12
203296.49
1194695.73
EDGE OF SIDEWALK
13
203290.37
1194694.43
EDGE OF SIDEWALK
- -
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M / / N�
/ / Q
UJ;MP STATION
�I I CONTROO TR T\
2 _ _ PORT OFFICE
�` i �r/ BUILDING
< 2< a E
34
�' 36 35 32
5WIDE ADA RAMP 31 9 7
00
STAIR ACCESS
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0
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ACCESS PLINTH 20
I __
RESTORE DRIVE -THROUGH
O ASPHALT TO EXISTING OR
A CONCRETE BETTER CONDITIONS
DRIVE_ THRU S [ KITSAP
BANK
PROPOSED ABOVE GRADE SITE PLAN
1"=20'
SINCLAIR INLET
EXISTING ASPHALT
PARKING LOT
LAUNDRY
BUILDING
////////y11G%%
RE/ / / / / STR
/ 7 ///////BUILDING
/L
9 1< PROPOSED\\\
GENERATOR
RESTORE LANDSCAPING
TO MATCH EXISTING
PROPOSED
25
POINT TABLE - SITE
POINT NO.
NORTHING
EASTING
DESCRIPTION
14
203278.86
1194692.77
EDGE OF SIDEWALK
15
203270.29
1194691.54
EDGE OF SIDEWALK
16
203225.95
1194685.16
EDGE OF SIDEWALK
17
203222.59
1194704.44
CENTER OF RADIUS
18
203214.10
1194686.81
EDGE OF SIDEWALK
20
203192.85
1194703.56
EDGE OF SIDEWALK
21
203197.10
1194678.59
EDGE OF SIDEWALK
22
203209.71
1194681.81
EDGE OF SIDEWALK
23
203209.66
1194682.49
CENTER OF RADIUS
24
203209.98
1194683.09
EDGE OF SIDEWALK
25
203235.06
1194929.28
EDGE OF GENERATOR STEM WALL
26
203214.89
1194920.21
EDGE OF GENERATOR STEM WALL
SEE DWG NO. L001 FOR POINT ELEVATIONS
POINT TABLE - BOLLARDS
POINT NO.
NORTHING
EASTING
DESCRIPTION
27
203239.74
1194539.07
REMOVABLE BOLLARD
28
203238.41
1194543.91
REMOVABLE BOLLARD
29
203237.07
1194548.75
REMOVABLE BOLLARD
30
203235.74
1194553.60
REMOVABLE BOLLARD
31
203306.61
1194690.22
REMOVABLE BOLLARD
32
203310.54
1194693.55
REMOVABLE BOLLARD
33
203314.46
1194696.88
REMOVABLE BOLLARD
34
203318.39
1194700.21
REMOVABLE BOLLARD
I A
RESTORE ASPHALT TO MATCH EXISTING,
SEE CITY ROADWAY STANDARDS FOR
APPROPRIATE PAVEMENT SECTION
ADA RAMP ELEVATION TABLE
POINT
NORTHING
EASTING
DESCRIPTION
35
203304.43
1194665.62
EDGE OF RAMP
36
203306.86
1194660.02
EDGE OF RAMP
37
203278.50
1194616.46
EDGE OF RAMP
PROPOSED
LANDSCAPING BUFFER
RESTORE ASPHALT TO MATCH EXISTING,
SEE CITY ROADWAY STANDARDS FOR
APPROPRIATE PAVEMENT SECTION
SIGNED: 06/02/2023
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DRAWING IS FULL SCALE WHEN
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DWG NO.: SHEET NO.:
C012 16 123
STELLAR J CORPORATION
STELLAR J
City of Port Orchard - Marina Pump Station Improvements
An omploy.o owned company
SJC Project No: 23009
Change Order Request No: Additional Asphalt Paving ROM
Description:
Strip and repave parking lot due to sinkholes. Approx 4,800 SF
Strip and repave Frederick Ave, Approx 2,000 SF
Contract Time Extension Request:
Change Order Request Summary:
DESCRIPTION
Rates
COST
Labor - Direct Cost Total:
---
$5,998.60
Material - Direct Cost Total:
---
$3,385.00
Equipment - Direct Cost Total:
---
$3,045.00
Subcontractor - Direct Cost Total:
---
$44,830.36
Labor - OH&Profit:
29%
$1,739.59
Material & Services - OH&Profit:
21%
$710.85
Equipment - OH&Profit:
21%
$639.45
Subcontractor - OH&Profit:
12%
$5,379.64
Subtotal Directs above and Markups:
$65,728.49
CHANGE REQUEST TOTAL PRICE:
---
$65,728.49
Notes:
1. This proposal is based on straight time labor and equipment unless expressly noted.
2. The price is good for acceptance within 10 days of receipt.
3. The price excludes Washington State Sales Tax
Page 1
223
STELLAR J CORPORATION ,t�
City of Port Orchard - Marina Pump Station Improvements STELLAR J
An employee owned company
SJC Project No: 23009
Change Order Request No: Additional Asphalt Paving ROM
Description:
Strip and repave parking lot due to sinkholes. Approx 4,800 SF
Strip and repave Frederick Ave, Approx 2,000 SF
Contract Time Extension Request:
Change Order Request Direct Cost Detail:
STELLAR J CORPORATION(SJC) LABOR:
NO.
