HomeMy WebLinkAbout11/25/2025 - 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, November 25, 2025
6:30 PM
Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the City Council is conducting its public meeting
in a hybrid format with options for in -person attendance in the Council Chambers at City Hall or remote viewing
and participation via Zoom (link below). The meeting is streamed live on the City's YouTube channel, click here.
Remote Access
Link: https://us02web.zoom.us/j/85743514238
Zoom Meeting ID: 857 43514238
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 an Ordinance authorizing the positions of Communications Specialist,
November 25, 2025 Meeting Agenda
Plans Examiner/Building Inspector III, Senior Project Coordinator/Inspector, and
Establishing General Duties and Qualifications (Lund)
D. Approval of an Interlocal Grant Agreement with the Washington State Traffic Safety
Commission (WTSC) for High -Visibility Safety Emphasis Patrols (Brown)
E. Approval of an Interlocal Cooperative Agreement for Housing Incarcerated Individuals
with Kitsap County Sheriffs' Office (Brown)
5. Presentation
6. Public Hearing
(Accepting public testimony from citizens limited to the specific item listed)
7. Business Items
A. Adoption of an Ordinance Accepting the Donation of Real Property, Tax Parcel No.
5392-000-001-0004, from Port Orchard Industrial Park, LLC (Ryan)
B. Approval of Fourth Amended Interlocal Agreement with Kitsap Public Facilities District
for a Time -Only Extension (Crocker)
C. Approval of the October 28, 2025, City Council Regular Meeting
8. Discussion Items
(No Action to be Taken)
A. Cabaret Licenses (Archer)
9. Reports of Council Committees
(Three council members serve on the committee with staff to make collaborative recommendations about work
product. Staff then prepares the items for full council consideration based on the committee's discussion.)
A. Council Advisory Committees
10. Report of Mayor
11. Report of Department Heads
12. Citizen Comments
(This is an opportunity for citizens to address the City Council on any items that are not associated with a Public
Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand
if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the official record. If you
are attending remotely by Zoom via telephone, enter *9 from your keypad to raise your hand.)
13. Good of the Order
14. Executive Session
Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the
session duration will be announced prior to the executive session.
15. Adjournment
ADA Requirements
In compliance with the American with Disabilities Act, if you need accommodations to participate in this meeting, please
November 25, 2025 Meeting Agenda
2
contact the City Clerk's office at (360) 876-4407. Notification at least 48 hours in advance of meeting will enable the City
to make arrangements to assure accessibility to this meeting.
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November 25, 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 an Ordinance authorizing the positions of Communications Specialist,
Plans Examiner/Building Inspector III, Senior Project Coordinator/Inspector, and Establishing General
Duties and Qualifications (Lund)
Meeting Date: November 25, 2025
Prepared By: Debbie Lund, Human Resources Director, CEBS SPHR SHRM-SCP
Presenter: Debbie Lund, CEBS SPHR SHRM-SCP, Human Resources Director
Summary and Background:
As part of the 2025-2026 budget mid -biennial amendment process, departments made requests for
revisions to existing positions, as well as requests for new positions. The City Clerk's Office requested a
Communications Specialist position, Community Development requested a Plans Examiner/Building
Inspector III position and Public Works requested a Senior Project Coordinator/Inspector position.
These changes were approved and adopted by the City Council on October 28, 2025, as part of the
budget amendment ordinance.
These positions do not currently exist at the City and therefore staff have been working on job
descriptions. By this Ordinance, the Council would establish the general duties and responsibilities for
the positions of Communications Specialist, Plans Examiner/Building Inspector III and Senior Project
Coordinator/Inspector.
The City Council previously adopted Ordinance 008-20, which delegates authority to the Mayor to
establish and amend job descriptions, provided they are consistent with the general qualifications and
duties assigned by the Council. Therefore, attached to this proposed Ordinance for Council's
consideration is a summary of qualifications and duties for the three proposed positions and the
Mayor will establish job descriptions consistent with these general duties and responsibilities.
Relationship to Comprenhensive Plan: n/a
Recommendation:
Staff recommends approval of the attached ordinance for the positions of Communications Specialist,
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Plans Examiner/Building Inspector III and Senior Project Coordinator/Inspector created through the
2025-2026 budget amendment process.
Motion for Consideration: I move to adopt an Ordinance establishing the positions of
Communications Specialist, Plans Examiner/Building Inspector III, and Senior Project
Coordinator/Inspector, and establishing general qualifications and duties for these positions.
Has item been presented to Committee/Work Study? If so, which one: No
Fiscal Impact: Included in the 2025-2026 budget.
Alternatives: Do not approve the general qualifications and duties and provide alternative guidance.
Attachments:
Ordinance 2026 new positions.docx
Appendix A new positions 2026.pdf
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
TO ESTABLISH GENERAL QUALIFICATIONS AND DUTIES OF THE
POSITIONS OF COMMUNICATIONS SPECIALIST, PLANS
EXAMINER/BUILDING INSPECTOR III AND SENIOR PROJECT
COORDINATOR/INSPECTOR; PROVIDING FOR SEVERABILITY AND
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the approved amendment to the 2025-2026 budget contains the addition of
the newly created positions of Communications Specialist, Plans Examiner/Building Inspector III,
and Senior Project Coordinator/Inspector; and
WHEREAS, Ordinance 008-20 delegates authority to the Mayor to establish and amend
job descriptions, provided they are consistent with the general qualification and duties assigned
by the council; and
WHEREAS, a statement of the general qualifications and duties of these three positions
is attached hereto as Appendix A, and incorporated herein by reference; and
WHEREAS, the rate of pay for these new positions was set through the 2025-2026 budget
amendment process; Now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council hereby authorizes the creation of the position of
Communications Specialist with qualifications and general duties as generally provided for in
Appendix A.
SECTION 2. The City Council hereby authorizes the creation of the position of Plans
Examiner/Building Inspector III with qualifications and general duties as generally provided for in
Appendix A.
SECTION 3. The City Council hereby authorizes the creation of the position of Senior
Project Coordinator/Inspector with qualifications and general duties as generally provided for in
Appendix A.
SECTION 4. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
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Ordinance No.
Page 2 of 2
SECTION 5. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and effect
five days after publication as provided by law..
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 25th day of November 2025.
Robert Putaansuu, Mayor
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
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Appendix A
Proposed New Positions
Position Communications Specialist
Department City Clerk
Major Job Function and Purpose
Handles Citywide public information and media relations to a broad range of audiences. Provides
communications assistance to the Mayor and City departments. Serves as the City's webmaster and
primary contact for social media. Provides administrative assistance to the City Clerk's office.
General Function
The Communications Specialist creates written and visual content for print and digital publications,
website, social media and other platforms while ensuring accessibility of language to meet
community needs. Posts website content and manages the City's social media platforms. Creates
and distributes press releases and public notices. Support the City Clerk's office with
administrative tasks such as management of the Mayor's schedule, records management,
purchasing, public records requests, and preparing materials for Council meetings.
Minimum Qualifications Include*
Associate's Degree in Public Administration, Business Administration, Communications,
Marketing, or a closely related field, is required. Two (2) years of experience in communications,
public outreach, and/or marketing are also required. Current, valid, unsuspended driver's license
required upon hire. Out of state candidates are required to obtain a WA state driver's license in
accordance with state law.
Ordinance 008-20 delegates authority to the Mayor to establish and amend job description as
needed provided they are consistent with general qualifications and duties assigned by the City
Council at the time the position is created by Council.
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Appendix A
Page 2
Position Plans Examiner/Building Inspector III
Department Community Development
Major Job Function and Purpose
Under the direction of the Deputy Director Community Development, performs mechanical,
plumbing, building, and fire inspections of commercial and residential buildings and constructions
sites, as well as plan review as needed.
General Function
The Plans Examiner/Building Inspector III performs a variety of duties related to residential and
commercial development including inspection of commercial and residential construction projects
and interpretation of applicable building, plumbing, mechanical, fire, and environmental codes.
Work involves examining installation methods, materials, and construction details of commercial,
multifamily, and single-family structures to verify compliance with standards, codes, regulations,
and approved plans; providing information concerning construction codes and requirements;
preparing reports; and operating inspection tracking software and reporting systems.
Minimum Qualifications Include*
High School or GED is required. Four (4) years of experience performing commercial,
multifamily, and residential inspections for a municipal government are required. ICC or IAPMO
certifications as a Residential Building Inspector (B 1), Commercial Building Inspector(B2),
Mechanical Inspector (M1) and Plumbing Inspector (P1) are all required upon hire. Current, valid,
unsuspended WA Driver's License is required upon hire. Out of state candidates are required to
obtain a WA state driver's license in accordance with state law.
Preferred qualifications include experience working in construction trades, trade school
completion, work as a building or fire plans examiner in municipal government and ICC
Certification as a Building Plans Examiner and Fire Inspector I.
Appendix A
Page 3
Position Senior Project Coordinator/Inspector
Department Public Works
Major Job Function and Purpose
This position oversees City project coordination to ensure successful completion of Public Works
projects on time and within budget. Performs supervisory duties including employee training,
review, discipline, and hiring.
General Function
The Senior Project Coordinator/Inspector plans, organizes and manages engineering and
construction programs and projects, serving as project manager and inspector. This position is
differentiated from lower level positions due to complexity of projects managed and supervisory
authority over other positions.
Minimum Qualifications Include*
Associate's Degree and demonstrated supervisory skills are required. Four (4) years of relevant
experience are required. Current, valid, unsuspended driver's license required upon hire. Out of
state candidates are required to obtain a WA state driver's license in accordance with state law.
Preferred qualifications include experience with project management and inspection of public and
private development projects; EIT or PE license; and a Project Management Professional
Certification.
* All position descriptions allow the hiring manager to consider any combination of experience
and training that provides the desired skills, knowledge and abilities.
10
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 an Interlocal Grant Agreement with the Washington State Traffic Safety
Commission (WTSC) for High -Visibility Safety Emphasis Patrols (Brown)
Meeting Date: November 25, 2025
Prepared By: Matt Brown, Police Chief
Presenter: Matt Brown, Police Chief
Summary and Background: This Interlocal Agreement continues our cooperative participation in the
Washington Traffic Safety Commission's Region 9 Target Zero Task Force. The Kitsap County Sheriff's
Office administratively manages the program and provides access to funding for regional traffic safety
campaigns and emphasis patrols. This ILA is a continuation of those previously signed.
Relationship to Comprenhensive Plan: N/A
Recommendation: I move to authorize the Mayor to sign the Interlocal Agreement between the City
and the Washington Traffic Commission.
Motion for Consideration: I move to authorize the Mayor to sign the Interlocal Agreement between
the City and the Washington Traffic Commission.
Has item been presented to Committee/Work Study? If so, which one: No
Fiscal Impact: The annual contribution of $2,500 per participating agency is included in the 2025-2026
Biennial Budget. Participation in the ILA also provides agencies with access to additional funding for
traffic safety campaigns, equipment, and overtime reimbursement.
Alternatives: Decline to sign the ILA and provide additional guidance.
Attachments:
HVE_IAA _Agreement _Port Orchard Police Department.pdf
11
BWEMS
INTERAGENCY AGREEMENT BETWEEN THE
Washington Traffic Safety Commission
Port Orchard Police Department
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission,
hereinafter referred to as "WTSC," and SUB RECIPIENT NAME Port Orchard Police Department,
hereinafter referred to as "SUB -RECIPIENT."
NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34,
terms, conditions, covenants, and performance contained herein, or attached and incorporated and made
a part hereof, the parties mutually agree as follows:
1. PURPOSE OF THE AGREEMENT:
The purpose of this Agreement is to provide funding, provided by the United States Department of
Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the
Assistance Listings Catalog of Federal Domestic Assistance (CFDA) numbers 20.600 and 20.616 for
traffic safety grant project 2026-HVE-5731-Region 9 HVE, specifically to provide funding for the law
enforcement agencies in WTSC Region 9 to conduct straight time or overtime enforcement activities
(traffic safety emphasis patrols) as outlined in the Statement of Work (SOW), in support of Target Zero
priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the
SOW with the SUB -RECIPIENT with the goal of reducing traffic crashes.
WTSC grant 2026-HVE-5731-Region 9 HVE was awarded to the WTSC Region 9 to support collaborative
efforts to conduct HVE activities. By signing this agreement, the SUB -RECIPIENT can seek reimbursement
for straight time or overtime for approved law enforcement activity expenses incurred as a participant in
the region's HVE grant.
2. PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence upon the date of execution by both parties,
but not earlier than October 1, 2025, and remain in effect until September 30, 2026 unless terminated
sooner, as provided herein.
3. SCOPE OF WORK
3.1.1 Problem ID and/or Opportunity
In 2023, Washington State experienced the deadliest year on its roads since 1990. The trajectory of this
rise in fatalities reflects a broader trend of increasing impairment -related crashes, speeding, and
compounding issues in law enforcement, medical, and judicial systems. This uptick in fatal crashes is
deeply intertwined with impaired driving, law enforcement challenges, and societal impacts.
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BWEMS
A Decade of Increasing Traffic Fatalities
The rise in fatalities has been both sharp and persistent:
• 2015 saw a drastic 19.3% increase in traffic fatalities, the largest single -year jump since data collection
began in 1968.
• Following this spike, fatalities stabilized between 2015 and 2019.
• In 2020, despite pandemic -related reductions in traffic volume, fatalities climbed 6.7%, from 538 to 574.
• The situation worsened in 2021-2023, when fatalities surged by 20.2%, from 674 in 2021 to 810 in 2023,
the highest number since 1990. This five-year increase represents the most rapid rise in traffic fatalities
recorded in Washington State's history.
• Pedestrian fatalities were a record -high of 157 in 2023 and pedestrian serious injuries reached 472, also
a record high for the state.
This project will fund locally coordinated enforcement mobilizations to address impaired driving,
distracted driving, seat belt safety, speeding, and motorcycle safety. Funding and events will be organized
by local Target Zero Managers (TZMs) & the statewide Law Enforcement Liaison networks and their local
Target Zero Task Force. These patrols will also be coordinated with the Washington State Patrol (WSP).
