HomeMy WebLinkAbout021-26 - Resolution - Permittable AIDocusign Envelope ID: 5BC773BC-C24A-435B-8546-CDA0E4D08D22
RESOLUTION NO. 021-26
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ESTABLISHING
A SINGLE-FAMILY BUILDING PERMIT APPLICATION ARTIFICIAL INTELLINGENCE
PRE-SCREENING PILOT PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH PERMITTABLE Al FOR THE PILOT PROGRAM.
WHEREAS, the City's permit review timelines for building code permits are frequently
extended due to the submission of applications and supporting materials that are incomplete or
not compliant with applicable building codes and submittal requirements, necessitating
additional review, correction requests, and resubmittals before approval can be considered; and
WHEREAS; the City seeks to improve its plan review process to encourage the creation of
housing and to save builders time and money associated with delays arising from the plan review
process when plan corrections are necessary for consistency with applicable building codes; and
WHEREAS; the City was recently approached by PermittableAl, a new company
developing a pre-screening tool whereby applicants can perform an optional artificial
intelligence plan review of submittals so that corrections to plans can be made by the applicant
prior to making an application to the City with the goal of streamlining the review process; and
WHEREAS; PermittableAl seeks partner agencies to test and refine its artificial intelligence
technology, with the intent that the collaboration provides operational insights and potential
efficiencies for the City while allowing the company to evaluate and improve its technology in a
real -world municipal environment; and
WHEREAS, through the pilot program, PermittableAl will offer its service to interested
applicants in Port Orchard on a voluntary basis to preview applications for a period of 1 -year, free
of charge; and
WHEREAS; the City would provide PermittableAl public records from previous plan reviews
performed by the City to calibrate their Al model to reflect the City's approach to plan review and
applicable building codes; and
WHEREAS; the attached pilot program agreement outlines the responsibilities of the City
and Permittable Al during the one-year period of the Pilot program, with all disclosures compliant
with the Washington Public Records Act, Chapter 42.56 RCW; and
WHEREAS; the City Council finds that partnering with PermittableAl on a pilot program
provides the city with the opportunity to evaluate an Al tools potential for making the Department
of Community Development more efficient and to provide shorter permit review timelines and
cost savings to builders; and
WHEREAS, the City Council finds that the public will receive a benefit from partnering with
PermittableAl by receiving a free service and more efficient Department of Community
Development and that the benefits of this free service outweigh city staff's time commitments
outlined in the pilot program agreement; now, therefore,
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Resolution No. 021-26
Page 2 of 2
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City Council approves of the Pilot Program Agreement and the institution of
this pilot program. Accordingly, the Mayor is authorized to execute a pilot program
agreement with PermittableAl.
THAT: The Mayor or the Mayor's designee, is authorized and directed to implement the
pilot program and to ensure that the program is clearly communicated to the public,
including providing notice that participation is voluntary and making readily available
the applicable terms, conditions, and any relevant disclosures associated with the
program.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 24th day of February 2026.
Signed by:
I°ob Pu MJA Slug.
Robert Putaansuu, Mayor
ATTEST:
igned by:
rra�n
Brandy Wallace, MMC, City Clerk
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December 19, 2025
Rob Putaansuu
Mayor
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Re: Pilot Program
Dear Mr. Putaansuu:
Permittable AI, Inc. ("Permittable") is pleased to submit this agreement (the "Pilot Agreement")
to the City of Port Orchard ("Port Orchard") regarding a pilot program between Permittable and Port
Orchard (the "Pilot Program"). The signatories to this Pilot Agreement are collectively referred to as the
"Parties" and individually as a "Party".
The Parties agree to coordinate a press release or announcement, provided the City shall have final
approval of any such press release.
Each Party will bear its own expenses in connection with this Agreement and any actions taken by
a party in reliance on this Agreement is at that Party's sole risk and expense.
If you agree with the terms and conditions of the Pilot Program as set forth on the following page,
please confirm your agreement by signing and returning this Pilot Agreement to me.
Very truly yours,
Permittable AI, Inc.
Signed by:
By:
Name: Pieter De Temmerman
Title: Chief Executive Officer
Accepted and Agreed:
City of Port Orchard
[,Signed by:
By:� PltilMJA SK&
Name: Rob Putaansuu
Title: Mayor
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Terms and Conditions
The terms and conditions governing the Pilot Program are as follows:
Overview of Pilot
Program
Permittable is an AI -enabled pre-screening platform designed to help architects
and developers identify omissions and code -related issues as it relates to
residential building permit applications. The City of Port Orchard, Washington,
is proactively exploring innovative approaches to improve the completeness and
accuracy of residential building permit applications to enable the City to
streamline the permitting process. The Parties have agreed to partner together
as set forth herein to improve the quality of residential permit applications
submitted to Port Orchard.
