04/28/2009 - Regular - Packet
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required
Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office, 360.876.4407
Meetings are broadcast on BKAT ~ visit www.bkat.org for broadcast dates and times
April 28, 2009, Meeting Agenda Page 1 of 2
CITY OF PORT ORCHARD
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 FAX (360) 895-9029
City Council Meeting Agenda
April 28, 2009
7:00 p.m.
1. CALL TO ORDER
A. Pledge of Allegiance
2. CITIZENS COMMENTS
Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor,
please state your name and address for the official record (please complete the sign -in sheet located in the hallway).
3. APPROVAL OF AGENDA
4. CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been distributed to each
Councilmember for reading and study. Consent Agenda items are not considered separately unless a
Councilmember so requests. In the event of such a request, the item is returned to Business Items.)
A. Approval of Claim Warrants
B. Approval of the April 14, 2009, Council Meeting Minutes
C. Setting Meeting for Work Study Session to May 19, 2009, at 7:00 p.m. at City Hall
(Kirkpatrick)
D. Approval of Public Event: Kitsap Mustang Club (Kirkpatrick)
E. Approval of Public Event: Fathoms O’ Fun Grand Parade (Kirkpatrick)
F. Approval of Carnival: Paradise Amusements (Kirkpatrick)
G. Adoption of Resolution No. 031-09, Authorizing the Mayor to Execute Contract Extension with
Sound Law Center, LLC for Hearing Examiner (Kirkpatrick)
H. Adoption of Resolution No. 040-09, Supporting Federal Grant Funding for Tremont
Widening/Gateway Project (Dorsey)
I. Adoption of Resolution No. 041-09, Supporting the Grant Applications for the Blackjack Creek
Wilderness Trail and Authorizing the Mayor to Execute the Grant Applications (Weaver)
J. Adoption of Resolution No. 042-09, Supporting the Grant Application for the Boating
Facilities Program for the City Boat Launch and DeKalb Pier and Authorizing the Mayor to
Execute the Grant Application (Weaver)
K. Authorizing the Mayor to Execute Letter Granting Waiver to Display Banner for Cedar Cove
Days the Week of June 9, 2009 (Kirkpatrick)
5. PRESENTATION
Proclamation: Silver Star Banner Day
6. PUBLIC HEARING
A. Canceled: Public Hearing on Ordinance No. 010-09, Amending Port Orchard Municipal Code
Title 16, Land Use Regulations (Weaver)
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required
Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office, 360.876.4407
Meetings are broadcast on BKAT ~ visit www.bkat.org for broadcast dates and times
April 28, 2009, Meeting Agenda Page 2 of 2
B. Public Hearing: Ordinance No. o11-09, Regarding Annexation of McCormick Woods (Weaver)
7. BUSINESS ITEMS
A. First Reading of Ordinance No. 012-09, Amending the 2009 Budget (Tompkins)
B. Adoption of Resolution No. 043-09, Authorizing the Mayor to Execute for Identity Theft
Prevention Program - Red Flag Rule (Tompkins)
C. Adoption of Resolution No. 044-09, Authorizing an Inter-Fund Loan Between the Cumulative
Reserve for Municipal Fact and the Current Expense Fund (Tompkins)
D. Adoption of Resolution No. 045-09, Authorizing the Mayor to Execute Contract with N.L.
Olson & Associates for Bay Street Seawall Final Design (Dorsey)
E. Adoption of Resolution No. 046-09, Authorizing the Mayor to Execute Contract with Road
Runner Striping, Inc. for the Tremont Medical Rechannelization (Dorsey)
F. Approval of Public Event: Fathoms O’ Fun Summer Festival Craft/Vendor Show (Kirkpatrick)
G. Grant Application: Byrne Justice Assistance (Townsend)
8. REPORTS OF COUNCIL COMMITTEES
9. REPORT OF MAYOR
10. REPORT OF DEPARTMENT HEADS
11. CITIZEN COMMENTS
(Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor,
please state your name and address for the official record. It is aske d that you do not speak on the same matter
twice.)
12. 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.
13. ADJOURNMENT
COMMITTEE MEETINGS Date & Time Location
Finance Committee May 22, 2009
7:30 a.m.
Mhyre’s
Tourism Committee
May 13, 2009
2:00 p.m.
City Hall
Utilities Committee
Sewer Advisory Committee (SAC)
May 15, 2009
7:30 a.m.
May 20, 2009
6:30 p.m.
Mhyre’s
S.K.W.R.F.
Public Property Committee T.B.D.
Work Study Session May 19, 2009
7:00 p.m.
City Hall
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4C Meeting Date: April 28, 2009
Subject: Setting Meeting for Work Study Prepared by: Patti Kirkpatrick, CMC
Session to May 19, 2009, at 7:00 City Clerk
p.m. at City Hall Atty Routing No: NA
Atty Review Date: NA
Summary: Work Study Sessions are considered a special meeting of the Council and as such fall
under RCW 42.30.080, which states: A special meeting may be called at any time by the presiding
officer of the governing body of a public agency or by a majority of the members of the governing body
by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the
governing body; and to each local newspaper of general circulation and to each local radio or
television station which has on file with the governing body a written request to be notified of such
special meeting or of all special meetings. Such notice must be delivered personally, by mail, by fax, or
by electronic mail at least twenty-four hours before the time of such meeting as specified in the notice.
The call and notice shall specify the time and place of the special meeting and the business to be
transacted. Final disposition shall not be taken on any other matter at such meetings by the governing
body.
In order to ensure the City is in compliance with proper noticing requirements, the City Attorney
has recommended that the Council, by consent agenda, set the date and time of a work study
session each month.
Recommendation: Staff recommends the Council set the meeting date and time for the next
work study session to May 19, 2009, at 7:00 p.m. at City Hall in the Robert G. Geiger Council
Chambers.
Motion for consideration: I move to set the next work study session meeting date and time to
Tuesday, May 19, 2009, at 7:00 p.m. to be held at City Hall in the Robert G. Geiger Council
Chambers.
Fiscal Impact: None.
Attachments: None.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4D Meeting Date: April 28, 2009
Subject: Approval of Public Event: Kitsap Prepared by: Patti Kirkpatrick, CMC
Mustang Club City Clerk
Atty Routing No: NA
Atty Review Date: NA
Summary: Each year several organizations request permission to close certain City streets;
request the use of City parking lots; or use City Parks. The Kitsap Mustang Club has submitted
their application for the annual Mustangs on the Waterfront, which will be held on Sunday, July
26, 2009, at the Port Orchard Waterfront Marina Park and Gazebo. City Departments, as well as
the Fire Department, have reviewed the application and have submitted their recommendations
and/or comments.
This Public Event Application is not a new event; they have been hosting their event for many
years on the waterfront.
Recommendation: Staff recommends approving the Public Event application.
Motion for consideration: I move to approve the public event application for the Mustangs on
the Waterfront, which will be held on Sunday, July 26, 2009, for use of a portion of the City’s
waterfront.
Alternatives: Deny the application or approve with conditions.
Attachments: Application
Fire Department Comments
Port Orchard Police Department Comments
Finance Department Comments
Public Works Department Comments
Planning Department Comments
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4E Meeting Date: April 28, 2009
Subject: Approval of Public Event: Fathoms Prepared by: Patti Kirkpatrick, CMC
O’Fun Grand Parade City Clerk
Atty Routing No: NA
Atty Review Date: NA
Summary: Each year several organizations request permission to close certain City streets;
request the use of City parking lots; or use City Parks. The Fathoms O’ Fun Festival Inc. has
submitted their application for the annual Fathoms O’ Fun Grand Parade public event to be held
on Saturday, June 27, 2009, using the City’s Port Orchard Boulevard and Bay Street. City
Departments, as well as the Fire Department, have reviewed the application and have submitted
their recommendations and/or comments.
This public event application is not a new event; they have been hosting their event for many
years on Port Orchard Boulevard and Bay Street.
Recommendation: Staff recommends approving the public event application.
Motion for consideration: I move to approve the public event application for the Fathoms O’
Fun Grand Parade to be held on Saturday, June 27, 2009, for use of a portion of the City’s right-
of-way.
Alternatives: Deny the application or approve with conditions.
Attachments: Application
Fire Department Comments
Port Orchard Police Department Comments
Finance Department Comments
Public Works Department Comments
Planning Department Comments
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4F Meeting Date: April 28, 2009
Subject: Approval of Carnival: Paradise Prepared by: Patti Kirkpatrick, CMC
Amusements City Clerk
Atty Routing No: NA
Atty Review Date: NA
Summary: Each year several organizations request permission to close certain City streets;
request the use of City parking lots; or use City Parks. Paradise Amusements has submitted their
application for an annual Carnival to be held in the South Kitsap Mall parking lot beginning on
Thursday, May 7, 2009 and ending Sunday, May 10, 2009. Although the carnival is on private
property, Port Orchard Municipal Code (POMC) 5.32.060 requires Council approval of the
event. Paradise Amusements has paid all required fees and has complied with the City’s
insurance requirements.
This Carnival is not a new event; they have been hosting their event for many years in the South
Kitsap Mall parking lot.
Recommendation: Staff recommends approving the Carnival application.
Motion for consideration: I move to approve the Carnival application for Paradise Amusements
to be held in the South Kitsap Mall parking lot beginning Thursday, May 7, 2009 and ending
Sunday, May 10, 2009.
Alternatives: Deny the application or approve with conditions.
Attachments: Carnival Application
Introduced by: City Clerk
Requested by: City Clerk
Drafted by: City Clerk
Introduced: April 28, 2009
Adopted:
RESOLUTION NO. 031-09
A RESOLUTION OF THE CITY OF PORT
ORCHARD, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE CONTRACT EXTENSION
WITH SOUND LAW CENTER, LLC FOR
HEARING EXAMINER
WHEREAS, on March 12, 2008 the City entered into a professional services
agreement with Mr. Ted Hunter of Sound Law Center, LLC for Hearing Examiner
services for the period April 1, 2008 through March 31, 2009; and
WHEREAS, Mr. Hunter and the City have agreed to extend the contract for
another year and to provide for automatic annual renewal for the next five years; and
WHEREAS, Section 6 of the contract provides that the hearing examiner
serves at the will of the Mayor and may be removed from the position upon written notice
with or without cause; and further that either party may terminate the agreement with
30-days written notice to the other party; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The Mayor is authorized to execute a contract amendment in
the form attached hereto as Exhibit A and incorporated by this
reference.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 28th day of April 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
Introduced by: City Clerk
Requested by: City Clerk
Drafted by: City Clerk
Introduced: April 28, 2009
Adopted:
RESOLUTION NO. 031-09
A RESOLUTION OF THE CITY OF PORT
ORCHARD, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE CONTRACT EXTENSION
WITH SOUND LAW CENTER, LLC FOR
HEARING EXAMINER
WHEREAS, on March 12, 2008 the City entered into a professional services
agreement with Mr. Ted Hunter of Sound Law Center, LLC for Hearing Examiner
services for the period April 1, 2008 through March 31, 2009; and
WHEREAS, Mr. Hunter and the City have agreed to extend the contract for
another year and to provide for automatic annual renewal for the next five years; and
WHEREAS, Section 6 of the contract provides that the hearing examiner
serves at the will of the Mayor and may be removed from the position upon written notice
with or without cause; and further that either party may terminate the agreement with
30-days written notice to the other party; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The Mayor is authorized to execute a contract amendment in
the form attached hereto as Exhibit A and incorporated by this
reference.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 28th day of April 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
Amendment of Contract –Hearing Examiner Page 1
Sound Law Center, LLC
AMENDMENT OF CONTRACT
COPO Contract No. C030-09
This Amendment of Contract is made by and between the City of Port Orchard,
(the “City”) and Sound Law Center, LLC (the “Contractor”).