Target Zero Managers will establish or strengthen relationships with key WSP district personnel to
improve interagency coordination.
3.1.2 Project Purpose and Strategies
This project will fund High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP)
patrols to prevent impaired driving, distracted driving, seat belt use, speeding, and motorcycle safety.
High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols are designed
to create deterrence by increasing the expectation of a citation/fine/arrest. Officers may also remove
high risk (impaired) drivers when encountered. So together, this countermeasure works by preventing
dangerous driving behaviors and stopping those who still decide to engage in those behaviors.
Funding and events will be organized by local TZMs, LELs, and their local Target Zero Task Force. Task
forces will use local data and professional judgement to determine enforcement priorities for their
jurisdictions and will schedule and plan enforcement and outreach activities. Regional participation in the
following National Campaigns is mandatory:
• Impaired driving enforcement during the Holiday DUI campaign (December 2025).
• Distracted driving enforcement during the Distracted Driving campaign (April 2026)
• Seat belt enforcement during the Click It or Ticket campaign (May 2026).
• Impaired driving enforcement during the Summer DUI campaign (August 2026).
These patrols will also be coordinated with the Washington State Patrol (WSP). Target Zero Managers
will establish or strengthen relationships with key WSP district personnel to improve interagency
coordination with the WSP.
3.1.3 Requirements for National Mobilizations and Traffic Safety Enforcement Program (TSEP)
3.1.3.1. HVE events will be data informed; based on crash data, anecdotal evidence, and the professional
judgement of task force members. WTSC strongly believes in the expertise of local officers to understand
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___WEMS
the highest priority areas in their communities to focus their efforts.
3.1.3.2. The SUB -RECIPIENT will ensure that all officers participating in these patrols are BAC certified
and have received and passed the SFST refresher training.
3.1.3.3. SUB -RECIPIENT will ensure all officers participating in Impaired Driving patrols have also received
Advanced Roadside Impaired Driving Enforcement (ARIDE) training.
3.1.3.4. SUB -RECIPIENT shall ensure all participating personnel will use the WEMS system provided by
the WTSC to record all activities in digital activity logs conducted by their commissioned officers
pursuant to the HVE events. Participating officers will fill out all applicable fields of the digital activity log
and use the comments field to provide details on irregularities, challenges or other details that would help
explain what was encountered during their shift. SUB- RECIPIENT will also ensure all supervisors and
fiscal staff have the ability to review and edit those activity logs.
3.1.4 Project Intent and Best Practice
3.1.4.1. SUB -RECIPIENT is encouraged to help their Region Task Force fulfill the requirement to
participate in the four mandatory National Campaigns. (Holiday DUI campaign in December 2025,
Distracted Driving campaign in April 2026, Click It or Ticket campaign in May 2026, and Summer DUI
campaign in August 2026).
NOTE: Agencies must participate in speed or impaired driving enforcement under this agreement to be
eligible to receive funding under the WASPC equipment grant.
3.1.4.2. SUB -RECIPIENT is strongly encouraged to participate in their task force to plan and execute
enforcement events.
3.1.4.3. Regional task force will be submitting quarterly progress reports and SUB -RECIPIENT is
encouraged to participate to the fullest extent possible. Quarterly progress reports are due January 15,
April 15, July 15, and October 15.
3.1.4.4. WTSC encourages participating officers to prioritize violations that directly contribute to the injury
and death of road users, such as impaired driving, speeding, distracted driving, non -restraint, etc.
3.1.4.5. SUB -RECIPIENT should promote patrol events through all earned, owned and, if funded, paid
media that is available so that the public is made aware of the event before, during, and after the
enforcement takes place. It is best practice to translate messages as needed and invite local media
involvement in the effort to reach communities in which HVE will occur.
3.1.4.6. SUB -RECIPIENT should strive to actively enforce traffic safety laws focused on collision causing
behaviors in priority areas throughout the year outside of HVE events.
3.1.4.7. When participating in motorcycle patrols SUB -RECIPIENT should focus on the illegal and unsafe
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driving actions of all motor vehicles interacting with motorcycles. This includes speeding, failure to yield
to a motorcycle, following too closely to a motorcycle, distracted driving, etc.
3.1.4.8. When participating in motorcycle patrols SUB -RECIPIENT should ensure that enforcement will
focus on the illegal and unsafe driving actions of motorcycles that are known to cause serious and fatal
crashes. This includes impaired driving, speeding, and following too closely.
3.1.4.9. Performance will be monitored by the regional TZM, LEL, and Task Force, as well as WTSC. WTSC
reserves the right to designate specific officers as ineligible for cost reimbursement. This will occur if an
officer is determined to not have not met the purpose/intent of this grant in multiple emphasis patrols.
3.1.4.10. Funds can be used to support the mentoring of officers in traffic enforcement. This can be
focused on impaired driving, or general traffic enforcement.
For DUI mentorship, WTSC has found it to be best practice to include a mix of instruction and practical
experience. The mentor should be a DRE when possible, or a highly effective DUI emphasis patrol officer
with a minimum of ARIDE training. Mentor/mentee activities will be pre -approved by the TZM or LEL after
the mentee submits their interest.
3.1.4.11. Community outreach/collaboration: Funds can be used to pay for traffic safety focused
community outreach and collaboration activities. The operational approach for regional community
outreach and collaboration activities should be developed at the Task Force level and be approved by the
WTSC. WTSC recommends that these activities include an opportunity for the audience to provide
feedback on local traffic safety priorities and activities, which ideally will influence the region's plan for
traffic safety programming.
3.1.4.12. In order to receive funding from this grant, agencies must participate with the regional traffic
safety task force/coalition in the planning efforts for these activities.
3.1.4.13. WTSC also encourages all law enforcement agencies in Washington to utilize WTSC's data
analysis resources, such as interactive dashboards and data from a statewide attitudinal survey, as well
their regional Target Zero Manager to identify priorities for engaging with the community.
3.1.4.14. WTSC will provide tools for documenting community collaboration activities, such as the WEMS
activity log.
3.1.5 NATIONAL AND STATE-WIDE MOBILIZATIONS
Not all agencies are required to participate in all of the mobilizations listed below. However, the region
must have some law enforcement participation in all of the mobilizations listed. Dates are tentative and
may change when NHTSA publishes their FFY2026 mobilization calendar.
Mobilization Dates
Holiday DUI December 16, 2025 — January 1, 2026
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BWEMS
U Drive. U Text. U Pay. April 6 — 13, 2026
Click It or Ticket May 11 — May 31, 2026
It's a Fine Line (optional if funded) July 2026 (Dates TBD)
DUI Drive Sober or Get Pulled Over August 19 - September 7, 2026
3.2 PROJECT GOALS
Prevent traffic crashes to reduce traffic related deaths and serious injuries through active, visible,
consistent, and targeted traffic law enforcement, law enforcement training, and community outreach. Law
enforcement can have a profound effect on traffic safety and this project aims to increase participation
to accomplish that.
3.3 COMPENSATION
3.3.1 The Compensation for the straight time or overtime work provided in accordance with this
Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work
described in the SOW will not exceed dollar total from amounts listed below. Payment for satisfactory
performance shall not exceed this amount unless the WTSC and SUB -RECIPIENT mutually agree to a
higher amount in a written Amendment to this Agreement executed by both the WTSC and SUB -
RECIPIENT. Comp -time is not considered overtime and will not be approved for payment. All law
enforcement agencies who are active members of the Region's traffic safety task force with a fully
executed grant agreement are eligible to participate in this grant.
3.3.2 WTSC will reimburse for personnel straight time or overtime expenses at 150 percent of the
officer's normal salary rate plus SUB-RECIPIENT's contributions to employee benefits, limited to the
following:
• FICA
• Medicare
• Any portion of L&I that is paid by the employer (SUB -RECIPIENT)
• Retirement contributions paid by the employer (SUB -RECIPIENT) can be included if the contribution is
based on a percentage of their hours worked.
Health insurance, or any other benefits not listed above, are not eligible for reimbursement.
The SUB -RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles,
radars, portable breath testers, etc.) to participate in the emphasis patrols.
3.3.3 Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other
parties impacted by a proposed budget alteration, the budget category amounts may be increased or
decreased without amending this agreement, so long as the total grant award amount does not increase.
HVE grant funds should be managed collaboratively by the SUB -RECIPIENT and the TZM.
These alterations must be requested through email communication between the regional TZM and
assigned WTSC Program Manager. This communication shall include details of the requested budget
modifications and a description of why these changes are needed. The TZM will also send an updated
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quarterly Operations Plan to the WASPC representative monitoring the project if the budget modification
will result in changes to the previously submitted plan.
3.3.4 These funds, designated for salaries and benefits, are intended to pay for the hourly straight time or
overtime costs and proportional amounts of fringe benefits of commissioned staff pursuing the activities
described in the statement of work. These funds may not be used for any other purpose for example any
work required to maintain a law enforcement commission including recertification trainings like firearm
qualification. This agreement is expressly designated to fund salaries and benefits. By signing this
agreement, SUB -RECIPIENT agrees to supply all necessary equipment and vehicles needed to accomplish
the work in the scope of work. WTSC is not responsible for any equipment that is lost, stolen, or
destroyed in the execution of the scope of work.
3.3.5 Dispatch: WTSC will reimburse communications officers/dispatch personnel for work on this
project providing SUB- RECIPIENT has received prior approval from their region's TZM. This activity must
be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed.
3.3.6 Transport Officers: WTSC will reimburse transport officers for their work on this project providing
SUB -RECIPIENT has received approval from their regions TZM. The TZM will work with the regional [EL to
determine if need is warranted for the type of HVE activity. This activity must be overtime and only the
expenses listed in section 3.2 and its subsections will be reimbursed.
3.3.7 The law enforcement agency involved will not schedule individual officer overtime shifts for longer
than eight hours. WTSC understands there may be instances when more than eight hours are billed due
to DUI processing or other reasons and an explanation should be provided on the WEMS Officer Activity
Log.
3.3.8 The law enforcement agency involved will ensure that any reserve officer for whom reimbursement
is claimed has exceeded his/her normal weekly working hours when participating in an emphasis patrol
and is authorized to be paid at the amount requested. Reserve officers may only be paid at the normal
hourly rate and not at the 150 percent overtime rate.
3.4 PROJECT COSTS
The WTSC has awarded $110,000.00 to the WTSC Region 9 Traffic Safety Task Force for the purpose of
conducting coordinated HVE enforcement and community outreach/collaboration activities. The funding
must be used for traffic safety purposes in the areas of impaired driving, distracted driving, occupant
restraint use, speeding, and motorcycle safety. See the project in WEMS for an updated distribution of
funding by specific emphasis area.
By signing this agreement, the SUB -RECIPIENT can seek reimbursement for approved straight time or
overtime expenses incurred as a participant in this grant. Funds are expressly designated for staffing
activities and may not be used for other expenses that may be incurred, such as vehicle damage, supply
replacement, etc. All activity must be coordinated by the region's traffic safety task force and TZM to be
eligible for reimbursement.
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APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
4. ACTIVITY REPORTS
The SUB -RECIPIENT agrees to have all personnel who work HVE patrols submit a WEMS Officer Activity
Log within 24 hours of the end of all shifts worked. These same logs will be associated with invoices as
detailed in the "BILLING PROCEDURE" section. Use of the Officer Activity Log in the WTSC's online grant
management system, WEMS, is required. Supervisor review and accuracy certification will also be done in
WEMS.
5. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Agreement
shall be made by the WTSC.
6. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties in the form of a written request to
amend this Agreement. Such amendments shall only be binding if they are in writing and signed by
personnel authorized to bind each of the Parties. Changes to the budget, SUB -RECIPIENT'S Primary
Contact, and WTSC Program Manager can be made through email communication and signatures are not
required.
7. ALL WRITINGS CONTAINED HEREIN
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 any of the parties hereto.
8. ASSIGNMENT
The SUB -RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part,
without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld.
The SUB -RECIPIENT shall provide the WTSC a copy of all third -party contracts and agreements entered
into for purposes of fulfilling the SOW. Such third -party contracts and agreements must follow applicable
federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of
the funds provided under this Agreement include funds from NHTSA, such third -party contracts and
agreements must include the federal provisions set forth in this Agreement in sections 32 through 40.
9. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to
bear its own attorney fees and costs.
10. BILLING PROCEDURE
All invoices for reimbursement of HVE activities will be done using the WTSC's grant management
system, WEMS. WEMS Officer Activity logs will be attached to invoices, directly linking the cost of the
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activity to the invoice. Because the activity, approval, and invoicing are all done within WEMS, no back up
documentation is required in most cases.
Once submitted by the SUB -RECIPIENT, invoices are routed to the regional TZM for review and approval.
The TZM will submit all approved invoices to the WTSC via WEMS within 10 days of receipt.
Payment to the SUB -RECIPIENT for approved and completed work will be made by warrant or account
transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC.
Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45
days after the expiration date of this Agreement. All invoices for goods received or services performed on
or prior to June 30, 2026, must be received by WTSC no later than August 10, 2026. All invoices for goods
received or services performed between July 1, 2026 and September 30, 2026, must be received by WTSC
no later than November 15, 2026.
11. CONFIDENTIALITY / SAFEGUARDING OF INFORMATION
The SUB -RECIPIENT shall not use or disclose any information concerning the WTSC, or information which
may be classified as confidential, for any purpose not directly connected with the administration of this
Agreement, except with prior written consent of the WTSC, or as may be required by law.
12. COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.
13. COVENANT AGAINST CONTINGENT FEES
The SUB -RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission,
brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application
for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach
of this section by the SUB -RECIPIENT, to annul this Agreement without liability.
14. DISPUTES
14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the
parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final
and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written
decision, the SUB -RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's
appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by
the Director. The decision shall be binding upon the SUB -RECIPIENT and the SUB -RECIPIENT shall abide
by the decision.
14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB -RECIPIENT shall
continue performance under this Agreement while matters in dispute are being resolved.
14.3 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 hereto agree that any such action or proceedings
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shall be brought in the superior court situated in Thurston County, Washington.
15. GOVERNANCE
15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state
of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to
conform to those laws.
