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10/13/2009 - Regular - PacketCity Council Meeting Agenda October 13, 2009 7:00 P.m. CITY OF PORT ORCHARD Mayor: 1. CALL TO ORDER Lary Coppola A. Pledge of Allegiance Administrative Official g g ilmembers: Fred Fred Chang 2. CITIZENS COMMENTS Chair: Lodging Tax Advisory Please limit your comments to 3 minutes for items not up for Public Hearing. When Committee recognized by the Mayor, please state your name and address for the official record (please Tourism Committee Staff Clerk's Office complete the sign -in sheet located in the hallway). Jerry Childs 3, APPROVAL OF AGENDA Chair: Tourism Committee Staff: Clerk's Office 4• CONSENT AGENDA John Clauson Chair: Finance Committee (Approval of Consent Agenda passes all routine items listed below, which have been Staff. City Treasurer distributed to each Councilmember for reading and study. Consent Agenda items are not Utilities Committee r considered separately unless a Councilmember so requests. In the event of such a request, the Jim Colebank item is returned to Business Items.) Tourism Committee A. Approval of Claim Warrants, Payroll & Treasurer's check book Public Property Committee B. Approval of the September 15, 2009, Work Study Session Minutes Fred Olin C. Approval of the September 22, 2009, Meeting Minutes Utilities Committee D. Adoption of Resolution No. 094-09, Authorizing the Mayor to Execute Public Property Committee Public Contract with Administrative Office of the Courts for Interpreter Carolyn Powers Services (Hunt) Chair: Public Property Committee Staff. Planning Department Finance Jr, PRESENTATION Rob Putaansuu A. Proclamation: Fit City Challenge and End Hunger Initiative Chair: Utilities Committee B. Award: West Sound Utility District Staff. Public Works Department Finance Department Director: 6. PUBLIC HEARING Patti Kirkpatrick A. Public Hearing: Regarding Annexation of Geiger 2 Property; File No. A - Administrative Services 21-09 (Weaver) City Clerk Allan Martin 7, BUSINESS ITEMS City Treasurer A. Adoption of Ordinance No. 024-09, Approving the Annexation Request Debbie Hunt for Geiger 2 Property; File No. A-21-09 (Weaver) Court Administrator B. Adoption of Resolution No. 095-09, Authorizing the Mayor to Execute James Weaver Development Director an Agreement with the Department of Ecology for the FY2010-2011 Phase II Stormwater Pass -through Grant (Archer) A]Townsend C. Adoption of Resolution No. o96-09, Authorizing the Mayor to Execute Police Chief a Contract with BHC Consultants for the Tremont Street Sewer Pre - Mark Dorsey, P.E. Design and PS&E (Dorsey) Public Works Director City Engineer D. Adoption of Resolution No. 097-09, Authorizing the Mayor to Execute a Contact us: Contract with Technical Systems, Inc. for the 2009 Sewer Lift Station 216 Prospect Street Telemetry (Dorsey) Port Orchard, WA 98366 (36o)876-4407 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: www.dt3mofportorchard.us or by contacting the City Clerk's Office, 36o.876.4407 Meetings are broadcast on BKAT — visit: www.bkat.org for broadcast dates and times October 13, 2009, Meeting Agenda Page i of 2 E. Adoption of Resolution No. o98-o9, Authorizing the Mayor to Execute a Contract with ABM Janitorial for City Hall, Library, Public Works Shop, and Active Club Janitorial Services (Kirkpatrick) F. Receiving the Lodging Tax Advisory Committee's Recommendations for Distribution of 2010 Hotel/Motel Tax Funds (Kirkpatrick) G. Discussion: 2oo9 Hotel/Motel Funding Disbursements (Kirkpatrick) 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 1o. 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 42.30.11o, 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 NOTICE: AT THE CONCLUSION OF THE OCTOBER 13, 2009, CITY COUNCIL MEETING, THE MAYOR WILL ADJOURN THE REGULAR COUNCIL MEETING AND THEN RECONVENE THE CITY COUNCIL INTO A WORK STUDY SESSION TO DISCUSS: A. Priorities of City - Council B.Discussion: Parking Garage COMMITTEE MEETINGS Date & Time Location Finance Committee November 6, 2009 City Hall 7:30 a.m. Tourism Committee October 21, 2009 City Hall 5:30 p.m. Utilities Committee October 16, 2009 Myhre's 7:30 a.m. Sewer Advisory Committee (SAC) October 21, 2009 District Office 6:30 p.m. Public Property Committee October 21, 2009 City Hall 9:30 a.m. Work Study Session October 20, 2009 City Hall 7:00 p.m. 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, 36o.876.4407 Meetings are broadcast on BKAT — visit www.bkat.org for broadcast dates and times October 13, 2009, Meeting Agenda Page 2 of 2 City of Port Orchard Council Meeting Minutes ' . Work Study Session of September 15, 2009 1. 7:00 P.M. Call to Order Mayor Coppola called the meeting to order at 7:00 p.m. Councilmembers Carolyn Powers, Mayor Pro-Tem, Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Fred Olin, and Rob Putaansuu was present. City Treasurer Martin, Public Works Director Dorsey, Assistant City Engineer Archer, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. Mayor Coppola reported that the Association of Washington Cities' Annual Regional Meeting will be held on Thursday, October 15, 2009, in Poulsbo. City Clerk Kirkpatrick reminded Councilmembers to let her office know if they planned to attend. Mayor Coppola announced Mary Colburn would like the City to participate in a "Fit City Challenge." The City would be a site that has weigh-in cards and information regarding the challenge posted on the City's website. The Council directed staff to prepare a proclamation for the October 13, 2009, Council meeting. City Clerk Kirkpatrick announced the Port Orchard Chamber of Commerce is having their Annual Fundraiser at The Clubhouse at McCormick Woods on Saturday, September 26, 2009. Tickets are available for the installation banquet, dinner, silent auction and dessert auction, and the entertainment was the Dueling Pianos. City Clerk Kirkpatrick requested on behalf of Police Chief Townsend that the Parking Resolution establishing the fees and general parking rules become a part of Port Orchard Municipal Code Title lo. After a brief discussion, the Council directed staff to bring forward a draft ordinance for consideration at a future Work Study Session. Councilmember Olin asked that a discussion regarding annual celebration of September 11th, be added to the agenda. 2. Discussion: Port of Bremerton Parking Space Request Brian Sauer, Port Orchard Marina Manager, presented a request to swap parking spaces in the marina between the City and the Port of Bremerton, noting the following: • The City and the Port of Bremerton have a great working relationship; • Proposal would be the best use of the waterfront parking spaces between the two entities; The West end of the parking lot has 15 spaces dedicated to the Port, 16 spaces designated as City Merchant parking, and 24 spaces as 4-hour free parking; Port has 31 existing spaces dedicated at the East end of the waterfront parking, next to the Gazebo; Suggested a swap of parking spaces between the Port's dedicated spaces and the City's dedicated spaces that would result in all the Port dedicated spaces being September 15, 2009, Work Study Session Minutes Page 2 of 4 located in one consolidated area near the West end of the waterfront parking, near Kitsap Bank; • As part of the exchange, the Port would be responsible for all signage and the maintenance of all landscaping within the parking area; and • Suggested if the City is interested that a three-year ILA or MOU be drafted. After a brief discussion, Council directed the City Treasurer to provide Mayor Coppola with the number of merchant parking passes currently available; and directed the Public Works Director to work with Mr. Sauer and the Port of Bremerton regarding the terms and conditions and to bring forward at a future meeting. 3. Presentation: Business Licensing through State City Treasurer Martin introduced John Jacob of Washington State Department of Licensing who provided a brief presentation on the Master License Service Partnership, which provides the following services and benefits: • The "Get on Board" program was initiated by a grant; • Explained the benefits to the City would be saving staff time, simplify the license process, increased new business compliance, and receive only complete fees and application information; • The State notifies the cities of an application of which they inform the Sate if the application has been denied or approved; • Cities maintain and have access to the MLS system; • Notifies cities of business requesting other license thru the state and as well as the reporting of sales tax to the correct city; • For businesses that currently do not have other licenses throughout the State will incur an additional $9.00, in which the State will toughly educate and notify the business if a change over takes place; and • Cities contract with the state through an Interlocal Agreement. 4. Presentation: Low Impact District Art Castle, Home Builders Association of Kitsap Homebuilders Foundation, provided a brief presentation on Low Impact Development as follows: • Started with a grant to have the goals of fire districts, cities and counties to bring them all together to develop standards; • Environmental and Market Goals include improvement to water quality from stormwater runoff, encourage methods for improving aquifer recharge and infiltration; reduce stormwater mitigation costs for builders and developers; and to reduce city and county maintenance and liability; • Suggests that each city and county adopt the Kitsap Low Impact Development (LID) Guidance Manual by reference as this will enable staff to update the manual September 15, 2009, Work Study Session Minutes Page 3 of 4 administratively as the Department of Ecology (DOE) authorizes new LID BMP's, adjust the Flow Volume Credits and updates the LID policies; There is natural things than can help reduce the retention ponds, helps remove impervious surfaces, and within the first 4 hours reduce the temperature; and Impervious surface also has been known to reduce the amount of plowing and causes the water to freeze under the asphalt, rather than making the ice thicker on concrete. 5. Update: Annexations Development Director Weaver reported that his office was collecting and processing petitions for the Bethel Corridor North Annexation and the proposed annexation was on track for incorporation by the end of 2009; and he reported that staff continues to work with the County regarding finalization of the McCormick Woods Interlocal Agreements. 6. Update: Tremont Widening Public Works Director Dorsey reported that Puget Sound and Energy (PS&E) are in the final design stages and are moving forward with the wall design; he will be meeting with the Department of Transportation, Puget Sound Regional Council, and the Kitsap Regional Coordinating Council regarding obligation of funding. 7. Discussion: Amendment to Port Orchard Municipal Code 1.04 Code City Clerk Kirkpatrick requested direction to update Municipal Code to allow the Clerk the ability, with approval from the City Attorney, to make minor scriveners/corrections to ordinances and the Code, rather than bringing forward to the Council each time this happens. The Council directed staff to bring this forward to the September 22, 2009, Council meeting. 8. Discussion: Criteria for Private/Public Partnership for Sale of City -Owned Property City Development Director Weaver provided handouts of a map showing the Shoreline designation, Sale of Surplus Real Property and/or Improvements provided by the City Attorney, and the Public Property Committee Minutes from August 13, 2009, meeting. After a brief discussion, the Council directed staff to provide copies of the Port Orchard Economic Development Plan and the Kasprisin Plan for review. Public Works Director Dorsey reported staff directed Art Anderson to provide the City with a Financial Proforma for the Parking Garage and will provide the Council the results at the October 20, 2009, Council meeting. September 15, 2009, Work Study Session Minutes Page 4 of 4 9. Discussion: Making September inh a Holiday Councilmember Olin requested that September lath become a City Holiday to recognize local First Responders. The Council discussed whether or not supporting not only a local annual holiday, but also nationally. The Council directed staff to begin working to make this a local annual holiday and for the Mayor to draft a letter or resolution supporting September iith as a national holiday. Councilmember Clauson stated the Mayor was willing to accept part-time pay should he not meet the performance based goals set by the Council in 2010. Further discussion regarding the goals for 2010 was deferred to the Finance Committee. City Clerk Kirkpatrick announced the Council would meet at a Special Work Study Session on Tuesday, October 6, 2009, at The Clubhouse at McCormick Woods, starting at 6:0o p.m.; a Special Work Study Session to be held on Tuesday, October 13, 2009, following the regular Council meeting; and the next regularly schedule Work Study Session will be held on Tuesday, October 20, 2009, at City Hall. At 9:15 p.m. the meeting was adjourned. Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor r�-► City of Port Orchard Council Meeting Minutes Regular Meeting of September 22, 2009 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Councilmembers Carolyn Powers (Mayor Pro-Tem), Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Fred Olin, and Rob Putaansuu were present and constituted a quorum. City Clerk Kirkpatrick, Deputy Clerk Rinearson, City Attorney Jacoby; City Treasurer Martin; and Public Works Director Mark Dorsey were also present. A. Pledge of Allegiance Judd Turner led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT There were no citizen's comments. 3. APPROVAL OF AGENDA Councilmember Clauson MOVED and Councilmember Colebank seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. 4. APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 52315 through 52369 in the amount of $109,518.70 B. Approval of the September 8, 2009, City Council Meeting Minutes C. Setting Meeting for a Special Work Study Session to October 6, 2009, at 6:oo p.m. at The Clubhouse at McCormick Woods D. Setting Meeting for a Special Work Study Session Following the Regular Meeting on October 13, 20o9, and a Work Study Session to October 20, 2oo9, at 7:00 p.m. at City Hall E. Adoption of Resolution No. ogo-o9, Authorizing the Mayor to Execute a Contract with South Kitsap School District for the School Resource Officer Program Councilmember Putaansuu MOVED and Councilmember Olin seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5. PRESENTATION A. Proclamation: Mental Illness Awareness Week Mayor Coppola presented the proclamation to Suzanne Griffin, who thanked the Council for their continued support and invited the Council to the NAMI Kitsap Candlelight Vigil on October 6, 20o9, at 5:30 p.m. at the Lions Park Shelter; noting Joe Roszak will be the guest speaker who will discuss supporting those who are affected by mental illness as well as advocating for effective treatment and community support. Minutes of September 22, 2009 Page 2 of 5 6. PUBLIC HEARING No public hearings were held. 7. BUSINESS ITEMS A. Adoption of Ordinance No. 022-09, Amending Port Orchard Municipal Code Chapter 1.04 Code City Clerk Kirkpatrick presented the staff report, noting that there are times when minor scriveners and/or clerical errors are found in ordinances and/or the Port Orchard Municipal Code. Currently, when these types of errors are found, the City Clerk must do an ordinance to correct the minor changes. This is costly to the City in that an ordinance to correct the errors must be generated, which then causes an expense in staffs time as well as the Council; publication costs of the ordinance; and codification costs when in fact it would be more efficient to make the minor corrections prior to codification or as part of a future codification. In an effort to increase the efficiency of the City, it is requested that the City Clerk be authorized to make minor scriveners and/or clerical corrections within ordinances prior to codification as well as within the Municipal Code for future chapter codifications, with review by the City Attorney to ensure the corrections do not change the meaning of any law. Councilmember Colebank MOVED and Councilmember Clauson seconded the motion to adopt Ordinance No. 022-09, Amending Port Orchard Municipal Code Chapter 1.04 Code. Upon vote, the motion passed unanimously. B. Adoption of Ordinance No. 023-09, Amending Port Orchard Municipal Code Title io Parking by Adding a New Section 10.12.o85 Chain Parking Police Chief Townsend presented the staff report, noting as requested by the Council, an ordinance addressing Chain Parking on Bay Street was presented with two options, with the difference being what streets are affected. Option No. 1 covers just Bay Street from Sidney Parkway to Harrison Street. Option No. 2 takes a look at what would happen when you impact Bay Street since there is concern that potential violators could just move over to Sidney or Frederick and not move from there all day. If the Council chooses to prevent violators from doing that, then Option 2 includes not only Bay Street from Sidney Parkway to Harrison, but also Sidney from Prospect to the waterfront and Frederick from Prospect to the waterfront. Councilmember Chang MOVED and Councilmember Olin seconded the motion to adopt Ordinance No. 023-09, amending the Port Orchard Municipal Code by adding a new section 10.12.o85 entitled "Chain Parking Prohibited" which covers Bay Street from Sidney Parkway to Harrison as well as Sidney from Prospect to the waterfront and Frederick from Prospect to the waterfront. Upon vote, the motion passed with five affirmative votes and two dissenting votes. Councilmember Putaansuu and Childs cast the dissenting votes. Minutes of September 22, 2009 Page S of s Councilmembers Putaansuu and Childs' voiced their opposition, noting that chain parking restrictions should encompass the entire City and that perhaps this was a matter that could be dealt with after the winter season. Police Chief Townsend advised that there will be a 3o-day grace period given to violators, with enforcement to begin in late October. C. Adoption of Resolution No. ogi-o9, Approving a Water Use Efficiency Goal for the City of Port Orchard Public Works Director Dorsey presented the staff report, noting Washington Municipal Water Law 2003 requires that the City of Port Orchard establish a conservation goal for water consumption. It is recommended that the City's goal be to reduce Single Family Residential water consumption from 16o GPD to 155 GPD by 2014 or a 0.5% annual reduction. On April 3, 20o9, a Public Workshop was held regarding the proposed water rate adjustment and the new water use efficiency goal for the City, with a Public Hearing held on April 22, 2009. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to adopt Resolution No. ogi-o9, thereby establishing the City's Water Use Efficiency Goals. Upon vote, the motion passed unanimously. D. Adoption of Resolution No. 092-09, Accepting the Bid for a Toyota Hybrid Police Vehicle Police Chief Townsend presented the staff report, noting on April 28, 2009, the Council accepted the 2oo9 Byrne Local Recovery Grant funding. As a part of that grant funding, the Police Department is able to purchase a hybrid police vehicle. The requirements for the vehicle were advertised for bid on September 4, 2009, with sealed bids due on September 16, 20o9. A total of one (1) written bid was received from Heartland Motor Company of Bremerton for a Toyota Highlander Hybrid SUV police vehicle in the amount not to exceed $39,000, including all sales tax and licensing and recording fees. Councilmember Colebank MOVED and Councilmember Powers seconded the motion to adopt Resolution No. 092-09, accepting the hybrid police vehicle bid as submitted by Heartland Motor Company of Bremerton in an amount not to exceed $39,000, which includes all sales tax, licensing, and recording fees, with funds from the Byrne Local Recovery Grant No. 2oo9-SB-B9-2220. Upon vote, the motion passed unanimously. E. Adoption of Resolution No. 093-09, Authorizing the Mayor to Execute a Contract with Ahearn Electric, Inc. for the Cedar Canyon Sanitary Sewer Pump Station Emergency Generator Public Works Director Dorsey presented the staff report, noting the Public Works Department selected three (3) contractors from the 2009 Small Works Roster and requested proposals from each company for the Cedar Canyon Sanitary Sewer Pump Station Emergency Generator (30KW Generator and 1ooA ATS). On September 4, 2009, the following bids were submitted: Minutes of September 22, 2009 Page 4 of 5 Ahearn Electric, Inc. Zorko Electric, Inc. Rohwein Electric, Inc. $34,101.75 (incl. tax) $35,579.53 (incl. tax) $39,921.36 (incl. tax) Upon review by staff, it was determined that Ahearn Electric, Inc. was the lowest qualified bidder, with a bid of $34,101.75 (including tax). Councilmember Olin MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 093-09, thereby authorizing the Mayor to execute a contract with Ahearn Electric, Inc. in an amount not to exceed $34,101.75, for the Cedar Canyon Sanitary Sewer Pump Station Emergency Generator. Upon vote, the motion passed unanimously. 8. CITIZENS COMMENTS Gil Michael asked the Council to consider assigning the Planning Commission with the task to compile all the different plans/studies regarding downtown revitalization as one combined plan. 9. COMMITTEE REPORTS Councilmember Chang reported the Lodging Tax Advisory Committee met on September 18, 2009, and due to the total amount of recipient requests, the Committee is recommending each recipient receive a portion of the projected funding of $62,000. Councilmember Childs voiced his concern with the availability of funding for the Festival of Chimes and Lights being held on Saturday, December 5, 2oo9. After a brief discussion the Council directed the Finance Committee to review available funding at their next meeting. Councilmember Colebank reported on his attendance at the Puget Sound Regional Council Transportation Policy (PSRC TransPol) Board, noting an update was provided on the Transportation 2040, which has been sent out for comments; Kitsap Regional Coordinating Council (KRCC) Transportation Policy Board provided an update on local stimulus program funded projects and to approve the HUD 1o8 loan application for the Westbury Company; Kitsap Economic Development Alliance (KEDA) provided an update on working on funding for a new business in Kitsap County in hopes of creating too new jobs; and the Peninsula Regional Transportation Planning Organization provided an update on the Hood Canal Bridge repair. io. MAYOR'S REPORT Mayor Coppola reported on the following activities: • Attended Chamber of Commerce Luncheon; • Attended Kitsap Economic Development Alliance Board Meeting; • Met with Kitsap County Consolidated Housing Authority regarding finding a new Executive Director; • Attended the City of Port Orchard's picnic; • Met with Larry Eyer's with Kitsap Community Resources; Minutes of September 22, 2009 Pages of 5 • Met with Representative Larry Seaquist regarding funding for the parking garage; • Met with Mary McClure with Kitsap Regional Coordinating Council regarding revenue sharing; • Met with City Clerk regarding the 2010 Budget; • Met with the Port Orchard Bay Street Association; • Attended the Business Journal's 40 under 4o awards, noting six were from Port Orchard including Kathleen Wilson with the Port Orchard Library; • Met with Councilmember Clauson and Dick Hayes with Kitsap Transit; and • Met with a major supply company regarding economic development. ii. REPORT OF DEPARTMENT HEADS City Clerk Kirkpatrick announced that Deputy Clerk Rinearson is the Treasurer for the newly formed Washington Association of Public Records Officers. Public Works Director Dorsey announced that the September 23, 2009, Sewer Advisory Committee meeting has been canceled. 12. ADJOURNMENT At 7:40 p.m. Mayor Coppola adjourned the meeting. Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor Introduced by: Court Administrator Requested by: Court Administrator Drafted by: Court Administrator Introduced: October 13, 2009 Adopted: October 13,2009 RESOLUTION NO. 094-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERAGENCY AGREEMENT NO. IAA10233 WITH THE ADMINISTRATIVE OFFICE OF THE COURTS FOR INTERPRETER FUNDING. WHEREAS, The City has a duty to provide interpreter services to criminal defendants appearing in the Port Orchard Municipal Court; and WHEREAS, the costs for interpreter services are born by the City; and WHEREAS, in 2007, the State passed legislation authorizing the Administrative Office of the Courts (AOC) to allocate partial funding for interpreter services throughout the State; and WHEREAS, the City Council finds that it is in the City's interest to enter into an agreement with AOC to receive funding for interpreter services; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council hereby approves the Agreement attached hereto as Exhibit A and by this reference incorporated herein. THAT: The Mayor is authorized to execute, on behalf of the City, the Interagency Agreement No. IAA10233 with AOC for interpreter funding. 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 13th day of October 2009. Lary Coppola, Mayor r NAMW Patricia J. Kirkpatrick, CMC, City Clerk INTERAGENCY AGREEMENT IAA10233 between STATE OF WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS 1206 Quince Street SE PO Box 41170 Olympia, Washington 98504-1170 and Port Orchard Municipal Court THIS AGREEMENT is entered into by and between the Administrative Office of the Courts ("AOC") and Port Orchard Municipal Court ("Contractor"). 1. DEFINITIONS For purposes of this contract, the following definitions shall apply: a. "Certified Interpreter" means an interpreter who is certified by the administrative office of the courts, as defined in RCW 2.43.020 (4). The names and contact information of certified interpreters are found, and incorporated herein by reference, at www. courts.wa.gov/interpreters . b. "Registered Interpreter" means an interpreter who has fulfilled the requirements to be registered by the AOC Court Interpreter Program. This includes passing a written exam and an oral proficiency exam. The names and contact information of registered interpreters are found, and incorporated herein by reference, at www. courts.wa.gov/interpreters . c. "Qualified Interpreter" means a spoken language interpreter as defined in RCW 2.43.020 (2), or sign language interpreter as defined in RCW 2.42.110 (2). d. "Qualifying event" means a court interpreted event meeting any of the following criteria and the Funding Conditions found, and incorporated herein by reference, at: http://inside.courts.wa.gov/index.cfm?fa=controller. showPage&folder=courtlnterpret er&file=interpreterServicesFunds: ❑ If the language interpreted is a language for which there are certified spoken language interpreters, the event was interpreted by a certified interpreter who was paid fifty dollars per hour. ❑ If the language interpreted is a language for which there are registered spoken language interpreters, the event was interpreted by a registered interpreter who was paid fifty dollars per hour. ❑ If the language interpreted is a language for which there are registered spoken language interpreters, and the court made diligent efforts to secure a registered interpreter yet none was reasonably available, and the event was interpreted by a qualified interpreter. IAA10233 Page 1 of 7 ❑ If the language interpreted is a language for which there are no certified or registered spoken language interpreters, the event was interpreted by a qualified interpreter. ❑ If the event was interpreted by a qualified sign language interpreter. 2. PURPOSE The purpose of this Agreement is to engage the services of the County/City, via the Court, to improve the quality and availability of court interpreter services for Limited English Proficient ("LEP"), deaf, and hard of hearing persons in accordance with chapters 2.42 and 2.43 RCW. a. These funds are intended to address the Court's following needs: ❑ Financial need — i.e., the gap between the Court's available financial resources and the costs to meet its need for certified, registered and qualified interpreters; and ❑ Interpreter need — i.e., the gap between the level of the LEP, deaf, and hard of hearing public's need for language access to the Court's court(s) (i.e., the level of interpreter need) and the available interpreter pool (in particular, certified, registered and qualified interpreters in the applicant's most frequently needed languages). 3. DESCRIPTION OF SERVICES TO BE PROVIDED a . The Court agrees to actively participate in the new vision and structure for state funding of interpreter services, and to track and provide interpreter cost and usage data needed to demonstrate the impact of the funding. In particular, the Court agrees to submit electronically with each request for reimbursement, completed Interpreter Services Funding Data ("ISF Data") reflecting interpreter services and costs. The Court will submit ISF Data representing both qualifying and non -qualifying events. b. Electronic data shall be submitted using the online application and instructions found, and incorporated herein by reference, at: htW: / /inside.courts.wa.gov/index.cfm?fa=controller. showPage&folder=courtlnterpr eter&file=interpreterServicesFunds c. The Contractor will ensure that the interpreter funding is used for reimbursement of costs paid to certified, registered and qualified interpreters for qualifying events, and pursuant to the Funding Conditions set forth, and incorporated herein by reference, at: https: / /inside.courts.wa.gov/index.cfm?fa=controHer.showPage&folder=courtlnterp Teter&file=interpreterServicesFunds d. The Court agrees to partner closely with the AOC Interpreter Program, the Interpreter Commission, and neighboring courts to identify and implement innovations and best practices for providing interpreter services (e.g., innovations in scheduling of interpreters, sharing of translated resources, training of staff and IAA10233 Page 2 of 7 judges), with a view to improving interpreter services and the service infrastructure statewide. 4. PERIOD OF PERFORMANCE The period of performance under this Agreement shall be from July 1, 2009 through August 31, 2010. 5. COMPENSATION a. The Court shall be reimbursed a maximum of $ 206 for costs incurred during the period of July 1, 2009 —June 30, 2010. No reimbursement shall be made under this Agreement for interpreting occurring subsequent to June 30, 2010. b. The Court shall receive payment for its costs for interpreter services as set forth in Section 3c. c. The Court shall not be reimbursed until paper A-19 invoices and corresponding electronic ISF Data are received and approved by AOC, pursuant to the following schedule: 1) Paper A-19 invoices and ISF Data reflecting interpreted assignments occurring between July 1, 2009 and September 30, 2009, must be received by the AOC no later than November 13, 2009. 2) Paper A-19 invoices and ISF Data reflecting interpreted assignments occurring between October 1, 2009 and December 31, 2009, must be received by the AOC no later than February 15, 2010. 3) Paper A-19 invoices and ISF Data reflecting interpreted assignments occurring between January 1, 2010 and March 30, 2010, must be received by the AOC no later than May 14, 2010. 4) Paper A-19 invoices and ISF Data reflecting interpreted assignments occurring between April 1, 2010 and June 30, 2010, must be received by the AOC no later than August 13, 2010. d. If this agreement is terminated, the Court shall only receive payment for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. e. The Court shall, no more frequently than monthly, submit its paper A-19 invoices to: AOC Financial Services PO Box 41170 Olympia, Washington 98504-1170 The ISF Data shall be submitted electronically to AOC Court Services as described in paragraph 3b. IAA10233 Page 3 of 7 f. Payment to the Court for approved and completed work will be made by warrant or account transfer by AOC within 30 days of receipt of a properly -completed paper invoice and the completed ISF Data. g. The Court shall maintain sufficient backup documentation of expenses under this agreement. h. AOC, in its sole discretion and upon notice, may initiate revenue sharing and reallocate funding among courts. If it appears the Court may not expend the maximum Agreement amount, AOC may reduce the maximum Agreement amount. AOC may increase the maximum Agreement amount if additional funds become available through these revenue sharing provisions. 6. ADDITIONAL INTERPRETER DATA In addition to collecting and submitting to AOC the required ISF Data in order to support its requests for reimbursement as set forth in Section 3b of this Agreement, the Court agrees to document for AOC the amount the Court spent on interpreter services for calendar years 2005 through 2009, and for the first half of calendar year 2010 (through June 30, 2010). 7. LANGUAGE ASSISTANCE PLAN(S) As a condition of receiving funding under this Agreement, the Court agrees to implement and maintain an AOC-approved Language Assistance Plan. 8. TREATMENT OF ASSETS AND PROPERTY The AOC shall be the owner of any and all fixed assets or personal property jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 9. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the AOC. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and video and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. In the event that any of the deliverables under this Agreement include material not included within the definition of "works for hire," the Court hereby assigns such rights to the AOC as consideration for this Agreement. Data which is delivered under this Agreement, but which does not originate therefrom, shall be transferred to the AOC with a nonexclusive, royalty -free, irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; Provided, that such license shall be limited to the extent which the Court has a right to IAA10233 Page 4 of 7 grant such a license. The Court shall advise the AOC, at the time of delivery of data furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The AOC shall receive prompt written notice of each notice or claim of copyright infringement received by the Court with respect to any data delivered under this Agreement. The AOC shall have the right to modify or remove any restrictive markings placed upon the data by the Court. 10. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 11. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 12. RECORDS, DOCUMENTS, AND REPORTS The Court shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the AOC, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or Agreement. The Court will retain all books, records, documents, and other material relevant to this Agreement for six years after settlement, and make them available for inspection by persons authorized under this provision. 13. RIGHT OF INSPECTION The Court shall provide right of access to its facilities to the AOC, or any of its officers, or to any other authorized agent or official of the state of Washington of the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. 14. DISPUTES Disputes arising under this Agreement shall be resolved by a panel consisting of one representative from the AOC, one representative from the Court, and a mutually agreed upon third party. The dispute panel shall thereafter decide the dispute with the majority prevailing. Neither party shall have recourse to the courts unless there is a showing of noncompliance or waiver of this section. IAA10233 Page 5 of 7 15. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 16. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable state and federal statutes and rules; 2. This Agreement; and 3. Any other provisions of the agreement, including materials incorporated by reference. 17. ASSIGNMENT The work to be provided under this Agreement, and any claim arising hereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 18. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. IAA10233 Page 6 of 7 19. SEVERABILITY If any provision of this Agreement, or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. 20. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be considered to exist or to bind any of the parties to this agreement unless otherwise stated in this Agreement. AGREEMENT MANAGEMENT The program managers noted below shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement: AOC Program Manager: Katrin Johnson PO Box 41170 Olympia, WA 98504-1170 (360) 704-4062 Court Program Manager: Deborah Hunt Administrator 216 Prospect St Port Orchard, WA 98366-5326 360-876-1701 dhunt@ci.port-orchard.wa.us AGREED: THE ADMINISTRATIVE OFFICE CONTRACTOR OF THE COURTS Dirk Marler, Director Date Date Judicial Services Division IAA10233 Page 7 of 7 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Item 4D Meeting Date: Subject Adoption of Resolution No. 094-09, Prepared by: Authorizing the Mayor to Execute a Contract with Administrative Office Atty Routing No: of the Courts for Interpreter Services Atty Review Date: October 13, 200 Deborah M Hunt Court Administrator NA NA Summary: The Municipal Court is requesting the City Council adopt Resolution No. 094-09, authorizing the Mayor to sign the attached Interagency Agreement between the Administrative Office of the Courts (AOC) and Port Orchard Municipal Court. The Agreement allows AOC to reimburse the City of Port Orchard for interpreter services for the period of July 1, 2009 through June 30, 2010, for a maximum of $2o6 for costs incurred. Background: In 2007, in response to new legislation authorizing assistance to trial courts in paying for interpreter services, Port Orchard Municipal Court in collaboration with all Kitsap County courts through the Trial Court Coordination Council (TCCC) submitted an Application for Court Interpreter Services Funding. The application was approved. This Agreement authorizes AOC to reimburse the City of Port Orchard for interpreter services. In the Agreement, as a condition of receiving funding, the Courts agree to create and maintain an AOC-approved Language Assistance Plan (LAP). The LAP was created and approved by AOC in 2007 (available upon request). This agreement is the third agreement between AOC and the City of Port Orchard for interpreter funds. The State has decreased the amount of the reimbursement based on State budget constraints. In addition, interpreter spending is unpredictable so the contract includes a stipulation that AOC may opt to reallocate funds according to the needs of the Court (Section 5.h). The City Attorney reviewed the two previous agreements and agreed to their content. The only changes in the attached Interagency Agreement No. IAA10233 are the addition of a Definition Section (Section 1), the change in the amount of the reimbursement, and the dates of the agreement. Recommendation: Approve Resolution No. 094-09, authorizing the Mayor to execute an Interagency Agreement No. LAA10233 between the State of Washington Administrative Office of the Courts and Port Orchard Municipal Court. Motion for consideration: I move to adopt Resolution No. 094-09, authorizing the Mayor to execute an Interagency Agreement No. IAA10233 between the State of Washington Administrative Office of the Courts and Port Orchard Municipal Court. Fiscal Impact: AOC will reimburse the City for up to $206 for the period of July 1, l009, through June 30, 2010, for court interpreter services. At the end of the fiscal year, the City may receive an additional reimbursement to be determined. Alternatives: If the Agreement is not signed, the City will not be reimbursed by the State for mandatory court interpreter services. Attachments: Resolution No. 094-09 Interagency Agreement No. IAA10233 2 ift g M ■ 4 �IIYI= i !sL =ruu:: E PROCLAMATION WHEREAS, 963 Million people worldwide are chronically hungry, while one billion others across the world are overweight; and WHEREAS, 66% of all Americans are considered overweight, while 35.5 million people go to bed hungry every night; and WHEREAS, both obesity and hunger lead to serious health concerns that impact American citizens, including malnutrition, heart disease, diabetes, hypertension and some types of cancers; and WHEREAS, the City of Port Orchard recognizes that these problems exist within the city and surrounding South Kitsap community. People go hungry, while others suffer health problems as a result of being obese or overweight; and WHEREAS, these illnesses not only affect the bottom line of businesses and communities, like Port Orchard, they affect the health and well-being of its citizens and keep people, especially children, from reaching their full academic and physical potential; and WHEREAS, the City of Port Orchard doesn't want the health of its citizens compromised by preventable illnesses; and WHEREAS, the City of Port Orchard wishes to encourage residents of Port Orchard and South Kitsap to improve their health, while supporting those who lack food on a daily basis. It encourages residents to strive to reach a healthy weight and suggests that they may donate a pound of food or one dollar to the South Kitsap Helpline food bank or a favorite hunger initiative for every pound of weight lost; and WHEREAS, the City of Port Orchard commends the efforts of its citizens committed to improving the overall health of the city and surrounding community; and NOW, THEREFORE, I, Lary Coppola, Mayor of the City of Port Orchard, designate October 1, 2009 to November 14, 20o9 as PORT ORCHARD FIT CITY CHALLENGE AND END HUNGER INITIATIVE in the City of Port Orchard and I call upon all employees and citizens of the City of Port Orchard to observe this initiative with appropriate recognition thereof. Signed the 28th day of September 2009 Lary Coppola, Mayor G,SOr1 ASSOC,", Ilk 4 5 9�D WATEY- August 31, 2009 Press Release FOR IMMEDIATE RELEASE Bryan Gallagher, Wastewater Treatment Plant Operator, West Sound Utility District SeaTac, WA — August 31, 2009 — The Washington Association of Sewer and Water Districts has recognized Bryan Gallagher, Wastewater Treatment Plant Operator, West Sound Utility District -Extraordinary Professional Competence and Technical Expertise. Bryan Gallagher was hired as an operator -in training after he acquired formal basic training at the Green River Community College in 1999. Since that time, he has applied himself bother professionally and academically earning his Associates in Applied Science in both Wastewater Technology and Water Supply Technology; all while working full time as a wastewater treatment plant operator for West Sound Utility District. His technical skills and attention to detail were instrumental in the District's successful contract operations in operating the wastewater treatment facility for the Blake Island State Park. His innovative and expertise in upgrading the biological process operation at the park was completed within a constrained budget. Washington State Parks and Recreation Commission were so impressed with the District and Operator Gallagher that it has contracted for the District to maintain and operate wastewater treatment facilities at two more state parks. Bryan's professional approach to his responsibilities reflects the high standards required in wastewater treatment. The Recognition Ceremony will take place on Thursday September 171h, 2009 at the Washington Association of Sewer & Water Districts Annual conference in Chelan, WA. Founded in 1996 the Washington Association of Sewer and Water Districts represents Washington State's Special Purpose sewer and water districts. Special purpose sewer and water districts provide services to 30% of the population in the state of Washington. There are 176 special purpose sewer and water districts in the state. The Association's role is to provide education and assistance for elected district commissioners and continuing education classes for certified water and wastewater treatment plant operators. To foster increased communication between members, encourage standardization of water and sewer methods and services that bring benefits to their ratepayers, the Association also represents special purpose districts in the Washington Legislature and with state and local agencies. For further information, please contact: Harold A. Schlomann Executive Director Washington Association of Sewer and Water Districts Washington Association of Sewer & Water Districts 2800 South 192nd Street, Suite 104, SeaTac, WA 98188-5166 206-246-1299 800-244-0124 fax:206-246-1323 staff waswd.org www.waswd.org G,SOr1 ASSOC,", Ilk 4 5 9�D WATEY- August 31, 2009 Press Release FOR IMMEDIATE RELEASE City of Port Orchard and West Sound Utility District -Recognizing a Successful City and Special District Joint Partnership for Three Decades of Cooperation Benefiting all the Citizens They Both Serve SeaTac, WA — August 31, 2009 — The Washington Association of Sewer and Water Districts has recognized City of Port Orchard and West Sound Utility District -Recognizing a Successful City and Special District Joint Partnership for Three Decades of Cooperation Benefiting all the Citizens They Both Serve. The City of Port Orchard and West Sound Utility District have consistently worked together to provide the best wastewater treatment for the lowest possible cost to the Port Orchard community. In the 1970's, the decision was made to replace the separate primary treatment plants with a community secondary treatment plant. The City and sewer district recognized the value of cooperation, overcame jurisdictional issues, and established the frame work to jointly own and operate the new wastewater secondary treatment facility. The partnership required one of the largest ULID's in the State at that time, and a unique Community Development Block Grant that paid 100% of the assessments for the community's numerous low and moderately - low impact property owners. The working contract agreement has been in effect for 27 years and has resulted in the lowest treatment costs in the West Sound region. The ability to work together has allowed effective management, excellent communications, and the successful completion of a $21.5 million plant expansion that used MBR technology. Future cooperative efforts will include reclaimed water, Class A biosolids, and applied alternative energies. The Recognition Ceremony will take place on Thursday September 17t", 2009 at the Washington Association of Sewer & Water Districts Annual conference in Chelan, WA. Founded in 1996 the Washington Association of Sewer and Water Districts represents Washington State's Special Purpose sewer and water districts. Special purpose sewer and water districts provide services to 30% of the population in the state of Washington. There are 176 special purpose sewer and water districts in the state. The Association's role is to provide education and assistance for elected district commissioners and continuing education classes for certified water and wastewater treatment plant operators. To foster increased communication between members, encourage standardization of water and sewer methods and services that bring benefits to their ratepayers, the Association also represents special purpose districts in the Washington Legislature and with state and local agencies. For further information, please contact: Harold A. Schlomann Executive Director Washington Association of Sewer and Water Districts Washington Association of Sewer & Water Districts 2800 South 192nd Street, Suite 104, SeaTac, WA 98188-5166 206-246-1299 800-244-0124 fax:206-246-1323 staffwaswd.org www.waswd.org F � I I � uuuispr ww-- � Is I Legal Description for Geiger2 Petition for Annexation to the City of Port Orchard, Washington P.O. File No. A-21-09 The following described area situate within Section 2, Township 23 North, Range 1 East, W.M., Kitsap County, Washington: The South 30 feet of the Southwest quarter of the Southwest quarter of the Southeast quarter; EXCEPT that portion within the City of Port Orchard; And the following described areas situate within Section 11, Township 23 North, Range 1 East, W.M., Kitsap County, Washington: The Northwest quarter of the Northeast quarter; EXCEPT the North 150 feet of the South 350 feet of the West 393.5 feet; Also EXCEPT the South 200 feet of the West 643.5; Also EXCEPT the South 650 feet lying east of the West 643.5 feet; Also EXCEPT that portion within the City of Port Orchard; And the West 266 feet of the South half of the North half of the Northeast quarter of the Northeast quarter. As provided by Kitsap County Public Works June 17, 2009 W U) W Q W 719 SE LN City of Port Orchard Geiger 2 Annexation arm Legend ' Geiger 2 Annexation City of Port Orchard N 7r S 0 650 1,300 2,600 Feet City of Port Orchard Planning Department 216 Prospect Street, Port Orchard, WA 98366 Phone:360-876-4991 Fax:360-876-4980 www.cityofportorchard.us This map was created from existing map sources, not from field surveys. While great care was taken in using the most current map sources available, no warranties of any sort, including accuracy, fitness, or merchantability accompany this product. The user of this map assumes responsibility for determining its suitability for its intended use. This map is not a substitute for field survey. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Public Hearing 6A Subject: Public Hearing: Regarding Annexation Geiger 2 Property, File No. A-21-00 Meeting Date: October 13, 2009 Prepared by: James R. Weaver Atty Routing No: Atty Review Date: Development Director NA NA Summary: Daniel Horovitz, agent for the petitioners, submitted a Petition for Annexation, to annex nine parcels totaling approximately 18.18 acres. The parcels are located in the vicinity of the intersection of Geiger Road and Sedgwick Road, east of Highway 16, within Section 2 and Section 11, Township 23 North, Range 1 East, W.M., Kitsap County, Washington. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10-year update of their Comprehensive Plan in December 2oo6. Parcels 112301-1-028-2001, 112301-1-027-2002, 112301-1-020-2oo9, and 112301-1-033-2004 are currently designated Highway/Tourist Commercial (HTC) in the County Comprehensive Plan and Highway/Tourist Commercial (lo-3o DU/Ac) on the County zoning map; and Parcels 112301-1-026-2003, 112301-1-025-2004, 112301-1-024-2005, 112301-1-021-2008, and 112301-1-045-20oo are currently designated Urban Low -Density Residential in the County Comprehensive Plan and Urban Low Residential (4-9 DU/Ac) on the County zoning map. This annexation connects two recently annexed areas — Sedgwick & Bethel and Geiger Road — along with the area in the City to the west. It fills an area almost completely surrounded by City boundaries, except for approximately 250 feet between the City reservoir and the parcel directly to the south. Critical areas (moderate hazard areas and stream) affect the area to the west. Properties west of Geiger Road are suitable for a higher density land use designation, since a large part of these parcels are sloped and the buildable areas are likely to be restricted to the areas near Geiger Road. Two of the parcels fronting on Sedgwick Road (zoned HTC) are currently undeveloped. The City - owned parcel is utilized for the Sedgwick water reservoir. The remaining parcels are comprised of residential uses. The area to the west is designated Commercial in the City comprehensive plan with Commercial zoning, and contains commercial development surrounding the Sedgwick/HWY 16 interchange. The area to the north and east along Sedgwick Road was recently annexed into the City with a comprehensive plan designation of Commercial and Commercial zoning, and contains the Fred Meyer shopping complex and other retail development. The area to the south was recently annexed and designated R20, intended for higher -density residential development. The area as a whole is planned for commercial use and for higher residential density. The Notice of Intent to Petition for Annexation was submitted on March 6, 2oo9, and reviewed by the Port Orchard City Council at a regularly scheduled meeting held on March 24, 2009. The Council voted to accept the Notice of Intent and directed the applicant to proceed with the Petition request. The complete Petition for Annexation was submitted August 17, 2009. The Port Orchard Planning Commission reviewed the Annexation request at their September 21, 2009, meeting and approved PC Resolution No. oo6-09, recommending approval of the petition for annexation, with a Comprehensive Plan designation of Commercial and Commercial Retail/Office zoning for Tax Parcels 112301-1-028-2001, 112301-1-027-2002, 112301-1-020- 2oo9, and 112301-1-033-2004; a Comprehensive Plan designation of Residential: High Density and R20 zoning for Tax Parcels 112301-1-026-2003, 112301-1-025-2004, 112301-1-024-2005, and 112301-1-021-2oo8; and a Comprehensive Plan designation of Public and Community Spaces and Community Facilities zoning for Tax Parcel 112301-1-045-2000, to become effective upon annexation. A programmatic Determination of Non -Significance (DNS) was issued on September 11, 2009, with the comment period ending September 25, 2009. 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 December 9, 2oo8, adoption of the 2008 Port Orchard Comprehensive Update, Appendix A, designated future zoning and comprehensive land use designations for areas inside the urban growth boundary but outside incorporated City limits are determined by Kitsap County to be effective upon adoption. Recommendation: Open the Public Hearing for Ordinance No. 024-09. Fiscal Impact: None Alternatives: Do not open the public hearing. Attachments: Map Legal Description Planning Commission Resolution No. oo6-09 Legal Description for Geiger2 Petition for Annexation to the City of Port Orchard, Washington P.O. File No. A-21-09 The following described area situate within Section 2, Township 23 North, Range 1 East, W.M., Kitsap County, Washington: The South 30 feet of the Southwest quarter of the Southwest quarter of the Southeast quarter; EXCEPT that portion within the City of Port Orchard; And the following described areas situate within Section 11, Township 23 North, Range 1 East, W.M., Kitsap County, Washington: The Northwest quarter of the Northeast quarter; EXCEPT the North 150 feet of the South 350 feet of the West 393.5 feet; Also EXCEPT the South 200 feet of the West 643.5; Also EXCEPT the South 650 feet lying east of the West 643.5 feet; Also EXCEPT that portion within the City of Port Orchard; And the West 266 feet of the South half of the North half of the Northeast quarter of the Northeast quarter. As provided by Kitsap County Public Works June 17, 2009 W U) W Q W 719 SE LN City of Port Orchard Geiger 2 Annexation arm Legend ' Geiger 2 Annexation City of Port Orchard N 7r S 0 650 1,300 2,600 Feet City of Port Orchard Planning Department 216 Prospect Street, Port Orchard, WA 98366 Phone:360-876-4991 Fax:360-876-4980 www.cityofportorchard.us This map was created from existing map sources, not from field surveys. While great care was taken in using the most current map sources available, no warranties of any sort, including accuracy, fitness, or merchantability accompany this product. The user of this map assumes responsibility for determining its suitability for its intended use. This map is not a substitute for field survey. 