Whereas, On March 12, 2008, the City entered into a professional services
agreement with Mr. Ted Hunter of Sound Law Center, LLC for Hearings Examiner
services for the period April 1, 2008 through March 31, 2009; and
Whereas, The parties have agreed that Mr. Hunter will continue as the City’s Hearings
Examiner through March 31, 2010 and that unless otherwise terminated, the contract
shall automatically renew through March 31 2014; now, therefore,
It is agreed:
1. Contractor hereby agrees to perform the services and fulfill the duties of the
office of the Hearing Examiner for the City of Port Orchard.
2. The Contractor hereby agrees to the hourly rate of the Hearing Examiner of
$175.
3. The parties hereby agree the contract will expire on March 31, 2010; provided
unless otherwise terminated, the contract shall automatically renew for four additional
annual terms through March 31, 2014.
4. Except as otherwise provided herein all of the terms and conditions of the
professional services agreement dated March 12, 2008 shall remain in full force and
effect.
Dated this 28th day of April 2009.
City of Port Orchard: ATTEST:
_____________________________
Lary Coppola, Mayor Patricia J. Kirkpatrick, CMC, City Clerk
Sound Law Center, LLC
Print Name:
Title:
Amendment of Contract –Hearing Examiner Page 1
Sound Law Center, LLC
AMENDMENT OF CONTRACT
COPO Contract No. C030-09
This Amendment of Contract is made by and between the City of Port Orchard,
(the “City”) and Sound Law Center, LLC (the “Contractor”).
Whereas, On March 12, 2008, the City entered into a professional services
agreement with Mr. Ted Hunter of Sound Law Center, LLC for Hearings Examiner
services.; and
Whereas, The contract was for one-year and Mr. Hunter has agreed to continue
as the City’s Hearings Examiner for another year, with five one-year annual renewals,
now, therefore,
It is agreed:
1. Contractor hereby agrees to perform the services and fulfill those duties of
the office of the Hearing Examiner for the City of Port Orchard.
2. The Contractor hereby agrees to the hourly rate of the Hearings Examiner
of $175.
3. The parties hereby agree the contract will expire on March 31, 2010 with
an annual renewal for the next five years.
Dated this 28th day of April 2009.
City of Port Orchard: ATTEST:
_____________________________
Lary Coppola, Mayor Patricia J. Kirkpatrick, CMC, City Clerk
Sound Law Center, LLC
Print Name: Ted Hunter
Title: Managing Partner
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4G Meeting Date: April 28, 2009
Subject: Adoption of Resolution No. 031-09, Prepared by: Patti Kirkpatrick, CMC
Authorizing the Mayor to Execute City Clerk
Contract Extension with Sound Law Atty Routing No: NA
Center, LLC For Hearing Examiner Atty Review Date: NA
Summary: On March 12, 2008, the City entered into a professional services agreement with Mr.
Ted Hunter of Sound Law Center, LLC for Hearings Examiner services. The contract was for
one-year and Mr. Hunter has agreed to continue as the City’s Hearings Examiner for another
year and asked for annual renewal for the next five years. Section 6. Termination of Agreement,
states; a Contractor shall serve at the will of the Mayor and may be removed from the position
upon written notice with or without cause; b. either party may terminate this Agreement with
30-days written notice to the other party.
Recommendation: Staff recommends the Council authorize the Mayor to execute the contract
extension with Sound Law Center, LLC for Hearing Examiner services.
Motion for consideration: I move to authorize the Mayor to execute a one-year contract
extension with Sound Law Center, LLC for hearings examiner services to expire March 31, 2010.
Fiscal Impact: None
Attachments: Resolution No. 031-09
Contract Extension
Introduced by: Public Works Director
Requested by: Public Works Director
Drafted by: Public Works Director
Introduced: April 28, 2009
Adopted:
RESOLUTION NO. 040-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, SUPPORTING THE TREMONT
STREET WIDENING/GATEWAY PROJECT
WHEREAS, on April 2, 2009, the Kitsap Regional Coordinating Council
(KRCC) requested a letter of project support for the Tremont Street Widening/Gateway
Project as part of the 2011-2013 Federal Funding Cycle application process; and
WHEREAS, at its April 21, 2009, Work Study Session, the Council voiced their
support for the Tremont Street Widening/Gateway Project; and
WHEREAS, the City Council directed staff to prepare a resolution to seek
project funding as part of the 2011-2013 Federal Funding Cycle Application Process,
now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: the City Council fully supports the Tremont Street
Widening/Gateway Project and seeks funding through the Kitsap
Regional Coordinating Council as part of the 2011-2013 Federal
funding cycle application process.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 28th day of April 2009.
LARY COPPOLA, MAYOR
ATTEST:
Patricia J. Kirkpatrick, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4H Meeting Date: April 28, 2009
Subject Adoption of Resolution No. 040-09, Prepared by: Mark Dorsey, P.E.
Supporting Tremont Street Widening Public Works Director
Gateway Project Atty Routing No: NA
Atty Review Date: NA
Summary: As discussed at the April 21, 2009, work study session, the Kitsap Regional
Coordinating Council (KRCC) is requesting a letter of project support for the Tremont Street
Widening/Gateway Project from the Port Orchard City Council, as a required part of the 2001-
2013 Federal Funding Cycle Application for the PSRC Countywide Project selection process.
The City of Port Orchard has established 100% completion of the Tremont Street
Widening/Gateway Plans, Specifications and Estimate (PS&E), Right-of-Way Plan approval
and acquisition of needed Right-of-Way as the Achievable Milestones for 2009/2010. This
plan of action will establish the project as “shovel ready” for future Economic Stimulus and/or
other Federal Funding Grant opportunities.
Recommendation: Staff recommends that the City Council adopt Resolution No. 040-09,
which supports the Tremont Street Widening/Gateway Project in order to stand ready to
obtain federal grant funding through the Kitsap Regional Coordinating Council.
Motion for consideration: I move to adopt Resolution No. 040-09, supporting the Tremont
Street Widening/Gateway Project and seeks funding through the Kitsap Regional Coordinating
Council as part of the 2011-2013 federal funding cycle application process.
Fiscal Impact: None
Alternatives: None
Attachments: Resolution No. 040-09
KRCC Countywide Project Application
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: April 28, 2009
Adopted:
RESOLUTION NO. 041-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, SUPPORTING THE GRANT
APPLICATIONS FOR THE BLACKJACK CREEK
WILDERNESS TRAIL AND AUTHORIZING THE MAYOR
TO EXECUTE THE GRANT APPLICATIONS
WHEREAS, under the provisions of RTP, state funding assistance is requested
to aid in financing the cost of a facility development, maintenance, or educational
project; and
WHEREAS, our organization considers it in the best public interest to complete
the project described in the application; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
1. The Mayor be authorized to make formal application to the Recreation
and Conservation Office for funding assistance; and
2. Any fund assistance received be used for implementation of the project
referenced above; and
3. Our organization hereby certifies that its share of project funding is
committed and will be derived from the Cumulative Reserve for
Municipal Facilities; and
4. We acknowledge that we are responsible for supporting all non-cash
commitments to this project should they not materialize; and
5. We are aware that the grant, if approved, will be paid on a
reimbursement basis, which means the City may only request payment
after eligible and allowable costs have already been paid and remitted to
our vendors; and
6. We acknowledge that any property acquired or facility developed with
financial aid from the Recreation and Conservation Funding Board
(RCFB) must be placed in use for the funded purpose, and be retained in
such use in perpetuity unless otherwise provided and agreed to by our
organization and RCFB; and
7. This resolution becomes part of the formal application to the Recreation
and Conservation Office; and
8. We provided appropriate opportunity for public comment on this
application;
Resolution No. 041-09
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 28th day of April 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4I Meeting Date: April 28, 2009
Subject: Adoption of Resolution No. 041-09, Prepared by: James Weaver
Supporting the Grant Applications Development Director
For The Blackjack Creek Wilderness Atty Routing No: NA
Trail and Authorizing the Mayor to Atty Review Date: NA
Execute the Grant Applications
Summary: At the April 21, 2009, work study session, staff briefly discussed granting
opportunities for the Blackjack Creek Wilderness Trail. In requesting Federal and State funding
for trails through the Land and Water Conservation Fund and National Recreational Trails
Program, the City Council is required to adopt a resolution supporting its grant funding request,
which will be submitted as part of the application to the Recreation and Conservation Office.
Recommendation: Staff recommends the Council adopt Resolution No. 041-09, supporting the
grant application(s) for the Blackjack Creek Wilderness Trail.
Motion for consideration: I move to adopt Resolution No. 041-09, supporting the grant
applications for the Blackjack Creek Wilderness Trail through the Land and Water Conservation
Fund and the National Recreation Trails Program and authorizing the Mayor to execute the
grant applications.
Alternatives: Not secure grant funding and provide direction to staff.
Attachments: Resolution No. 041-09
April 21, 2009 Memo RE: Grant Opportunities
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: April 28, 2009
Adopted:
RESOLUTION NO. 042-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, SUPPORTING THE GRANT APPLICATION
FOR THE BOATING FACILITIES PROGRAM FOR THE CITY
BOAT LAUNCH AND DEKALB PIER AND AUTHORIZING
THE MAYOR TO EXECUTE THE GRANT APPLICATION
WHEREAS, our organization has approved a comprehensive plan that included
this project area; and
WHEREAS, under the provisions of BFP, state funding assistance is requested
to aid in funding the cost of planning, land acquisition, and/or facility development; and
WHEREAS, our organization considers it in the best public interest to complete
the planning, land acquisition, and/or facility development project described in the
application; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
1. The Mayor be authorized to make formal application to the Recreation and
Conservation Office for funding assistance; and
2. Any fund assistance received be used for implementation of the project referenced
above; and
3. Our organization hereby certifies that its share of project funding is committed and
will be derived from Cumulative Reserve for Municipal Facilities; and
4. We acknowledge that we are responsible for supporting all non-cash commitments
to this project should they not materialize; and
5. We are aware that the grant, if approved, will be paid on a reimbursement basis,
which means the City may only request payment after eligible and allowable costs
have already been paid and remitted to our vendors; and
6. We acknowledge that any property acquired or facility developed with financial aid
from the Recreation and Conservation Funding Board (RCFB) must be placed in
use for the funded purpose, and be retained in such use in perpetuity unless
otherwise provided and agreed to by our organization and RCFB; and
7. This resolution becomes part of a formal application to the Recreation and
Conservation Office;
8. We provided appropriate opportunity for public comment on this application.
Resolution No. 042-09
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 28th day of April 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4J Meeting Date: April 28, 2009
Subject: Adoption of Resolution No. 042-09, Prepared by: James Weaver
Supporting the Grant Application for Development Director
The Boating Facilities Program for Atty Routing No: NA
The City Boat Launch and DeKalb Atty Review Date: NA
Pier and Authorizing the Mayor to
Execute the Grant Application
Summary: At the April 21, 2009, work study session, staff briefly discussed granting
opportunities to repair and upgrade the City’s boat launch and DeKalb Pier. In requesting
Federal and State funding for trails through the Boating Facilities Program, the Recreation and
Conservation Office requires the City Council to adopt a resolution supporting its grant
application, which will be submitted as part of application process to the Recreation and
Conservation Office.