15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
15.2.1. Applicable federal and state statutes and rules
15.2.2. Terms and Conditions of this Agreement
15.2.3. Any Amendment executed under this Agreement
15.2.4. Any SOW executed under this Agreement
15.2.5. Any other provisions of the Agreement, including materials incorporated by reference
16. INCOME
Any income earned by the SUB -RECIPIENT from the conduct of the SOW (e.g., sale of publications,
registration fees, or service charges) must be accounted for, reported to WTSC, and that income must be
applied to project purposes or used to reduce project costs.
17. INDEMNIFICATION
17.1. To the fullest extent permitted by law, the SUB -RECIPIENT shall indemnify and hold harmless the
WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims,
demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind
("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB-
RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision
applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with,
or incident to the acts or omissions of the SUB -RECIPIENT, its officers, employees, agents, contractors,
and subcontractors. Provided, however, that nothing herein shall require the SUB -RECIPIENT to indemnify
and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are
caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided
further that if such claims result from the concurrent negligence of
(a) the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC,
its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB -
RECIPIENT, its officers, employees, agents, contractors, or subcontractors.
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17.2. The SUB -RECIPIENT agrees that its obligations under this Section extend to any claim, demand
and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of
this agreement. For this purpose, the SUB- RECIPIENT, by mutual negotiation, hereby waives with respect
to WTSC only, any immunity that would otherwise be available to it against such claims under the
Industrial Insurance provisions chapter 51.12 RCW.
17.3. The indemnification and hold harmless provision shall survive termination of this Agreement.
18. 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.
19. INSURANCE COVERAGE
19.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if
required by law.
19.2. If the SUB -RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to
the start of any performance of work under this Agreement, the SUB -RECIPIENT shall provide WTSC with
proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or
commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB -
RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement.
20. LICENSING, ACCREDITATION, AND REGISTRATION
The SUB -RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and
registration requirements and standards necessary for the performance of this Agreement. The SUB -
RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and
be responsible for payment of all taxes due on payments made under this Agreement.
21. RECORDS MAINTENANCE
21.1. During the term of this Agreement and for six years thereafter, the SUB -RECIPIENT shall maintain
books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect
costs expended in the performance of the services described herein. These records shall be subject to
inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and
federal officials so authorized by law. All books, records, documents, and other material relevant to this
Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors,
the WTSC, and any duly authorized representatives shall have full access and the right to examine any of
these materials during this period.
21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other
party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not
disclose or make available this material to any third parties without first giving notice to the furnishing
party and giving them a reasonable opportunity to respond. Each party will utilize reasonable security
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procedures and protections to assure that records and documents provided by the other party are not
erroneously disclosed to third parties.
22. RIGHT OF INSPECTION
The SUB -RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance
under this Agreement. The SUB -RECIPIENT shall make available information necessary for WTSC to
comply with the right to access, amend, and receive an accounting of disclosures of their Personal
Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any
regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington
State law. The SUB- RECIPIENT shall upon request make available to the WTSC and the United States
Secretary of the Department of Health and Human Services all internal policies and procedures, books,
and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as
a result of this Agreement.
23. RIGHTS IN DATA
23.1. WTSC and SUB -RECIPIENT agree that all data and work products (collectively called "Work
Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright
Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is
not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies,
computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software,
and/or databases to the extent provided by law. Ownership includes the right to copyright, register the
copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to
otherwise use and transfer these rights.
23.2. If for any reason the Work Product would not be considered a work made for hire under applicable
law, the SUB- RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all
rights in the Work Product and any registrations and copyright applications relating thereto and any
renewals and extensions thereof.
23.3. The SUB -RECIPIENT may publish, at its own expense, the results of project activities without prior
review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of
the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed
under this project shall be referred to the WTSC, who will determine through NHTSA whether patent
protections will be sought, how any rights will be administered, and other actions required to protect the
public interest.
24. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC
may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30 -day
notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new
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funding limitations or conditions.
25. 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.
26. SITE SECURITY
While on WTSC premises, the SUB -RECIPIENT, its agents, employees, or sub -contractors shall conform in
all respects with all WTSC physical, fire, or other security policies and applicable regulations.
27. TAXES
All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such
expenses for the SUB- RECIPIENT or its staff shall be the sole responsibility of the SUB -RECIPIENT.
28. TERMINATION FOR CAUSE
If the SUB -RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement
or violates any of these terms and conditions, the WTSC will give the SUB -RECIPIENT written notice of
such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the
SUB -RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB -
RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15 -
day period, this Agreement may be terminated at the end of that period by written notice of the WTSC.
29. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, either party may terminate this Agreement, without
cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the
WTSC shall be liable only for payment required under the terms of this Agreement for services rendered
or goods delivered prior to the effective date of termination.
30. TREATMENT OF ASSETS
30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property
furnished by the SUB- RECIPIENT for the cost of which the SUB -RECIPIENT is entitled to be reimbursed as
a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such
property by the SUB -RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB -
RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such
property in the performance of this Agreement, or (ii) commencement of use of such property in the
performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part,
whichever first occurs.
30.2. Any property of the WTSC furnished to the SUB -RECIPIENT shall, unless otherwise provided herein
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or approved by the WTSC, be used only for the performance of this Agreement.
30.3. The SUB -RECIPIENT shall be responsible for any loss or damage to property of the WTSC which
results from the negligence of the SUB -RECIPIENT or which results from the failure on the part of the
SUB -RECIPIENT to maintain and administer that property in accordance with sound management
practices.
30.4. If any WTSC property is lost, destroyed, or damaged, the SUB -RECIPIENT shall immediately notify
the WTSC and shall take all reasonable steps to protect the property from further damage.
30.5. The SUB -RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion,
termination, or cancellation of this Agreement.
30.6. All reference to the SUB -RECIPIENT under this clause shall also include SUB-RECIPIENT's
employees, agents, or sub- contractors.
31. 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.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300
APPENDIX A):
32. BUY AMERICA ACT
The SUB -RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing
items using federal funds. Buy America requires the SUB -RECIPIENT to purchase only steel, iron, and
manufactured products produced in the United States, unless the Secretary of Transportation determines
that such domestically produced items would be inconsistent with the public interest, that such materials
are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will
increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to
purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate
basis and justification, and which is approved by the Secretary of Transportation.
33. DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
33.1. By signing this Agreement, the SUB -RECIPIENT (hereinafter in this section referred to as the "lower
tier participant") is providing the certification set out below and agrees to comply with the requirements
of 2 CFR part 180 and 23 CFR part 1200.
33.2. The certification in this section is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the lower tier participant knowingly
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rendered an erroneous certification, in addition to other remedies available to the federal government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the
lower tier participant learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
33.4. The terms covered transaction, civil judgement, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and
1200.
33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by WTSC.
33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause
titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will
require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1200.
33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant is responsible for ensuring that its principals are not
suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility
of its principals, as well as the eligibility of any prospective lower tier participants, each participant may,
but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
33.9. Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed
for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, in addition to other remedies available to the Federal government,
the department or agency with which this transaction originated may pursue available remedies, including
suspension or debarment.
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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions
33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
33.11. Where the lower tier participant is unable to certify to any of the statements in this certification,
such participant shall attach an explanation to this Agreement.
34. THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
34.1. The SUB -RECIPIENT shall:
34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the SUB-RECIPIENT's workplace, and shall
specify the actions that will be taken against employees for violation of such prohibition.
34.1.2. Establish a drug -free awareness program to inform employees about the dangers of drug abuse in
the workplace; the SUB- RECIPIENT's policy of maintaining a drug -free workplace; any available drug
counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed
upon employees for drug violations occurring in the workplace.
34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a
copy of the statement required by paragraph 34.1.1. of this section.
34.1.4. Notify the employee in the statement required by paragraph 34.1.1. of this section that, as a
condition of employment under the grant, the employee will abide by the terms of the statement, notify
the employer of any criminal drug statute conviction for a violation occurring in the workplace no later
than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an
employee or otherwise receiving actual notice of such conviction.
34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. of
this section, with respect to any employee who is so convicted: take appropriate personnel action against
such an employee, up to and including termination, and/or require such employee to participate
satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a
federal, state, or local health, law enforcement, or other appropriate agency.
34.1.6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of
all of the paragraphs above.
35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA, the SUB -RECIPIENT shall, upon request, provide WTSC the names and total
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compensation of the five most highly compensated officers of the entity, if the entity in the preceding
fiscal year received 80 percent or more of its annual gross revenues in federal awards, received
$25,000,000 or more in annual gross revenues from federal awards, and if the public does not have
access to information about the compensation of the senior executives of the entity through periodic
reports filed under section 13(a) or 1 5(d) of the Securities Exchange Act of 1934 or section 6104 of the
Internal Revenue Code of 1986.
36. FEDERAL LOBBYING
36.1. The undersigned certifies, to the best of his or her knowledge and belief, that:
36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any federal contract, the making of any federal grant, the making of any federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
36.1.3. The undersigned shall require that the language of this certification be included in the award
documents for all sub- awards at all tiers (including sub -contracts, sub -grants, and contracts under grant,
loans, and cooperative agreements), and that all sub- recipients shall certify and disclose accordingly.
36.2. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
37. FEDERAL NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.)
37.1. During the performance of this Agreement, the SUB -RECIPIENT agrees:
37.1.1. To comply with all federal statutes and implementing regulations relating to nondiscrimination
("Federal
Nondiscrimination Authorities"). These include but are not limited to:
37.1.1.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252
37.1.1.2. 49 CFR part 21
37.1.1.3. 28 CFR section 50.3
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37.1.1.4. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
37.1.1.5. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.)
37.1.1.6. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.)
37.1.1.7. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.)
37.1.1.8. The Civil Rights Restoration Act of 1987
37.1.1.9. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189)
37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-
discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein.
37.1.3. To keep and permit access to its books, records, accounts, other sources of information, and its
facilities as required by the WTSC, USDOT, or NHTSA in a timely, complete, and accurate way.
Additionally, the SUB -RECIPIENT must comply with all other reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance
37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination
provisions in this contract/funding Agreement, the WTSC will have the right to impose such
contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to
withholding payments to the contractor/funding recipient under the contract/agreement until the
contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or
funding agreement, in whole or in part.
37.1.5. In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy,
memoranda, and/or guidance, the SUB -RECIPIENT hereby gives assurance that it will promptly take any
measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity, for which the Recipient receives Federal financial assistance
from DOT, including NHTSA".
37.1.6. To insert this clause, including all paragraphs, in every sub -contract and sub -agreement and in
every solicitation for a sub- contract or sub -agreement that receives federal funds under this program.
38. POLITICAL ACTIVITY (HATCH ACT)
The SUB -RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
federal funds.
39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
The SUB -RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or
to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects
or elements of helmet usage or checkpoints, and so fully complies with this requirement.
40. STATE LOBBYING
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None of the funds under this Agreement will be used for any activity specifically designed to urge or
influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal
pending before any state or local legislative body. Such activities include both direct and indirect (e.g.,
"grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary
is supported with NHTSA funds from engaging in direct communications with state or local legislative
officials, in accordance with customary state practice, even if such communications urge legislative
officials to favor or oppose the adoption of a specific pending legislative proposal.
41. CERTIFICATION ON CONFLICT OF INTEREST
GENERAL REQUIREMENTS
41.1. No employee, officer or agent of the SUB -RECIPIENT who is authorized in an official capacity to
negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any
subaward, including contracts or subcontracts, in connection with this grant shall have, directly or
indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest
would arise when the employee, officer, or agent, any member of his or her immediate family, his or her
partner, or an organization which employs or is about to employ any of the parties indicated herein, has a
financial or personal interest in or a tangible personal benefit from an entity considered for a subaward.
41.2. Based on this policy:
41.2.1. The SUB -RECIPIENT shall maintain a written code or standards of conduct that provide for
disciplinary actions to be applied for violations of such standards by officers, employees, or agents. The
code or standards shall provide that the SUB- RECIPIENT's officers, employees, or agents may neither
solicit nor accept gratuities, favors, or anything of monetary value from present or potential sub-
awardees, including contractors or parties to subcontracts and establish penalties, sanctions or other
disciplinary actions for violations, as permitted by State or local law or regulation.
41.2.2. The SUB -RECIPIENT shall maintain responsibility to enforce the requirements of the written code
or standards of conduct.
DISCLOSURE REQUIREMENTS
41.3. No SUB -RECIPIENT, including its officers, employees or agents, shall perform or continue to
perform under a grant or cooperative agreement, whose objectivity may be impaired because of any
related past, present, or currently planned interest, financial or otherwise, in organizations regulated by
NHTSA or in organizations whose interests may be substantially affected by NHTSA activities.
41.3.1. The SUB -RECIPIENT shall disclose any conflict of interest identified as soon as reasonably
possible, making an immediate and full disclosure in writing to WTSC. The disclosure shall include a
description of the action which the recipient has taken or proposes to take to avoid or mitigate such
conflict.
41.3.2. NHTSA will review the disclosure and may require additional relevant information from the
recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine
Page 18 of 2029
BWEMS
that it is otherwise in the best interest of NHTSA to continue the award and include appropriate
provisions to mitigate or avoid such conflict.
41.3.3. Conflicts of interest that require disclosure include all past, present or currently planned
organizational, financial, contractual or other interest(s) with an organization regulated by NHTSA or with
an organization whose interests may be substantially affected by NHTSA activities, and which are related
to this award. The interest(s) that require disclosure include those of any SUB -RECIPIENT, affiliate,
proposed consultant, proposed subcontractor and key personnel of any of the above. Past interest shall
be limited to within one year of the date of award. Key personnel shall include any person owning more
than a 20 percent interest in a SUB -RECIPIENT, and the officers, employees or agents of a recipient who
are responsible for making a decision or taking an action under an award where the decision or action
can have an economic or other impact on the interests of a regulated or affected organization.
42. DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each of the parties for all
communications, notices, and reimbursements regarding this Agreement:
The Contact for the SUB- RECIPIENT is:
Matt Brown
Chief of Police
mbrown@portorchardwa.gov
360-876-1700
AUTHORITY TO SIGN
The Contact for WTSC is:
Jerry Noviello
WTSC Program Manager
jnoviello@awtsc.wa.gov
360-725-9897
The undersigned acknowledge that they are authorized to execute this Agreement and bind their
respective agencies or entities to the obligations set forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement.
SUB -RECIPIENT:
Signature
Page 19 of 2030
IInIJWEMS
Printed Name
Title
Date
WASHINGTON TRAFFIC SAFETY COMMISSION
Name: Jerry Noviello
Title: Program Manager
Date
Page 20 of 2031
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 an Interlocal Cooperative Agreement for Housing Incarcerated
Individuals with Kitsap County Sheriffs' Office (Brown)
Meeting Date: November 25, 2025
Prepared By: Matt Brown, Police Chief
Presenter: Matt Brown, Police Chief
Summary and Background: The Kitsap County Sheriff's Office operates a facility to house adult
persons arrested and sentenced for criminal activities. The City of Port Orchard does not operate such
a facility, and for many years contracted with the sheriff's office to house those arrested by the police
department.
The previous contract was signed in 2017, with annual amendments through 2025. T he proposed
contract will allow for the continuity of criminal justice operations and the provision of public safety.
Relationship to Comprenhensive Plan: Not applicable.
Recommendation: Staff recommends the City Council approve the Mayor to sign the Interlocal
Cooperative Agreement for Housing Incarcerated Individuals.
Motion for Consideration: I move to authorize the Mayor to sign the Interlocal Cooperative
Agreement for Housing Incarcerated Individuals.
Has item been presented to Committee/Work Study? If so, which one: No
Fiscal Impact: This service is budgeted in the 2025-2026 Biennial Budget.
Alternatives: Not approve the Interlocal Cooperative Agreement and provide further guidance.
Attachments:
KC -480-24-A Port Orchard Bed Rate.pdf
2026 Bed Rate Cover Letter - Port Orchard.pdf
32
KC -480-24-A
AMENDMENT TO INTERLOCAL COOPERATIVE AGREEMENT FOR
HOUSING INCARCERATED INDIVIDUALS
(City of Port Orchard)
This Amendment to Interlocal Cooperative Agreement for Housing Incarcerated Individuals
("Amendment") is between Kitsap County, a Washington state political subdivision ("County"),
and the City of Port Orchard, a Washington state municipal corporation ("Agency").
WHEREAS, the parties executed KC -480-24, effective January 1, 2025 ("Agreement"), which the
parties desire to amend to extend the term and increase the Daily Rate, subject to the terms and
conditions of this Amendment.
The parties agree as follows:
Term. The term of the Agreement is amended to extend to December 31, 2026, unless
terminated or extended.
2. Effective Date. This Amendment is effective on January 1, 2026 ("Effective Date")
3. Daily Rate. The Daily Rate is increased to $214.00 per calendar day for each Incarcerated
Individual.
4. Terms Unchanged. Except as expressly provided in this Amendment, all other terms and
conditions of the Agreement remain unchanged, in full force and effect.
5. Insurance. The Contractor shall provide an updated certificate of insurance evidencing
that any required insurance coverages are in effect through the new expiration date. The
Contractor shall submit the certificate of insurance to: Kitsap County Risk Management
Division, 614 Division Street, MS -7, Port Orchard, Washington 98366.
6. Counterparts/Electronic Signature. This Amendment may be executed in several
counterparts, each of which shall be deemed an original, but all of which together shall
constitute the same agreement. A facsimile, email, or other electronically delivered
signatures of the parties shall be deemed to constitute original signatures and deemed to
constitute duplicate originals.
7. Authorizations. The signatories to this Amendment represent that they have been
appropriately authorized to execute it on behalf of the party they sign. No further action or
approvals are necessary before executing this Amendment.
DATED this day , 2025 DATED this day , 2025
CITY OF PORT ORCHARD, WASHINGTON KITSAP COUNTY, WASHINGTON
ROB PUTAANSUU, MAYOR
JOHN GESE, SHERIFF
KC -480-24-A
33
DATED or ADOPTED this day of , 2025.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
CHRISTINE ROLFES, Chair
ORAN ROOT, Commissioner
KATHERINE T. WALTERS, Commissioner
ATTEST:
Dana Daniels, Clerk of the Board
KC -480-24-A
34
OFFICE OF
JOHN GESE
KITSAP COUNTY SHERIFF
614 DIVISION ST. MS -37 • PORT ORCHARD, WASHINGTON 98366 • (360) 337-7101 • FAX (360) 337-4923
Greetings, Mayor Rob Putaansuu,
The new Interlocal Agreement for Housing Incarcerated Individuals ("Agreement") is attached
for your review and comment. It is effective January 1, 2026. The Agreement includes an
increase in the daily bed rate, costs for the provision of medical transportation and associated
security, and some additional healthcare costs as identified and defined in the Agreement.
We value our partnership with our local jurisdictions and aim to provide quality services at fair
costs. Kitsap County has seen substantial price increases in all jail operations. A major factor
driving these costs is medical services. For instance, the 2018 contract price for jail healthcare
was $2,182,125.44. Since then, costs have risen annually, with the 2026 contract price now at
$6,620,318. The healthcare rates for subsequent years will be: $7,553,365 in 2027,
$8,125,635 in 2028, and $8,666,429 in 2029. While the healthcare contract is mostly inclusive,
there are additional expenses for some medications and third -party healthcare not covered by
the contract, as well as costs for medical transport and security when services are provided
outside the jail. Furthermore, expenses for food services, staffing, supplies, and other services
have also increased over time.
Effective January 1, 2026, the new daily bed rate will increase from $204.00 to $214.00 for
each incarcerated individual. Our agency partners will also be expected to reimburse the
County for the actual costs of providing transportation and security for medical transports and
security for their incarcerated individuals, as identified in the Agreement. Rates will be
reviewed on an annual basis, and increases will be consistent with the actual costs of
providing the services in compliance with ROW 43.09.210. While we recognize that the new
daily rate does present a significant increase, please note that it does not reflect all the actual
costs and price increases paid by the County.
Please contact Chief Penelope Sapp with any questions or proposed changes to the
Agreement.
Sincerely,
Sheriff John Gese
Kitsap County Sheriff's Office
Updated 08302021
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 Accepting the Donation of Real Property, Tax Parcel No.
5392-000-001-0004, from Port Orchard Industrial Park, LLC (Ryan)
Meeting Date: November 25, 2025
Prepared By: Jenine Floyd, Deputy City Clerk
Presenter: Denis Ryan, CPWP-M, CPRP, Public Works Director
Summary and Background: The City of Port Orchard recently purchased real property, Tax Parcel No.
5392-000-002-0003, from RV Associates Inc., which is located near the City's Public Works facility, for
use by the Public Works Department. The seller's agent approached the City about the potential
purchase by the City of an adjacent parcel, Tax Parcel No. 5392-000-001-0004. The City and Donor,
Port Orchard Industrial Park, LLC, jointly procured an appraisal of the parcel, which valued the parcel
at $185,000. The parcel is currently used for outdoor storage and for a stormwater pond.
The Donor expressed the desire to donate the parcel to the City. Pursuant to RCW 35.21.100, the
acceptance of a donation of money or property is the purview of the City Council. Although this
donation does not come with any prescribed conditions for use, City staff have identified that Public
Works is best equipped to utilize the property for storage, in the event the Council accepts the
donation.
This item includes an Ordinance accepting the donation, as well as associated materials such as the
Donation Agreement, Statutory Warranty Deed, and a real estate excise tax affidavit.
Relationship to Comprenhensive Plan: Chapter 4 - Parks; Chapter 7 - Utilities; Chapter 8 -
Transportation; Chapter 9 - Capital Facilities
Recommendation: Staff recommends adoption of this Ordinance to accept the donation of this parcel
for use, in large part, by the City's Public Works Department.
Motion for Consideration: I move to adopt an Ordinance accepting the donation of real property from
Port Orchard Industrial Park, LLC.
Has item been presented to Committee/Work Study? If so, which one: No
Fiscal Impact: This donation is free of charge to the City and exempt from real estate excise tax,
pursuant to RCW 82.45.010(3)(a) and WAC 458 -61A -201(2)(a) and (2)(c) as a bona fide gift to a
governmental entity.
36
The City will have maintenance costs associated with this parcel in the event the donation is
accepted.
Alternatives: Do not adopt the ordinance and reject the donation, or provide alternative direction.
Attachments:
Donation Agreement - PDF.pdf
ORDINANCE - Donation of Real Property(1 1145308.1 ).docx
Statutory Warranty Deed.pdf
Real Property Donation - Map.pdf
37
AGREEMENT FOR DONATION OF REAL PROPERTY
This Agreement for Donation of Real Property ("Agreement") is made as of the date set
forth below by and between: Port Orchard Industrial Park LLC, a Washington limited liability
company, whose mailing address is 016 29th St. NW Apt. 162, Gig Harbor WA. 98335 ("Donor");
and the City of Port Orchard, a Washington municipal corporation, whose mailing address is 216
Prospect Street, Port Orchard, WA 98366 ("City").
RECITALS
A. Donor is the owner of certain real property located in the City of Port Orchard, Kitsap County,
Washington, legally described in Exhibit A (the "Property").
B. Donor desires to donate, convey, and transfer the Property to the City for public purposes, and
the City desires to accept such conveyance subject to the terms and conditions of this Agreement.
C. The parties intend this transfer to qualify as a gift to a governmental entity exempt from Real
Estate Excise Tax under RCW 82.45.010(3)(a) and WAC 458 -61A -201(2)(a) and (2)(c).
D. No Real Estate Excise Tax (REET) shall be due in connection with this transfer.
AGREEMENT
In consideration of the mutual covenants herein and to evidence the voluntary donation of
the Property under WAC 458-61A-201, the parties agree as follows:
PURCHASE PRICE
The purchase price for the Property shall be Ten Dollars ($10.00) and other nominal consideration,
solely to support valid delivery and recording. The parties acknowledge that this conveyance is a
gift and not made for valuable consideration.
2. TITLE AND CONVEYANCE
Donor shall convey title by Statutory Warranty Deed, in substantially the form attached as Exhibit
B, containing the following notation:
"This conveyance is a gift to the City of Port Orchard, a Washington municipal
corporation, and is exempt from Real Estate Excise Tax pursuant to WAC 458-61A-201."
Title shall be free and clear of all liens and encumbrances except those approved by the City.
The City may, at its option and expense, obtain an owner's title insurance policy.
3. CLOSING
Closing Date. Closing shall occur on or before November 20, 2025, or such other date mutually
agreed.
11145307.1-366922-0001
38
Closing Agent. Ticor Title Company, 5775 Soundview Dr. Ste. 204B Gig Harbor, WA 98335 shall
serve as closing agent unless otherwise agreed.
Deliveries at Closing.
(a) Donor shall deliver the executed Deed attached as Exhibit B and the Real Estate Excise Tax
Affidavit attached as Exhibit C.
(b) The City shall deliver nominal consideration of $10.00.
(c) The Closing Agent shall record the Deed and file the Affidavit with the Kitsap County
Assessor.
Closing Costs. Each party shall bear its own costs; recording fees shall be paid by the City. No
REET is due because this is an exemption donation.
4. REPRESENTATIONS AND WARRANTIES
By Donor: Donor represents that
(a) it holds fee simple title;
(b) there are no pending claims or encumbrances not disclosed;
(c) to Donor's knowledge, there are no environmental violations; and
(d) the transfer is voluntary and without valuable consideration in accordance with WAC
458-61A-201(2).
By City: The City represents that
(a) it is duly organized under Washington law;
(b) its governing body has authorized acceptance of the Property by resolution or
ordinance; and
(c) the Property will be used for lawful public purposes.
5. PROPERTY CONDITION
The Property is accepted "AS IS, WHERE IS."
6. POSSESSION
Possession shall transfer to the City upon recording of the Deed.
7. CITY COUNCIL APPROVAL
This Agreement and the acceptance of the donation are contingent upon approval by the Port
Orchard City Council through duly adopted action authorizing acceptance of the Property pursuant
to RCW 35.21.100 and WAC 458-61A-201.
11145307.1-366922-0001
39
8. TAXES AND ASSESSMENTS
Donor shall pay any taxes or assessments due before Closing. The parties acknowledge that the
transfer is exempt from REET under WAC 458-61A-201.
9. EFFECTIVE DATE, DEFAULT, AND TERMINATION
This Agreement becomes effective upon execution by both parties.
If either party fails to perform, the other may terminate by written notice, and neither shall have
further liability thereafter.
10. GENERAL TERMS
A. Notices. All notices must be in writing and delivered personally, by certified mail, or
email with confirmation.
B. Entire Agreement. This Agreement and the exhibits and schedules attached hereto
constitute the entire agreement between the parties with respect to the donation of the Property,
and supersede all prior agreements and understandings between the parties relating to the subject
matter of this Agreement. There are no verbal or other agreements, including but not limited to
any representations or warranties, which modify or affect this Agreement.
C. Amendments. This Agreement may be amended or modified only by a written
instrument executed by Seller and Buyer.
D. Governing Law. This Agreement and the legal relations between the parties hereto will
be governed by, construed and enforced in accordance with the laws of the state of Washington
without regard to its principles of conflicts of laws.
E. Negotiation and Construction. This Agreement and each of its terms and provisions are
deemed to have been explicitly negotiated between the parties, and the language in all parts of this
Agreement will, in all cases, be construed according to its fair meaning and not strictly for or
against either party.
F. Counterparts. This Agreement may be executed in a number of identical counterparts.
Each of the counterparts will be deemed an original for all purposes and all counterparts will
collectively constitute one Agreement. Furthermore, the parties agree that transmission of this
Agreement via email in a ".pdf' or other electronic format shall be deemed transmission of the
original Agreement for all purposes.