5� 1 � '�"�'■�■■ SE SEDGWICK RD CO CF 20 (� m v F cP 6' s� s� City of Port Orchard Geiger 2 Annexation A r ws As•" u I: a Legend CF CO M R20■� ■�■■�■� Port Orchard City Limit N W I l S 0 260 520 1,040 Feet City of Port Orchard Planning Department 216 Prospect Street, Port Orchard, WA 98366 Phone:360-876-4991 Fax:360-876-4980 www.cityofportorchard.us This map was created from existing map sources, not from field surveys. While great care was taken in using the most current map sources available, no warranties of any sort, including accuracy, fitness, or merchantability accompany this product. The user of this map assumes responsibility for determining its suitability for its intended use. This map is not a substitute for field survey. City of Port Orchard City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 Introduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: October 13, 2009 Adopted: October 13, 2009 ORDINANCE NO. 024-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE CITY CONSISTING OF APPROXIMATELY i8a8 ACRES IN THE VICINITY OF SEDGWICK ROAD AND GEIGER ROAD, REQUIRING THE ANNEXED PROPERTY TO BE ASSESSED AND TAXED AT THE SAME RATE AND BASIS AS OTHER PROPERTY WITHIN THE CITY, ESTABLISHING COMPREHENSIVE PLAN AND ZONING DESIGNATIONS FOR THE PROPERTY, AND ESTABLISHING AN EFFECTIVE DATE OF THE ANNEXATION PROPERTY LOCATION: SITUATED WITHIN SECTION 2 AND SECTION ii, TOWNSHIP 23 NORTH, RANGE i EAST, W.M., KITSAP COUNTY, WASHINGTON. ASSESSOR'S ACCOUNT NUMBERS: 112301-1-028-2001, 112301-1- 027-2002, 112301-1-026-2003, 112301-1-025-2004, 112301-1-024- 2005, 112301-1-020-2009, 112301-1-021-2008, 112301-1-045-2000, and 112301-1-033-2004. Ordinance No. 024-09 Page 2 of 6 WHEREAS, on March 06, 2009, the City Council received a notice of intent to petition for annexation for nine parcels consisting of approximately 18.18 acres located in the vicinity of Sedgwick Road (State Route 160) and Geiger Road, as legally described and geographically depicted in Exhibit "A" attached hereto and incorporated by this reference; and WHEREAS, the initiating parties are the owners of real property with a value in excess of ten percent (lo%) of the value of the property for which annexation is petitioned; and WHEREAS, a meeting was held on March 24, 2009, between the initiating parties of this annexation and the Council of the City of Port Orchard, at which time the Council accepted the notice of intention to commence annexation proceedings and authorized the circulation of an annexation petition for annexation of the real property legally described and geographically depicted in Exhibit "A" attached hereto. At the meeting the Council also determined that it would require the simultaneous adoption of zoning and Comprehensive Plan designations, and the assumption of city indebtedness by the area to be annexed upon annexation; and WHEREAS, a petition to annex to the City of Port Orchard was circulated and on August 17, 2009 was filed with the City, and was certified by the Kitsap County Assessor as containing the signatures from owners of not less than sixty percent (6o%) in value, according to the assessed valuation, of the property for which annexation is petitioned; and WHEREAS, in December 2006 Kitsap County added the property legally described and geographically depicted in Exhibit "A" to the City of Port Orchard UGA and designated Parcels 112301-1-028-2001, 112301-1-027-2002, 112301-1-020-2009, and 112301-1-033- 2004 Highway/Tourist Commercial (HTC) on the Comprehensive Plan map and Highway/Tourist Commercial (l0-3o DU/Ac) on the zoning map; and designated Parcels 112301-1-026-2003, 112301-1-025-2004, 112301-1-024-2005, 112301-1-021-2008, and 112301-1-045-2000 Urban Low -Density Residential on the County Comprehensive Plan map and Urban Low Residential (4-9 DU/Ac) on the County zoning map; and WHEREAS, RCW 35.13.177 allows the City to prepare Comprehensive Plan and zoning designations to become effective upon the annexation of any area which might reasonably be expected to be annexed by the City at any future time; and WHEREAS, pursuant to RCW 35.13.177 and .178, the City Council adopted Ordinance No. 042-08 designating the proposed annexation Commercial on the City's Comprehensive Plan and Commercial Retail/Office zoning on the City's zoning map for Tax Parcels 112301-1-028-2001, 112301-1-027-2002, 112301-1-020-2009, and 112301-1-033- 2004; and designating Low Density on the City's Comprehensive Plan and Residential: Ordinance No. 024-09 Page 3 of 6 "R4.5" on the City's zoning map for Tax Parcels 112301-1-026-2003, 112301-1-025-2004, 112301-1-024-2005, 112301-1-045-2000, and 112301-1-021-2oo8, to become effective upon annexation; and WHEREAS, the Port Orchard Planning Commission held a public meeting on September 21, 2oo9 and adopted Resolution oo6-o9 recommending approval of the petition for annexation, with a Comprehensive Plan designation of Commercial and Commercial Retail/Office zoning for Tax Parcels 112301-1-028-2001, 112301-1-027-2002, 112301-1-020-2oo9, and 112301-1-033-2004; a Comprehensive Plan designation of Residential: High Density and R20 zoning for Tax Parcels 112301-1-026-2003, 112301-1- 025-2004, 112301-1-024-2005, and 112301-1-021-2oo8; and a Comprehensive Plan designation of Public and Community Spaces and Community Facilities zoning for Tax Parcel 112301-1-045-2000, to become effective upon annexation; and WHEREAS, pursuant to RCW 35.63.200, the City Council finds it is necessary to adopt interim zoning controls for parcels 112301-1-026-2003, 112301-1-025-2004, 112301- 1-024-2005, 112301-1-021-2oo8, and 112301-1-045-200o and until such time as the Comprehensive Plan amendment process for 2010 is completed and that such interim zoning for these parcels is justified because: the parcels will be served by adequate public sewer, water supply, roads, and other needed public facilities; the parcels are adjacent to areas of Urban High -Intensity Commercial/Mixed Use designations within the City; the interim zoning designation of Community Facilities for parcel 112301-1-045-2000 is consisted with the existing use of the property; and the interim zoning designation of "R20" single/multiple family detached/attached for parcels 112301-1-026-2003, 112301-1-025- 2004, 112301-1-024-2005, and 112301-1-021-2008 is consistent with the uses in the surrounding area. WHEREAS, pursuant to RCW 35.13.140, the City Council held public hearing on December 23, 2oo8 and October 13, 2009, which hearings were duly noticed through publication in a newspaper of general circulation in the City and the proposed annexation area, and through posting of a hearing notice in three public places within the territory proposed for annexation, specifying the time and place of the hearing and inviting interested persons to appear and voice approval or disapproval of the annexation and the property's future comprehensive plan land use designation; and WHEREAS, the City Council has been fully advised and finds that all statutory requirements have been satisfied in order to accomplish the proposed annexation and that it is in the best interest of the City to approve the proposed annexation as presented and require the assumption of all or any portion of City indebtedness by the area to be annexed; now, therefore, Ordinance No. 024-09 Page 4 of 6 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. The unincorporated real property located in Kitsap County, Washington, contiguous to the City of Port Orchard and legally described and geographically depicted in Exhibit "A" attached hereto and incorporated herein by this reference, is hereby annexed to and made part of the City of Port Orchard, Kitsap County, Washington. SECTION 2. As provided in the annexation petition, all property within the territory annexed shall be assessed and taxed at the same rate and on the same basis as other property within the City of Port Orchard, including assessments or taxes in payment of all or any portion of the outstanding indebtedness of the City contracted for, incurred prior to, or existing on, the effective date of this annexation. SECTION 3. Based on the findings of fact set forth in the above recitals, the City Council hereby determines that an emergency exists justifying the adoption of interim zoning controls for parcels 112301-1-026-2003,112301-1-025-2004, 112301-1-024-2005, and 112301-1-021-2oo8, as depicted on Exhibit "B" attached hereto and incorporated by this reference. Pursuant to RCW 35.63.200, there is hereby adopted an interim Comprehensive Plan designation of Residential: High Density and an interim Zoning designation of "R2o" for parcels 112301-1-026-2003, 112301-1-025-2004, 112301-1-024- 2005, and 112301-1-021-2oo8. As long as the interim zoning controls are in effect, all land use and development within the Property shall be subject to the City's land use and development regulations in effect for "R2o" single/multiple family detached/attached zoning. SECTION 4. Based on the findings of fact set forth in the above recitals, the City Council hereby determines that an emergency exists justifying the adoption of interim zoning controls for parcel 112301-1-045-20oo as depicted on Exhibit "B" attached hereto and incorporated by this reference. Pursuant to RCW 35.63.200, there is hereby adopted an interim Comprehensive Plan designation of Public and Community Spaces and an interim Zoning designation of Community Facilities for parcel 112301-1-045-2000. As long as the interim zoning controls are in effect, all land use and development within the Property shall be subject to the City's land use and development regulations in effect for of Community Facilities SECTION 5. The interim designation of Residential: High Density and Zoning designation of "R2o" single/multiple family detached/attached for parcels 112301-1-026- 2003, 112301-1-025-2004, 112301-1-024-2005, and 112301-1-021-2oo8 and the interim designation of Public and Community Spaces and an interim Zoning designation of Community Facilities for parcel 112301-1-045-2000 shall be included in the City's annual Ordinance No. 024-09 Page 5 of 6 Comprehensive Plan amendment process for 2010 for review and designation as appropriate. The interim zoning controls shall take effect upon annexation to the City. SECTION 6. This annexation will become effective thirty (3o) days after the expiration of the 45-day review by Kitsap County Boundary Review Board, if the Kitsap County Boundary Review Board's jurisdiction is not invoked. If Boundary Review Board jurisdiction is invoked pursuant to RCW 36.93.100, then this annexation will become effective thirty (3o) days after the Boundary Review Board's approval of the proposed annexation. SECTION 7. Pursuant to RCW 35.13.270, following adoption of this ordinance, the Planning Department shall provide notification, by certified mail, that includes a list of annexed parcel numbers, to the Kitsap County Treasurer and Kitsap County Assessor at least thirty (3o) days before the effective of the annexation. The Planning Department shall also give such notice to the Fire District and Library District, as appropriate, simultaneously when notice of the proposed annexation is provided to the Kitsap County Boundary Review Board. SECTION 8. Following adoption of this ordinance, the City Clerk is hereby directed to file a certified copy of this Ordinance with the Kitsap County Board of Commissioners. The Clerk is further directed to file a certificate of annexation with the State Office of Financial Management as directed by RCW 35.13.26o. SECTION A. Following adoption of this annexation ordinance, the City shall file a Notice of Intent to Annex with the Kitsap County Boundary Review Board pursuant to RCW 36.93.090. SECTION io. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION n. 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 maybe published in lieu of the entire ordinance, as authorized by State Law. Ordinance No. 024-09 Page 6 of 6 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 13th day of October 2009. ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor Sponsored by: Gregory A. Jacoby, City Attorney Rob Putaansuu, Councilmember Dui(, City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7A Subject: Adoption of Ordinance No. 024-09, Approving the Annexation Request for Geiger 2 Property, File No. A-21-on Meeting Date: Prepared by: Atty Routing No: Atty Review Date: October 13, 2009 James R. Weaver. Development Director NA NA Summary: A public hearing was conducted earlier this evening regarding City Council Ordinance No. oXX-o9, for the annexation of nine parcels which total approximately 18.18 acres, and the associated rights -of -way, located in the vicinity of the intersection of Sedgwick Road (State Route 16o) and Geiger Road, within Section 2 and Section 11, Township 23 North, Range 1 East, W.M., Kitsap County, Washington, (Tax Parcel Nos. 112301-1-028-2001, 112301-1-027-2002, 112301-1-020-2009, 112301-1-033-2004, 112301-1-026-2003, 112301-1-025-2004, 112301-1- 024-2005, 112301-1-021-2oo8, and 112301-1-045-2000). With approval of this ordinance, these properties will have interim City of Port Orchard Zoning and Comprehensive Plan designations as follows: a Comprehensive Plan designation of Commercial and Commercial Retail/Office zoning for Tax Parcels 112301-1-028-2001, 112301-1-027-2002, 112301-1-020-20o9, and 112301-1-033-2004; a Comprehensive Plan designation of Residential: High Density and R20 zoning for Tax Parcels 112301-1-026-2003, 112301-1-025-2004, 112301-1-024-2005, and 112301-1-021-2oo8; and a Comprehensive Plan designation of Public and Community Spaces and Community Facilities zoning for Tax Parcel 112301-1-045-2000, to become effective upon annexation. Recommendation: Adopt Ordinance No. 024-09 Motion for consideration: I move to adopt Ordinance No.024-o9, approving the Geiger 2 annexation request of nine parcels that total approximately 18.18 acres and the associated public right-of-way, and the assumption of city indebtedness by the area to be annexed upon annexation. Fiscal Impact: None. Alternatives: Take no action. Attachments: Ordinance No. 024-09 CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 006-09 A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION DESIGNATING PROPERTY COMMERCIAL, RESIDENTIAL: HIGH DENSITY, AND PUBLIC AND COMMUNITY SPACES ON THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP; AND COMMERCIAL: RETAIL -OFFICE, RESIDENTIAL R20, AND COMMUNITY FACILITIES ON THE CITY OF PORT ORCHARD ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION. THE PROPERTY IS LOCATED WITHIN UNINCORPORATED KITSAP COUNTY, IN THE VICINITY OF SEDGWICK ROAD AND GEIGER ROAD, EAST OF STATE HWY 16, WITHIN SECTION 2 AND SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. TAX PARCEL NOS.: 112301-1-028-2001, 112301-1-027-2002, 112301-1-026-2003, 112301-1- 025-2004, 112301-1-024-2005, 112301-1-020-2009, 112301-1-021-2008, 112301-1-045-2000, AND 112301-1-033-2004. WHEREAS, the applicants submitted a petition for annexation of nine parcels, totaling approximately 18.18 acres, and the associated rights -of -way, located in the vicinity of the intersection of Geiger Road and Sedgwick Road; and WHEREAS, in December 2006 Kitsap County included the property legally described and geographically depicted in Exhibit "A" ("the Property") to the Port Orchard Urban Growth Area (UGA) and designated the Property in the County comprehensive plan as Urban Low -Density Residential; and WHEREAS, RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon the annexation of any area which might reasonably be expected to be annexed by the City at any future time; and WHEREAS, the Planning Commission held a Public Meeting for the zoning/comp plan designation on September 21, 2009; and WHEREAS, the Planning Commission heard testimony regarding the proposal from the applicant, staff and the public; and WHEREAS, being fully advised, the Planning Commission finds and concludes as follows: FINDINGS 1. A complete Petition for Annexation of the Property into the City was received on August 17, 2009. 2. The Property is located with the City's Urban Growth Area and is contiguous to the City limits. 3. Parcels 112301-1-028-2001, 112301-1-027-2002, 112301-1-020-2009, and 112301-1-033-2004 are currently designated Highway/Tourist Commercial in the County Comprehensive Plan and Highway/Tourist Commercial (10-30 DU/Ac) on the County zoning map; and Parcels 112301-1-026-2003, 112301-1-025-2004, 112301-1-024-2005, 112301-1-021-2008, and 112301-1-045-2000 are currently designated Urban Low -Density Residential in the County Comprehensive Plan and Urban Low Residential (4-9 DU/Ac) on the County zoning map. 4. The Property will be served by adequate public sewer, water supply, roads, and other needed public facilities and services. 5. The Property will have access from Sedgwick Road and Geiger Road. 6. The Property is adjacent to areas of Commercial and Residential High Density comprehensive plan designations in the City of Port Orchard. 7. The Growth Management Act requires that upon approval of an annexation request, the City give a Comprehensive Plan and Zoning designation to the subject properties. 8. The purpose of the High Density Residential Comprehensive Plan Designation and single/multiple family detached/attached zone (1120 up to 20.0 units/net useable acre) is to (a) allow high density residential development in urban locations where public services and facilities are most available; (b) implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and (c) efficiently use residential land, public services, and energy. 9. The purpose of the Community Facilities zone is to specifically separate and control those public, semi-public, institutional, and private facilities and services that prime and make feasible centers of urban use. It is also the purpose of this zone to coordinate these uses to the extent that they are serving to prime the same direction, magnitude, orientation and form of urban growth to avoid waste, inefficiency or contradiction. 10. The Commercial zoning designation provides the most comprehensive list of uses that support the goals and policies of not only economic sections of the Comprehensive plan and also supports a portion of the housing goals by providing the framework for creation of affordable housing units. CONCLUSIONS 1. The most appropriate comprehensive plan designation is Commercial with Commercial Retail/Office zoning for parcels 112301-1-028-2001, 112301-1-027-2002, 112301-1-020- 2009, and 112301-1-033-2004. 2. The most appropriate comprehensive plan designation is Residential: High Density with R20 zoning for parcels 112301-1-026-2003, 112301-1-025-2004, 112301-1-024-2005, and 112301-1-021-2008. 3. The most appropriate comprehensive plan designation is Public and Community Spaces with Community Facilities zoning for Parcel 112301-1-045-2000. 4. Designating the Property Commercial, Residential: High Density, and Public and Community Space is in conformance with the goals and policies of the Comprehensive Plan and the Growth Management Act. 5. Designating the Property Commercial, Residential: High Density, and Public and Community Space is in furtherance of the health, safety, and general welfare of the community. 6. Zoning for the Geiger 2 annexation as Commercial, R20, and Community Facilities is consistent with the City's Municipal Code: Title 16 Land Use Regulatory Code and its Comprehensive Plan, and is in furtherance of the health, safety, and general welfare of the community. NOW, THEREFORE, BE IT RESOLVED THAT: The Planning Commission of the City of Port Orchard hereby recommends that the City Council approve the application for a Comprehensive Plan designation of Commercial and Commercial Retail/Office zoning for Tax Parcels 112301-1-028- 2001, 112301-1-027-2002, 112301-1-020-2009, and 112301-1-033-2004; a Comprehensive Plan designation of Residential: High Density and R20 zoning for Tax Parcels 112301-1-026-2003, 112301-1-025-2004, 112301-1-024-2005, and 112301-1-021-2008; and a Comprehensive Plan designation of Public and Community Spaces and Community Facilities zoning for Tax Parcel 112301-1-045-2000 to be effective upon annexation. PASSED by the Planning Commission of the City of Port Orchard this 21st day of September, 2009. Planning Commission Chair ATTEST: R. Weaver, City Development Director Introduced by: Andrea Archer, P.E. Requested by: Andrea Archer, P.E. Drafted by: Andrea Archer, P.E. Introduced: October 13, 2009 Adopted: October 13, 2009 RESOLUTION NO. 095-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE DEPARTMENT OF ECOLOGY FOR THE FY 2010-2011 PHASE II STORMWATER PASS -THROUGH GRANT WHEREAS, In August the City received notification that a Phase II Stormwater Pass -through Grant had been offered to the City; and WHEREAS, the grant is a $50,000 grant, no City match required, to be used in compliance with the City's Phase II National Pollution Discharge Elimination System (NPDES) Permit; and WHEREAS, the grant will be used in 2010 to fund an Engineering Tech II position to develop a report to plan for monitoring on the next permit cycle, perform mapping or geographic information systems of municipal separate storm sewer systems (MS4s) for the illicit discharge detection and elimination section of the NPDES Permit, and perform public education and outreach activities; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Council authorizes the Mayor to sign the grant agreement for the FY 2010-2011 Phase II Stormwater Pass - Through Grants Program Agreement between the State of Washington Department of Ecology and the City of Port Orchard. 