Recommendation: Staff recommends adoption of Resolution No. 042-09, supporting the grant
applications through the Boating Facilities Program for the City boat launch and DeKalb Pier
projects and authorizing the Mayor to execute the grant application.
Motion for consideration: I move to adopt Resolution No. 042-09, supporting the grant
applications through the Boating Facilities Program for the City boat launch and DeKalb Pier
projects and authorize the Mayor to execute the grant application.
Alternatives: Not secure grant funding and provide direction to staff.
Attachments: Resolution No. 042-09
April 21, 2009 Memo RE: Grant Opportunities
CITY OF PORT ORCHARD
Office of the Mayor
CITY HALL • 216 Prospect Street, Port Orchard, WA 98366
Voice: (360) 876-4409 • Fax: (360) 895-9029
lcoppola@cityofportorchard.us
www.cityofportorchard.us
September 4, 2020
Ms. Nancy Honsey
South Kitsap Fire & Rescue
1974 Fircrest Drive SE
Port Orchard, WA 98366
RE: Waiver for Banner Display
Dear Ms. Honsey,
At its April 28, 2009, meeting, the City Council approved a request from the Cedar Cove
Association seeking permission to display their event banner during the week of June 9, 2009.
Based on Resolution No. 1797, the City hereby requests the South Kitsap Fire & Rescue to
allow the Cedar Cove Association to display their Cedar Cove Days event banner during the
week of June 9, 2009.
Should you have any questions or require anything further, please feel free to contact my office.
Sincerely,
CITY OF PORT ORCHARD
Lary Coppola
Mayor
LFC:pjk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4K Meeting Date: April 28, 2009
Subject Authorizing the Mayor to Execute Prepared by: Patti Kirkpatrick, CMC
Letter Granting Waiver to Display City Clerk
Banner for Cedar Cove Days the Atty Routing No: NA
Week of June 9, 2009 Atty Review Date: NA
Summary: Resolution No. 1797 sets the guidelines for banner display on Bay Street, and states
that a nonprofit organization shall be limited to installation of two (2) banners in a calendar
year. Exceptions are granted by the City Council. At its April 21, 2009, work study session, the
Council directed the Mayor to draft a letter granting a waiver for display of a banner for the
Cedar Cove Days event during the week of June 9, 2009.
Recommendation: Staff recommends that the City Council authorize the Mayor to write a letter
granting a waiver to allow Cedar Cove Days to display a banner promoting that event during
the week of June 9, 2009.
Motion for consideration: I move to authorize the Mayor to write a letter granting a waiver to
allow Cedar Cove Days banner to be displayed during the week of June 9, 2009.
Fiscal Impact: None
Alternatives: None
Attachments: Draft Letter
PROCLAMATION
WHEREAS, the City of Port Orchard has always honored the sacrifice of the
men and women in the Armed Forces; and
WHEREAS, the Silver Star Families of America was formed to make sure we
remember the blood sacrifice of our wounded and ill by designing and manufacturing a
Silver Star Banner and Flag; and
WHEREAS, to date the Silver Star Families of America has freely given
thousands of Silver Star Banners to the wounded and their families; and
WHEREAS, the members of the Silver Star Families of America have worked
tirelessly to provide the wounded of this City and Country with Silver Star Banners,
Flags and care packages; and
WHEREAS, the Silver Star Families of America's sole mission is that every time
someone sees a Silver Star Banner in a window or a Silver Star Flag flying, that people
remember the sacrificed for this City, State and Nation; and
NOW, THEREFORE, I, Lary Coppola, Mayor of the City of Port Orchard,
hereby proclaim my appreciation of the Silver Star Families of America and designate
May 1, 2009 as
SILVER STAR BANNER DAY
in the City of Port Orchard and I call upon all employees and citizens of the City of Port
Orchard to observe this day with appropriate recognition whereof.
Signed the 28th day of April 2009
_________________________
Lary Coppola, Mayor
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Public Hearing 6A Meeting Date: April 28, 2009
Subject: Canceled: Public Hearing on Prepared by: James Weaver
Ordinance No. 010-09, Amending Development Director
Port Orchard Municipal Code Title Atty Routing No: NA
16, Land Use Regulations Atty Review Date: NA
Summary: The City Planning Department made an error in noticing the Public Hearing date
regarding the update to Port Orchard Municipal Code Title 16, Land Use Regulations. The
Public Hearing, as noticed, is canceled and will be re-noticed for a future meeting, as determined
by City Council.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Public Hearing 6B Meeting Date: April 28, 2009
Subject: Public Hearing: Ordinance No. 011-09, Prepared by: James Weaver
Regarding Annexation of McCormick Development Director
Woods Atty Routing No: NA
Atty Review Date: NA
Summary: Property owners within McCormick Woods and The Ridge, Et. Al., submitted a Petition for
Annexation on March 18, 2009, to annex 871 parcels totaling approximately 1,297 acres contiguous to the
City limits. The parcels are located in the vicinity of Sections 9, 17, and 8 of Township 23 North, Range 1
East. The parcels lie to the North and South of Old Clifton Road, to the west of Highway 16/Sedgwick
Road interchange. Most of the parcels have a County Comprehensive Plan designation of Urban Low-
Density Residential, with minor areas designated Urban Medium/High-density residential, Urban Low-
intensity Commercial/Mixed Use, and Urban Industrial. The County zoning designation is primarily
Urban Low Residential (McCormick Woods), and Urban Cluster Residential (The Ridge). Both
designations permit 4 – 9 Dwelling Units per acre. The proposed annexation land is contiguous to
property within the City of Port Orchard which is zoned Residential 8 and has a Port Orchard
Comprehensive Plan designation of Residential Medium Density.
The Notice of Intent to Petition for Annexation was submitted to and reviewed by the City Council at a
regularly scheduled meeting held on May 13, 2008. The Council voted to accept the Notice of Intent and
directed the applicant to proceed with the Petition request. The applicants submitted the formal Petition
for Annexation on March 18, 2009.
RCW 35.13.178 requires the Council to hold two public hearings before adopting pre-annexation
comprehensive plan and zoning designations. This is the second hearing for the City Council to approve
the annexation request.
RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become
effective upon annexation of any area which might reasonably be expected to be annexed by the City at
any future time.
The Planning Commission held a Public Meeting on April 20, 2009, and voted to recommend for the
Annexation of McCormick Woods, The Ridge, Et. Al. The Planning Department made an error in noticing
the Public Hearing date, which should have been set for the May 12, 2009, Council meeting.
Staff requests the Mayor open the public hearing and announce that the public
hearing will be continued to the May 12, 2009, regular meeting.
2009 Adopted
Budget
Adjustments
Incr/(Decr) Amended Budget Comments
401.5.501.38.40 Other Services & Charges 916,500.00 3,500.00 920,000.00 Pump addl 16 Septic Tanks at MW
401.8.291.74.00 Est Beginning Fund Bal 492,500.00 3,500.00 496,000.00 Pump addl 16 Septic Tanks at MW
-
401.5.594.38.64 Capital Outlays-Equipment 176,500.00 125,500.00 302,000.00 Replace Dump Truck
401.8.291.74.00 Est Beginning Fund Bal 496,000.00 125,500.00 621,500.00 Replace Dump Truck
-
401.0.397.00.00 Operating Transfers-in 1,060,000.00 20,500.00 1,080,500.00 BCH Sewer Study for Sedgwick/Sidney Basin(SW Comp Plan)
401.5.501.38.40 Other Services & Charges 920,000.00 20,500.00 940,500.00 BCH Sewer Study for Sedgwick/Sidney Basin(SW Comp Plan)
403.8.291.74.00 Beg Unres Fund Balance 2,350,000.00 20,500.00 2,370,500.00 BCH Sewer Study for Sedgwick/Sidney Basin(SW Comp Plan)
403.6.597.00.00 Operating Transfers-out 1,060,000.00 20,500.00 1,080,500.00 BCH Sewer Study for Sedgwick/Sidney Basin(SW Comp Plan)
101.0.397.00.00 Operating Transfers -In 50,000.00 14,000.00 64,000.00 Replace snow plow
101.5.594.66.64 Capital Outlays-Equipment - 14,000.00 14,000.00 Replace snow plow
303.9.287.02.00 Designated Unreserved Fund Balance-Street 118,470.00 (14,000.00) 104,470.00 Replace snow plow
303.6.597.00.00 Operating Transfers -Out 33,500.00 14,000.00 47,500.00 Replace snow plow
-
101.0.397.00.00 Operating Transfers -In 64,000.00 5,000.00 69,000.00 Reimb St for Storm Drainage phone Survey
101.9.291.84.00 Street-Estimated ending unreserved fund balance - 5,000.00 5,000.00 Reimb St for Storm Drainage phone Survey
421.5.542.40.40 Storm Water-Other Services & Charges 124,500.00 (5,000.00) 119,500.00 Reimb St for Storm Drainage phone Survey
421.5.597.00.00 Operating Transfers -Out - 5,000.00 5,000.00 Reimb St for Storm Drainage phone Survey
101.0.395.10.00 Sale of Fixed Assets - 92,000.00 92,000.00 Sidney Rd-Mist Ventures St Vacation
101.9.291.84.00 Street-Estimated ending unreserved fund balance 5,000.00 46,000.00 51,000.00 50% of Sidney Rd-Mist Ventures St Vacation
101.5.597.00.00 Operating Transfers -out - 46,000.00 46,000.00 50% of Sidney Rd-Mist Ventures St Vacation
001.0.397.00.00 Operating Transfers -In 226,500.00 46,000.00 272,500.00 50% of Sidney Rd-Mist Ventures St Vacation
001.8.287.01.00 Designated Unreserved -Parks 67,288.00 46,000.00 113,288.00 50% of Sidney Rd-Mist Ventures St Vacation
-
101.5.542.64.40 Traffic Control-Other Services & Charges 63,000.00 15,000.00 78,000.00 Tremont Turn Lane
101.9.291.84.00 Street-Estimated ending unreserved fund balance 51,000.00 (15,000.00) 36,000.00 Tremont Turn Lane
-
001.0.397.00.00 Operating Transfers -In 272,500.00 10,000.00 282,500.00 Address HVAC Issues
001.5.518.30.48 Custodial/Janitorial/Security Svs-Repairs & Maintenance 28,970.00 10,000.00 38,970.00 Address HVAC Issues
302.9.291.84.00 Estimated Ending Unreserved Fund Balance 1,613,287.00 (10,000.00) 1,603,287.00 Address HVAC Issues
302.6.597.00.00 Operating Transfers -out 306,713.00 10,000.00 316,713.00 Address HVAC Issues
-
403.5.581.10.00 Water-Sewer Cumulative Reserve-Loans Issued - 100,000.00 100,000.00 Interfund Loan from 403 to 421
403.0.381.20.00 Water-Sewer Cumulative Reserve-Loan Repayment - 100,000.00 100,000.00 Repay Interfund Loan
001.0.381.10.00 Current Expense Fund-Loan Received - 200,000.00 200,000.00 Interfund Loan from 302 to 001
001.6.581.20.00 Current Expense Fund-Loan Repaid - 200,000.00 200,000.00 Repay Interfund Loan
302.6.581.10.00 Cumulative Reserve for Municipal Facilities-Loans Issued - 200,000.00 200,000.00 Interfund Loan from 302 to 001
302.0.381.20.00 Cumulative Reserve for Municipal Facilities-Loan Repayment - 200,000.00 200,000.00 Repay Interfund Loan
-
107.6.573.10.41 Community Events Fund-Professional Services 93,000.00 13,500.00 106,500.00 Addl funding (Chamber=$5000, Concerts on the
Bay=$5000, City=$3000 & Pt of Brem $500)
Budget Adjustments and Appropriations
Ordinance No. 012-09
Exhibit A
107.8.291.74.00 Estimated Beginning Unreserved Fund Balance - 13,500.00 13,500.00 Addl funding (Chamber=$5000, Concerts on the
Bay=$5000, City=$3000 & Pt of Brem $500)
Introduced by: City Treasurer
Requested by: City Treasurer
Drafted by: City Treasurer
Introduced: April 28, 2009
Adopted:
ORDINANCE NO. 012-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON AMENDING THE BUDGET FOR THE
YEAR 2009, ORDERING APPROPRIATION OF
FUNDS FOR CERTAIN REVENUES AND
EXPENDITURES NOT ANTICIPATED AT THE TIME
OF PASSAGE OF THE 2009 BUDGET
WHEREAS, the City of Port Orchard adopted its 2009 Budget in
Ordinance No. 043-08; and
WHEREAS, the City desires to keep current on budget amendments and it
is necessary from time to time to make adjustments to accounts and/or funds by means of
appropriation adjustments that could not have been anticipated at the time of passage of
the 2009 Budget, as provided for in RCW 35.33.091; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That the 2009 Budget be amended to reflect the revenue and
appropriation adjustments set forth in Exhibit A attached.