G. Successors and Assigns; Third Parties. All of the rights, duties, benefits, liabilities and
obligations of the parties shall inure to the benefit of, and be binding upon, their respective
successors and assigns. Except as specifically set forth or referred to herein, nothing herein
expressed or implied is intended or shall be construed to confer upon or give to any person or
11145307.1-366922-0001
40
entity, other than the parties hereto and their successors or assigns, any rights or remedies under or
by reason of this Agreement.
11. EXHIBITS.
The following exhibits are attached to and made a part of this Agreement by this reference.
Exhibit A — Legal Description
Exhibit B — Statutory Warranty Deed
Exhibit C — Real Estate Excise Tax Affidavit w/ Gift Exemption Statement
DONOR
Port Orchard Industrial Park LLC
Name:
Title:
Date:
DONEE/RECIPIENT
CITY OF PORT ORCHARD
By:
Title: Mayor
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
11145307.1-366922-0001
41
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LOT 1, PORT ORCHARD INDUSTRIAL PARK DIV. 1 ACCORDING TO THE PLAT
RECORDED JULY 27, 1998 IN VOLUME 30 OF PLATS, PAGES 10, 11, 12 AND 13 UNDER
KITSAP COUNTY AUDITOR'S FILE NO. 3106119;
SITUATE IN KITSAP COUNTY, WASHINGTON.
Assessor's Property Tax Parcel/Account No.: 5392-000-001-0004
11145307.1-366922-0001
42
ORDINANCE NO. -25
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
THE ACCEPTANCE OF A DONATION OF REAL PROPERTY, TAX PARCEL NO. 5392-
000-001-0004, FROM PORT ORCHARD INDUSTRIAL PARK, LLC, PURSUANT TO RCW
35.21.100.
WHEREAS, the City Council of the City of Port Orchard, pursuant to RCW 35.21.100, is
authorized to accept property donated to the City to utilize for a lawful municipal purpose; and
WHEREAS, Port Orchard Industrial Park, LLC, desires to donate a parcel of real property
to the City of Port Orchard, for the City's use as needed, identified as Tax Parcel No. 5392-000-
001-0004 (the "Property"), and legally described as:
LOT 1, PORT ORCHARD INDUSTRIAL PARK DIV. 1 ACCORDING TO
THE PLAT RECORDED JULY 27, 1998 IN VOLUME 30 OF PLATS,
PAGES 10, 11, 12 AND 13 UNDER KITSAP COUNTY AUDITOR'S FILE
NO. 3106119; SITUATE IN KITSAP COUNTY, WASHINGTON.
WHEREAS, a recent appraisal of the Property valued the parcel at $185,000; and
WHEREAS, the City Council finds it is in the best interests of the City to accept the
donation of real property for use as the City deems necessary; Now, Therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Acceptance and Authorization. The City Council accepts the donation of
the Property and authorizes the Mayor to execute all documents necessary to complete the
conveyance, including but not limited to a Donation Agreement, Statutory Warranty Deed, and
Real Estate Excise Tax Affidavit, and ratifies all actions taken prior to but consistent with this
authorization.
SECTION 2. Acknowledgement. The City acknowledges this conveyance is a bona fide
gift to a municipal corporation and is thus exempt from real estate excise tax pursuant to RCW
82.45.010(3)(a) and WAC 458-61A-201.
SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this Ordinance.
11145308.1 - 366922 - 0001
43
Ordinance No. _2.
Page 2 of 2
SECTION 4. 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 day of November, 2025.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
11145308.1 - 366922 - 0001
44
After recording return to:
City of Port Orchard
City Clerk
216 Prospect Street
Port Orchard, WA 98366
STATUTORY WARRANTY DEED
Grantor:
Grantee:
Abbreviated Legal Description:
Assessor's Property Tax Parcel/Account No.:
Reference Numbers of Documents
Assigned or Released:
Port Orchard Industrial Park LLC, a
Washington limited liability company
City of Port Orchard, a Washington municipal
corporation
LOT 1, PORT ORCHARD INDUSTRIAL
PARK DIV. 1 ACCORDING TO THE PLAT
RECORDED JULY 27, 1998 IN VOLUME
30 OF PLATS, PAGES 10, 11, 12 AND 13
UNDER KITSAP COUNTY AUDITOR'S
FILE NO. 3106119; SITUATE IN KITSAP
COUNTY, WASHINGTON.
5392-000-001-0004
N/A
THE GRANTOR, Port Orchard Industrial Park LLC, a Washington limited liability
company, for and in consideration of ten dollars ($10.00) in hand paid, conveys, and warrants to
the City of Port Orchard, a Washington municipal corporation, as GRANTEE, all of Grantor's
right, title and interest in the following described real estate, situated in Kitsap County, State of
Washington, together with all after acquired title of the Grantor therein:
See full legal description in Exhibit A attached hereto and made a part hereof.
This conveyance is a gift to the City of Port Orchard, a Washington municipal corporation,
and is exempt from Real Estate Excise Tax pursuant to WAC 458-61A-201.
Subject to all covenants, conditions, easements, restrictions, reservations, encumbrances,
and all other matters of record, including but not limited to those matters set forth in Exhibit B
attached hereto and made a part hereof.
[Signature Page Follows)
11130114.1 - 371480 - 0002
45
IN WITNESS WHEREOF, this Statutory Warranty Deed has been executed by Grantor
as of .2025.
GRANTOR:
Port Orchard Industrial Park LLC,
a Washington limited liability company
By:
Printed Name:
Title:
ACKNOWLEDGMENT
STATE OF
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he/she/they signed this instrument and
acknowledged it as the [Title] of Port Orchard Industrial Park LLC, a
Washington limited liability company, to be his/her/their free and voluntary act for the uses and
purposes mentioned in this instrument.
Given under my hand and official seal this , day of , 2025.
Name:
Notary Public in and for the State of
Residing at
My appointment expires:
11130114.1 - 371480 - 0002
46
EXHIBIT A
LEGAL DESCRIPTION
LOT 1, PORT ORCHARD INDUSTRIAL PARK DIV. 1 ACCORDING TO THE PLAT
RECORDED JULY 27, 1998 IN VOLUME 30 OF PLATS, PAGES 10, 11, 12 AND 13
UNDER KITSAP COUNTY AUDITOR'S FILE NO. 3106119;
SITUATE IN KITSAP COUNTY, WASHINGTON.
11130114.1 - 371480 - 0002
47
EXHIBIT B
PERMITTED EXCEPTIONS
1. Payment of Real Estate Excise tax, if required:
The property described herein is situated within the boundaries of local taxing authority of the
City of Port Orchard.
Present levy code is 0805.
2. General taxes:
Year: 2025
Amount Billed: $ 2,607.02
Amount Paid: $2,607.02
Amount Due: $0
Tax Account No.: 5392-000-001-0004
Levy Code: 0805
Land: $298,680
Improvements: $-0-
3. Any unrecorded leaseholds, right of vendors and holders of security interest on personal
property installed upon said property, and right of tenants to remove trade fixtures at the
expiration of the term.
11130114.1 - 371480 - 0002
48
'S
F,
4
10
Identify Results
PORT ORCHARD INDUSTRIAL
Taxpayer
PARK C/O RV ASSOCIATES
INC
.�
Account No
5392-000-001-0004
Y
Account ID
2337764
Site Address
NO ADDRESS FOUND
•
Mail Address
1333 LLOYD PARKWAY, PORT
ORCHARD, WA 98367
eS
Tax Statement
Photos & Sketches
�w "
Parcel Details
Tax & Levy Assessments
r�' .
Land & Location
Building & Improvements
a'i
Receipts
Value & Tax History
Splits & Merges
Voting Districts
Sales History
DCD Permit Info
0G
1 •'j.f
49
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 Fourth Amended Interlocal Agreement with Kitsap Public Facilities District
for a Time -Only Extension (Crocker)
Meeting Date: November 25, 2025
Prepared By: Noah Crocker, M.B.A., Finance Director
Presenter: Charli Archer, City Attorney
Summary and Background: The City continues to work with the Kitsap Public Facility District to
complete the Community Events Center Project, and this work is governed by the terms of the
Regional Center Interlocal Agreement. The current (Third Amended) version of the ILA expires at the
end of 2025, and a time -only extension to the end of the 2026 is necessary to allow for the completion
of the SR166/Bay Street project and work towards construction of the Community Events Center.
Relationship to Comprenhensive Plan: Facilities & Parks
Recommendation: Staff recommends the approval of Amendment #4 extending the agreement to
December 31, 2026.
Motion for Consideration: I move to approve Amendment No. 4 to the Interlocal Agreement between
the City of Port Orchard and the Kitsap Public Facility District for the Community Events Center.
Has item been presented to Committee/Work Study? If so, which one: No
Fiscal Impact: N/A
Alternatives: Do not approve and provide alternative guidance
Attachments:
POCEC Fourth Amended ILA - DRAFT _11132025.docx
50
FOURTH AMENDED - DRAFT
REGIONAL CENTER INTERLOCAL AGREEMENT
Between the Kitsap Public Facilities District and the City of Port Orchard
This REGIONAL CENTER INTERLOCAL AGREEMENT (the "Agreement") is
made pursuant to Chapter 39.34 RCW between the City of Port Orchard, a Washington non -
charter code city acting under Chapter 35A.12 RCW ("Port Orchard"), and the Kitsap Public
Facilities District, a Washington special purpose district operating under Chapter 36.100
RCW (the "District").
WHEREAS, pursuant to RCW 36.100.030(1) and RCW 35.57.020, the District is
authorized to acquire, construct, own, remodel, maintain, equip, repair, and operate a regional
center, and pursuant to Chapter 36.100.030(2), the District may enter into interlocal
agreements with other agencies to operate such facilities. For these purposes, "regional center"
means a convention, conference, or special events center under RCW 35.57.020(1)(a), or any
combination of facilities and related parking facilities, serving a regional population
constructed after July 25, 1999, at cost of at least ten million dollars.
WHEREAS, pursuant to RCW 82.14.390, the District is entitled to receive certain
local sales taxes which the District may use for the development of qualifying regional centers.
WHEREAS, the District believes it has the financial capacity to support the
development of one or more new regional centers in Kitsap County and has requested
proposals from public agencies for new regional centers in Kitsap County.
WHEREAS, Port Orchard has proposed a project (the "Project"), which qualifies as a
regional center and which is more fully described in Attachment "A" (Project Summary),
attached hereto and incorporated by reference.
WHEREAS, the District Board has completed an evaluation and review process for
seven (7) new regional centers and has initially determined to proceed with further review for
possible funding with several applicants.
WHEREAS, the District anticipates collaborating with Port Orchard on the
development of a regional center, specifically, The Port Orchard Community Events Center,
where the District's primary role would be to provide funding to create public benefits for
Kitsap County.
r 10
WHEREAS, the District and Port Orchard are committed to undertaking their
respective tasks in the "Agreement Tasks" attached hereto as Attachment "B," as amended
and incorporated by reference.
WHEREAS, District funding is subject to an independent financial feasibility review
prior to the issuance of any indebtedness or the long-term lease, purchase, or development of
a regional facility pursuant to RCW 36.100.025.
51
WHEREAS, the City and the District previously amended the Agreement on July 27,
2020, First Amendment, and further amended the Agreement on or about 8/27/2021 and now
agree to a further amendment ("Third Amendment") herein.
NOW, THEREFORE, in consideration of the mutual obligations andbenefits herein,
the parties agree as follows:
1. Purpose of Agreement. The purpose and intent of this Agreement is for Port Orchard and
the District to collaborate efficiently and effectively in order for the parties to determine the
feasibility of the Project and, if feasible, construct the Project with funds from Port Orchard in part
and from the District in part.
2. Port Orchard Funding Request. Port Orchard has requested and has been awarded
by the District, funding in the amount of $12,000,000.00 (Twelve Million Dollars) for the
purposes more fully described in Attachment "A" and in accordance with the phasing in
Attachment "B," as amended
3. Port Orchard Obligations. Port Orchard shall undertake the "Agreement Tasks", as
set forth in Attachment "B", except for those assigned to the District in the attachment or this
Agreement. In addition, Port Orchard shall undertake the following:
3.1 Contract Administration. Port Orchard shall be responsible for all aspects of the
contract administration for the Agreement Tasks, which shall include, but not be limited to,
advertising, bidding, awarding, and monitoring the contract(s), as generally required by any
applicable RCW. However, all invoiced or out-of-pocket expenses related to the project, except
staff salary, benefits, and overhead costs, are eligible for reimbursement. This includes but is not
limited to advertising, permitting, connection fees, testing, sub -consulting, and construction.
3.2 Reporting. Port Orchard shall regularly (not less than quarterly) meet with the
District to evaluate the progress of its Agreement Tasks. The meetings can be held remotely
as needed, consistent with applicable Open Public Meetings Act (OPMA) requirements.
3.3 Timing of A reement Tasks. The anticipated timing of the Agreement Tasks is set
forth in Attachment "B," as amended.
3.4 Recognition. Port Orchard shall publicly recognize the District's contribution to the
Project in a manner to be agreed upon. The District may require some identification of the Project
as "Regional Center" or "Special Event Center."
4. The District's Obligations. The District shall undertake the tasks set forth in
Attachment "B" and shall undertake the following tasks:
4.1 Contract Administration. The District shall be responsible for all aspects on
contract administration for the Market Analysis (Task 6), Financial Viability, and Risk Assessment
tasks described in Attachment "B", including advertising, bidding, awarding, and monitoring.
2
4.2. Funding. The District shall fund the tasks set forth in Attachment "B" in an amount
not to exceed $12,000,000.00 (Twelve Million Dollars). The dollar amounts for each task listed in
Attachment "B" are estimates for each project phase but may be shifted as needed, provided that
funds allocated to Task 7 may not be used prior to proceeding with Task 7. In the event the funding
remains from Tasks 1-6, these funds may be spent on subsequent Tasks. In the event the City
proposes to shift or reallocate funds to different Tasks, it shall first provide written notice to the
KPFD, who shall have a right of approval, not to be unreasonably withheld.
5. Process for Payment. 44
5.1 Accounting and Reporting. Port Orchard intends to utilize its existing accounts
and fund structure to manage this project. However, Port Orchard will demonstrate the
capability to separately account and report all activity, funds, and expenses related to this
project. All funds related to this grant will be tracked under a separate project or account
number and separately reported to the PFD.
