01/25/2022 - Regular - PacketMayor:
Rob Putaansuu
Administrative Official
Councilmembers:
MarkTrenary
Shawn Cucciardi
Finance Committee
E/D & Tourism Committee, Chair
Kitsap Economic Development Alliance
Fred Chang
Economic Development & Tourism Committee
Land Use Committee
Jay Rosa pepe
Utilities/Sewer Advisory Committee
Land Use Committee, Chair
Transportation Committee
Lodging Tax Advisory Committee, Chair
KRCC-alt
John Clauson
Finance Committee, Chair
Utilities/Sewer Advisory Committee
Kitsap Public Health District-alt
Cindy Lucarelli (Mayor Pro-Tempore)
Festival of Chimes & Lights Committee, Chair
Utilities/Sewer Advisory Committee, Chair
Kitsap Economic Development Alliance
Scott Diener
Land Use Committee
Transportation Committee
Department Directors:
Nicholas Bond, AICP
Development Director
Mark Dorsey, P.E.
Director of Public Works/City Engineer
Tim Drury
Municipal Court Judge
Noah Crocker, M.B.A.
Finance Director
Matt Brown
Police Chief
Brandy Rinearson, MMC, CPRO
City Clerk
Meeting Location:
Council Chambers, V Floor
216 Prospect Street
Port Orchard, WA 98366
Contact us:
(360) 876-4407
cityhal I@cityofportorchard.us
City of Port Orchard Council Meeting Agenda
January 25, 2022
6:30 p.m.
The City is conducting its public meetings remotely to prevent the spread of COVID.
The City is providing options for the public to attend through telephone, internet or
other means of remote access, and also provides the ability for persons attending
the meeting (not in -person) to hear each other at the same time. Therefore,
Remote access only
Link: https://us02web.zoom.us/o/89944614884
Zoom Webinar ID: 899 4461 4884
Zoom Call -In: 1 253 215 8782
Guiding Princioles
• Are we raising the bar?
• Are we honoring the past, but not living in the past?
• Are we building connections with outside partners?
• Is the decision -making process positively impacting diversity, equity, and
inclusion?
1. CALL TO ORDER
A. Pledge of Allegiance
2. APPROVAL OF AGENDA
3. CITIZENS COMMENTS
(Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a
Public Hearing. When recognized by the Mayor, please state your name for the official record. If
you are attending remotely via telephone, enter *9 from your keypad to raise your hand.)
4. CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been distributed
to each Councilmember for reading and study. Consent Agenda items are not considered
separately unless a Councilmember so requests. In the event of such a request, the item is
returned to Business Items.)
A. Approval of Vouchers and Electronic Payments
B. Approval of Payroll and Direct Deposits
C. Adoption of a Resolution Approving a Grant from the Washington State
Office of Public Defense for Court Services for 2022-2023 (Ells) Page 4
D. Adoption of a Resolution Approving an Interagency Agreement with the
Washington State Administrative Office of the Courts for Interpreter
Services Funding (Ells) Page 22
E. Adoption of a Resolution Accepting the AWC RMSA Lexipol Membership
Reimbursement Grant (M. Brown) Page 32
F. Approval of Amendment No. 1 to Contract No. 046-21 with Otis Elevator
Company for City Hall Elevator Maintenance (Dorsey) Page 35
5. PRESENTATION
A. Police Department Strategic Plan Review (M. Brown) Page 39
6. PUBLIC HEARING
7. BUSINESS ITEMS
A. Adoption of a Resolution Repealing Resolution No. 008-20 and Accepting Council Committee
Assignments and Establishing Council Standing Committees (Rinearson) Page 48
B. Adoption of a Resolution Approving an Interlocal Agreement with the South Kitsap School District
Concerning School Impact Fees (Bond) Page 52
C. Adoption of a Resolution Authorizing a Retainage Bond in Lieu of Retainage for Contract No. 036-21
with ACI for the Sidney Avenue Sewer Repair Project (Dorsey) Page 65
D. Approval of a Contract with Holmes Weddle Barcott for Legal Services Related to a Worker's
Compensation Claim (Lund) Page 68
E. Approval of a Letter of Intent to Purchase Real Property (Dorsey) Page 77
F. Approval of the January 11, 2022, City Council Meeting Minutes Page 78
8. DISCUSSION ITEMS (No Action to be Taken)
A. Continued: Veterans Park
B. Required Risk Management Service Agency Training Page 84
C. Kitsap Homes of Compassion Page 88
9. REPORTS OF COUNCIL COMMITTEES
10. REPORT OF MAYOR
11. REPORT OF DEPARTMENT HEADS
12. CITIZEN COMMENTS
(Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state
your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.)
13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the
session duration will be announced prior to the executive session.