Section 2. That the total adjustments to each fund are as follows:
(a) Current Expense Fund (001): $256,000.
(b) Street Fund (101): $111,000.
(c) Community Events Fund (107): $13,500.
(d) Cumulative Reserve for Municipal Facilities Fund (302): $200,000
(e) Cumulative Reserve for Equipment Fund (303): $.00
(f) Water-Sewer Fund (401): $149,500
Ordinance No. 012-09
Page 2 of 2
(g) Water-Sewer Cumulative Reserve Fund (403): $120,500
(h) Storm Drainage Utility Fund (421): $.00
Total Funds $850,500
Section 3. 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 and signed by the
Mayor and attested by the Clerk in authentication of such passage this 12th day of May,
2009.
ATTEST: Lary Coppola, Mayor
Patricia J. Kirkpatrick, City Clerk
APPROVED AS TO FORM: Sponsored By:
Gregory A. Jacoby, City Attorney John Clauson, Councilmember
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7A Meeting Date: April 28, 2009
Subject: First Reading of Ordinance No. 012-09, Prepared by: Kris Tompkins
Amending the 2009 Budget City Treasurer
Atty Routing No: 085-09
Atty Review Date: April 23, 2009
Summary: Since the City needs to keep current on budget amendments and the City Council has
taken action to authorize certain expenditures, it is necessary to amend the 2009 Budget. This is
the first reading of Ordinance No. 012-09.
Here is a review of the Council’s prior action:
The City Council approved a Storm Drainage phone survey in 2008, which was paid out of the
Street budget and it is the Council’s desire for the Storm Drainage Utility to reimburse the Street
Fund. ($5,000)
The City Council authorized on December 23, 2008 an inter-fund loan for the Storm Drainage
Utility Fund from the Water-Sewer Cumulative Reserve Fund. ($100,000)
The City experienced severe winter weather in December 2008, a dump truck ($125,500) and snow
plow ($14,000) failed and on January 13th and February 10th the City Council approved
purchasing new equipment.
The City received proposals higher than budgeted to pump 133 septic tanks in McCormick Woods
to keep up with annual maintenance and on February 10th the Council authorized 117 tanks to be
pumped and stated it was their desire to have an additional 16 tanks pumped. ($3,500)
The City Council on February 24th approved the street vacation of Sidney Road-Mist Ventures
($92,000) and authorized 50% of the fee ($46,000) to go into the Designated Unreserved Fund
Balance for Parks.
The City Lodging Tax Advisory Committee recommended on March 11th and the City Council
authorized on March 24th additional funding allocations be distributed as follows: $5,000 to
Chamber of Commerce, $5,000 to Concerts by the Bay, $3,000 to City of Port Orchard and $500 to
Port of Bremerton. ($13,500)
The City Council on March 24th authorized a change order for additional work on the sewer
comprehensive plan amendment to include the Sedgwick and Sidney Basin. ($20,500)
Amending 2009 Budget
Page 2 of 2
2
The City Council on March 24th authorized Public Works to have a turn lane designed and installed
on Tremont Avenue for turns into the Tremont Medical Complex. ($15,000)
The City needs to address the defects in the HVAC system and the Finance Committee directed on
March 30th to move forward with providing a budget amendment, for Council consideration, for
the repairs to be completed. ($10,000)
The City finds it necessary to authorize on April 28th an inter-fund loan for the Current Expense
Fund from the Cumulative Reserve for Municipal Facilities Fund to temporarily cover expenses
until revenues are received. ($200,000)
Recommendation: It is recommended that the 2009 Budget be amended.
Motion for consideration: I move to direct staff to place Ordinance No. 012-09 amending the
2009 Budget on the May 12, 2009 Council consent agenda for action.
Fiscal Impact: The total 2009 Budget was approved for $24,806,313. This is an increase of
$850,500 for a new total 2009 Budget of $25,656,813
Attachments: Draft Ordinance No. 012-09
Exhibit A
____________________________________________________________________
City of Port Orchard Page 1 of 6
Identity Theft Prevention Program
IDENTITY THEFT PREVENTION PROGRAM
I. PROGRAM ADOPTION
The City of Port Orchard developed this Identity Theft Prevention Program
("Program") pursuant to the Federal Trade Commission's Red Flags Rule (“Rule”),
which implements Sections 114 and 315 of the Fair and Accurate Credit Transactions
Act of 2003. This Program was developed with the oversight and approval of the City
Council and the City Treasurer. After consideration of the size and complexity of the
City’s operations and account systems, and the nature and scope of the City's activities,
the City Council determined that this Program was appropriate for the City, and
therefore approved this Program by the adoption of Resolution No. 000-09 on the 28th
day of April, 2009.
II. PROGRAM PURPOSE AND DEFINITIONS
A. Fulfilling requirements of the Red Flags Rule
Under the Red Flags Rule, every financial institution and creditor is required to
establish an Identity Theft Prevention Program tailored to its size, complexity and the
nature of its operation. The Program must contain reasonable policies and procedures
to:
1. Identify relevant Red Flags as defined in the Rule and this Program for new
and existing covered accounts and incorporate those Red Flags into the
Program;
2. Detect Red Flags that have been incorporated into the Program;
3. Respond appropriately to any Red Flags that are detected to prevent and
mitigate identity theft; and
4. Update the Program periodically to reflect changes in risks to customers or to
the safety and soundness of the City from identity theft.
B. Red Flags Rule definitions used in this Program
For the purposes of this Program, the following definitions apply:
1. Account. "Account" means a continuing relationship established by a person
with a creditor to obtain a product or service for personal, family, household
or business purposes.
2. Covered Account. A “covered account” means:
a. Any account the City of Port Orchard offers or maintains primarily for
personal, family or household purposes, that involves multiple payments
or transactions; and
b. Any other account the City of Port Orchard offers or maintains for which
there is a reasonably foreseeable risk to customers or to the safety and
soundness of the City of Port Orchard from identity theft.
____________________________________________________________________
City of Port Orchard Page 2 of 6
Identity Theft Prevention Program
3. Creditor. "Creditor" has the same meaning as defined in Section 702 of the
Equal Credit Opportunity Act, 15 U.S.C. 1691a, and includes a person or
entity that arranges for the extension, renewal or continuation of credit,
including the City of Port Orchard.
4. Customer. A "customer" means a person or business entity that has a covered
account with the City of Port Orchard.
5. Financial Institution. “Financial Institution” means a state or national bank, a
state or federal savings and loan association, a mutual savings bank, a state or
federal credit union, or any other entity that holds a “transaction account”
belonging to a customer.
6. Identifying Information. “Identifying information” means any name or
number that may be used, alone or in conjunction with any other information,
to identify a specific person, including name, address, telephone number,
date of birth, government issued driver’s license or identification number,
alien registration number, government passport number, employer or taxpayer
identification number or unique electronic identification number.
7. Identity Theft. "Identity Theft" means fraud committed using the identifying
information of another person.
8. Program Administrator. The Program Administrator will be the City
Treasurer.
9. Red Flag. A “Red Flag” means a pattern, practice, or specific activity that
indicates the possible existence of identity theft.
10. Service Provider. "Service Provider" means a person or business entity that
provides a service directly to the City of Port Orchard relating to or
connection with a covered account.
III. IDENTIFICATION OF RED FLAGS.
In order to identify relevant Red Flags, the City of Port Orchard shall review and
consider the types of covered accounts that it offers and maintains, the methods it
provides to open covered accounts, the methods it provides to access its covered
accounts, and its previous experiences with identity theft. The City of Port Orchard
identifies the following Red Flags, in each of the listed categories:
Suspicious Documents
Red Flags
1. Identification document or card that appears to be forged, altered or
inauthentic;
2. Identification document or card on which a person’s photograph or physical
description is not consistent with the person presenting the document;
____________________________________________________________________
City of Port Orchard Page 3 of 6
Identity Theft Prevention Program
3. Other documents with information that is not consistent with existing
customer information (such as a person’s signature on a check appears
forged); and
4. Application for service that appears to have been altered or forged.
B. Suspicious Personal Identifying Information
Red Flags
1. Identifying information presented that is inconsistent with other information
the customer provides (such as inconsistent birth dates);
2. Identifying information presented that is inconsistent with other sources of
information (for instance, an address not matching an address on a driver's
license);
3. Identifying information presented that is the same as information shown on
other applications that were found to be fraudulent;
4. Identifying information presented that is consistent with fraudulent activity
(such as an invalid phone number or fictitious billing address);
5. An address or phone number presented that is the same as that of another
person;
6. Failing to provide complete personal identifying information on an
application when reminded to do so; and
7. Identifying information which is not consistent with the information that is on
file for the customer.
C. Suspicious Account Activity or Unusual Use of Account
Red Flags
1. Change of address for an account followed by a request to change the account
holder's name;
2. Payments stop on an otherwise consistently up-to-date account;
3. Account used in a way that is not consistent with prior use (such as very high
activity);
4. Mail sent to the account holder is repeatedly returned as undeliverable;
5. Notice to the City of Port Orchard that a customer is not receiving mail sent
by the City of Port Orchard;
6. Notice to the City of Port Orchard that an account has unauthorized activity;
7. Breach in the City of Port Orchard's computer system security; and
8. Unauthorized access to or use of customer account information.
D. Alerts from Others
Red Flag
1. Notice to the City of Port Orchard from a customer, a victim of identity theft,
a law enforcement authority or other person that it has opened or is
maintaining a fraudulent account for a person engaged in identity theft.