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 13th day of October 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Auenda Staff Report Agenda Item No. Business Item 7B Meeting Date: Subject: Adoption of Resolution No. 095-09, Prepared by: Authorizing the Mayor to Execute a an Agreement with the Department Atty Routing No: of Ecology for the FY 2010-2011 Atty Review Date: Phase II Stormwater Pass -through Grant October 13, 2009 Andrea Archer, P.E. Assistant City Engineer NA NA Summarv: In August the City received notification that a Phase II Stormwater Pass -through Grant had been offered to the City. The grant is a $50,000 grant, no City match required, to be used in compliance with the City's Phase II National Pollution Discharge Elimination System (NPDES) Permit. On September 18 Staff brought this grant forward at Utility Committee for direction. The direction Staff received was to utilize the grant in 2010 to fund an Engineering Tech II to aid in the implementation of the NPDES Permit. The position would complete the following: • Develop a report to plan for monitoring on the next permit cycle. With the McCormick Woods annexation, the City passed the threshold population number to implement monitoring on the next permit cycle which will begin in 2012. • Mapping or geographic information systems of municipal separate storm sewer systems (MS4s) for the illicit discharge detection and elimination section of the NPDES Permit. This is a continuation of activities that will begin this year and continue into next year. • Perform public education and outreach activities, an example would be informing businesses on the do's and don'ts of how to properly dispose of chemicals, mop water, and grease. Recommendation: Staff recommends the Council approve the resolution and authorize the Mayor to sign the grant agreement for the FY 2010-2011 Phase II Stormwater Pass -Through Grants Program Agreement between the State of Washington Department of Ecology and the City of Port Orchard. Motion for consideration: I move to adopt Resolution No. 095-o9, authorizing the Mayor to sign the grant agreement for the FY 2010-2011 Phase II Stormwater Pass -Through Grants Program Agreement between the State of Washington Department of Ecology and the City of Port Orchard. Fiscal Impact: None, this is a no match required grant. Alternatives: Council has the option to refuse the grant and return the money to Department of Ecology; however this is not Staffs recommendation. Attachments: Resolution No. 095-09 Grant Agreement ■ S�L T IN S Engineers Planners September 16, 2009 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Attn: Mark R. Dorsey, PE Public Works Director Subject: Comprehensive Sanitary Sewer Plan Update Tremont Relief Sewer Final Design Gentlemen: BHC Consultants, LLC 1601 Fifth Avenue, Suite 500 Seattle, WA 98101 206 . 505.3400 206 . 505.3406 (fax) This scope describes the estimated effort for final design of the sewer upgrade. Such service as may be required for construction bid advertisement, contract award, or during construction would be additional. Plan and profile drawings would be prepared at scales of 1:40 horizontal and 1:5 feet vertical. We estimate that the drawings will show about 300 horizontal feet on May Street, about 600 feet on Roland Avenue, and about 900 feet on Tremont Street. Accordingly, the drawing set will include approximately the following sheets: 1 — Title, Index, Location Map, Vicinity Map 2 — General Notes, Traffic Control 3 — Survey Control, Temporary Erosion & Sediment Control 4 — May Street Plan and Profile 5 — Roland Avenue Plan and Profile 6 — Tremont Street Plan and Profile 1 7 — Tremont Street Plan and Profile 2 8 — Manhole Connection Details 9 — General Details 10 — Pavement Section and Details Drawings will be prepared in AutoCAD 2009. Specification will be edited from the WSDOT `Standard Specifications: 2008'. An engineers' opinion of probable construction cost will be provided. All of the sewer and street reconstruction work will be performed within the City of Port Orchard and BHC assumes that all permits will be provided by the City. BHC Consultants, LLC Comprehensive Sanitary Sewer Plan Update Tremont Relief Sewer Final Design September 16, 2009 Page 2 The final design will be based on the work completed during our proposed Pre -Design Report. Following City approval of that Report and authorization to proceed, we expect to start final design without the need for an initial project meeting. We will provide two sets of review documents with half-size plans for two review meetings with the City as the design proceeds: 1. 60 Percent review when most of the design drawings are well started and key specification sections have been drafted. 2. 90 Percent review when the design is essentially complete and a draft opinion of construction costs is available. The completed final design will be provided with two full-size plan sets plus a pdf disc of the plans and specifications. BHC will undertake to complete the above work program within three months of notice to proceed. Our estimate of the cost to complete the final design services for the Tremont Relief Sewer as described herein will be about $52,000. Sincerely, BHC Consultants, LLC John C. Wilson, PE Project Manager BHC Consultants, LLC CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 13th day of October, 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 BHC Consultants, LLC ("CONSULTANT") 1601 Fifth Avenue, Suite 500 Seattle, WA 98101 Contact: John C. Wilson, P.E. Phone: 206.505.3400 Fax: 206.505.3406 Tax Id No. 26-1363237 for professional services in connection with the following Project: Tremont Sewer Pre -Design Report and Final Design (PS&E) 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 & B." 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 & B." 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 October 14, 2009 ("Commencement Date") and shall terminate May 31, 2010 unless extended or terminated in writing as provided herein. 1 of 6 4. Compensation TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $93,200.00 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 2 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. 3 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 O1 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 ANII. E. Verification of Coverage 4 of 6 12. 13 14. 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. 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. Independent Contractor Consultant is and shall be at all times during the term of this Agreement an independent contractor. 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 15. Disputes 16. John C. Wilson, PE BHC Consultants, LLC 1601 Fifth Avenue, Suite 500 Seattle, WA 98101 Phone: 206.505.3400 Fax: 206.505.3406 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. 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. 5 of 6 CITY OF PORT ORCHARD, CONSULTANT WASHINGTON By: Date: Lary Coppola Name: Mayor Title: Attest: LE Patricia J. Kirkpatrick, CMC City Clerk Date: 6 of 6 Engineers Planners September 16, 2009 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Attn: Mark R. Dorsey, PE Public Works Director Subject: Comprehensive Sanitary Sewer Plan Update Tremont Sewer Pre -Design Report Gentlemen: BHC Consultants, LLC 1601 Fifth Avenue, Suite 500 Seattle, WA 98101 206.505.3400 206.505.3406 (fax) www.bhcconsultants.com This proposal describes the scope of services for the pre -design engineering services associated with upgrading the existing sewer in Tremont Street. This scope does not include final design of the sewer upgrade or services during construction. Upgrade of the Tremont sewer will precede as an initial phase of the Tremont Street Widening Project being designed by Berger/ABAM, which includes construction of a traffic round -about at the Pottery -Tremont intersection. The sewer upgrade will involve the deepest excavation in the Tremont right-of-way. By addressing the Tremont sewer upgrade through an initial phase, street improvements for Tremont will be simplified. Additional sewer pipe capacity is needed for development planned in the South Basin in the Sedgwick-Sidney vicinity. This new sewer will be routed north along Pottery Avenue. By turning east along May Street and then north along Roland Avenue to Tremont Street the busy Pottery -Tremont intersection can be avoided. Tremont -Roland -May -Pottery will be the detour route while construction occurs for the Pottery - Tremont round -about. The Pre -design Report will identify issues and evaluate alternative preliminary designs of the Tremont Sewer Upgrade so that the actual design can be expedited with sewer service being maintained during construction. The tasks to be performed for the pre -design Report are identified below. Task 1: Project Initiation City Responsibilities: Provide record drawings of sewers in Tremont Street, May Street, Pottery Avenue and Roland Avenue plus current preliminary design status of Tremont Street from Pottery Avenue to Port Orchard Boulevard Page 1 BHC Consultants, LLC City of Port Orchard Comprehensive Sanitary Sewer Plan Update Tremont Sewer Pre -Design Report September 16, 2009 1.1 Review record drawings and available documents for existing conditions in Tremont, Pottery, May and Roland as well as future projected flows from the west and south projected for the future into the Tremont sewer. 1.2 Conduct initial project meeting (Meeting 1) with City staff and BHC Consultants team members to discuss project goals, key issues, and strategy for completion of the project by setting key milestone dates. 1.3 Coordinate the Tremont sewer project concept with Berger/ABAM team designing the Tremont Street widening. BHC Deliverables: Minutes of initial meeting and Berger/ABAM coordination notes in pdf format Task 2: Field Survey City Responsibilities: Field survey prepared for Tremont Street from Pottery Avenue to Port Orchard Boulevard 2.1 Conduct additional field survey of Pottery Avenue, May Street, and Roland Avenue to supplement survey preformed for the Tremont Street widening. 2.2 Determine sewer service elevations needed for the houses along Roland Street currently served by individual pump systems. 2.3 Reduced field notes to electronic data that can be inputted to drawing files. 2.4 Create in CAD base drawings for the portions of May Street, Roland Avenue and Tremont Street that may be affected by the sewer design. BHC Deliverables: Electronic file of survey data and base map Task 3: Geotechnical Exploration City Responsibilities: Geotechnical investigation prepared for Tremont Street from Pottery Avenue to Port Orchard Boulevard 3.1 Conduct three additional borings to develop information for the new gravity sewer: a. Pottery Avenue at May Street to about 20 feet deep b. May Street at Roland Avenue to about 25 feet deep C. Roland Avenue at high point between May and Tremont Streets to about 30 feet 3.2 Conduct soils testing and prepare graphics depicting boring results. 3.3 Develop preliminary geotechnical report with observations regarding construction dewatering and pavement design for detour traffic loads. BHC Consultants, LLC Page 2 City of Port Orchard Comprehensive Sanitary Sewer Plan Update Tremont Sewer Pre -Design Report September 16, 2009 BHC Deliverables: Electronic file disc of geotechnical report Task 4: Evaluation of Alternatives City Responsibilities: Review alternatives and comment as appropriate 4.1 Evaluate peak hour wastewater flow projected into the existing Tremont manhole at Roland Avenue for build -out conditions from the West Basin including McCormick Woods Pump Station 1 and associated pump stations. Compare projected flows to the capacity of the existing 15-inch PVC gravity sewer. 4.2 Evaluate the peak hour wastewater flow projected for build -out conditions from the South Basin to be routed north in Pottery Avenue, east in May Street, and north in Roland Avenue to Tremont Street. 4.3 Prepare base mapping of existing utilities and surface features in May Street from Pottery Avenue to Roland Avenue; Roland Avenue from May Street to Tremont Street; and Tremont Street from Pottery Avenue to Port Orchard Boulevard using the survey data. 4.4 Prepare profile of existing conditions in May Street from Pottery Avenue to Roland Avenue; Roland Avenue from May Street to Tremont Street; and Tremont Street from Pottery Avenue to Port Orchard Boulevard. 4.5 Analyze alignment and profile options for new sewer in May Street from Pottery Avenue to Roland Avenue and north to Tremont Street. 4.6 Analyze alignment and profile options for a relief sewer in Tremont Street from Roland Avenue to Port Orchard Boulevard. BHC Deliverables: Plan and profile drawings of sewer alternatives Task 5: Pre -Design Report City Responsibilities: Review draft Pre -Design Report 5.1 Select recommended plan and profile for the new sewer in May Street and Roland Avenue that reconnects the existing force main from the Harrison pump station and provides a stub for connection of a future pipe from the South Basin. 5.2 Select recommended plan and profile for the relief sewer in Tremont Street. 5.3 Develop preliminary street rehabilitation plan and section for May Street and Roland Avenue adequate to carry the detour traffic loads. BHC Consultants, LLC Page 3 City of Port Orchard Comprehensive Sanitary Sewer Plan Update Tremont Sewer Pre -Design Report September 16, 2009 5.4 Outline a tentative schedule for project implementation showing the key activities. 5.5 Estimate approximate project costs for recommended sewer improvements and street rehabilitation. 5.6 Provide draft Pre -Design Report to the City and to Berger/ABAM for review. 5.7 Meet with City staff to review the draft Pre -Design Report and receive comments. 5.8 Provide final Pre -Design Report to City. BHC Deliverables: Draft Pre -Design Report in two print copies plus pdf; and final Pre - Design Report in three print copies and pdf Task 6: Project Management City Responsibilities: Review status reports and process invoices for payment within 30 days of receipt 6.1 Prepare invoices at four -week intervals. 6.2 Provide status reports to summarize activities of the past period and identify any concerns that have arisen. 6.3 Coordinate work of subconsultants and their invoices. BHC Deliverables: Status reports and invoices at four -week intervals BHC Consultants, LLC Page 4 City of Port Orchard Comprehensive Sanitary Sewer Plan Update Tremont Sewer Pre -Design Report September 16, 2009 Estimate of Costs BHC proposes the following estimate of work hours and the resulting costs to accomplish the above scope of work: Work Hours Estimated Cost Task 1-Project Initiation 14 $ 2,500 Task 2-Field Survey (ESM) --- 8,300 Task 3-Geotechnical Exploration (GeoEngineers) --- 11,600 Task 4-Evaluation of Alternatives 40 6,000 Task 5-Pre-Design Report 48 7,200 Task 6-Project Management 32 4,400 Labor Total 142 $40,000 Reimbursable Expenses 800 Communications Fee 400 Total Estimated Cost $41,200 BHC will undertake to complete the above work program within three months of notice to proceed. BHC is willing to perform the above Engineering Report for a fee not to exceed $41,200. Sincerely, BHC Consultants LLC /l John C. Wilson PE Project Manager BHC Consultants, LLC Page 5 Introduced by: Public Works Director Requested by: Public Works Director Drafted by: Public Works Director Introduced: October 13, 2009 Adopted: October 13, 2009 RESOLUTION NO. o96-o9 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH BHC CONSULTANTS FOR THE TREMONT STREET SANITARY SEWER PRE - DESIGN REPORT & FINAL DESIGN (PS&E) WHEREAS, BHC Consultants, LLC are listed on the City of Port Orchard 2009 Professional Services Roster and are currently under Contract to prepare the City of Port Orchard 2009 Comprehensive Sanitary Sewer Plan Update; and WHEREAS, the Tremont Sewer Engineering Report (dated June 2009), being Change Order No. 2 to the BHC Contract referenced above, identified the need for additional sanitary sewer upgrades within the "future" Tremont Street Widening Project corridor not currently being addressed by the Berger/Abam Tremont Street Widening Project (STPUS-6610 004) scope; and WHEREAS, on September 18, 2009 the City of Port Orchard Utility Committee directed Staff to proceed with the Tremont Street Sanitary Sewer Pre -Design Report and Final Design (PS&E) using the BHC Consultant, LLC proposal NTE $93,200.00; 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 BHC Consultants, LLC for the Tremont Street Sanitary Sewer Pre - Design Report and Final Design (PS&E) project 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 13th day of October 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7C Subject Adoption of Resolution No. o96-o9, Authorizing the Mayor to Execute a Contract with BHC Consultants for the Meeting Date: October 13, 2009 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: Tremont Street Sewer Pre -Design & Atty Review Date: PS&E NA NA Summary: BHC Consultants, LLC are listed on the City of Port Orchard 2009 Professional Services Roster and are currently under Contract to prepare the City of Port Orchard 2009 Comprehensive Sanitary Sewer Plan Update. The Tremont Sewer Engineering Report (dated June 2oo9), being Change Order No. 2 to the BHC Contract referenced above, identified the need for additional sanitary sewer upgrades within the "future" Tremont Street Widening Project Corridor, not currently being addressed by the Berger/Abam Tremont Street Widening Project (STPUS-6610- 004) scope. On September 18, 2009, upon review by the City of Port Orchard Utility Committee, staff was directed to proceed with the Tremont Street Sanitary Sewer Pre -Design Report and Final Design (PS&E) using the BHC Consultant, LLC proposal of $93,200. Recommendation: Staff recommends that the City Council authorize the Mayor to execute a contract with BHC Consultants, LLC in an amount not to exceed $93,200, for the Tremont Street Sanitary Sewer Pre -Design Report and Final Design (PS&E). Motion for consideration: I move to adopt Resolution No. o96-o9, authorizing the Mayor to execute a contract with BHC Consultants, LLC in an amount not to exceed $93,200, for the Tremont Street Sanitary Sewer Pre -Design Report and Final Design (PS&E). Fiscal Impact: Reallocation of a 20o9 budgeted item within Water/Sewer Alternatives: None Attachments: Resolution No. o96-o9 Contract Exhibit A — BHC Consultants, LLC Proposal (dated 9/16/2009) Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 097-09 Public Works Director Public Works Director Public Works Director October 13, 2009 October 13, 2009 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH TECHNICAL SYSTEMS, INC. (TSI) FOR THE 2009 SANITARY SEWER LIFT STATION TELEMETRY WHEREAS, pursuant to City of Port Orchard Resolution No. 1912, Section to (c) the City may use single source procurement to maintain the integrity of an electrical and/or telemetry system; and WHEREAS, Technical Systems, Inc. (TSI) submitted a single -source proposal NTE $97,000.00 (including tax & bond costs) for five (5) sanitary sewer lift station telemetry additions, located at Harrison Hospital, Canyon Court, Golden Pond, Eagle Crest and Flower Meadow; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HERESY RESOLVES AS FOLLOWS: THAT: The City Council authorizes the Mayor to execute a contract (Exhibit A incorporated herein by reference) with Technical Systems, Inc. (TSI) for the 2009 Sanitary Sewer Lift Station Telemetry Additions. 