14. CITY COUNCIL GOOD OF THE ORDER
15. ADJOURNMENT
COMMITTEE MEETINGS
Date & Time
Economic Development and TBD; 2022
Tourism
Utilities February 8, 2022; 5:00pm
Finance January 18, 2022; S:00pm — 3rd Tuesday of each month
Transportation January 25; 2022; 5:00pm; 4th Tuesday of each month
Festival of Chimes & Lights
January 24, 2022; 3:30pm
Location
Remote Access
Remote Access
Remote Access
Remote Access
Remote Access
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 at (360) 876-4407.
The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations.
January 25, 2022, Meeting Agenda Page 2 of 3
Land Use February 16, 2022; 4:30pm — 3rd Wednesday of each
month
Lodging Tax Advisory TBD; 2022
Sewer Advisory February 16, 2022; 6:30pm
Outside Agency Committees Varies
Council Retreat March 11, 2022; 9:00am
Remote Access
Remote Access
Remote Access
Varies
City Hall
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 at (360) 876-4407.
The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations.
January 25, 2022, Meeting Agenda Page 3 of 3
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4C
Subject: Adoption of a Resolution Approving a
Grant from the Washington State Office of
Public Defense for Court Services for
2022-2023
Back to Agenda
Meeting Date: January 25, 2022
Prepared by: Sharon Ells
Court Administrator
Atty Routing No.: 366922-0010 (Court)
Atty Review Date: January 20, 2022
Summary: In 2016, the city adopted Resolution 021-16 which increased the compensation for the conflict
public defenders from $38 per hour with a maximum of $380 per case to $55 per hour with a maximum of
$550 per case. After receiving grant funds in 2016, the City was able to add an additional conflict public
defender to the Conflict Public Defender List.
By this resolution, the City Council would accept grant funds from the Washington State Office of Public
Defense. These funds will allow the city to provide a sufficient number of attorneys to meet the mandatory
caseload limits and to provide attorneys at all in custody hearings. Before receiving these grant funds, the
Court had difficulty obtaining the services of a competent conflict public defender.
If the City accepts the grant funds for 2022 and 2023, the funding will allow the City to sustain the increase to
the conflict attorneys' compensation as well as sustain the increased compensation to the contract firm.
The 2022-2023 grant amount is for $24,000.
Recommendation: Staff recommends the Council adopt a resolution, authorizing the mayor to sign the
Washington State Office of Public Defense Grant.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a resolution authorizing the mayor to sign the Washington
State Office of Public Defense Grant Agreement.
Fiscal Impact: Additional revenue to improve the quality of public defense services.
Alternatives: Not authorize the agreement and provide additional guidance
Attachments: Resolution
Ex. A to Resolution - Washington State Office of Public Defense Grant Agreement
Page 4 of 89
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT ACCEPTING GRANT FUNDING FROM THE
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE FOR COURT SERVICES.
WHEREAS, since 2016, the City has annually received grant funding from the Washington
State Office of Public Defense to fund public defense services for the City of Port Orchard
Municipal Court; and
WHEREAS, the City has been awarded similar grant funding for 2022-2023 in the amount
of $24,000, for this public purpose; and
WHEREAS, pursuant to RCW 35A.11.040, the City Council is empowered to accept a grant
for any public purpose; and
WHEREAS, the City Council finds it is in the best interest of the health, safety and welfare
of the residents of Port Orchard to accept the grant funding; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves of and authorizes the Mayor to execute an agreement
with the Washington State Office of Public Defense for 2022-2023 grant funding, a copy
of which is attached hereto as Exhibit A and incorporated herein by this reference.
THAT: The City Council hereby ratifies all actions previously taken consistent with this
authorization.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 25t" day of January 2022.
ATTEST:
City Clerk, Brandy Rinearson, MMC
Robert Putaansuu, Mayor
Page 5 of 89
Back to Agenda
Grant Agreement No. GRT22066
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Grantee
City of Port Orchard
216 Prospect St.
Port Orchard, WA 98366
3. Office of Public Defense (OPD)
711 Capitol Way South, Suite 106
PO Box 40957
Olympia, WA 98504-0957
5, Grant Amount
$ 24,000.00
7. Grant Purpose
2. Grantee Representative
Sharon Ells
Court Administrator
216 Prospect St.
Port Orchard, WA 98366
4. OPD Representative
Katrin Johnson
Managing Attorney
Office of Public Defense
711 Capitol Way South, Suite 106
PO Box 40957
Olympia, WA 98504-0957
6. Grant Period
January 1, 2022 through December 31, 2023
The Chapter 10.101 RCW city grants are competitive grants for the purpose of improving the quality of
public defense services in Washington municipalities. (See Chapter 10.101 RCW.)