____________________________________________________________________
City of Port Orchard Page 4 of 6
Identity Theft Prevention Program
A. DETECTING RED FLAGS.
A. New Accounts
In order to detect any of the Red Flags identified above associated with the
opening of a new account, City of Port Orchard personnel will take the following steps
to obtain and verify the identity of the person opening the account:
Detect Red Flags
1. Require certain identifying information such as name, date of birth,
residential or business address, principal place of business for an entity,
driver's license or other identification;
2. Verify the customer's identity (for instance, review a driver's license or other
identification card);
3. Review documentation showing the existence of a business entity; and
4. Independently contact the customer.
B. Existing Accounts
In order to detect any of the Red Flags identified above for an existing account,
City of Port Orchard personnel will take the following steps to monitor transactions
with an account:
Detect Red Flags
1. Verify the identification of customers if they request information (in person,
via telephone, via facsimile, via email); and
2. Verify the validity of requests to change billing addresses.
B. PREVENTING AND MITIGATING IDENTITY THEFT
In the event City of Port Orchard personnel detect any identified Red Flags, such
personnel shall take one or more of the following steps, depending on the degree of risk
posed by the Red Flag:
Prevent and Mitigate Identity Theft
1. Monitor a covered account for evidence of identity theft;
2. Contact the customer with the covered account;
3. Change any passwords or other security codes and devices that permit access
to a covered account;
4. Not open a new covered account;
5. Close an existing covered account;
6. Reopen a covered account with a new number;
7. Notify the Program Administrator for determination of the appropriate step(s)
to take;
8. Notify law enforcement; or
____________________________________________________________________
City of Port Orchard Page 5 of 6
Identity Theft Prevention Program
9. Determine that no response is warranted under the particular circumstances.
Protect Customer Identifying Information
In order to further prevent the likelihood of identity theft occurring with respect
to City of Port Orchard accounts, the City of Port Orchard shall take the following steps
with respect to its internal operating procedures to protect customer identifying
information:
1. Secure the City of Port Orchard website but provide clear notice that the
website is not secure;
2. Undertake complete and secure destruction of paper documents and computer
files containing customer information;
3. Make office computers password protected and provide that computer screens
lock after a set period of time;
4. Keep offices clear of papers containing customer identifying information;
5. Maintain computer virus protection up to date; and
6. Require and keep only the kinds of customer information that are necessary
for City of Port Orchard purposes.
C. PROGRAM UPDATES
The Program will be periodically reviewed and updated to reflect changes in
risks to customers and to the safety and soundness of the City of Port Orchard from
identity theft. The Program Administrator shall at least annually consider the City of
Port Orchard's experiences with identity theft, changes in identity theft methods,
changes in identity theft detection and prevention methods, changes in types of accounts
the City of Port Orchard maintains and changes in the City of Port Orchard's business
arrangements with other entities and service providers. After considering these factors,
the Program Administrator shall determine whether changes to the Program, including
the listing of Red Flags, are warranted. If warranted, the Program Administrator shall
present recommended changes to the City Council for review and consideration.
VII. PROGRAM ADMINISTRATION.
A. Oversight
The City Treasurer shall be responsible for developing, implementing and
updating the Program.
The City Treasurer shall be responsible for the Program administration, for
appropriate training of City of Port Orchard staff on the Program, for reviewing any
staff reports regarding the detection of Red Flags and the steps for preventing and
mitigating identity theft, determining which steps of prevention and mitigation should
be taken in particular circumstances and considering periodic changes to the Program.
B. Staff Training and Reports
City of Port Orchard staff responsible for implementing the Program shall be
trained either by or under the direction of the Program Administrator in the detection of
Red Flags, and the responsive steps to be taken when a Red Flag is detected.
____________________________________________________________________
City of Port Orchard Page 6 of 6
Identity Theft Prevention Program
C. Service Provider Arrangements
In the event the City of Port Orchard engages a service provider to perform an
activity in connection with one or more covered accounts, the City of Port Orchard shall
take the following steps to require that the service provider performs its activity in
accordance with reasonable policies and procedures designed to detect, prevent, and
mitigate the risk of identity theft.
1. Require, by contract, that service providers acknowledge receipt and review of
the Program and agree to perform its activities with respect to City of Port
Orchard covered accounts in compliance with the terms and conditions of the
Program and with all instructions and directives issued by the Program
Administrator relative to the Program; or
2. Require, by contract, that service providers acknowledge receipt and review of
the Program and agree to perform its activities with respect to City of Port
Orchard covered accounts in compliance with the terms and conditions of the
service provider's identity theft prevention program and will take appropriate
action to prevent and mitigate identity theft; and that the service providers agree
to report promptly to the City of Port Orchard in writing if the service provider in
connection with a City of Port Orchard covered account detects an incident of
actual or attempted identity theft or is unable to resolve one or more Red Flags
that the service provider detects in connection with a covered account.
D. Customer Identifying Information and Public Disclosure
The identifying information of City of Port Orchard customers with covered
accounts shall be kept confidential and shall be exempt from public disclosure to the
maximum extent authorized by law, including RCW 42.56.230(4). The City Council
also finds and determines that public disclosure of the City of Port Orchard's specific
practices to identity, detect, prevent and mitigate identify theft may compromise the
effectiveness of such practices and hereby directs that, under the Program, knowledge of
such specific practices shall be limited to the Program Administrator, and those City of
Port Orchard employees and service providers who need to be aware of such practices
for the purpose of preventing identity theft.
Introduced by: City Treasurer
Requested by: City Treasurer
Drafted by: City Treasurer
Introduced: April 28, 2009
Adopted:
RESOLUTION NO. 043-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON AUTHORIZING THE MAYOR TO EXECUTE
FOR IDENTITY THEFT PREVENTION PROGRAM - RED FLAG
RULE
WHEREAS, the Fair and Accurate Credit Transactions Act of 2003, Pub. L. 108-159 (“Red
Flags Rule”) requires certain financial institutions and creditors with “covered accounts’ to prepare,
adopt and implement an identity theft prevention program to identify, detect, respond to and
mitigate patterns, practices or specific activities which could indicate identity theft; and
WHEREAS, the City of Port Orchard operates water, sewer and storm drainage utilities and
maintains certain continuing accounts with utility service customers and such accounts are “covered
accounts’ within the meaning of the Red Flags Rule; and
WHEREAS, the Port Orchard Municipal Court maintains continuing accounts which
involve multiple payments or transactions and such accounts are “covered accounts” within the
meaning of the Red Flags Rule; and
WHEREAS, in order to comply with the Red Flags Rule, City staff have prepared an Identity
Theft Prevention Program to aid in the detection, prevention and mitigation of identity theft in
connection with the opening of a covered account or an existing covered account; now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY
RESOLVE THE FOLLOWING:
THAT: The Identity Theft Prevention Program attached as Exhibit A is
hereby approved and adopted by the City Council of the City of Port
Orchard and City staff are directed to implement the Program in
accordance with its terms.
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 28th day of April 2009.
Lary Coppola, Mayor
ATTEST:
____________________________
Patricia J. Kirkpatrick, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7B Meeting Date: April 28, 2009
Subject: Adoption of Resolution No. 043-09, Prepared by: Kris Tompkins
Authorizing the Mayor to Execute for City Treasurer
Identity Theft Prevention Program – Atty Routing No: 083-09
Red Flag Rule Atty Review Date: April 23, 2009
Summary: The Federal Trade Commission issued regulations requiring financial institutions and
creditors to develop and implement written identity theft prevention programs by May 1, 2009,
under the Fair and Accurate Credit Transaction Act of 2003 (FACTA). Municipal utilities are
subject to these requirements and cities that operate utilities must adopt programs that meet the
requirement of FACTA. This is also referred to as the “Red Flag Rule”. A “Red Flag’’ is a pattern,
practice or specific activity that indicates the possible existence of identity theft.
At this time the City does not require or keep customers’ social security numbers or any banking
information. At any time in the future if this information is required, our Identity Theft
Prevention Program will need to be updated.
Recommendation: It is staff’s recommendation that the Council adopt Resolution No. 043-09
approving an Identity Theft Prevention Program shown in Exhibit A for the City of Port Orchard
in order to be compliant with federal law by May 1, 2009.
Motion for consideration: I move to adopt Resolution No. 043-09 approving and adopting an
Identity Theft Prevention Program.
Fiscal Impact: None
Alternatives: Make changes to the program or not adopt an Identity Theft Prevention Program
and be out of compliance with federal law.
Attachments: Resolution No. 043-09
Exhibit A - Identity Theft Prevention Program.
Introduced by: City Treasurer
Requested by: City Treasurer
Drafted by: City Treasurer
Introduced: April 28, 2009
Adopted:
RESOLUTION NO. 044-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE CITY
TREASURER TO MAKE AN INTER-FUND LOAN
TRANSFER BETWEEN THE CUMULATIVE RESERVE
FOR MUNICIPAL FACILITIES FUND AND THE
CURRENT EXPENSE FUND
WHEREAS, on December 9, 2008, the City Council adopted Ordinance No. 043-08
adopting the 2009 Budget; and
WHEREAS, on April 20, 2009 the Department of Revenue contacted the City regarding
sales tax revenue adjustments that will reduce the City’s sales tax distribution at the end of April;
and
WHEREAS, the City receives a large share of its property tax revenues in May and
November; and
WHEREAS, the City’s cash flow between expenditures and revenue collections is not
consistent; and
WHEREAS, the City needs up to $200,000 from the Cumulative Reserve for Municipal
Facilities Fund for the purpose of temporarily covering expenses in the Current Expense Fund;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY
RESOLVE AS FOLLOWS:
THAT: The City Treasurer is hereby authorized to make an inter-fund loan
transfer up to $200,000.00 from the Cumulative Reserve for Municipal
Facilities Fund to the Current Expense Fund for the purpose of providing for
the April expenditures pending receipt of property tax revenue in May,
provided the entire loan amount is repaid with interest at the rate of .85
percent per annum.
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 28th day of April 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7C Meeting Date: April 23, 2009
Subject: Adoption of Resolution No. 044-09 Prepared by: Kris Tompkins
Authorizing an Inter-fund Loan City Treasurer
Between the Cumulative Reserve Atty Routing No: 084-09
for Municipal Facilities and the Atty Review Date: April 23, 2009
Current Expense Fund
Summary: In 2009 because of the current economic environment the City of Port Orchard has
been experiencing declining revenues. Our Current Expense Fund’s two largest revenue sources
are sales tax and property tax. On April 20 the Department of Revenue (DOR) contacted the
City regarding some sales tax adjustments that will reduce the City’s share of sales tax
distribution at the end of April. Property tax payments are primarily made twice a year, with the
City receiving its largest share in May and November. With the adjustment being taken by DOR
from our April sales tax we have a gap in our cash flow. There is a need to execute a temporary
inter-fund loan of up to $200,000 to the Current Expense Fund until property tax revenues are
received in May. There is money not obligated in the Cumulative Reserve for Municipal
Facilities Fund that may be used for a temporary loan. There must be a reasonable rate of
interest paid to the lending fund and the amount of .85% is set off the current earnings of the
Washington State Investment Pool where the lending fund is currently invested.
Recommendation: Adoption of Resolution No. 044-09 authorizing an inter-fund loan transfer
from the Cumulative Reserve for Municipal Facilities Fund to the Current Expense Fund.
Motion for consideration: I move to adopt Resolution No. 044-09 authorizing the City
Treasurer to make an inter-fund loan transfer from the Cumulative Reserve for Municipal
Facilities Fund to the Current Expense Fund in an amount not to exceed $200,000, without
additional Council authorization.
Fiscal Impact: In order to have the Current Expense Fund in the black at the end of April, this
inter-fund loan is necessary. Repayment of the loan will occur when property tax revenues are
received in May, with .85% interest per annum.