DESCRIPTION
UNIT
UNITS
UNIT COST
TOTAL COST
1
HRS
$ -
$ -
Small Tools & Consumables
$ -
Health \ Safety for SCI
$ -
S/T Labor Cost:
$ -
STELLLAR J CONSTRUCTION (SCI) LABOR(Leased Labor):
NO.
DESCRIPTION
UNIT
UNITS
UNIT COST
TOTAL COST
4800 SF
Operator Foreman
HRS
20.00
$ 117.57
$ 2,351.37
Laborer
HRS
20.00
$ 74.69
$ 1,493.89
2000 SF
Operator Foreman
HRS
10.00
$ 117.57
$ 1,175.68
Laborer
HRS
10.00
$ 74.69
$ 746.94
Small Tools & Consumables
$ 115.36
Health \ Safety for SCI
$ 115.36
S/T Labor Cost:
$ 5,998.60
MATERIALS & SERVICES:
NO.
DESCRIPTION
UNIT
UNITS
UNIT COST
TOTAL COST
Baserock - 4,800 SF
TN
90.00
$ 14.50
$ 1,305.00
Baserock - 2,000 SF
TN
40.00
$ 14.50
$ 580.00
Asphalt Disposal - 4,800 SF
TN
110.00
$ 10.00
$ 1,100.00
Asphalt Disposal - 2,000 SF
TN
40.00
$ 10.00
$ 400.00
S/T Material Cost:
$3,385.00
EQUIPMENT:
NO.
DESCRIPTION
UNIT
UNITS
UNIT COST
TOTAL COST
4800 SF
1
Excavator
HRS
20.00
$ 80.00
$ 1,600.00
2
Compactor
HRS
10.00
$ 43.00
$ 430.00
2000 SF
1
Excavator
HRS
10.00
$ 80.00
$ 800.00
2
Compactor
HRS
5.00
$ 43.00
$ 215.00
S/T Equipment Cost:
$ 3,045.00
SUBCONTRACTOR
NO.
DESCRIPTION
UNIT
UNITS
UNIT COST
TOTAL COST
Puget Paving
Top Course and Paving - 4800 SF
LS
1.00
$6,793.20
$ 6,793.20
Top Course and Paving - 2000 SF
LS
1.00
$32,708.00
$ 32,708.00
Mobilization
LS
1.00
$2,500.00
$ 2,500.00
Triple C Trucking
HRS
15.00
$145.00
$ 2,175.00
Health \ Safety:
$ 654.16
S/T Subcontractor Cost:
$ 44,830.36
Direct Health\Safety, Small Tools & Consumables
No.
DESCRIPTION
RATE
1
Health & Safety
2%
2
Consumables
2%
Page 1
224
CITY OF PORT ORCHARD
Authorization for Change Order No. 9
Date: 9/9/2025
Project:
Contract / Job #
Marina Sewer Lift Station
C059-23
Contractor: Stellar J Corporation
1363 Downriver Drive
Woodland, WA 98674
THIS CHANGE ORDER AUTHORIZES (add description).
Additional asphalt paving adjacent to sidewalks, building, and utility trenching repairs, as well as supplemental paving at Frederick Avenue and
central site areas to restore parking due to poor pavement conditions near catch basin drains and tree planters (RFI 108).
Amount Sales Tax Total Date Appvd by
Original Contract
$13,621,175.00
$1,266,769.28
$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
12 -Apr -25
Council
Change Order 6
$13,097.30
$1,218.05
$14,315.35
14 -Apr -25
Director
Change Order 7
$25,774.55
$2,397.03
$28,171.58
21 -Aug -25
Director
Change Order 8
$13,024.40
$1,211.27
$14,235.67
26 -Aug -25
Director
Change Order 9
$65, 728.49
$6,112.75
$71,841.24
9 -Sep -25
Council
Total Contract $14,176,383.51 $1,324,516.41 $15,566,628.41
I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and
costs are true and accurate.
Contractor Approval Signature
Printed Name & Title
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
225
Meeting Location:
Contact us:
Council Chambers
Phone (360) 876-4407
216 Prospect Street
cityhallwww.portorchardwa.gov
r
Port Orchard, WA 98366
www.portorchardwa.gov
City Council
Minutes
Work Study Session of Tuesday, July 15, 2025
Roll Call was taken by the City Clerk as follows:
Present: Scott Diener, Mayor Pro-Tempore, Position No. 3
Fred Chang, Councilmember Position No. 6
John Morrissey, Councilmember, Position At -Large
Heidi Fenton, Councilmember, Position No. 5
Robert Putaansuu, Mayor
Eric Worden, Councilmember, Position No. 4
Jay Rosapepe, Councilmember, Position No. 2
Absent: Mark Trenary, Councilmember, Position No. 1
Staff present: Community Development Director Bond, Public Works Director Ryan, and City
Clerk Wallace.