5.2 Advance Deposits. The District agrees to provide an initial payment of $200,000
("Initial Payment") to Port Orchard for cash flow purposes to allow Port Orchard to begin the
project and process invoices that are consistent with the approved contract and subtasks in a timely
manner. Port Orchard will follow the identified procedures, for seeking reimbursements for
expenses in this Agreement thereafter.
5.3 Use of Funds. The funds from the District shall solely be used for the payment of
invoices for the Agreement Tasks and no other purposes. Port Orchard may not reimburse itself
for salary, benefits, and overhead but all other out-of-pocket expenses related to the project are
eligible for reimbursement.
5.4 Release of Funds. Port Orchard shall only release funds for the Agreement Tasks
upon receipt of invoices for work performed, which work complies with the terms and conditions
of the contracts for the Agreement Tasks or as specified in Task 3 of attachment B, as amended.
Further, Port Orchard shall notify the District of any proposed payment for review and consent,
not to be unreasonably withheld or delayed.
5.5 Increase in Consultant Contract Amounts. Port Orchard will promptly inform
the District if any of the consultants/service providers inform Port Orchard that the
consultant/service provider is proposing an increase in a contract sum. The District shall
promptly, in its sole discretion, determine if the District's contribution to the contract sum
should be increased.
5.6 Refund of District Funds. Port Orchard shall not be required to reimburse the
District for the funds transmitted to Port Orchard that are either: (i) paid to a consultant/service
provider; or (ii) committed to be paid to a consultant/service provider pursuant to a valid
contract between Port Orchard and that consultant/service provider. Otherwise, unused funds
shall be reimbursed to the District.
5.7 Port Orchard Matching Contributions. All accounting of staff time, Port Orchard
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expenses including consultant fees, and Port Orchard contributions directly related to the project
will be considered as part of the matching element of this project for District funding.
5.8 Final Accounting. Within sixty (60) days of the completion of the Assignment
Tasks, Port Orchard shall provide a final written accounting of the District funds.
6. Feasibility Assessment. Performance Reauirements. Conditions/
Contingencies/Checkpoints. The District and Port Orchard are committed to funding the Project
as set forth in this Agreement, subject to the following conditions:
6.1 Mutual Determination of Feasibility. See Attachment "B", Task 1.
6.2 Independent Feasibility Review - Department of Commerce. Irrespective of the
parties' determination of feasibility as set forth above in Subsection 6.1, the District's funding
commitment is subject to the statutory independent feasibility review of RCW 36.100.025. While
the parties may cooperate to coordinate the reviews contemplated by subsections 6.1 and 6.2, those
reviews may be conducted at different times as necessary.
6.3 Availability of Funds. This Agreement is contingent upon funding from the
District. In the event that the District's expected funding payable to Port Orchard hereunder is
withdrawn, reduced, limited, or not otherwise available after the effective date of this Agreement,
this Agreement may be terminated by either party.
6.4 Port Orchard's Performance of its Assigned Tasks. District funding is conditioned
upon Port Orchard's timely completion (as measured by the deadlines set out in Attachment "B"
as amended) of its Assigned Tasks including, but not limited to, necessary property acquisition,
obtaining necessary permits, and obtaining necessary funding in addition to the funding from the
District. A
6.5 Adoption of Operational Standards. Once the parties have determined that the
Project meets applicable feasibility reviews, and before funding is committed for construction, the
parties shall adopt a supplemental Interlocal Agreement addressing construction review and
operational standards, replacement/reserve funding standards, reporting obligations, and any
special standards applicable only to the Project, consistent with similar Interlocal Agreements with
other regional center partners.
6.6 `Process for Termination. In the event any of the required conditions are not
satisfied, the Agreement may be terminated, by either party delivering thirty (30) days' written
notice to the other. The termination notice shall specify the date on which the Agreement shall
terminate.
7. Notice and Project Coordinators. The following individuals are the Project Coordinators
and official contacts for Port Orchard and the District. Any notice, request, approval, direction,
invoice, statement, or other communication which may, or is required to be given under this
Agreement, shall be in writing and shall be deemed to have been given if hand -delivered, sent by
a nationally recognized overnight delivery service, or if deposited in the U.S. mail and sent by
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54
certified mail, return receipt requested, postage prepaid to the Project Coordinators:
For Port Orchard: Robert Putaansuu, Mayor
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Phone: 360-876-4407
Email: rputaansuu@cityofportorchard.us
For the District: Russ Shiplet
Executive Director
Kitsap Public Facilities District
19980 10th Ave NE, Suite 204F
Poulsbo, WA 98370
Phone: 360-698 1885
Email: execdirector@kitsap-pfd.org
All notices shall be deemed complete upon actual receipt or refusal to accept delivery.
8. Non -Assignability. Neither party may assign any interest in this Agreement and shall not
transfer any interest in this Agreement without the prior written consent of the other party.
9. Independent Governments - No Liability. Each party is and shall remain an independent
government. This Agreement does not create a partnership or other similar arrangement. The
parties shall not be liable for the acts or omissions of the other party or their respective public
officials, employees, or agents.
10. Term of Agreement. Except as otherwise stated herein, the term of this Agreement
shall commence upon execution by both of the parties and shall continue until the earlier of
when all Tasks have been executed or December 31, 2026. This Agreement may be reasonably
extended by the parties as may be necessary to complete the Assignment Tasks, as the parties
otherwise agree.
11. Amendment. No modification or amendment of this Agreement may be made except
by a written document signed by both parties.
12. Counterparts and Electronic Transmission. This Agreement may be signed in
counterparts. Electronic transmission of any signed original document and retransmission of any
signed electronic transmission shall be the same as delivery of an original document.
13. Governing Law. This Agreement, and the right of the parties hereto, shall be governed
by and construed in accordance with the laws of the State of Washington, and the parties agree
that in any such action, jurisdiction and venue shall lie exclusively in Kitsap County,
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55
Washington.
14. No Third -Party Beneficiaries. There are no third -party beneficiaries to this
Agreement.
15. Interpretation. Each party participated in this Agreement and has had this Agreement
reviewed by legal counsel. Therefore, any language herein shall not be construed against either
party on the basis of which party drafted the particular language. z
16. True and Full Value. Port Orchard and the District have each independently determined
to itself that: (i) it has the authority to enter into this Agreement; and (ii) the promises and
covenants received from the other party represent "true and full value" received by it pursuant to
RCW 43.09.210.
17. Survivability. All obligations contained herein shall survive termination until fully
performed.
18. Entire Agreement. This Agreement, including all predicate paragraphs and exhibits
that are incorporated into this Agreement, contains all the understandings between the parties.
Each party represents that no promises, representations, or commitments have been made by
the other as a basis for this Agreement, which has not been reduced to writing herein. No oral
promises or representations shall be binding upon any party whether made in the past or to be
made in the future unless such promises or representations are reduced to writing in the form
of a written modification of this Agreement executed by both parties.
IN WITNESS WHEREOF, Port Orchard and the District have executed this Agreement as of
the date last written below.
CITY OF PORT ORCHARD KITSAP PUBLIC FACILITIES
DISTRICT
By: Robert Putaansuu
Its: Mayor
Date:
6
By: Erin Leedham
Its: Chair
Date:
ATTEST:
APPROVED AS TO FORM:
Brian E. Lawler, District Legal Counsel
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57
ATTACHMENT "A"
PROJECT SUMMARY/DESCRIPTION
The City of Port Orchard proposes to construct an approximately 24,000 square foot Port
Orchard Community Events Center POCEC) building including adjacent site improvements.
The POCEC will provide a central gathering place and multi -purpose facility in downtown
Port Orchard that will support a multitude of functions for local and regional use. The facility
will house our Regional Library branch and support large events such as galas, community
festivals, conferences, concerts, service group meetings and more. The project will also
support the redevelopment of the shoreline area with pedestrian and water access. The
facility will include a catering kitchen and other amenities to support events requiring food
service. The project will serve as a centerpiece of a much larger redevelopment project that
includes parking, office, commercial, retail, and residential development.
8
A:'
ATTACHMENT "B"
AGREEMENT TASKS - COMMUNITY EVENT CENTER (CEC)
CITY OF PORT ORCHARD-KITSAP PUBLIC FACILITIES DISTRICT
(WITH ESTIMATED BUDGETS AND TIMING)
The following tasks shall be undertaken by, and will be the responsibility of, the City of Port
Orchard, unless otherwise noted.
Task 1. Consultant Selection and Contract. $0 (8 months (from December 2019))
Task 1.1. City's Consultant Selection - RCW 39.80 Architectural and Engineering
Services - Request for Qualifications.
Deliverable 1.1. Professional services contract. The consultant selection will be made for all
project phases. The contract will be phased as each subsequent scope of work is developed based
on the results of previous tasks. The contract(s) will be approved in phases. The District reserves
the right to review and approve the City's selection of consultants, such approval not to be
unreasonably withheld.
Task 2. Project Management, Planning, Outreach, Design, and Cost Estimates. $400,000
(16 Months) 14
Task 2.1. Prepare draft management plan.
Deliverable 2.1. Draft Management Plan.
Task 2.2. Draft Goals and Objectives.
Deliverable 2.2. Establish written project goals and objectives for the SKCEC including
user identification.
Task 2.3. Initiate public outreach, prepare draft concept plan, and draft space
programming. Deliverable 2.3. Draft Concept Plan and Space Programming Report.
Task 2.4. Space Programing and Needs Assessment.
Deliverable 2.4. Preliminary Space Programming and Needs Report.
Task 2.5. Analyze sites and select preferred location.
Deliverable 2.5. Evaluate 3 sites for SKCEC construction consideration and prepare design
schemes for each site. Prepare report with alternatives for City Council decision on site
selection.
Task 2.6. Prepare Market Analysis, Financial Viability, and Risk Assessment for preferred
site.
Deliverable 2.6. Feasibility Report.
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59
Task 2.7. Perform additional public outreach for the preferred alternative.
Deliverable 2.7. Summary of public input.
Task 2.8. Finalize Space Programming and Needs Assessment.
Deliverable 2.8. Provide preliminary SKCEC monetary operational feasibility report and final
space programming report.
Task 2.9. Preferred Alternative Site Analysis.
Deliverable 2.9. Prepare a technical report(s) to inform architectural and site design. This
may include (depending on site selection) a geotechnical report, phase 2 environmental
assessment, biological evaluation, topographic survey, archeological and cultural resources
report, and shorelines mitigation and engineering report.
Task 2.10. Property Ownership/Master Plan.
Deliverable 2.10. Provide information to City consultant concerning the downtown master
plan. Assist the City to determine SKCEC property and building ownership.
Task 2.11. Schematic Design.
Deliverable 2.11. Provide preliminary schematic design to 25%. Prepare project cost estimates
and scope of work for subsequent task(s).
Task 2.12. City Council Action. City to review all deliverables and decide whether to accept
an additional $600,000 (estimated) for Task 4.
Task 3. Property Acquisition. $1,000,000
Task 3.1. Acquire property from Kitsap Bank for the Project for $2.5 M with funding of $1.2 M
from the Washington State Department of Commerce; $1.0 M from the District; and $300,000
from the City.
Deliverables for release of funding from District.
- Signed purchase and sale agreement with Kitsap Bank for a not to exceed the
purchase price of $2.5 M.
- Assignment of DNR lease from Kitsap Bank, including any assignment approval
from DNR.
- Satisfaction of all conditions for $1.2 M Department of Commerce Grant, as set forth
on June 21, 2021. Email from Beth Robinson to Nick Bond, City of Port Orchard, a
copy of which is attached hereto as Exhibit 1 to this Attachment B.
- Availability of at least $300,000 in City funds.
- Establishment of closing escrow.
- NOTE: The District shall deposit funds into closing escrow with instructions that if
for any reason, the purchase of the Kitsap Bank property does not close, the District
funds are to be returned to the District.
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Task 4. Prepare 60% Design Development, Cost Estimates, and Shoreline
Permit Submittal. $620,000 (estimated) (9-12 Months)
Task 4.1. Prepare 60% Design Development (DD) plans and Shoreline Development Phasing
Plan (SDPP).
Deliverable 3.1. 60% Design Development (DD) Plans for site improvements and building,
finalize reports from Task 2.2. Develop SDPP [Phase 1 CEC building and
landscape/hardscape, Phase 2 shoreline restoration, Phase 3 overwater structure(s)]. Finalize
all technical reports.
Prepare Environmental Checklist. Prepare Traffic Impact Analysis/Parking Analysis. Prepare
complete application for Shoreline Substantial Development Permit (and Shoreline Variance if
required).
Task 4.2. Cost Estimates.
Deliverable 3.2. Consultant to provide cost estimates for completion of plans, specifications,
and bid documents for three phases of project and for construction of each phase of the
project.
Task43.3. Operations and Maintenance Costs and Responsibilities.
Deliverable 3.3. Determine estimated facility operating costs and tenant responsibilities.
Work with partners to identify operational cost responsibilities.
Task 4 City Council Action: City to review plans and funding requirements with any
project partners and decide whether to accept additional $1,500,000 (estimated) for
Tasks 4 and 5.
Task 5. Shoreline Permits, 100% Ad Ready Construction Documents (PS&E)
and Complete Applications for Development. $770,000. (estimated) (6-12
months)
Task 5.1. Prepare Shoreline Substantial Development Permit (SSDP) application, submit, and
provide support.
Deliverable 5.1. Attend meetings and provide support for (SSDP) application.
Task 5.2. Prepare 100% ad -ready construction documents (PS&E) for each phase of the approved
shoreline phasing plan (CEC, overwater structures (such as a pier), Shoreline Restoration).
Deliverable 5.2. 100% ad -ready construction documents (PS&E).
Task 5.3. Prepare complete applications for building permits, land -disturbing activity permits
(LDAP), and stormwater drainage permits (SDP). Prepare and file JARPA application.
Deliverable 5.3. Complete application submittal packages.
Task 5.4. Prepare plans for any offsite Improvements (if required under SEPA, SSDP, or as
conditions of other permit approvals).