Attachments: Resolution No. 044-09
Introduced by: Public Works Director
Requested by: Public Works Director
Drafted by: Public Works Director
Introduced: April 28, 2009
Adopted:
RESOLUTION NO. 045-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE CONTRACT N.L. OLSON & ASSOCIATES,
INC. FOR BAY STREET SEAWALL FINAL DESIGN
WHEREAS, on March 12, 2009, the Public Works Department interviewed by
phone, three (3) firms selected from the 2009 Public Works Professional Services Roster
and unanimously selected N.L. Olson & Associates, Inc. for the 2009 Bay Street Seawall
Plans, Specifications and Estimate (PS&E)and Permitting; and
WHEREAS, on March 20, 2009, the Washington State Department of
Transportation Local Agency approved the City’s selection; and
WHEREAS, on March 27, 2009, the City of Port Orchard Public Works
Department met with N.L. Olson & Associates, Inc. to define the scope of services; and
WHEREAS, N.L. Olson & associates, Inc. submitted a Proposal in an amount
not to exceed $50,700; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council authorizes the Mayor to execute a contract
(Exhibit A incorporated herein by reference) with N.L. Olson &
Associates, Inc. for the 2009 Bay Street Wall PS&E and Permitting in
an amount not to exceed $50,700.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 28th day of April 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7D Meeting Date: April 28, 2009
Subject Adoption of Resolution No. 045-09, Prepared by: Mark Dorsey, P.E.
Authorizing the Mayor to Execute Public Works Director
Contract with N.L. Olson & Associates Atty Routing No: NA
for Bay Street Seawall Final Design Atty Review Date: NA
Summary: On March 12, 2009, the Public Works Department interviewed by phone three (3)
selected consultants from the 2009 Consultant Roster for the preparation of the 2009 Bay Street
Seawall Plans, Specifications and Estimate (PS&E) and Permitting. The firms interviewed were
Parametrix, HDR, Inc. and N.L. Olson & Associates, Inc. The Committee unanimously selected
N.L. Olson & Associates, Inc. On March 20, 2009, WSDOT Local Agencies approved the City’s
selection. On March 27, 2007, Public Works staff met with N.L. Olson & Associates, Inc. staff to
define the project scope.
Recommendation: Staff recommends that the City Council authorize the Mayor to execute a
contract with N.L. Olson & Associates, Inc. in an amount of $49,700 plus $1,000 Reimbursable
Expenses for an amount not to exceed $50,700 for the 2009 Bay Street Seawall Plans,
Specifications and Estimate (PS&E) and Permitting.
Motion for consideration: I move to authorize the Mayor to execute a contract with N.L. Olson &
Associates, Inc. in an amount not to exceed $50,700, from Arterial Street Fund, for the 2009 Bay
Street Seawall Plans, Specifications and Estimate (PS&E) and Permitting.
Fiscal Impact: Budgeted item for 2009; Arterial Street Fund.
Alternatives: None
Attachments: Resolution No. 045-09
Contract
Exhibit A – N.L. Olson & Associates, Inc. Proposal (dated 4/16/2009)
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CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
COPO CONTRACT NO. C032-09
THIS Agreement is made effective as of the 28th day of April 2009, by and between
CITY OF PORT ORCHARD, WASHINGTON (“CITY”)
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Lary Coppola Phone: 360.876.4407 Fax: 360.895.9029
and
Road Runner, Inc. (“CONSULTANT”)
10611 Canyon Road East, Suite #122
Puyallup, WA 98373
Contact: Eben Erickson Phone: 253.535.5153 Fax: 253.535.6608
Tax Id No. 91-1950514
for professional services in connection with the following Project:
Tremont Medical Re-channelization
TERMS AND CONDITIONS
1. Services by Consultant
A. Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Attachments "A." The services performed by the Consultant shall not exceed
the Scope of Work without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be
agreed to by the parties and incorporated in written amendments to the Agreement.
2. Schedule of Work
A. Consultant shall perform the services described in the scope of work in accordance with the
Schedule attached to this contract as Attachments “A.” If delays beyond Consultant's
reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
B. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed.
3. Terms. This Agreement shall commence on May 1, 2009 (“Commencement Date”) and shall
terminate June 14, 2009 unless extended or terminated in writing as provided herein.
2 of 6
4. Compensation
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $7,602.00 without written authorization.
5. Payment
A. Consultant shall maintain time and expense records and provide them to the City monthly,
along with monthly invoices in a format acceptable to the City for work performed to the date
of the invoice.
B. All invoices shall be paid by City warrant within sixty (60) days of receipt of a proper
invoice.
C. Consultant shall keep cost records and accounts pertaining to this Agreement available for
inspection by City representatives for three (3) years after final payment unless a longer
period is required by a third-party agreement. Copies shall be made available on request.
D. If the services rendered do not meet the requirements of the Agreement, Consultant will
correct or modify the work to comply with the Agreement. City may withhold payment for
such work until the work meets the requirements of the Agreement.
6. Discrimination and Compliance with Laws
A. Consultant agrees not to discriminate against any employee or applicant for employment or
any other person in the performance of this Agreement because of race, creed, color, national
origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state,
or local law or ordinance, except for a bona fide occupational qualification.
B. Consultant shall comply with all federal, state, and local laws and ordinances applicable to
the work to be done under this Agreement.
C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written
Notice to Proceed.
D. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by City, in whole or in part, and
may result in ineligibility for further work for City.
7. Suspension and Termination of Agreement
A. This Agreement may be terminated by the City at any time upon the default of the Consultant
or upon public convenience, in which event all finished or unfinished documents, reports, or
other material or work of Consultant pursuant to this Agreement shall be submitted to City,
and Consultant shall be entitled to just and equitable compensation for any satisfactory work
completed prior to the date of termination, not to exceed the total compensation set forth
herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead.
Consultant shall not in any event be entitled to anticipated profit on work not performed
because of such termination. Consultant shall use its best efforts to minimize the
compensation payable under this Agreement in the event of such termination. If the
Agreement is terminated for default, the Consultant shall not be entitled to receive any further
3 of 6
payments under the Agreement until all work called for has been fully performed. Any extra
cost or damage to the City resulting from such default(s) shall be deducted from any money
due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred
by the City in completing the work, including all increased costs for completing the work,
and all damage sustained, or which may be sustained by the City by reason of such default.
B. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice
to Consultant. Such notice shall indicate the anticipated period of suspension. Any
reimbursement for expenses incurred due to the suspension shall be limited to the
Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall
resume performance of services under this Agreement without delay when the suspension
period ends
8. Standard of Care
Consultant represents and warrants that it has the requisite training, skill and experience
necessary to provide the services under this agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by Consultant
under this agreement will be performed in a manner consistent with that degree of care and skill
ordinarily exercised by members of the same profession currently practicing in similar
circumstances.
9. Ownership of Work Product
All data materials, reports, memoranda, and other documents developed under this Agreement
whether finished or not shall become the property of City, shall be forwarded to City at its request
and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph
6 above, all finished or unfinished documents, reports, or other material or work of Consultant
pursuant to this Agreement shall be submitted to City. City agrees that if it uses products
prepared by Consultant for purposes other than those intended in this Agreement, it does so at its
sole risk and it agrees to hold Consultant harmless therefore.
10. Indemnification/Hold Harmless
Consultant shall defend, indemnify and hold the City, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or resulting from the acts, errors or omissions of the Consultant, its agents,
employees, or sub consultants in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City. This indemnification and hold harmless shall apply
regardless of whether the claim is brought pursuant to the Worker’s Compensation Act, RCW
Title 51, or otherwise, and the Consultant waives any immunity whatsoever with respect to such
indemnification.
11. Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
4 of 6
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00
01 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant’s Commercial General Liability insurance policy with respect to the work
performed for the City.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The Consultant’s insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant’s insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
5 of 6
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
12. Assigning or Subcontracting
Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests
accruing from this Agreement without the express prior written consent of the City, which
consent may be withheld in the sole discretion of the City.
13. Independent Contractor
Consultant is and shall be at all times during the term of this Agreement an independent
contractor.
14. Notice
Any notices required to be given by the City to Consultant or by Consultant to the City shall be in
writing and delivered to the parties at the following addresses:
Lary Coppola
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
Eben Erickson
Road Runner, Inc.
10611 Canyon Road East, Suite #122
Puyallup, WA 98373
Phone: 253.535.5153
Fax: 253.535.6608
15. Disputes
Any action for claims arising out of or relating to this Agreement shall be governed by the laws of
the State of Washington. Venue shall be in Kitsap County Superior Court.
16. Attorneys Fees
In any suit or action instituted to enforce any right granted in this Agreement, the substantially
prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney’s
fees from the other party.
17. Extent of Agreement/Modification
This Agreement, together with attachments or addenda, represents the entire and integrated
Agreement between the parties hereto and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Agreement may be amended, modified or added to only
by written instrument properly signed by both parties.
6 of 6
CITY OF PORT ORCHARD,
WASHINGTON
By: _______________________________
Lary Coppola
Mayor
Date: ___________________
Attest:
By: _______________________________
Patricia J. Kirkpatrick, CMC
City Clerk
CONSULTANT
By: _______________________________
Name: _______________________________
Title: _______________________________
Date: ___________________
Introduced by: Public Works Director
Requested by: Public Works Director
Drafted by: Public Works Director
Introduced: April 28, 2009
Adopted:
RESOLUTION NO. 046-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE CONTRACT WITH ROAD RUNNER
STRIPING, INC FOR THE TREMONT MEDICAL
RECHANNELIZATION
WHEREAS, on March 25, 2009, the City of Port Orchard selected three (3)
contractors from the City’s 2009 Small Works Roster and requested cost proposals for
the Tremont Medical Rechannelization; and
WHEREAS, on April 7, 2009, the City of Port Orchard Public Works
Department received cost proposal(s) from Stripe Rite, Inc., Apply-A-Line and Road
Runner Striping; and
WHEREAS, Road Runner, Inc. was determined to be the lowest qualified
bidder, submitting a proposal of $7,602, including tax; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council authorizes the Mayor to execute a contract
(Exhibit A incorporated herein by reference) with Road Runner, Inc.
for the Tremont Medical Rechannelization in an amount not to exceed
$7,602 from Arterial Street Fund.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 28th day of April 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7E Meeting Date: April 28, 2009
Subject Adoption of Resolution No. 046-09, Prepared by: Mark Dorsey, P.E.
Authorizing the Mayor to Execute Public Works Director
Contract with Road Runner Striping, Atty Routing No: NA
Inc. for the Tremont Medical Atty Review Date: NA
Rechannelization
Summary: On December 23, 2008, the City Council authorized the Mayor to execute a contract
with N.L. Olson & Associates, Inc. for the Tremont Medical Complex Left Turn Lane design.
On March 25, 2009, the City of Port Orchard Public Works Department selected three (3)
contractors from the 2009 Small Works Roster and requested cost proposals from each
company for the Tremont Medical Rechannelization. On April 7, 2009, Stripe Rite, Apply-A-
Line, and Road Runner Striping submitted bids as follows:
Stripe Rite, Inc. $12,839.24 incl. tax
Apply-A-Line $ 8,215.59 incl. tax
Runner Striping $ 7,602.00 incl. tax
Upon review by staff, it was determined that Road Runner, Inc. was the lowest qualified bidder
with a bid of $7,602, including tax.
Recommendation: Staff recommends that the City Council authorize the Mayor to execute a
contract with Road Runner, Inc. in an amount not to exceed $7,602, including tax for the
Tremont Medical Rechannelization.