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 13th day of October 2009. Lary Coppola, Mayor r NAMW Patricia J. Kirkpatrick, CMC, City Clerk and CITY OF PORT ORCHARD SMALL WORKS CONSTRUCTION CONTRACT NO. C062-09 THIS Agreement is made effective as of the 14th day of October, 2009, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Lary Coppola Technical Systems, Inc. (TSI) 2303 1961h Street SW Lynwood, WA 98036 Contact: Andrew Palmberg, P.E. Tax Id No.: 91- 0859628 for the following Project: Phone:360.876.4407 Fax: 360.895.9029 ("CONTRACTOR") Phone: 425.775.5696 2009 Sanitary Sewer Lift Station Telemetry Additions The City and Contractor agree as follows: Fax: 425.775.9074 ("PROJECT") 1. Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the "Contract Documents": a. This Agreement signed by the City and Contractor; b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2000 edition, together with APWA Supplement (1-99), subject to specific provisions contained within the Public Works Terms and Conditions. c. The attached Special Provisions, Plans and Specifications; d. Written change orders or orders for minor changes in the Work issued after execution of this Agreement, e. Public Works Terms and Conditions; f. Insurance and Bonding Requirements; and City of Port Orchard and TSI, Inc. Small Works Contract Page I of 14 g. The bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-f, and The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be October 14, 2009. The Contractor shall substantially complete the Work not later than December 31, 2009 subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. 4. Subject to additions and deductions by change order, the construction contract sum is amount NTE $97,000.00 (applicable sales tax & bond costs included.) The construction contract sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this contract. 5. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and the amounts set forth in the Construction Contract Documents. 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by himself, his employees, and sub -contractors. 7. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. City of Port Orchard and TSI, Inc. Small Works Contract Page 2 of 14 IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD CONTRACTOR Lary Coppola, Mayor By: Its: ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney City of Port Orchard and TSI, Inc. Small Works Contract Page 3 of 14 CERTIFICATE AS TO CORPORATE PRINCIPAL I, (Corporate Officer (Not Contract Signer)) certify that I am the (Corporate Title) of the corporation named as Contractor in the Agreement attached hereto; that , (Contract Signer) who signed said Agreement on behalf of the Contractor, was then (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal Corp. officer signature (not contract signer) Printed Title State of ) County of ) , (corporate officer (not contract signer)) being duly sworn, deposes and says that he/she is (Corporate Title) of (Name of Corporation) Subscribed and sworn to before me this day of 20 Notary Public (Signature) Notary Public (Print) My commission expires City of Port Orchard and TSI, Inc. Small Works Contract Page 4 of 14 CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2000 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this contract, and they are by reference made an integral part of these specifications and contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. 1. BID PRICE: The bid price(s) shall include all necessary permits, and fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best responsible bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder" means the person, firm or corporation that has made an offer in response to the invitation to bid. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the contract documents, at City of Port Orchard and TSI, Inc. Small Works Contract Page 5 of 14 the prices bid and within the time set forth therein with the understanding that time is of the essence in the performance of this contract. 8. TAXES: Proposals shall include all applicable taxes except sales tax which is a separate bid item. It shall be the bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. 10. PERMITS AND FEES: The contractor shall furnish all permits, inspection fees, and fees required in the performance of this contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries works for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 11. CONTRACT: The Contract, when properly signed, will be the only form which will be recognized by the City as an award. The executed contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 12. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 13. INDEMNIFICATION: All services to be rendered or performed under contract will be rendered or performed entirely at the Contractor's own risk. The Contractor expressly agrees to indemnify and hold harmless the City and all its officers, agents, employees or otherwise from any and all claims, including but not limited to reasonable attorney fees, demands, losses and liabilities to or by third parties arising from, resulting from or connected with the express or implied obligations of the Contractor, its agents or employees under this contract to the fullest extent permitted by law. The Contractor's duty to indemnify the City shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the City, its agents or employees. The Contractor's duty to indemnify the City for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of (a) the City, its agents or employees, and (b) Contractor, its agents or employees shall apply only to the extent of negligence of the Contractor or its agents or employees. Contractor's duty to defend, indemnify and hold the City harmless shall include, as to all claims, demands, losses and liability to which it applies, the City's personnel -related costs, reasonable attorney's fees, court costs and all other claim -related expenses. The Contractor's indemnification shall specifically include all claims for loss liability because of wrongful payments under the Uniform Commercial Code, or other statutory or contractual liens or rights or third parties, including taxes, accrued or accruing as a result of this contract or work performed or materials furnished directly or indirectly because of this contract. Contractor further agrees that this duty to indemnify City applies regardless of any provisions in City of Port Orchard and TSI, Inc. Small Works Contract Page 6 of 14 RCW Title 51 to the contrary, including but not limited to any immunity of Contractor for liability for injuries to Contractor's workers and employees, and/or Worker's Compensation; and Contractor hereby expressly waives any such immunity. 14. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the contract documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re -procuring similar products or services; 3) for convenience of the City; or 4) by the City for non -appropriation of funds. 15. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the contract between the parties by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are discharged, but any right based upon breach or performance occurring prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such excess; 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or 3), above, shall constitute full payment and consideration for the services performed by the Contractor prior to termination. 16. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, not withstanding any previous custom, practice, or course of dealing to the contrary. 17. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the contract. City may withhold payment for such work until work meets the requirements of the Contract. City of Port Orchard and TSI, Inc. Small Works Contract Page 7 of 14 CITY OF PORT ORCHARD INSURANCE REQUIREMENTS Contractor shall furnish and maintain all insurance as required herein (or by attachment) and comply with all limits, terms and conditions stipulated therein (or by that attachment), at their expense, for the duration of the contract. Any exclusions must be pre- approved by the City. Work under this contract shall not commence until evidence of all required insurance and bonding is provided to the City. The Contractor's insurer shall have a minimum A.M. Best's rating of A- and shall be licensed to do business in the State of Washington. The insurance policy or policies will not be canceled, materially changed or altered without forty five (45) days prior notice submitted to the City. The policy shall provide and the certificate shall reflect that the insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. The policy shall be endorsed and the certificate shall reflect that the insurance afforded therein shall be primary insurance and any insurance or self-insurance carried by the City shall be excess and not contributory insurance to that provided by the contractor. REQUIRED COVERAGE: The insurance shall provide the minimum coverage as set forth below, all coverage $1,000,000.00 per occurrence with no deductible. GENERAL LIABILITY INSURANCE: The Contractor shall have Commercial General Liability with limits of $1,000,000.00 per occurrence and at least $2,000,000.00 in the annual aggregate, which includes general aggregate, products, completed operation, personal injury, fire damage and medical expense. ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must state that the City of Port Orchard, it's officers, agents and employees, and any other entity specifically required by the provisions of the Agreement will be specifically named additional insured(s) for all coverage provided by this policy of insurance and shall be fully and completely protected by this policy from all claims. Language such as the following should be used "CITY OF PORT ORCHARD, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED ADDITIONAL INSURED AS RESPECTS TO PROJECT NUMBER (insert project number here)." PROOF OF BUSINESS AUTOMOBILE INSURANCE: The Contractor shall have Business Automobile Liability with limits of $1,000,000.00 combined single limit. WORKERS COMPENSATION: If applicable, the Contractor shall show proof of Worker's Compensation coverage by providing its State Industrial Account Identification Number. Provision of this number will be the Contractor's assurance that coverage is in effect. PROOF OF INSURANCE: The Contractor shall not commence work, nor shall the Contractor allow any subcontractor to commence work on any subcontract until a Certificate of Insurance, meeting the requirements set forth above, has been provided to the City. Upon request, the Contractor shall forward to the City the original policy, or endorsement obtained, to the Contractor's policy currently in force. City of Port Orchard and TSI, Inc. Small Works Contract Page 8 of 14 FAILURE OF COVERAGE: Failure of the Contractor to fully comply with the above insurance requirements during the term or the contract shall be considered a material breach of contract and cause for immediate termination of the contract at the City's discretion. Alternatively the City may procure and maintain, at the Contractor's sole expense, insurance to the extent deemed proper up to the amount of the required coverage(s). The City may offset the cost of such insurance against payment due to the Contractor under this contract. City of Port Orchard and TSI, Inc. Small Works Contract Page 9 of 14 CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE BOND OR ADDITIONAL RETAINAGE (CONTRACTS UNDER $35,000 ONLY) Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space. The Contractor elects to: (1) Furnish a performance bond in the amount of the total contract sum. An executed performance bond on the required form is included with the executed contract documents. (2) Have the City retain, in lieu of the performance and payment bonds, fifty percent (50%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010. In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. Contractor Signature, Date Bond No. City of Port Orchard and TSI, Inc. Small Works Contract Page 10 of 14 CITY OF PORT ORCHARD PERFORMANCE BOND Know all men by these presents: That whereas the City of Port Orchard, State of Washington has awarded to (Contractor) hereinafter designated as the "Principal' a contract for the construction of the project designated , Project No. Port Orchard, Washington all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and (Surety), a corporation, organized and existing under and by virtue of the laws of the State of , duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Port Orchard, Washington, in the sum of: Dollars ($ ) Total Contract Amount lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and material men, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or their part, and shall indemnify and save harmless the City of Port Orchard, Washington, their officers and agents from any claim for such payment; and shall further save harmless and indemnify said City of Port Orchard, Washington, from any defect or defects in any of the workmanship entering into any part of the work or designated equipment covered by said contract, which shall develop or be discovered within one (1) year after the final acceptance of such work, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect; provided that the liability hereunder for defects in materials and workmanship for a period of one (1) year after the acceptance of the works shall not exceed the sum of: Dollars ($ ) Total Contract Amount And the said surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its City of Port Orchard and TSI, Inc. Small Works Contract Page I I of 14 obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five per cent (25%) of the original amount of this bond without the consent of the Surety. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two (2) counterparts thereof to be signed and sealed by their duly authorized officers this day of , 20 Principal By Signature Printed Title ATTEST: (if corporation) Surety By Signature Printed Title Name and Address of local office/agent of Surety Company is: By Title Approved As To Form: City Attorney City of Port Orchard and TSI, Inc. Small Works Contract Page 12 of 14 CITY OF PORT ORCHARD PAYMENT BOND Know all men by these presents: That whereas the City of Port Orchard (City or Owner), State of Washington has awarded to (Contractor) hereinafter designated as the "Principal" a contract for the construction of the project designated , Project No. Port Orchard, Washington all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and (Surety), a corporation, organized and existing under and by virtue of the laws of the State of , duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Port Orchard, Washington, in the penal sum of: Dollars ($ ) Total Contract Amount lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with the Owner, dated the of , a copy of which is hereto attached and made a part hereof for the construction of - NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal, and coke; repairs on machinery, equipment, and tools consumed or used in connection with the construction of such work; and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Lo Witness as to Surety Address Attorney -in -Fact Address NOTE: Date of Bond must not be prior to date of Contract, If Contractor is Partnership, all Partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. City of Port Orchard and TSI, Inc. Small Works Contract Page 13 of 14 DECLARATION OF OPTION FOR MANAGEMENT OF STATUTORY RETAINED PERCENTAGE Note: This form must be submitted at the time the Contractor executes the contract. Contractor shall designate the option desired by checking the appropriate space. Monies reserved under provisions of RCW 60.28, at the option of the Contractor, shall be: (1) Retained in a fund by the Owner. (2) Deposited by the Owner in an interest -bearing account in a bank, mutual savings bank or savings and loan association. (3) Placed in escrow with a bank or trust company by the Owner.