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Deliverable 5.4. Provide permit application submittal packets for offsite improvements.
Task 5 City Council Action: City to review plans and funding requirements with project
partners and decide whether to accept additional funds for Task 7. The City and its partners
shall raise the remaining funds or secure commitments for the full funding of Task 7 prior to
accessing additional KPFD funds.
Task 6. Market Analysis, Financial Viability, and Risk Assessment in accordance with
KPFD guidelines (KPFD to select).
Deliverable 6. KPFD's portion of the feasibility study report.
Task 7. Secure Funding for Construction and Term Financing - As an alternative to the
KPFD issuing bonds to cover the remaining $9.21M commitment.
Task 7.1. KPFD commits percentage of sales tax rebate revenue sufficient to fund required debt
service coverage based on issuer's credit rating.
Deliverable 7.1. KPFD commitment of sales tax rebate revenue to satisfy bonding requirements.
Task 7.2. Identify debt issuing entity. SZ
Deliverable 7.2. City, County, or Port of Bremerton identified as debt issuer.
Task 7.3. Quantify debt service needs and costs based on borrowing entity and structure.
Deliverable 7.3. Construction draw schedule, term debt service schedule, interest costs and
other financing costs.
Task 7.4. Define borrowing structure.
Deliverable 7.4. Define timing and borrowing amounts needed to fund construction, needed
amortization of term financing and any pledges to enhance credit of debt issuance to reduce
interest costs.
(Note: A binding commitment of sales tax rebate revenue will be necessary to quantify the amount
of debt that can be issued. This amount should be set based on estimated required debt service
coverage plus some allowance for changes in interest rates from current rates. Should the
borrower require less than the committed amount, the commitment amount shall then be reduced
to match the final required debt service coverage.)
Task 7.5. Borrowing entity secures financing at lowest true interest cost (TIC) available in the
market.
Deliverable 7.5. Borrowing entity issues debt or obtains binding commitment for debt placement.
Comment: Borrower should evaluate either public debt issuance or commitment from private
purchaser.
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Task 8. CEC (excludes shoreline restoration and overwater structures) Project
Management, Bid Support/Bid Award, Construction Administration/Construction
Management, A&E Support, Construction. $16,000,000 to $20,000,000 ($ $9,210,000 of
Task 8 cost from KPFD
Task 8.1. Project management
Deliverable 8.1. Overall project management and oversight.
Task 8.2. Bid support/Bid award
Deliverable 8.2. A&E of record provides bid support (requests for information responses,
construction document amendments, bid tabulations, etc.)
Task 8.3. Construction administration/Construction management
Deliverable 8.3. Daily inspection reports, documentation as required, scheduling, certified
payrolls, progress billing approval, etc.)
Task 8.4. A&E support
Deliverable 8.4. A&E of record to provide technical assistance and direction during
construction. , A�
Task 8.5. CEC construction phase.
Deliverable 8.5. Construction
contract.
Task 8.6. Miscellaneous.
Deliverables 8.6. Required connection fees, impact fees and permit fees paid. Construction
staking, surveying, materials testing, special inspections provided.
Task 9. City to Complete Shoreline Restoration and Overwater Structures (No further
KPFD involvement)
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ATTACHMENT "B"
EXHIBIT 1
June 21, 2021
Nick Bond
City of Port Orchard
210 Prospect Street
Port Orchard, WA 98366
Dear Nick:
Congratulations! Governor Inslee recently signed the 2021-23 State Capital Budget, which
includes an appropriation of $1,236,000.00 for the South Kitsap Community Events Center (Port
Orchard) Project. The Department of Commerce, which will administer the project, will retain
two percent (up to a maximum of $50,000) to cover our administrative costs. Accordingly, your
net grant award will be $1,211,280.00.
Prior to receiving funds, your organization will need to fulfill the following requirements:
• Provide documentation of your organization's financial ability to complete the project. All
funds from sources other than the state must be expended, raised, or secured by
documented pledges or loans.
• For nonprofit grantees, any property relevant to the project must be owned or secured by a
long-term lease that remains in effect for a minimum of ten years following the final
payment date. A lien on owned property is also required when receiving grants over
$500,000.
• Prevailing wages must be paid for all construction labor costs incurred as of May 18, 2021.
• Review by the Washington State Department of Archaeology and Historic Preservation
and any affected Tribes (Governor's Executive Order 21-02).
• Your project may also need to comply with the state's green buildings standards (RCW
39.35D).
Please fill out the linked Contract Readiness Survey and submit at your earliest convenience.
Also enclosed is a comprehensive set of contracting guidelines to assist you with the process. If
you have any questions or need additional information, please contact your Project Manager, Beth
Robinson, at (360) 549-6260 or Beth.Robinson(a�commerce.wa.gov.
Sincerely,
Beth Robinson
Program Manager
Department of Commerce
Local Government Division
Capital Programs Unit
PO Box 42525
Olympia WA 98504-2525
Cell Phone: 360-549-6260
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ORCHAR6
Meeting Location:
Council Chambers
216 Prospect Street
Port Orchard, WA 98366
City Council
Minutes
Contact us:
Phone (360) 876-4407
cityhall@portorchardwa.gov
www.portorchardwa.gov
Regular Meeting of Tuesday, October 28, 2025
Mayor Putaansuu called the meeting to order at 6:30 p.m.
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
Heidi Fenton, Councilmember, Position No. 5
Robert Putaansuu, Mayor
Eric Worden, Councilmember, Position No. 4
Jay Rosapepe, Councilmember, Position No. 2
Mark Trenary, Councilmember, Position No. 1
Absent: John Morrissey, Councilmember, Position At -Large
Staff present: Public Works Director Ryan, Finance Director Crocker, Community
Development Director Bond, Chief of Police Brown, City Clerk Wallace, and Deputy City Clerk
Floyd.
Audio/Visual was successful.
Staff present via Zoom: City Attorney Archer
1. CALL TO ORDER
A. Pledge of Allegiance
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
Moved by Mark Trenary; seconded by Heidi Fenton to Add to the Consent Agenda the excusal of
Councilmember Morrissey for Personal Reasons.
Motion Carried: 6 - 0
Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton
October 28, 2025, City Council Meeting Minutes 65
Page 1 of 7
Voting Against: None
Moved by Mark Trenary; seconded by Jay Rosapepe to Add to Business Items the approval of
Change Order No. 10 to Contract 059-23 with Stellar J Corporation for the Marina Pump
Station Improvement Project.
Motion Carried: 6 - 0
Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton
Voting Against: None
Moved by Heidi Fenton; seconded by Eric Worden to Move Consent Agenda Item 4D Adoption of
a Resolution Confirming Mayoral Appointments to Boards, Committees, and Commissions to
Business Items.
Motion Carried: 5 - 1
Voting For: Fred Chang, Mark Trenary, Scott Diener, Eric Worden, Heidi Fenton
Voting Against: Jay Rosapepe
Moved by Jay Rosapepe; seconded by Fred Chang to Approve the agenda as amended.
Motion Carried: 6 - 0
Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton
Voting Against: None
3. CITIZEN COMMENTS
Robert McGee and Kristy McGee voiced concerns with cabaret licensing and presented
Council with a letter approved by every business required to hold a cabaret license, asking the
City to repeal POMC 5.20 'Cabarets'.
Ken Westam is a food vendor and he voiced concerns with the process of trying to receive
their street vending permit.
4. CONSENT AGENDA
Moved by Jay Rosapepe; seconded by Scott Diener to Approve the Consent Agenda as amended.
Motion Carried: 6 - 0
Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton
Voting Against: None
October 28, 2025, City Council Meeting Minutes 66
Page 2 of 7
A. Approval of Vouchers and Electronic Payments
Approval of Voucher Nos. 89618 through 89651 and 89657 through 89669 including
bank drafts in the amount of $180,421.78 and EFT's in the amount of $433,621.36
totaling $614,043.14.
B. Approval of Payroll and Direct Deposits
Approval of Payroll Check Nos. 89652 through 89656 including bank drafts and EFT's in
the amount of $289,926.05 and Direct Deposits in the amount of $297,071.15 totaling
$586,997.20.
C. Adoption of a Resolution Adopting the 2026 Legislative Agenda
Boards,
E. Approval of Amendment No. 3 to Contract No. 042-15 with the South Kitsap
Western Little League for a Real Property Lease
F. Approval of Amendment No. 3 to Contract No. 043-15 with the South Kitsap Pee
Wee Association for a Real Property Lease
G. Approval of a Lease Agreement with South Kitsap Soccer Club, SK United, Youth
Non -Profit Soccer Club for Use of a Portion of Van Zee Park
H. Approval of Change Order No. 10 to Contact 059-23 with Stellar J Corporation for
the Marina Pump Station Improvement Project
I. NEW ITEM: Excusal of Councilmember Morrissey for Personal Reasons
5. PRESENTATION
A. Community Event Center Update - Rice Fergus Miller
Dean Kelly, Rice Fergus Miller, provided a presentation with included Plan Updates -Level 2, Plan
Updates -Level 2 Restrooms, Plan Updates -Event Space Operable Walls, Plan Updates -Large
Meeting Room, Landscape Updates -Overall Site Plan, Landscape Updates -Site Amenities, Floor
Plan -Level 1, Perforated Railings -Design Intent, and Level 2 Restrooms-Alternate Options.
Additional discussion was held regarding the unisex bathrooms and handwash stations,
nanawall folding wall system, kids area teeter-totter or climbable structure, and covered
structure closure to the side of the lift station.
Council direction: Council would like more nautical options for the climbing structure and
prefers a glass canopy for the covered structure.
6. PUBLIC HEARING
A. Multi -Family Tax Exemption Ordinance Public Hearing
Community Development Director Bond provided a presentation 'Multi -Family Tax Exemption
(MFTE) which included MFTE Types, MFTE Basics, Previous MFTE Approvals, City Stabilized
Vacancy, Average Rent, Proposed Ordinance 8 and 12 -Year Requirements, Proposed Ordinance
Additional 12 -Year Requirements for Affordable Housing, MFTE Residential Target Areas, and
Pros and Cons of MFTE.
Mayor Putaansuu opened the public hearing at 7:23 p.m.
Roger Gay voiced concerns with the MFTE as he does not like to see his property tax rise,
October 28, 2025, City Council Meeting Minutes 67
Page 3 of 7
especially when he has no control on whether they do or not. It moves the tax burden from
developers and puts it on the shoulders of taxpayers, even ones who do not live in the City. He
encouraged Council to present a plan to voters and get their support for a levy or bond.
Amy Durgan voiced concerns with affordability and availability. She asked for the City to start
working on a way to make the City more affordable and to charge the developers the fair price
and not shift the tax burden to the people.
Russell agrees with the first two comments, and the MFTE, by seeming aimed at reducing
rent, poses a significant risk to our community and financial health. Growth will place
increased demands on our local services including schools, fire districts, and infrastructure.
Robert McGee said this is subsidized housing. You can call it whatever you want, but this is
subsidized housing and it's forced upon the taxpayer. Sequim and Poulsbo did not opt into the
MFTE because of the financial trade-offs. MFTE is not required by the state, but it is
encouraged. He also voiced concerns about how the program affects property tax, the public
benefit, and accountability.
There being no more testimony, Mayor Putaansuu closed the public hearing at 7:39 p.m.
Councilmember Chang noted the City received 2 letters [on the MFTE public hearing] from the
Kitsap Builders Association and Alyssa Whittleton.
Additional discussion was held on the program for property tax, market rents, apartment
complexes, affordable units, zoning, and subsidized development.
Each Councilmember spoke to the MFTE and voiced their concerns, noting they are not
comfortable moving forward with the program.
Mayor Putaansuu said we will not be moving forward with MFTE. He said staff brought this
forward at the direction of Council. He appreciated the work staff did on this work.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Setting the amount of Property Tax to be levied for
Year 2026, Pursuant to RCW 84.55.120
Moved by Scott Diener; seconded by Jay Rosapepe to Adopt an ordinance, setting the 2026
property tax levy and the amount of property taxes to be raised for the budget year of 2026.
Motion Carried: 6- 0
Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton
Voting Against: None
B. Adoption of an Ordinance on the Mid -Biennial Review and Amendments to the
2025-2026 Biennial Budget
October 28, 2025, City Council Meeting Minutes 68
Page 4 of 7
Councilmember Worden recused himself at 8:02 p.m.
Moved by Mark Trenary; seconded by Jay Rosapepe to Adopt an ordinance Amending Ordinance
No. 018-24, the 2025-2026 Biennial Budget for the City of Port Orchard. .
Motion Carried: 5- 0
Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Heidi Fenton
Voting Against: None
Councilmember Worden returned to the meeting at 8:05 p.m.
C. Adoption of a Resolution Authorizing the Mayor to Execute a Contract with
Skillings, Inc. for the Ruby Creek Culvert Replacement Project
Moved by Scott Diener; seconded by Heidi Fenton to Adopt a Resolution authorizing the Mayor
to execute a Professional Services Agreement with Skillings, Inc. for the Ruby Creek Culvert
Replacement Project in the amount of $665,682.
Motion Carried: 6- 0
Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton
Voting Against: None
D. Approval of Change Order No. 10 to Contact 059-23 with Stellar J Corporation for
the Marina Pump Station Improvement Project
Moved by Jay Rosapepe; seconded by Scott Diener to Authorize the Mayor to execute Change
Order No. 10 to Contract No. C059-23 with Stellar J Corporation for the Marina Pump Station
Improvement Project to increase the contract by by $300,107.79, for a new contract total of
$15,861,587.99 (applicable taxes included).
Motion Carried: 6- 0
Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton
Voting Against: None
E. Adoption of a Resolution Confirming Mayoral Appointments to Boards,
Committees, and Commissions
Moved by Heidi Fenton; seconded by Scott Diener to Adopt a resolution confirming the
Mayor's appointments to the Boards, Committees, and Commissions, as set forth in the
resolution presented.
Motion Carried: 6- 0
Voting For: Fred Chang, Mark Trenary, Jay Rosapepe, Scott Diener, Eric Worden, Heidi Fenton
October 28, 2025, City Council Meeting Minutes 69
Page 5 of 7
Voting Against: None
8. DISCUSSION ITEMS
There were no discussion items.