Motion for consideration: I move to authorize the Mayor to execute a contract with Road
Runner, Inc. in an amount not to exceed $7,602, including tax, from Arterial Street Fund, for
the Tremont Medical Rechannelization.
Fiscal Impact: 2009 Budget; Arterial Street Fund (SEPA Condition)
Alternatives: None
Attachments: Resolution No. 046-09
Contract
Exhibit A – Road Runner, Inc. Proposal (dated 4/7/2009)
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7F Meeting Date: April 28, 2009
Subject: Approval of Public Event: Fathoms Prepared by: Patti Kirkpatrick, CMC
O’ Fun Summer Festival Craft/ City Clerk
Vendor Show Atty Routing No: NA
Atty Review Date: NA
Summary: Each year several organizations request permission to close certain City streets;
request the use of City parking lots; or use City Parks. The Fathoms O’ Fun Festival Inc. has
submitted their application for the annual Fathoms O’ Fun Summer Festival/Craft Show public
event to be held on Thursday, June 25, 2009 and ending Sunday June 28, 2009, using the City’s
Port Orchard Waterfront. City Departments, as well as the Fire Department, have reviewed the
application and have submitted their recommendations and/or comments.
This Public Event Application is a new event; they have not been granted permission to host
their event on the City waterfront previously.
Recommendation: Staff recommends approving the public event application.
Motion for consideration: I move to approve the public event application for the Fathoms O’
Fun Summer Festival/Craft Show to be held on Thursday, June 25, 2009 and ending Sunday,
June 28, 2009, for use of a portion of the City’s waterfront.
Alternatives: Deny the application or approve with conditions.
Attachments: Application
Fire Department Comments
Port Orchard Police Department Comments
Finance Department Comments
Public Works Department Comments
Planning Department Comments
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7G Meeting Date: April 28, 2009
Subject: Grant Application: Prepared by: Al Townsend
Byrne Justice Assistance Police Chief
Atty Routing No: NA
Atty Review Date: NA
Summary: The Port Orchard Police Department is applying for a federal Byrne Justice
Assistance grant for $47,554 that will be allocated for the purchase of a hybrid police vehicle,
backfill of 5 hours per week for the court security officer, police bicycles, and computers and
equipment for a southwest substation. This federal grant requires that the grant be presented at
a public meeting of the city council to allow public notice and input.
Recommendation: No action is required by the council except to allow the presentation so the
grant can be submitted in accordance with federal regulations.
Fiscal Impact: If we are awarded the grant, it will be for $47,554 and will be used as indicated
above.
Alternatives: Not approve the grant
Attachments: None
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required
Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office, 360.876.4407
Meetings are broadcast on BKAT ~ visit www.bkat.org for broadcast dates and times
April 28, 2009, Meeting Agenda Page 1 of 2
CITY OF PORT ORCHARD
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
City Council Meeting Agenda
April 28, 2009
7:00 p.m.
1. CALL TO ORDER
A. Pledge of Allegiance
2. CITIZENS COMMENTS
Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor,
please state your name and address for the official record (please complete the sign-in sheet located in the hallway).
3. APPROVAL OF AGENDA
4. CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been distributed to each
Councilmember for reading and study. Consent Agenda items are not considered separately unless a
Councilmember so requests. In the event of such a request, the item is returned to Business Items.)
A. Approval of Claim Warrants
B. Approval of the April 14, 2009, Council Meeting Minutes
C. Setting Meeting for Work Study Session to May 19, 2009, at 7:00 p.m. at City Hall
(Kirkpatrick)
D. Approval of Public Event: Kitsap Mustang Club (Kirkpatrick)
E. Approval of Public Event: Fathoms O’ Fun Grand Parade (Kirkpatrick)
F. Approval of Carnival: Paradise Amusements (Kirkpatrick)
G. Adoption of Resolution No. 031-09, Authorizing the Mayor to Execute Contract Extension with
Sound Law Center, LLC for Hearing Examiner (Kirkpatrick)
H. Adoption of Resolution No. 040-09, Supporting Federal Grant Funding for Tremont
Widening/Gateway Project (Dorsey)
I. Adoption of Resolution No. 041-09, Supporting the Grant Applications for the Blackjack Creek
Wilderness Trail and Authorizing the Mayor to Execute the Grant Applications (Weaver)
J. Adoption of Resolution No. 042-09, Supporting the Grant Application for the Boating
Facilities Program for the City Boat Launch and DeKalb Pier and Authorizing the Mayor to
Execute the Grant Application (Weaver)
K. Authorizing the Mayor to Execute Letter Granting Waiver to Display Banner for Cedar Cove
Days the Week of June 9, 2009 (Kirkpatrick)
5. PRESENTATION
Proclamation: Silver Star Banner Day
6. PUBLIC HEARING
A. Canceled: Public Hearing on Ordinance No. 010-09, Amending Port Orchard Municipal Code
Title 16, Land Use Regulations (Weaver)
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required
Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office, 360.876.4407
Meetings are broadcast on BKAT ~ visit www.bkat.org for broadcast dates and times
April 28, 2009, Meeting Agenda Page 2 of 2
B. Public Hearing: Ordinance No. o11-09, Regarding Annexation of McCormick Woods (Weaver)
7. BUSINESS ITEMS
A. First Reading of Ordinance No. 012-09, Amending the 2009 Budget (Tompkins)
B. Adoption of Resolution No. 043-09, Authorizing the Mayor to Execute for Identity Theft
Prevention Program - Red Flag Rule (Tompkins)
C. Adoption of Resolution No. 044-09, Authorizing an Inter-Fund Loan Between the Cumulative
Reserve for Municipal Fact and the Current Expense Fund (Tompkins)
D. Adoption of Resolution No. 045-09, Authorizing the Mayor to Execute Contract with N.L.
Olson & Associates for Bay Street Seawall Final Design (Dorsey)
E. Adoption of Resolution No. 046-09, Authorizing the Mayor to Execute Contract with Road
Runner Striping, Inc. for the Tremont Medical Rechannelization (Dorsey)
F. Approval of Public Event: Fathoms O’ Fun Summer Festival Craft/Vendor Show (Kirkpatrick)
G. Grant Application: Byrne Justice Assistance (Townsend)
8. REPORTS OF COUNCIL COMMITTEES
9. REPORT OF MAYOR
10. REPORT OF DEPARTMENT HEADS
11. CITIZEN COMMENTS
(Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor,
please state your name and address for the official record. It is asked that you do not speak on the same matter
twice.)
12. 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.
13. ADJOURNMENT
COMMITTEE MEETINGS Date & Time Location
Finance Committee May 22, 2009
7:30 a.m.
Mhyre’s
Tourism Committee
May 13, 2009
2:00 p.m.
City Hall
Utilities Committee
Sewer Advisory Committee (SAC)
May 15, 2009
7:30 a.m.
May 20, 2009
6:30 p.m.
Mhyre’s
S.K.W.R.F.
Public Property Committee T.B.D.
Work Study Session May 19, 2009
7:00 p.m.
City Hall
City of Port Orchard
Council Meeting Minutes
Regular Meeting of April 14, 2009
7:00 P.M. CALL TO ORDER AND ROLL CALL
PRESENT: Lary Coppola, Mayor
Councilmembers: Mayor Pro-Tem Powers, Clauson, Chang, Childs, Colebank,
Olin, and Putaansuu
ALSO PRESENT: Police Chief Townsend, Public Works Director Dorsey, City Clerk
Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby.
PLEDGE OF ALLEGIANCE
Amy Schroder, Mrs. Port Orchard, led the audience and Council in the Pledge of Allegiance.
CITIZEN COMMENT
Jim Durham, representative for Knights of Pythias Cemetery, requested to be exempted
from paying the storm drainage utility rates, explaining they are a nonprofit organization
with no funding available to pay the fees. Public Works Director Dorsey directed Mr.
Durham to fill out the rate variance form requesting a rate reduction; and the Council
directed the matter be remanded to the Utility Committee for further discussion.
Amy Schroder, Mrs. Port Orchard, invited the Mayor and Council to participate in the Mrs.
Washington Pageant by signing a petition in support of Music for Education and donating
$1, which is part of the Pageants’ efforts to raise 1,000 signatures for $1,000.
APPROVAL OF AGENDA
Councilmember Putaansuu moved and Councilmember Colebank seconded
the motion to amend the agenda by moving Consent Items 4B and 4H to
Business Items. Upon vote, the motion to amend passed unanimously.
APPROVAL OF CONSENT AGENDA
Councilmember Clauson moved and Councilmember Olin seconded the
motion approving the Consent Agenda as amended. Upon vote, the motion
passed unanimously.
A. Approval of Claim Warrants# 51439 through #51552 in the amount of $295,013.86;
March Payroll Warrants #142204 through #142263 in the amount of $444,643.97;
and Treasurer’s check book in the amount of $1,100,925.03.
B. Approval of the March 17, 2009, Work Study Session Minutes
C. Approval of the March 24, 2009, Council Meeting Minutes
D. Approval of Public Event Application: Port Orchard Farmers Market
E. Approval of Public Event Application: Seagull Calling Festival and Wings Cook-off
F. Adoption of Resolution No. 028-09, Authorizing the Mayor to Execute Contract
Extension with the Doctors Clinic for CDL/DOT Exam and Certificates
Minutes of April 14, 2009
Page 2 of 7
G. Adoption of Resolution No. 029-09, Ratification of Mayor’s Signature on the 2008
Annual Report and Delegating the Authorized Representative to the Assistant City
Engineer
H. Adoption of Resolution No. 030-09, Authorizing the Mayor to Execute Change Order
No. 2 with Perteet for the Transportation Element Update
I. Adoption of Resolution No. 032-09, Authorizing the Mayor to Execute Grant
Agreement with Washington Auto Theft Prevention Authority for Automatic License
Plate Recognition Funding
J. Adoption of Resolution No. 033-09, Authorizing the Mayor to Execute Modification
No. 1 to Agreement with Battelle Memorial Institute Pacific NW Division for
Homeland Security Nuclear Training
PUBLIC HEARINGS
No Public Hearings were held.
PRESENTATION
Proclamation: Autism Awareness
Mayor Coppola presented the proclamation to Sherry Charlot, who thanked the Council for
their continued support.
Proclamation: Mayor for Moses Lake
City Clerk Kirkpatrick announced the proclamation would be presented at the May 12,
2009, Council meeting.
NEW BUSINESS
Approval of Public Event Application: Kitsap Harbor Festival
City Clerk Kirkpatrick presented the staff report, noting each year several organizations
request permission to close certain City streets, to use City parking lots, and/or use City
Parks. The Bremerton Main Stream Association has submitted their application for the
Kitsap Harbor Festival public event to be held May 22, 2009 and May 25, 2009, of which a
portion is on the City’s waterfront. City departments, as well as the Fire Department, have
reviewed the application and have submitted their recommendations and/or comments.
Staff recommends approving the public event application.
In response to Councilmember Chang; Brian Sauer explained Lot No. 4 is adjacent to the
Peninsula Feed store and is the same location the Rock-Around-the-Block event has
previously been held.
Councilmember Powers moved and Councilmember Colebank seconded the
motion to approve the Public Event application for the Kitsap Harbor Festival
public event between May 22, 2009 and May 25, 2009, which a portion is on
the City’s waterfront. Upon vote, the motion passed unanimously.