* When the monies reserved are to be placed in escrow, the Owner will issue a check representing the sum of the monies reserved payable to the bank or trust company and the Contractor jointly. Such check shall be converted into bonds and securities chosen by the Contractor and approved by the Owner and the bonds and securities held in escrow. The Contractor in choosing option (2) or (3) agrees to assume full responsibility to pay all costs which may accrue from escrow services, brokerage charges or both, and further agrees to assume all risks in connection with the investment of the retained percentages in securities. Contractor Signature Date *For the convenience of those Contractors choosing option (3) a City approved Form of Escrow Agreement is available upon request. The Contractor is not required to use this Escrow Agreement form, however, alternative forms will need to be approved prior to execution by the City. City of Port Orchard and TSI, Inc. Small Works Contract Page 14 of 14 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item Subject Adoption of Resolution No. 097-09, Authorizing the Mayor to Execute a Contract with Technical Systems, Inc. for the 2000 Sewer Lift Station Telemetry Meeting Date: October 13, 200 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: Atty Review Date: NA NA Summary: Pursuant to City of Port Orchard Resolution No. 1912, Section 10 (c), the City may use single source procurement to maintain the integrity of an electrical and/or telemetry system. Technical Systems, Inc. (TSI) submitted a single -source proposal in an amount not to exceed $97,00 (including sales tax & bond costs) for five (5) sanitary sewer lift station telemetry additions, located at Harrison Hospital, Canyon Court, Golden Pond, Eagle Crest, and Flower Meadow. Recommendation: Staff recommends that the City Council adopt Resolution No. 097-09, thereby authorizing the Mayor to execute a contract with TSI in an amount not to exceed $97,000, for the 2009 Sanitary Sewer Lift Station Telemetry Additions. Motion for consideration: I move to adopt Resolution No. 097-09, thereby authorizing the Mayor to execute a contract with TSI in an amount not to exceed $97,000, for the 2009 Sanitary Sewer Lift Station Telemetry Additions. Fiscal Impact: $1oo,000 budgeted within 2009 Water/Sewer Fund Alternatives: Do not adopt Resolution Attachments: Resolution No. 097-09 Contract Exhibit A — TSI Proposal (dated 9/23/2009) CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. Co63-09 THIS Agreement is made effective as of the day of , 2009, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Patti Kirkpatrick, City Clerk Phone: 360.876.4407 Fax: 360.895.9029 and ABM Janitorial Services ("CONSULTANT") 1201 S. 30th Street Tacoma, WA 98409 Contact: Susan Perry Phone: 1-800-562-6020; ext 203 Tax Id No.: 91-0889531 for professional services in connection with the following Project: Janitorial Services for the following locations: City Hall, 216 Prospect Street Port Orchard Library, 87 Sidney Avenue Port Orchard Active Club Building, 1025 Tacoma Avenue Port Orchard Public Works Shop, 1535 Vivian Court TERMS AND CONDITIONS 1. Services by Consultant/Term of Agreement A. The Term of the Professional Services Agreement shall be for one year commencing on November 1, 2oo9 and ending October 31, 2010, unless terminated earlier. The City of Port Orchard has the right to extend this Agreement for additional contract terms or portions thereof upon 3o day written notification to Consultant. The contract term extensions shall be subject to mutual agreement. Total contract duration, including extensions, shall not exceed six (6) years. B. Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. All performance requirements specified in the attached work schedule will be provided to the City of Port Orchard in a satisfactory manner. C. 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. ABM Janitorial Services Contract November 1, 2009 to October 31, 2010 Page 1 of 6 D. The City may desire to have the Consultant perform work or render additional services within the general scope of this Agreement. Such work shall be considered as Extra Work and will be specified in a written supplement to this Agreement which will set forth the nature of the scope, schedule for additional work, and the method of payment. Work under a supplemental Agreement shall not proceed until authorized in writing by the City. E. Included in the service charge will be cleaning service and equipment which will be furnished by the Consultant. The service charge does not include liners, paper supplies, cleaning supplies and toiletries, which can be furnished at the City of Port Orchard's expense and at competitive prices. 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 Exhibit "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. Compensation A. Compensation for these services shall be a Lump Sum of $5,958.85 per month. 4. 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 (6o) 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. 5. 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. ABM Janitorial Services Contract November 1, 2009 to October 31, 2010 Page 2 of 6 D. The Consultant shall provide the City with a copy of the Statement of Intent to Pay Prevailing Wage form (Original approved by the Department of Labor and Industries) E. Five (5%) percent Retainage on the total contract amount, which will be deducted per monthly invoice, will be held until termination of agreement is complete and all Federal, State and Local requirements have been met. F. 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. 6. 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 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 7. 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. 8. 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 ABM Janitorial Services Contract November 1, 2009 to October 31, 2010 Page 3 of 6 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. 9. 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. The Consultant shall indemnify the City against any claim or suit and the costs thereof brought by any of the Consultant's sub consultants or subcontractors. Nothing in this section shall be construed to create a liability or a right of indemnification in any third party. This section shall survive the expiration of this Agreement. io. Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to properly which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA oo of 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 oo of 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 A. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: to the Consultant's profession. ABM Janitorial Services Contract November 1, 2009 to October 31, 2010 Page 4 of 6 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. A. 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 (3o) days prior written notice by certified mail, return receipt requested, has been given to the City. A. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. B. Verification of Coverage 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. Consultant shall carry a janitorial bond and insurance as specified on the certificate of insurance. A copy of the bond and the insurance certificate shall be provided to the City of Port Orchard. ii. 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. 12. Independent Contractor Consultant is and shall be at all times during the term of this Agreement an independent contractor. 13. 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: Patti Kirkpatrick City Clerk/Asst to Mayor 216 Prospect Street Susan Perry Sales Representative 1201 South 30th Street ABM Janitorial Services Contract November 1, 2009 to October 31, 2010 Page 5 of 6 Port Orchard, WA 98366 Phone: 36o.876.7024 Fax: 36o.895.9029 Email: pkirkptrick@cityofportorchard.us 14. Disputes Tacoma, WA 98409 800.562.6020; ext. 203 253•383•7272 susan.perry@abm.com 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. 15. 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 attorneys fees from the other party. 16. 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. Dated this day of October, 2009. CITY OF PORT ORCHARD Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk ABM JANITORIAL SERVICES Print Name: Title: ABM Janitorial Services Contract November 1, 2009 to October 31, 2010 Page 6 of 6 Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: October 13, 2009 Adopted: October 13, 2009 RESOLUTION NO. o98-o9 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZE THE MAYOR TO EXECUTE A CONTRACT WITH ABM JANITORIAL FOR CITY HALL, LIBRARY, PUBLIC WORKS SHOP, AND ACTIVE CLUB JANITORIAL SERVICES WHEREAS, for the past two years, ABM Janitorial Services has been providing cleaning services for City Hall, Library, Active Club building and Public Works Shop; and WHEREAS, On September 25, 2009, the City requested proposals for Janitorial Services and received one bid from ABM Janitorial Services; and WHEREAS, overall, City staff has been pleased with the services provided by ABM Janitorial and look forward to continuing the working relationship. The contract allows for one-year extensions, with the extensions not to exceed six (6) years in total; and WHEREAS, The total annual contract amount for 2010 is $71,5o6.20, for an increase of $370.64 per month; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Council authorizes the Mayor to execute a contract with ABM Janitorial for City Hall, Library, Public Work Shop, and Active Club janitorial services in a monthly amount not to exceed $5,958•85• 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 13th day of October 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7E Meeting Date: October 13, 2009 Subject: Adoption of Resolution No. o98-o9, Prepared by: Patti Kirkpatrick, CMC Authorizing the Mayor to Execute a City Clerk Contract with ABM Janitorial for City Atty Routing No: 162-09 Hall, Library, Public Works Shop, and Atty Review Date: October 6, 2009 Active Club Janitorial Services Summary: For the past two years, ABM Janitorial Services has been providing cleaning services for City Hall, Library, Active Club building and Public Works Shop. On September 25, 2009, the City requested proposals for Janitorial Services and received one bid from ABM Janitorial Services. Overall, City staff has been pleased with the services provided by ABM Janitorial and look forward to continuing the working relationship. The contract allows for one-year extensions, with the extensions not to exceed six (6) years in total. ABM Janitorial provided the following monthly costs: 2009 2010 City Hall $2,443.51 $2,674.12 Library $1,581.56 $1,675.13 Active Club $ 911.53 $ 924.70 Public Works Shop $ 651.61 $ 684.90 Total Monthly Amount $5,588•21 $5,958.85 The total annual contract amount for 2010 is $71,5o6.20, or an increase of $370.64 per month. Recommendation: Staff recommends the Council authorize the Mayor to sign a contract with ABM Janitorial Services for the contract period of November 1, 2009 through October 31, 2010, in a monthly amount not to exceed $5,958•85• Motion for consideration: I move to adopt Resolution No. o98-o9, authorizing the Mayor to sign a contract with ABM Janitorial Services for the contract period of November 1, 2009 through October 31, 2010, in a monthly amount not to exceed $5,958•85• Fiscal Impact: An increase to the 2olo budget of $370.64 per month. Alternatives: Not approve the extension and direct staff to rebid for janitorial services. Attachments: Resolution No. o98-o9 Draft contract for professional services CITY OF PORT ORCHARD City Clerk �mFie �j jyj s 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4407 • Fax: (36o) 895-9029 pkirkpatrick@cityofportorchard.us www.cityofportorchard.us TO: City Council FROM: Port Orchard Lodging Tax Advisory Committee (LTAC) RE: Recommendation of 20io Lodging Tax Allocation/Recommendations DATE: October 13, 2009 Committee Members: Chair Fred Chang, Stephen Saffel, Days Inn, Chan Park, Comfort Inn, Heather Cole, Hidden Treasures Bed and Breakfast, Al Mahaney, Fathom O'Fun, John Ready, Port Orchard Bay Street Association and Brian Sauer, Port of Bremerton. Staff present: Deputy City Clerk Rinearson. Audience: Mallory Jackson and Patti Kirkpatrick who left at 1:35 p.m. The City of Port Orchard Lodging Tax Advisory Board met on September 18, 2oo9, at City Hall, at i:oo p.m. The City Treasurer projected the lodging tax revenues for the 20io budget year at $62,000. Based upon that figure, the LTAC would have $62,000, to distribute among the 2010 applicants. Based upon the City Treasurer's projected 2010 budget year Lodging Tax Revenue of $62,000, the Lodging Tax Advisory Board makes the following funding recommendations: The Committee chose to look at funding to the 2olo applicants based upon whether the applicant brings tourism and heads to beds being the main criteria. 2010 Lodging Tax Request Recommendation Bay Street Association $ 8,615 $6,400 10% City Clerk/Tourism Marketing Director Position $50,000 $3,900 6% City of Port Orchard Tourism Committee $9,500 $1,900 3% Festival of Chimes and Lights $10,000 $3,900 14% Fathoms O'Fun Festival $10,500 $8,9oo 14% Fathoms O'Fun Concerts by the Bay Committee $5,000 $4,600 7% Kitsap Peninsula Visitor & Convention Bureau $20,000 $900 1% Port of Bremerton $ 1,000 $900 1% Port of Bremerton/Kitsap Harbor Festival* $12,500 $8,9oo 14% Port Orchard Chamber of Commerce $29,232 $17,900 29% Saints Car Club $ 2,200 $1,900 3% Sidney Museum & Arts Association $10,200 $1,900 3% $168,747 $62,000 *New applicant It should be noted that the City Treasurer is not projecting a "Cash" reserve to carry over into the 2010 funding cycle. Committee members discussed the purpose of Lodging Tax Revenue funding, changes to the requirements for eligibility to receive funding, and allowable uses of the monies. Lodging tax u:\committees\LTAC\budget recommendation\2010\2010 Hotel Motel Budget Recommendation Page 1 of 4 revenues are to be used for "tourism promotion" that will attract "out of town visitors" or "tourism -related facility acquisition and operation" (RCW 67.28.1815). Committee members, by general consensus, agreed that all applications would be reviewed at line item level for compliance with eligible uses. Eligible uses were then prioritized with priority to uses that best promoted and attracted out-of-town, over -night guests to Port Orchard. The Committee felt there were duplicate efforts in many of the organizations requesting funding and has taken that into consideration while allocating the funds. In addition the Committee concurred that at this point there will be no "cash" carry over reserves. The following are summaries of the Committee's review and recommendations for the 2010 funding allocations: Bay Street Association: Bay Street Association requested increased funding for 2010, which will include the Boating Season Kickoff and the Downtown Waterfront Artwalk for advertising and brochures. Bay Street Associations' funding request is $8,615, which is up from their 2oo9 request of $3,66o. ❖ Recommended allocation: $6,400 Committee members felt the flowers helped to improve the overall appearance of the downtown area and that would encourage visitors to return to the City. City Clerk/ Tourism Marketing Director: The City Clerk/Tourism Marketing Director submitted a request to bring the different festivals and events under one umbrella and work to pool all of the resources together to better promote the Port Orchard area and to reduce redundancy. The requested funding amount is $50,000. ❖ Recommended allocation: $3,900 City of Port Orchard Tourism Committee: The Port Orchard Tourism Committee submitted a request to promote easy access to local business that cater to family -related recreation and tourism. The requested funding amount is $9,500. ❖ Recommended allocation: $1,900 Festival of Chimes and Lights: Festival of Chimes and Lights requested funding for advertising and promotion of the Festival including newspaper and print media, brochures, flyers, posters, and banners. Total request was for $1o,000. ❖ Recommended allocation: $3,900 Committee members noted that while the festival was a good draw for local residents they did not necessarily bring in great numbers of out-of-town visitors to the city. Fathoms O'Fun Festival: Fathoms O'Fun Festival requested funding for 2010 to promote family recreational activities that attract and benefit local and regional residents as well as visitors from throughout the state, the country and internationally. Fathoms O'Fun Festival's funding request is for $10,500. u:\committees\LTAC\budget recommendation\2010\2010 Hotel Motel Budget Recommendation Page 2 of 4 ❖ Recommended allocation: $8,9oo Committee members agreed Fathoms provided advertising to out of town communities and supported their efforts. Fathoms O'Fun Concerts by the Bay Committee: Fathoms O'Fun Festival requested funding for 2010 to promote free family concerts that attract and benefit local and regional residents as well as visitors from throughout the state, the country and internationally. Fathoms O'Fun Festival's funding request is for $5,000. ❖ Recommended allocation: $4,600 Committee members agreed Fathoms provided advertising to out of town communities and supported their efforts. Kitsap Peninsula Visitor & Convention Bureau: The KPVCB submitted requested funding for effectively marketing Port Orchard and the Kitsap Peninsula as a premier Puget Sound tourist destination. The requested funding amount is $20,000. ❖ Recommended allocation: $ goo Committee members did not feel the KPVCB `s minimal promotion of Port Orchard brought in additional overnight and/or out of town visitors to Port Orchard and therefore, little funding was allocated. Port of Bremerton: The Port of Bremerton submitted a request for $1,000 for advertising promotion for "Welcome to Port Orchard" canvas totes, which were filled with local merchant coupons and discounts and given to visiting boaters. ❖ Recommended allocation: $ 900 Committee members felt the Port's boater bags did a good job of getting visiting boaters to visit local shops and promote the local area and supported their efforts. Port of Bremerton/Kitsap Harbor Festival: The Port of Bremerton submitted a request for $12,500 for advertising promotion for an annual festival promoting tourism in Kitsap County, including Port Orchard. ❖ Recommended allocation: $ 8,900 Committee members felt the Port did a good job of getting visiting boaters and citizens to visit local shops and promote the local area and supported their efforts. Port Orchard Chamber of Commerce: The Chamber of Commerce submitted a request to focus tourism efforts of established tourism events/festivals; increased distribution of consumer/tourism response packets and a more efficient tourism response phone system; design and production of a brochure promoting Port u:\committees\LTAC\budget recommendation\2010\2010 Hotel Motel Budget Recommendation Page 3 of 4 Orchard as a destination; and general media promotion of Port Orchard. The requested funding amount is $29,232. ❖ Recommended allocation: $17,900 Committee members felt the Chamber did a good job of promoting Port Orchard and South Kitsap and looked forward to a continued relationship. Saints Car Club — The Cruz: Saints Car Club submitted a request to support the annual "Cruz" car show. The requested funding amount is $2,200. ❖ Recommended allocation: $1,900 Committee members felt the "Cruz" attracted many out-of-town visitors, putting heads in beds, noting it was estimated 40% of the attendees were from outside of Kitsap County. Sidney Museum and Arts Association: Sidney Museum and Arts Association submitted a request to increase publicity to increase tourism in Port Orchard through visits to the Sidney Gallery and Museums. The requested funding amount is $10,200. ❖ Recommended allocation: $1,900 Committee members noted that while the museum was a good draw for tourists they did not necessarily bring in great numbers of out-of-town visitors to the city. u:\committees\LTAC\budget recommendation\2010\2010 Hotel Motel Budget Recommendation Page 4 of 4 rank, W City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7F Meeting Date: Subject: Receiving the Lodging Tax Advisory Prepared by: Committee's Recommendations For Distribution of 2010 Hotel/Motel Atty Routing No: Tax Funds Atty Review Date: October 13, 2009 Patti Kirkpatrick, CMC City Clerk NA NA Summary: The Lodging Tax Advisory Committee (LTAC) met on September 18, 2009, to review and make recommendations for the 2olo Hotel/Motel tax revenues. The Committee is appointed by the Mayor and