Staff present via Zoom: Finance Director Crocker, and City Attorney Archer
Mayor Putaansuu called the meeting to order at 6:30pm.
A. Pledge of Allegiance
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. DISCUSSION ITEMS
A. Community Event Center Presentation
Dean Kelly, Laurie Cook, and Leah Swobda with Rice Fergus Miller provided a presentation
'Port Orchard Community Event Center' which included:
• Master Plan Schedule
• Orchard Plaza
Site Plan,
Schematic Design
• Shoreline
Habitat Improvement Plan,
• Community Events Center
o Floor Plan Level 01
o Floor Plan Level 02
o Feature Wall Graphic
226
July 15, 2025, City Council Work Study Meeting Minutes
Page 2 of 3
Additional conversation included landscaping, lighting, streetlights, solar power, retaining
wall, sharing space with Kitsap Regional Library, office space, event space capacity,
bathrooms, glass doors, adding more space to conference rooms, kitchen, shared working
spaces, and parking.
B. Post Legislative Session Update
Shelly Helder with Gordon Thomas Honeywell Governmental Affairs, provided a presentation
'Legislative Update' which included:
• Purpose
• Overview of 2025 Legislative Session
o Operating, Capital, and Transportation
• Port Orchard's 2025 Legislative Priorities
o Port Orchard Downtown Reconstruction Project
o Municipal Water Supply -Foster Pilot Program
o Sedgwick Roundabouts at SR16/SR160 Intersections
• Other Important Topics
Public Safety
o Housing & Homelessness Mandates
o Infrastructure Funding
• Expectations for the 2026 Legislative Session
Supplemental Budget Year
o Policy Issues
• AWC Legislative Priorities Development
• Approach to Legislative Agenda Development
• Next Steps.
Additional discussion was held on water rights, how to get Port Orchard noticed by the state,
and priorities for the City.
C. Multi Family Tax Exemption
Community Development Director Bond provided a presentation' MFTE (Multi -Family
Tax Exemption) Review' which included:
• MFTE Types
o 8 -Year Property Tax Exemption
• 12 -Year Property Tax Exemption
• 20 -Year Property Tax Exemption
All MFTE projects must in in urban center (to be defined by City)
• MFTE Basics,
• Previous MFTE Approvals
o Overlook Apartments (The Charleston)
o Sedgwick Apartments (Pottery Creek Phase 2)
o Salmon berry Apartments
o Plisko Apartments
o Sedgwick Multifamily (Pottery Creek Phase 1)
o The Ramsey
o Blueberry Apartments
• Case Study
227
July 15, 2025, City Council Work Study Meeting Minutes
Page 3 of 3
o Overlook Apartments (The Charleston) vs. Peyseno Apartments
• Is Port Orchard Meetings Its Housing Targets
• Has Increasing Housing Supply Stabilized Housing Prices/Rents,
• Which Building Types Are Not Being Developed
Middle Housing (except McCormick Village
Mixed Use Shopfront Buildings
o Affordable Ownership Units
o Apartments with Underground Parking
o Apartments taller than 3 -stories
o Downdown/Redevelopment
• Which Building Types Are Being Developed
Detached Houses
o Garden Apartments
o McCormick Village Mixed Housing Rentals
• Pros and Cons of METE
• Are Existing Affordable METE Units Worth the Tax Shift
• Recommendations 8 -Year METE
• Recommendations for 12 and 20 -Year MFTE
• Staff Recommendation
o Recommend bringing back a targeted 8 -year METE Program
Additional discussion was held regarding tax shifts, population growth, stabilized vacancy, tax
exemptions, and continuing this discussion at another work study meeting.
D. Downtown Revitalization Grant Program
This discussion was not held.
E. Public Comment Interactions
This discussion was not held.
3. GOOD OF THE ORDER
Good of the Order not held.
Mayor Putaansuu briefly reported on the bid opening for the Sidney Non -Motorized
Improvements Projects, paving within the City, out to bid on removal of the overwater
houses, ribbon cutting on new pickleball courts near the end of August, and concerns
with placing a locker at the new pickleball court as a lot of the players are not City
residents.
4. ADJOURNMENT
The meeting adjourned at 9:15 p.m.
Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor 228
CITY COUNCIL ADVISORY COMMITTEE MEETING DATES
STANDING COMMITTEE
Date & Time
Location
Economic Development and Tourism
September 8, 2025; 9:30am
Remote Access
Utilities
September 9, 2025; 4:30pm
Remote Access
Finance
September 16, 2025; 4:00pm
Remote Access
Transportation
September 23, 2025; 4:30pm
Remote Access
Land Use
September 17, 2025; 4:30pm
Remote Access
Lodging Tax Advisory
TBD, 2025
City Hall
Sewer Advisory
September 9, 2025; 3:00pm
WSUD
Outside Agency Committees
Varies
Varies
Coffee with the Council
September 6, 2025; 10:00AM
701 Bay Street
*Dates subject to change
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Robert (Rob) Putaansuu
Mayor
Administrative Official
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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
PSRC-alt
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
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