Minutes of April 14, 2009
Page 3 of 7
Adoption of Resolution No. 034-09, Authorizing the Mayor to Execute
Contract with Shea, Carr, and Jewel Inc. for Bethel Roundabout Pre-Design
Study
Public Works Director Dorsey presented the staff report, noting on March 4, 2009, three
(3) consultants were selected from the 2009 Consultant Roster and were interviewed by
phone for the preparation of a Pre-Design Study for the Bethel Roundabout. This was
requested by the Council in conjunction with the Hi-Joy Bowl parking lot lease discussions.
The firms interviewed were Perteet; David Evans & Associates, Inc; and Shea, Carr &
Jewell, Inc. The interview committee unanimously selected Shea, Carr & Jewell, Inc. and
on March 27, 2009, Public Works staff met with Shea, Carr & Jewell, Inc. to define the
project scope. Staff recommends that the Council authorize the Mayor to execute a contract
with Shea, Carr & Jewell, Inc. in an amount not to exceed $5,782 for the Bethel
Roundabout Pre-Design Study.
In response to Councilmember Chang, City Attorney Jacoby stated this is a good faith
agreement and, if the study determines that the City will not need the extra right-of-way,
then the City will sell the unneeded piece to Hi-Joy Bowl who will then reimburse the City
the cost to perform the study.
Councilmember Putaansuu moved and Councilmember Clauson seconded the
motion to authorize the Mayor to execute a contract with Shea, Carr, and
Jewell, Inc. in an amount not to exceed $5,782 for the Bethel Roundabout Pre-
Design Study. Upon vote, the motion passed unanimously.
Adoption of Resolution No. 035-09, Authorizing the Mayor to Execute Contract
with Robinson Noble Saltbush, Inc. for Well No. 11 Hydrogeologic Services
Public Works Director Dorsey presented the staff report, noting as a requirement of the
Well No. 11 Water Right (located at Mitchell Point), the Department of Ecology required
reconstruction of existing Well Nos. 1, 2, 3 and 4B located within the McCormick Well Field
into the deeper, below sea level aquifer (Well No. 4B has already been completed). On
March 5, 2009, the Utility Committee interviewed (3) selected consultants from the 2009
Consultants Roster for the reconstruction of Well No. 11 (formerly Well No. 5) to replace
Well Nos. 1 thru 3. The firms interviewed were GeoEngineer, Robinson Noble Saltbush,
Inc., and HDR. The Committee unanimously selected Robinson Noble Saltbush, Inc. and
on March 19, 2009, Public Works staff met with Doug Dow of Robinson Noble Saltbush,
Inc. to define the project scope. Staff recommends the City Council authorize the Mayor to
execute a contract with Robinson Noble Saltbush, Inc. in an amount not to exceed $53,000
for the Well No. 11 Hydrogeologic Services.
Councilmember Olin moved and Councilmember Clauson seconded the
motion to authorize the Mayor to execute a contract with Robinson Noble
Minutes of April 14, 2009
Page 4 of 7
Saltbush, Inc. in an amount not to exceed $53,000 for the Well No. 11
Hydrogeologic Services. Upon vote, the motion passed unanimously.
Adoption of Resolution No. 036-09, Authorizing the Mayor to Execute
Contract with Pace Engineers Inc. for Well No. 10 Pre-Design Report
Public Works Director Dorsey presented the staff report, noting on March 11, 2009, the
Utility Committee interviewed (3) selected consultants from the 2009 Consultant Roster for
the preparation of a Pre-Design Report as needed for the continuation of the Well No. 10
project site located at Mitchell Point. The firms interviewed were Parametrix; AHBL; and
Pace Engineers, Inc. The Utility Committee unanimously selected Pace Engineers, Inc. and
on March 20, 2009, Public Works staff met with Pace Engineers, Inc. to define the project
scope. Staff recommends that the City Council authorize the Mayor to execute a contract
with Pace Engineers, Inc. in an amount not to exceed $135,000 for the Well No. 10 Pre-
Design Report, which is a budgeted item.
In response to Councilmember Chang, Public Works Director Dorsey explained this is a
pre-design report for one of the City’s largest capital facilities projects.
Councilmember Olin moved and Councilmember Chang seconded the motion
to authorize the Mayor to execute a contract with Pace Engineers, Inc. in an
amount not to exceed $135,000 for Well No. 10 Pre-Design Report. Upon vote,
the motion passed unanimously.
Adoption of Resolution No. 037-09, Authorizing the Mayor to Execute Contract
with AES Consultants, Inc. for Survey Services on Cara Creek Storm
Maintenance Easement
Public Works Director Dorsey presented the staff report, noting the existing Cara Creek
storm drainage culvert, located under SW Old Clifton Road, is inaccessible for routine
maintenance unless an access & utility maintenance easement is provided for over the
property owned by Swan Investments LLC. AES Consultants, Inc. was selected from the
City’s 2009 Professional Services Roster to provide the professional survey services
including but not limited to preparation of legal description, exhibit and conveyance
document as needed to prepare and record the storm drainage access & utility maintenance
easement. Staff recommends that the City Council authorize the Mayor to execute a
contract with AES Consultants, Inc. in an amount not to exceed $1,000.00 for the
preparation of a storm drainage access & utility maintenance easement for the Cara Creek
Culvert.
Councilmember Childs moved and Councilmember Colebank seconded the
motion to authorize the Mayor to execute a contract with AES Consultants,
Minutes of April 14, 2009
Page 5 of 7
Inc. in an amount not to exceed $1,000 for the preparation of a storm drainage
access and utility maintenance easement for the Cara Creek Culvert. Upon
vote, the motion passed unanimously.
Adoption of Resolution No. 038-09, Authorizing the Mayor to Execute
Contract with Progressive Landscapes LLC for 2009 Parks Maintenance
Service
Public Works Director Dorsey presented the staff report, noting the City of Port Orchard
Public Works Department requested and received cost proposals from four (4) local
companies for the 2009 Parks Maintenance Services, with the scope of work including the
Roundabout, the Port Orchard Marina Lot Nos. 1 and 2, the Waterfront Lot Nos. 3 and 4,
Etta Turner Park, and the 213/215 Prospect Rentals. The Small Works Roster was not
utilized since landscaping and building/grounds maintenance contracts are “services” that
do not need to follow “public work” bid rules. Bids submitted were as follows:
Progressive Landscapes LLC $15,117.12 incl. tax
Team Innovative Services, Inc. $15,204.00 incl. tax
Full Throttle Landscaping $16,561.50 incl. tax
Kitsap Outdoor, Inc. $16,651.80 incl. tax
Upon review by staff, it was determined that Progressive Landscapes LLC was the lowest
qualified bidder with a bid of $15,117.12 (including tax). Staff recommends that the City
Council authorize the Mayor to execute a contract with Progressive Landscapes LLC in an
amount not to exceed $15,117.12 for the 2009 Parks Maintenance Services.
Councilmember Powers moved and Councilmember Colebank seconded the
motion to authorize the Mayor to execute a contract with Progressive
Landscapes LLC in an amount not to exceed $15,117.12 for the 2009 Parks
Maintenance Services. Upon vote, the motion passed unanimously.
Adoption of Resolution No. 039-09, Authorizing the Mayor to Execute
Contract with Stripe Rite, Inc. for 2009 Thermoplastic Application
Public Works Director Dorsey presented the staff report, noting on March 16, 2009, the
City of Port Orchard Public Works Department selected three (3) contractors from the 2009
Small Works Roster and requested proposals from each company for 2009 Thermoplastic
Applications. On March 25, 2009, Stripe Rite; Apply-A-Line; and Road Runner Striping
submitted bids as follows:
Stripe Rite, Inc. $12,960.06 incl. tax
Apply-A-Line $14,633.85 incl. tax
Road Runner Striping $15,476.86 incl. tax
Upon review by staff, it was determined that Stripe Rite, Inc. was the lowest qualified
bidder in the amount of $12,960.06 (including tax). Staff recommends that the City Council
Minutes of April 14, 2009
Page 6 of 7
authorize the Mayor to execute a contract with Stripe Rite, Inc. in an amount not to exceed
$13,000 for the 2009 Thermoplastic Applications.
Councilmember Chang moved and Councilmember Childs seconded the
motion to authorize the Mayor to execute a contract with Stripe Rite, Inc. in an
amount not to exceed $13,000 for the 2009 Thermoplastic Applications. Upon
vote, the motion passed unanimously.
Minutes of the March 17, 2009, Work Study Session Meeting
Councilmember Putaansuu moved and Councilmember Colebank seconded
the motion to approve the March 17, 2009, Work Study Session meeting
minutes. Upon vote, the motion passed unanimously with one abstention.
Councilmember Powers cast the abstaining vote.
Adoption of Resolution No. 030-09, Authorizing the Mayor to Execute Change
Order No. 2 with Perteet for the Transportation Element Update
Public Works Director Dorsey presented the staff report, noting on April 9, 2008, the City
Council authorized the Mayor to sign a contract with Perteet in an amount not to exceed
$50,000. On October 28, 2008, the term of the contract was extended to June 30, 2009,
pursuant to Supplemental Agreement No. 1. Proposed Change Order No. 2 is a no-cost
change to update the Consultant Project Manager and to redistribute the project budget
balance to accomplish additional work requested by the City according to a modified
schedule. This change order also extends the June 30, 2009, completion date to September
30, 2009. Staff recommends authorization for the Mayor to sign Change Order No. 2 with
Perteet for a no-cost change to update the consultant project manager and to redistribute
the project budget.
Councilmember Clauson moved and Councilmember Colebank seconded the
motion to authorize the Mayor to sign Change Order No. 2 with Perteet for a
no-cost change to update the consultant project manager and to redistribute
the project budget. Upon vote, the motion passed unanimously.
Discussion Item: Filling Vacant Budgeted Positions
Councilmember Clauson, Finance Committee Chair explained there are four budgeted
vacant positions at the City. The positions are: HR Coordinator; Police Sergeant; part-time
in Finance, and a Meter Reader position in Public Works.
After a brief discussion the Council agreed all the vacant position are equally important and
must be filled and directed staff to fill the budgeted positions as needed.
Councilmember Clauson moved and Councilmember Powers seconded the
motion to authorize staff to fill the vacant budgeted positions Sergeant, Meter
Minutes of April 14, 2009
Page 7 of 7
Reader, HR Coordinator, and part-time position in the Finance Department as
needed. Upon vote, the motion passed unanimously.
CITIZENS COMMENTS
There were no citizen comments.
COMMITTEE REPORTS
Councilmember Childs announced the City’s Tourism Committee will meet on Wednesday,
April 15, 2009, at 2:00 p.m. at City Hall; and invited the community to come down to Bay
Street for the Annual Clean-up day to be held on Sunday, April 18, 2009, at 11:00 a.m.
Councilmember Putaansuu announced the Utility Committee will meet on Friday, April 17,
2009, at 7:30 a.m. at Myhre’s.
Councilmember Powers congratulated Councilmember Colebank on his appointment to the
Puget Sound Regional Council.
MAYOR’S REPORT
Mayor Coppola provided an update on his visit with Congressman Norm Dicks, noting he
provided Mr. Dicks with a presentation on what projects the City needed funding for.
Congressman Dicks will meet with the City to tour the project sites later this week.
REPORT OF DEPARTMENT DIRECTORS
There were no reports from the Department Directors.
ADJOURNMENT
At 8:25 p.m. Mayor Coppola adjourned the meeting.
Patricia J. Kirkpatrick, City Clerk Lary Coppola, Mayor