Port Orchard
Compliant with Chapter 42.56 RCW, the Washington State Public Records
Responsibilities
Act, the City agrees to provide representative examples of past residential
plan review public records, selected by the City at its sole discretion, with
Permittable to allow it to validate its review logic aligns with common
issues historically identified by city reviewers.
■ Include information, as approved by the City in its sole discretion,
about the Pilot Program in locations selected by the City at its sole
discretion, which may include the Port Orchard's website
■ Provide public records requested by Permittable to further the goals of
the Pilot Program, including, but not limited to, data related to timelines and
outcomes between applicants who use the Permittable platform versus those
who do not, provided the City shall have no obligation to create a record in
response to such a request.
■ Waive all fees and costs associated with the City's production of requested
public records, levied pursuant to RCW 42.56.120, in exchange for the
benefits afforded to the City through this partnership (outlined above).
■ Collaborate with Permittable on public -facing communications, press
releases, etc. as it relates to the Pilot Program, provided the City shall have
final approval of all messaging posted on City -controlled platforms and all
references to the City in messaging utilized by Permittable.
Permittable
■ Provide and maintain the Permittable platform free of charge for Port
Responsibilities
Orchard residential applicants for a period of one (1) year following
public rollout. Port Orchard residential applicants will be defined as those
applicants with a Port Orchard address on their respective permit
application.
■ Operate support channels for Port Orchard residential applicants.
■ Perform calibration using data, information, etc. provided by Port Orchard.
■ Deliver quarterly reviews on the efficacy of the Pilot Program with Port
Orchard, which will include usage metrics and outcome comparisons.
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• Collaborate with Port Orchard on any public -facing communications, press
releases, etc. as it relates to the Pilot Program, provided any public
communications referencing the City of Port Orchard shall be pre -approved
by the City
• Permittable represents and confirms that Permittable's request for and
receipt of the requested records and data under the terms of this Pilot
Program complies with RCW 42.56.070(8).
Joint
■ Beginning February 2026, the Parties shall collaborate on a short
Responsibilities
calibration / testing phase (the "Calibration Phase") whereby Port Orchard
will provide representative examples, selected by the City, of publicly -
available past residential plan review records to Permittable to allow it to
validate its review logic aligns with common issues historically identified
by city reviewers (per the terms of this Pilot Agreement and subject to
Chapter 42.56 RCW). Once the Parties have jointly concluded that the
Calibration Phase is completed, Permittable will make its platform publicly
available for Port Orchard residential applicants free of charge (per the
terms of this Pilot Agreement and Permittable's standard Terms of Service
)•
• As City resources allow, the Parties may meet in -person or virtually
once per quarter to evaluate the progress of the Pilot Program, including but
not limited to, reviewing (1) volume of applicant usage, (2) relative
differences in resubmission cycles, (3) differences in review timelines for
applicants who used the Permittable platform versus those who did not, and
(4) trends in issue severity (i.e., major, medium, minor) in initial
applications. The City agrees to provide publicly available information to
assist in the evaluation of these issues (per the terms of this Pilot
Agreement).
Further
• The Parties acknowledge and agree that (1) residential applicants will be
Acknowledgements
engaging directly with Permittable and remain responsible for their own
application submissions to Port Orchard, and (2) all permitting authority,
code enforcement, etc. shall at all times remain strictly under the domain of
Port Orchard.
IP and
• IP Rights: Permittable shall retain ownership to its own products and
Confidentiality
services. Any intellectual property that is generated or created in connection
with this Agreement or the Pilot Program shall be owned solely by
Permittable ("Permittable IP").