9. REPORTS OF COUNCIL COMMITTEES
A. Council Advisory Committees
Brief reports were provided for the October 13th Economic Development and Tourism
Committee meeting, October 14th Finance Committee meeting, October 15th Land Use
Committee meeting, lodging tax updates, and Coffee with Council.
Councilmember Rosapepe reported on the October 28th Sewer Advisory Committee
meeting.
10. REPORT OF MAYOR
The Mayor reported on the following:
• Tour of Seatac airport.
• Issues with the Prospect Street building [730 Prospect Street] elevator.
• Letter to the governor regarding intertie project.
• Letter regarding nutrient content and sewer treatment plant.
11. REPORT OF DEPARTMENT HEADS
Community Development Director Bond reported on a team building exercise from the
State Auditor's Office.
Chief of Police Brown reported on the police departments strategic plan and Stuff the Patrol
Car food drive.
City Clerk Wallace reported on Coffee with Council and informed Councilmember Fenton
where to find information on boards, committees, and commissions on the City's website.
Finance Director Crocker thanked the Mayor and Council for their support during the
budget amendment process.
Public Works Director Ryan voiced appreciation for Finance, Council, and Mayor [for support
of their budget]. He also reported on road work on Bay Street, and an update of Givens Park.
12. CITIZEN COMMENTS
Amy Durgan spoke about the community event center swings and having a kraken or
octopus climbable structure and using some space as a small business incubator.
13. GOOD OF THE ORDER
October 28, 2025, City Council Meeting Minutes 70
Page 6 of 7
Councilmember Diener wonders if the Port of Bremerton will be driving piles during the FIFA
event, asked for the benches downtown to be replaced by the Port, and mentioned there is a
55 -gallon steel drum that was converted to a garbage can.
Councilmember Rosapepe asked for the old Port Orchard wooden sign down by the library to
be removed because we now have a better sign downtown, November 29th is small business
Saturday, and reminded everyone to vote.
In response to Councilmember Rosapepe, Mayor Putaansuu gave an update on the fish
culvert project on Mile Hill.
A brief discussion was held on the Rite Aid situation.
In response to Councilmember Trenary, Public Works Director Ryan reported on
speed prevention bumps.
A brief discussion was held regarding an art program or Arts Commission in Port Orchard
which will be added to the next Council retreat. Additionally, conversation was held regarding
budget priorities.
14. EXECUTIVE SESSION
At 8:54 p.m., Mayor Putaansuu recessed the meeting for a 10 -minute executive session
pursuant to RCW 42.30.110 related to a real estate matter. City Attorney Archer was invited to
attend and Mayor Putaansuu announced no action will take place.
Councilmembers Diener and Worden did not attend the executive session.
At 9:04 p.m., Mayor Putaansuu reconvened the meeting back into session.
15. ADJOURNMENT
The meeting adjourned at 9:04 p.m. No other action was taken.
Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor
October 28, 2025, City Council Meeting Minutes
Page 7 of 7 71
INSLEE
®BEST
MEMORANDUM
TO: City of Port Orchard City Council
CC: Mayor Rob Putaansuu; Nick Bond, Community Development Director;
Denis Ryan, Public Works Director; Matt Brown, Chief of Police; Brandy
Wallace, City Clerk
FROM: Charlotte Archer, City Attorney
DATE: April 7, 2025
RE: Legal issues pertaining to Cabaret Licensing
I. Introduction
The City Council of the City of Port Orchard has requested information pertaining to the
City's regulatory license issued to businesses operating a "cabaret" within the City, defined at
Chapter 5.20 of the Port Orchard Municipal Code (POMC) as:
[A]ny room, place or space in the city open for service to the public
or members in which the guests, patrons, entertainers or other
persons are allowed to dance, sing, or perform music or live
entertainment, including comedy, in connection with the restaurant
business or the business of directly or indirectly selling food or
refreshments, including liquor, for consumption on or within the
premises.
This regulatory license is in addition to the general business license, with applicants charged a
$200 license fee (comprised of a $100 license fee and a $100 fire district fee). In 2020, the City
received fifteen (15) applications and all were approved. Since the COVID-19 pandemic in 2020,
the number of applications has decreased to eight (8) in 2021, ten (10) in 2022, and nine (9) in
each of 2023, 2024, and 2025.
Municipal business licenses serve a variety of functions, from enabling the City to monitor
business activities operating within the city's jurisdiction and regulating business activities to
ensure public safety and code compliance. The cabaret license provides a regulatory framework to
enhance review of these types of businesses.
Inslee Best Doezie & Ryder P.S. Main: 425.455.1234 Fax: 425.635.7720 insleebest.com
Page 2 of 4
II. Authority and Analysis
A. Legal Framework for Business Licensing, Generally.
1. General Business Licenses.
In Washington, individuals and companies conducting business are required to obtain a business
license from the Washington State Business Licensing Service. Additionally, most cities —
including the City of Port Orchard —require a separate business license to conduct business within
their jurisdiction. This authority is set forth at RCW 35A.82.020, which provides that code cities
may "exercise the authority authorized by general law for any class of city to license and revoke
the same for cause, to regulate, make inspections and to impose excises for regulation or revenue
in regard to all places and kinds of business, production, commerce, entertainment, exhibition, and
upon all occupations, trades and professions and any other lawful activity..."
The means and methods for general business licensing by municipalities in Washington are
governed by Chapter 35.90 RCW, which lends uniformity to the application and issuance
processes for these general business licenses. This Chapter expressly requires all cities and towns
with general business licensing requirements to adopt the uniform "model ordinance" for general
business licensing; Port Orchard has adopted the model ordinance, which requires a general
business license for any person or company "engaging in business" within city limits
and establishes a minimum dollar threshold below which the businesses are partially or fully
exempted from licensing requirements.
2. Regulatory Business Licenses, Generally.
In addition to a general business license, many cities utilize regulatory licenses and fees for
businesses that, as determined by the agency, require additional oversight due to unique code
enforcement or public safety challenges. The general authority to require regulatory licenses is
derived from RCW 35.90.010(6), which defines a "regulatory business license" as "a license, other
than a general business license, required for certain types of businesses that a city has determined
warrants additional regulation."
Although the types of regulatory licenses vary by city, most cities utilize these additional licenses
for businesses engaged in live entertainment, massage parlors, fireworks sales, marijuana sales,
and adult entertainment. For example, the City of Tacoma requires a regulatory business license
(in addition to the general business license) for over 30 categories of businesses, including three
separate classes of "Entertainment and Dancing", businesses (these are distinct from adult
' Per Tacoma Municipal Code Chapter 6B.70, this regulatory license applies to all businesses that meet the
following definitions: (1) "Entertainment" means an activity where the public, members, guests, patrons, entertainers,
or other persons sing, perform, or otherwise engage in musical entertainment, presentation of recorded music played
on equipment which is operated by an agent or contractor of an establishment, commonly known as a "DJ" or "disc
jockey," presentations by single or multiple performers, such as hypnotists, mimes, comedians; musical song or dance
acts, plays, concerts, any type of contest; sporting events, exhibitions, carnival, rodeo or circus acts, demonstrations
of talent; exhibitions, theatrical performances, shows, or similar amusements to which the public or members are
invited or allowed to watch, listen, or participate or that is conducted for the purposes of holding the attention or,
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Page 3 of 4
Entertainment establishments, which are separately regulated), with fees ranging from $90 to
$2,400 (depending, in part, on whether liquor is served). At Tacoma, the applications for these
businesses are reviewed by Planning & Development Services, Fire, Police and Tax & License
Compliance, and the application includes a required "Written Safety Plan" that addresses safety,
security and complaints from patrons and neighborhood residents.
B. City of Port Orchard Regulatory Cabaret License.
1. Legal Framework for Cabaret License.
For many years, the City of Port Orchard has required a regulatory license for businesses that offer
dancing, performing music or other types of live entertainment in connection with the business of
selling food or refreshments, including liquor. The existing rules and regulations for this license
were adopted in 2005 through Ordinance No. 023-05. These rules and regulations require a
regulatory license for businesses that meet the definition of a "cabaret", which is defined as:
[A]ny room, place or space in the city open for service to the public
or members in which the guests, patrons, entertainers or other
persons are allowed to dance, sing, or perform music or live
entertainment, including comedy, in connection with the restaurant
business or the business of directly or indirectly selling food or
refreshments, including liquor, for consumption on or within the
premises.
Applications for this license are reviewed by City Staff, including police, fire, planning and finance
departments for compliance with all federal, state and local laws. In addition, the applicants and
identified staff are evaluated to ensure that no cabaret license is issued to:
(a) A person who has been convicted of a felony within five years
prior to filing of an application.
(b) A person who has been convicted of a violation of any federal
or state law or city ordinance concerning the manufacture,
possession or sale of narcotics or controlled substances as defined
by the Revised Code of Washington.
(c) A person who has had a similar license revoked or suspended
pursuant to this chapter or its predecessor.
(d) A person whose place of business is conducted by a manager or
agent, unless such manager or agent possesses the same
qualifications required of the licensee.
gaining the attention of or diverting or amusing guests or patrons in connection with the business of directly or
indirectly selling liquor for consumption on or within the premises. "Entertainment" includes "dancing." (2) "Dancing
Room" means any room, place, space, or private club in the City open for the serving of the public or members, in
which the members, guests, patrons, entertainers, or other persons are permitted to, dance in the connection with the
business of directly or indirectly selling liquor for consumption on or within the premises.
74
Page 4 of 4
(e) A partnership, unless all members thereof are qualified to
obtain a license as provided in this chapter.
(f) A corporation, unless all officers, directors and managers
thereof are qualified to obtain a license as provided in this chapter.
As noted in the following data, this regulatory business license serves several functions, including
ensuring the review of business activities and the facility to ensure public safety and code
compliance. For example, the planning department reviews the application to audit the anticipated
occupancy load against the projected occupancy load for the live entertainment activity, as well as
to review to ensure the facility meets the applicable building and fire codes.
The issuance (or withholding) of a cabaret license in response to code compliance issues, such as
structural deficiencies, is a tool the City utilizes to obtain timely compliance. Through the
inspection triggered by an application for this license, staff is able to enter the premises and identify
conditions that threaten public health and safety. In contrast, code enforcement efforts are
complaint -driven, and enforcement is primarily obtained through the issuance of monetary fines
(most of which are set at $100 per violation). As a result, without this license and the associated
annual inspection, issues may persist unless and until a complaint is submitted with the City.
2. Historical Data on Cabaret Licenses.
In 2020, the City received and approved fifteen applications for cabaret licenses. In 2021, eight
applications were applied for and issued, and in 2022 with ten issued in 2022.
In 2023, the City received nine applications for cabaret licenses. While all nine were ultimately
issued, staff worked with four of the applicants to take steps to ensure the business and associated
facilities were following all applicable laws. For example, an applicant in 2023 was flagged for
follow-up because of overdue fire life safety / fire suppression system inspections and lacked
records showing regular maintenance. Further, the City required evidence that the Type 1 hood
(used for food preparation) had been cleaned and maintained. Once this additional material was
submitted, the license was approved.
In 2024, the City received nine applications for cabaret licenses. Again, all nine were ultimately
approved, but one required additional follow-up prior to approval. The additional follow-up again
focused on the maintenance records for the fire suppression system.
In 2025, the City received nine applications and eight were issued. One application was denied
due to the unpermitted installation of a heating element. Consistent with past practice, the City
attempted to work with the applicant to obtain an "after the fact" permit, without success. The City
(through its code enforcement officer and building official) continues efforts to obtain compliance;
the business is currently open and operating.
We would be happy to answer any additional questions regarding these issues, as needed.
75
CITY COUNCIL ADVISORY COMMITTEE MEETING DATES
STANDING COMMITTEE
Date & Time
Location
Economic Development and Tourism
December 8, 2025; 9:30am — 2"d Monday of the month
Remote Access
Utilities
December 9, 2025; 4:30pm — 2"d Tuesday of the month
Remote Access
Finance
TBD; 4:00pm — 3rd Tuesday of the month
Remote Access
Transportation
November 28, 2025; 4:30pm- 4th Tuesday of the month
Remote Access
Land Use
December 17, 2025; 4:30pm -3rd Wednesday of the month
Remote Access
Lodging Tax Advisory
December 4, 2025; 12:30pm
City Hall
Sewer Advisory
February 2026; 3:00pm
WSUD
Outside Agency Committees
Varies
Varies
Coffee with Council
January 3, 2026; 10:00AM
701 Bay Street
**Dates subject to change
I1T11e\Y97:7
Robert (Rob) Putaansuu
Mayor
Administrative Official
,sl I I I'L(.1u1 ► I'I I I
Fred Chang
Councilmember Position 6
(Mayor Pro-Tempore)
E/D & Tourism Committee
Finance Committee
Eric Worden
Councilmember Position 4
Land Use Committee
Utilities/Sewer Advisory Committee
KRCC-alt
DEPARTMENT DIRECTORS
Mark Trenary
Councilmember Position 1
Finance Committee, Chair
Transportation Committee, Chair
KRCC
PSRC-alt
Heidi Fenton
Councilmember Position 5
Utilities/Sewer Advisory Committee
E/D & Tourism Committee
Transportation Committee
Jay Rosapepe
Councilmember Position 2
Utilities/Sewer Advisory Committee, Chair
Land Use Committee, Chair
KEDA-alt
John Morrissey
Councilmember Position At -Large
Finance Committee
E/D & Tourism Committee
Lodging Tax, Chair
Kitsap Economic Development Alliance
PSRC EDD-alt
Tim Drury Debbie Lund, CEBS SPHR SHRM-SCP Noah Crocker, M.B.A.
Municipal Court Judge Human Resources Director Finance Director
Matt Brown Nicholas Bond, AICP Denis Ryan, CPWP-M, CPRP
Police Chief Community Development Director Public Works Director
Scott Diener
Councilmember Position 3
Land Use Committee
Transportation Committee
Kitsap Public Health District
Brandy Wallace, MMC, CPRO
City Clerk
76