confirmed by the Council and is comprised of three hoteliers and three funding recipients. The City Treasurer projected 2010 Hotel/Motel tax revenues to be at $62,000, which is significantly less than the 2009 projection of $91,000. The Committee reviewed twelve applications, including a funding request for the newly created Tourism/Marketing Director position. The Committee, after careful consideration and based upon the proposed allocated funding, chose to provide funding to all recipients. A copy of the Lodging Tax Advisory Committee's recommendation is attached for your review. The Council will not be making any decisions tonight as to the approval of the funding recommendations as that is done during the budget process. Rather, the action tonight is to just acknowledge receipt of the Lodging Tax Advisory Committee's recommendation. Recommendation: Staff recommends the Council accept receipt of the Lodging Tax Advisory Committee's recommendation for distribution of 2010 Hotel/Motel tax funds. Motion for consideration: I move to accept receipt of the Lodging Tax Advisory Committee's recommendation for distribution of 2olo Hotel/Motel tax funds. Fiscal Impact: Allocated dollars are taxes received from the Hotels, Motels, and Bed and Breakfasts within the City limits. There is no direct fiscal impact on the City. Alternatives: Modify the Committee's recommendations. Attachments: 2olo LTAC Funding requests and recommendations CITY OF PORT ORCHARD City Clerk �mFie �j jyj s 216 Prospect Street, Port Orchard, WA 98366 ■ im= �" �, Voice: (360) 876-4407 • Fax: (36o) 895-9029 pkirkpatrick@cityofportorchard.us www.cityofportorchard.us September 4, 2020 Jesse Turner, Treasurer Fathoms O'Fun Festival P.O. Box 312 Port Orchard, WA 98366 Re: Hotel/Motel Tax Claims Reimbursement Dear Ms. Turner, Recently it has come to my attention that due to the economic downturn, hotel/motel tax revenues are significantly down. In fact, the City is estimating a revenue shortfall of $28,423 by the end of 2009. I would like to address what this means to you as a 2009 Hotel/Motel Tax recipient and how will it affect your ability to be reimbursed what was budgeted by your organization. The City anticipated $93,000 in hotel/motel tax revenues for 2009. In reality, due to the declining economy, the City is anticipating on receiving $64,577. To date, the City has collected $54,830 in hotel/motel tax revenues; and has reimbursed $39,800 of those funds to various recipients leaving approximately $24,800 available for distribution to 2oo9 recipients. In order to determine how best to ensure each organization receives its proportionate share of the remaining revenues, the City is requesting your assistance and asking that you provide your Claims for Reimbursement form and receipts no later than October 27, 2009. If your organization has already received some of the funding for 2009, it may be possible that no additional funding will be granted in order for other organizations to receive their proportionate share of the remaining projected revenues. The Council will be discussing how to distribute the remaining 2oo9 Hotel/Motel tax revenues at their October 20, 2009, Work Study Session and you are invited to attend. Ms. Jesse Turner, Treasurer Fathoms O'Fun Festival October 14, 2009 Page 2 of 2 Should you have any questions or wish to discuss this matter further, please feel free to contact me at your convenience. Sincerely, CITY OF PORT ORCHARD Patti Kirkpatrick, CMC City Clerk/Asst to the Mayor Administrative Services Director City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7G Meeting Date: Subject: Discussion: 20o9 Hotel/Motel Prepared by: Funding Disbursements Atty Routing No: Atty Review Date: October 13, 200 Patti Kirkpatrick, CMC City Clerk NA NA Summary: Recently, staff has become aware of a shortfall of 2oo9 Hotel/Motel Tax revenues. The City Treasurer notified the Lodging Tax Advisory Committee in early September that the 2oo9 Hotel/Motel Tax revenues would be short by $28,423, by the end of this year. Based upon that information, Councilmember Chang, who is the Chair of this Committee, and the Finance Committee requested this item be placed on the agenda for discussion on how to honor the 2009 commitments to the recipients, proportionately or on a first-come/served basis. At the request of the Finance Committee, staff has drafted a letter outlining notification to the 2oo9 recipients of the projected Hotel/Motel Tax revenue shortfall for review and direction by the Council. Further, staff has attached a spreadsheet that shows the total amount of funding provided to each recipient in 2oo9 and what percentage of funding has been reimbursed back to the recipient in an effort to further assist the Council in their discussion. Attachments: Draft Letter to 2oo9 Recipients 2oo9 Funding Disbursements CITY OF PORT ORCHARD JOB DESCRIPTION Job Title: Engineering Technician II FLSA: Non -Exempt Civil Service: Exempt Department: Public Works Department Reports To: Assistant City Engineer The Engineering Technician II shall report to and serve under the direction of the Director of Public Works/City Engineer and the Assistant City Engineer. Attendance at evening or weekend meetings or other off -duty events may be required. May also be called back to work before or after regularly scheduled work hours or on scheduled days off. Major Function and Purpose The primary responsibilities will require aiding the Engineers with Storm Water Compliance with the National Pollution Discharge Elimination System (NPDES) Permit, GIS and Auto CAD mapping and drafting and some plan review. General Function This person performs technical office and field work in the field of civil engineering. Duties include the review of development plans for conformity with applicable City standards, coordination activities associated with the City's storm water management program. Performs a variety of functions relating to input, retrieval and updating GIS for both storm water, sanitary sewer, and water systems and is responsible for the development and maintenance of databases which aid in the scheduling and tracking for various storm water, sanitary sewer, and water systems maintenance activities. Additionally, this person performs some AutoCAD drafting. Supervision Responsibilities None Job Duties & Responsibilities Under direction of the Assistant City Engineer, the Engineering Technician II will perform technical civil engineering duties related to City development activities including utility systems, reservoirs, treatment plants, public buildings, streets, and other projects as assigned; Prepares and updates engineering drawings, maps of utility systems and graphic displays, plans and specifications; manage contract services; and respond to questions and inquiries from the JOB DESCRIPTION: ASSISTANT CITY ENGINEER PAGE 1 OF 5 general public, developers, contractors, engineering professionals, and City staff regarding engineering and development projects. REPRESENTATIVE DUTIES The following duties are typical for this classification. Incumbents may not perform all of the fisted duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices. 1. Conduct field investigations necessary to verify the accuracy of maps developed in the GIS. Inspect and recommend maintenance necessary to ensure proper performance of City maintained storm water facilities. Inspect catch basins, system inlets and outlets, oil separators, retention/detention ponds, tanks and vaults, bio filtration systems and other storm water facilities. Evaluate system efficiency and identify maintenance needs. 2. Collect field data on constructed and natural drainage systems for input into an electronic mapping system and component data base. Develop and produce generated, multi layer topographic and storm water or sanitary sewer maps using GIS and CAD software. 3. Inspect privately owned and maintained storm water facilities to determine if storm water facilities conveyance structures and water quality facilities are functioning properly and that non -point source pollution control is implemented. 4. Coordinate with Code Enforcement and/or the Assistant City Engineer regarding warning letters or notices of violation to owners of private systems that are out of compliance with the storm water management ordinance. 5. Track maintenance schedules and the activities performed by storm water, sanitary sewer, and water system maintenance crews, and manage information, routinely using computers to develop detailed scheduling and status reports. 6. Prepare basic drafts of plans, specification and cost estimates for City utility and street construction projects from conceptual design through construction. 7. Independently perform basic CAD drafting to assist with development, design, and construction of public work projects and other related drafting tasks. 8. Prepare and maintain City street, sewer and water records; makes preliminary studies of existing water and sewer systems, to develop comprehensive plans including alternative analysis for project development. 9. Coordinates with management staff regularly on projects and provides technical assistance to maintenance operations. 10. Responds to questions and inquiries from the general public, developers, contractors, engineering professionals, and City staff regarding engineering and development projects. 11. Work closely with representative of other departments and agencies to ensure enforcement of the City ordinance and Department of Ecology storm water management standards. 12. Assists the Public Works Director/City Engineer and Assistant City Engineer in coordinating the activities of the division. 13. Performs related duties as required. JOB DESCRIPTION: ASSISTANT CITY ENGINEER PAGE 2 OF 5 Knowledge, Skills and Abilities Knowledge of: • Basic civil engineering principals, practices and mathematics, Basic hydrological and hydraulic principals. • Basic elements and procedure related to roadway and drain system construction, operation and maintenance. Current methods of surface water management including runoff quality enhancement. • Interpreting plans specifications, drafting terminology and symbols, ordinances, regulatory documents, standards, maintenance manuals and construction manuals and application of these resources and regulations to work assignments. • Methods and techniques of conducting site and field investigations. • Principles and practices of business correspondence and technical report preparation. • Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, databases, AutoCAD, GIS and other specialized engineering software programs. • Pertinent federal, state, and local laws, codes, and regulations affecting civil engineering projects. Abili to: • Gather and assimilate information from a broad range of resources. • Develop easily understandable GIS maps for storm, sanitary sewer, and water systems. • Effectively coordinate, manage, and track multiple project activities on several projects concurrently. • Prepare clear and concise technical and administrative reports. • Prepare, review, interpret, and analyze engineering plans, drawings, specifications, contract documents, and engineering reports for conformance to professional standards, contract obligations and approved budgets. • Interpret and explain engineering projects to the business community and the general public. • Understand, interpret, explain, and apply applicable federal, state, and local policies, laws, and regulations. • Perform technician level computations in engineering. • Conduct site inspections and monitor project progress. • Provide technical assistance to other division, department and City staff regarding assigned engineering issues and problems. • Operate office equipment including computers and applicable software applications such as word processing, spreadsheets, databases and specialized engineering software programs. • Evaluate the condition of Public Works facilities and devise solutions to problems. • Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work. • Prepare/plot AutoCAD drawings under the supervision of the Public Works Director/City Engineer and/or the Assistant City Engineer. JOB DESCRIPTION: ASSISTANT CITY ENGINEER PAGE 3 OF 5 Working Conditions The Engineering Technician II may work either indoors or outdoors as required. The employee must be capable of working in confined spaces, on ladders, inclines and/or in noisy work areas. He/she may be exposed to extremes in temperature, chemicals or noxious fumes, and to insect stings. The Engineering Technician II may be required to walk in, or around construction sites to perform the essential functions of the position. Exposure to hazards is commonplace. Among the hazards encountered are dampness, direct sunlight, communicable disease, dust, pollen, epoxy chemicals, machinery or its moving parts, cleaning fluids, chemicals, pesticides, insecticides, paints, cleaning agents or similar solutions, insect stings, liquid chemicals, noisy work area, noxious odors, fumes or chemicals, and smoke. Hazardous areas may be encountered, including open ditches, vaults, manholes, heavy machinery, hazardous gases, excessive noise, and vehicle traffic. Protective clothing may be required in the performance of some job duties. Contacts and Relationships The Technical Engineer II may have frequent contact with City elected officials, state, county and municipal government officials, and outside consultants, auditors and other business -related individuals or agencies. In the normal course of business the Engineering Technician will have contact with other Public Works employees, contractors, other city personnel and the public. These contacts involve a wide variety and range of purpose, including the need to provide or collect information, coordinate projects or activities and to solve or negotiate solutions to problems. Communication may be either by telephone, in person or through written message. Physical Requirements The Technical Engineer II must have the overall stamina and ability to perform moderate to strenuous physical activity, including the ability to stand or walk for extended periods of time, traversing rough terrain, working in or over water, working at heights or on scaffolding, and lifting or carrying up to 50 pounds. Job requirement may include the ability to climb up to 20 feet off the ground; bend and/or work in tight or confined areas. The incumbent must be able to hear alarms and have the ability to audibly identify the presence of a danger or hazard. Must have the ability to sit at a desk and operate a computer for extended periods of time as necessary to complete work responsibilities. Desired Minimum Qualifications Education and Experience: • Associates of Arts degree in GIS or Civil Engineering Technology or Two years of progressively responsible technical engineering experience in roadway, storm drainage and/or underground utilities construction required; or any equivalent combination of experience and education that provides the applicant with the desired skill, knowledge and ability to perform the work. Previous technical engineering experience in the operation or inspection of storm water facilities is preferred. Special Requirements: Possession of or the ability to obtain within one (1) month, a valid Washington State Driver's License. JOB DESCRIPTION: ASSISTANT CITY ENGINEER PAGE 4 OF 5 • CAD experience • Experience with application software including Word, EXCEL, and AutoCAD • Hydrologic Computer Modeling preferable • All city employees must successfully pass a pre -employment Drug Testing as prescribed by the City's Drug and Alcohol Testing Policy Requirements outlined in this job description may be subject to modification to reasonably accommodate individuals with disabilities who are otherwise qualified for employment in this position. However, some requirements may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees This job description does not constitute an employment agreement between the Employer and employee and is subject to change as the needs of the Employer and requirements of the job change. JOB DESCRIPTION: ASSISTANT CITY ENGINEER PAGE 5 OF 5 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Item No. Subject: Summary: Recommendation: Motion for consideration: Fiscal Impact: Alternatives: Attachments: Agenda Staff Report Meeting Date: Prepared by: Atty Routing No: Atty Review Date: October 13, 200 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item Subject: Authorization to Advertise for New Engineering Tech II Position Meeting Date: October 13, 2009 Prepared by: Andrea Archer, P.E. Assistant City Engineer Atty Routing No: N/A Atty Review Date: N/A Summary: In February of 2009, the City entered into an Interlocal Agreement (ILA) with the Kitsap County Health District for Illicit Discharge Detection and Elimination. The Health District secured a grant from Department of Ecology, the grant provides 63% of the City's share in grant funding, and the City budgets for the remaining 37%. At the August 18th Study Session Staff presented an option to use part of the ILA money to hire an Engineering Tech until December 31, 2009, Council authorized Staff to pursue this option at that meeting. This week Staff received written authorization from Department of Ecology and the Health District to use a portion of the grant in 2009 to hire an Engineering Tech. The draft job description is attached for your reference. This job description will require a modification to the Assistant City Engineer's job description; however, both job descriptions will be brought forth at the Finance Committee on November 6th for discussion and then brought before the full Council at a meeting in November for final approval. This funding is only available through the remainder of this year, so Staff is trying to move quickly to utilize this funding opportunity. Recommendation: Staff recommends that Council authorize Staff to advertise for the Engineering Tech II position with the condition that a final offer is not made prior to approval from Finance Committee on November 6 and Council approval at a meeting in November. Motion for consideration: I move we authorize Staff to advertise for the Engineering Tech II position with the condition that a final offer is not made without prior to approval from the Finance Committee on November 6 and/or Council approval at a meeting in November. Fiscal Impact: This position is authorized from the Interlocal Agreement with the Health District for Illicit Discharge Detection and Elimination. During 2009, the City budgeted $30,000 of their required $40,013 match. It is estimated this position will require about $13,500 in 2009 to allow for advertising for the position, setting up a workstation, salaries, benefits, and licenses. Alternatives: Council has the option to refuse to advertise for this position with the above conditions until the meeting in November when this will be formally brought forward, however this is not Staff s recommendation. Attachments: DRAFT Job Description for Engineering Tech II