■ Notwithstanding the foregoing, Permittable acknowledges that the City of
Port Orchard is a public agency subject to the Public Records Act, Chapter
42.56 RCW, and further all public records (including data) provided to the
City of Port Orchard by Permittable are subject to disclosure by the City
upon request. The City may be required, upon request, to disclose the
Agreement, and the documents and records submitted to the City by
Permittable, unless an exemption under the Public Records Act applies. If
the City receives a public records request and asks Permittable to search its
files for responsive records as it relates to files provided by the City to
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Permittable or to the City by Permittable ("Applicable Responsive
Records"), Permittable agrees to make a prompt and thorough search
through its files for such Applicable R esponsive R ecords and to
promptly turn over any responsive records to the City's public records
officer at no cost to the City. Notwithstanding anything to the contrary in
this Agreement, Port Orchard shall not own any Permittable IP and shall
not disclose any such information without the prior written consent of
Permittable
Indemnification/No
Warranties
■ No Warranties: The Permittable platform (and all services related thereto)
are provided to users "as is" and with all faults and defects without warranty
of any kind. To the maximum extent permitted by law, Permittable, on its
own behalf and on behalf o f its affiliates and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Permittable platform (and all services related
thereto), including all implied warranties of merchantability, fitness for a
particular purpose, title, and non -infringement, and warranties that may
arise out of course of dealing, course of performance, usage, or trade
practice. Without limitation to the foregoing, Permittable provides no
warranty or undertaking, and makes no representation of any kind that the
Permittable platform will meet the City's requirements, achieve any
intended results, be compatible, or work with any other software,
applications, systems, or services, operate without interruption, meet any
performance or reliability standards or be error free, or that any errors or
defects can or will be corrected.
Terms of Service
■ Port Orchard understands that Permittable's standard Terms of Service
will govern any applicants' usage of the Permittable platform (and all
services related thereto).
Term and
. This Agreement shall be Effective as of the date of this Pilot Agreement and
Termination
will terminate on the date that is one (1) year following the date upon which
the Calibration Phase is deemed completed, unless earlier terminated
pursuant to the below.
■ Either party may terminate the Pilot Agreement for convenience upon 90
days' prior written notice.
Notwithstanding any termination, the "IP and Confidentiality", "No
Warranties", the" "and "Term and Termination" sections of this
Agreement shall survive such termination.
Assignment
Neither party may assign the Agreement without the prior written consent of the
other party.
Notice
All notices, requests and other communications under this Agreement shall be
in writing and shall be deemed given (a) seven (7) business days following
sending by registered or certified mail, postage prepaid, (b) when sent, if sent
by email, unless not sent during business hours, in which case it shall be
deemed delivered on the next business day, in each case, provided no failure of
delivery or out of office notice is generated or otherwise received by the
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sender; (c) when delivered, if delivered personally to the intended recipient,
and (d) when received by the addressee if sent by an internationally recognized
two-day courier (receipt requested), in each case, addressed to a Party at the
following address for such Party:
(a) If to Permittable to:
Permittable AI, Inc.
218 Main Street, Suite 757
Kirkland, WA 98033
Attn: Pieter De Temmerman, Chief Executive Officer
E-mail: pieter@permittable.ai
and to (which shall not constitute notice):
DLA Piper LLP (US)
701 Fifth Avenue, Suite 6900
Seattle, Washington 98104-7044
Attn: Brian Cadousteau
E-mail: brian.cadousteau@us.dlapiper.com
(b) If to Port Orchard to:
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Attn: Brandy Wallace, City Clerk
E-mail: bwallacegportorchardwa.gov
with a copy to (which shall not constitute notice):
Inslee, Best, Doezie & Ryder
10900 NE 4th Street, Suite 1500
Bellevue, WA 98004
Attn: Charlotte Archer
E-mail: carcher@insleebest.com
Amendments; This Agreement may not be amended, modified or supplemented except by
Waiver written agreement of the Parties. Any agreement on the part of a Party to any
waiver of any provision hereof shall be valid only if set forth in an instrument
in writing signed on behalf of such Party. A waiver by a Party of the
performance of any covenant, agreement, obligation, condition, representation
or warranty shall not be construed as a waiver of any other covenant,
agreement, obligation, condition, representation or warranty. A waiver by any
Party of the performance of any act shall not constitute a waiver of the
performance of any other act or an identical act required to be performed at a
later time unless explicitly specified in such waiver.
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General Terms A. Permittable represents and warrants that it has the requisite
authority and capacity to enter into this Agreement and shall
comply with all applicable federal, state, and local laws and
regulations in the performance of its obligations hereunder
B. Permittable agrees not to discriminate against any employee or
applicant for employment or any other person in the performance of
this Agreement because of race, creed, color, national origin, marital
status, sex, age, disability, or other circumstance prohibited by federal,
state, or local law or ordinance, except for a bona fide occupational
qualification.
C. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington. If any dispute arises between
the City and Permittable under any of the provisions of this Agreement
jurisdiction of any resulting litigation shall be filed in Kitsap County
Superior Court, Kitsap County, Washington.
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