The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of
this Grant Agreement and attachments and have executed this Grant Agreement on the date below to
start January 1, 2022 and end December 31, 2023. The rights and obligations of both parties to this
Grant are governed by this Grant Agreement and the following other documents incorporated by
reference: Special Terms and Conditions of the City Grant Agreement, General Terms and Conditions of
City Grant Agreement, and Exhibits A, B, C, and D.
FOR THE GRANTEE
Name, Title
Date
Grant Agreement GRT22066
Face Sheet
FOR OPD
- '4� � - .4�'
LA&Affers r or
jr� v/
Date
Page 1 of 16
Page 6 of 89
Back to Agenda
SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications regarding the performance of this Grant.
The Representative for OPD and their contact information are identified on the Face Sheet of
this Grant.
The Representative for the Grantee and their contact information are identified on the Face
Sheet of this Grant.
2. GRANT AWARD AMOUNT
The Grantee is awarded twenty-four thousand dollars and 00/100 Dollars ($24,000.00) to be used for
the purpose(s) described in the USE OF GRANT FUNDS below. One-half of the award amount shall be
disbursed to Grantee in January 2022 for use during calendar year 2022. The remaining one-half shall
be disbursed to Grantee in January 2023 for use during calendar year 2023. The disbursement of any
grant funds is subject to the availability of funding appropriated to OPD by the Washington State
Legislature.
3. PROHIBITED USE OF GRANT FUNDS (as adopted in ❑PD Policy County/City Use of State Public
Defense Funding)
a. Grant funds cannot be used to supplant local funds that were being spent on public defense
prior to the initial disbursement of state grant funds.
b. Grant funds cannot be spent on purely city or court administrative functions or billing costs.
c. Grant funds cannot be used for cost allocation.
d. Grants funds cannot be used for indigency screening costs.
e. Grant funds cannot be used for city or court technology systems or administrative equipment.
f. Grant funds cannot be used for city attorney time, including advice on public defense
contracting.
4. USE OF GRANT FUNDS
a. Grantee agrees to use the grant funds for the following:
i. Additional attorneys to reduce caseloads
ii. Increased compensation for public defense service providers.
b. Grantee agrees to obtain OPD's written permission before funds are used for any purpose
other than those listed in Section 4a above. Permission issued by electronic mail shall be
sufficient for purposes of identifying other uses of grant funds not listed in section a.
c. Grantee agrees to use the first disbursement of funds in calendar year 2022, and the second
disbursement of funds in calendar year 2023. If Grantee is unable to use the funds in the year
for which the funds are disbursed, the Grantee agrees to notify OPD to determine what action
needs to be taken.
d. Grantee agrees to deposit the grant check within fourteen days of receipt.
5. OVERSIGHT
Grant Agreement GRT22066
Special Terms and Conditions
Page 2 of 16
Page 7 of 89
Back to Agenda
Grantee agrees to submit written reports to OPD. The first report shall be submitted to OPD
no later than June 1, 2022 using the template found in Exhibit A. The second report shall be
submitted to OPD no later than December 1, 2022 using the template found in Exhibit B. The
third report shall be submitted to OPD no later than June 1, 2023 using the template found in
Exhibit C. The final report shall be submitted to OPD no later than December 1, 2023 using the
template found in Exhibit D. Where indicated, reports must be submitted along with the
Grantee City's public defense attorneys' contracts, certifications of compliance, and other
required documentation.
b. Over the duration of the grant term, OPD may conduct site visits for purposes of addressing
improvements to public defense and ensuring the use of grant funds for their specified
purposes. At OPD's request, Grantee will assist in scheduling such site visits and inviting
appropriate attendees such as, but not limited to: public defense attorneys, judicial officers,
and city representatives.
ORDER OF PRECEDENCE
in the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence
in the following order:
• Applicable federal and state of Washington statutes, regulations, and court rules
• Special Terms and Conditions of the City Grant
• General Terms and Conditions of the City Grant
Grant Agreement GRT22066
Special Terms and Conditions
Page 3 of 16
Page 8 of 89
Back to Agenda
GENERAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT
1. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
2. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendment shall not be
binding unless it is in writing and signed by personnel authorized to bind each of the parties.
3. AMERCIANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the
"ADA" 29 CFR Part 35.
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
4. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of OPD.
5. ATTORNEY'S FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs.
6. CONFORMANCE
If any provision of this Grant violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
7. ETHICS/CONFLICTS OF INTEREST
In performing under this Grant, the Grantee shall assure compliance with the Ethics in Public Service,
Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or
conflicts of interest.
8. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
9. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the
state of Washington, OPD, all other agencies of the state and all officers, agents and employees of the
state, from and against all claims or damages for injuries to persons or property or death arising out of
or incident to the performance or failure to perform the Grant.
10. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies
of local and state and federal governments, as now or hereafter amended.
Grant Agreement GRT22066
General Terms and Conditions
Page 4 of 16
Page 9 of 89
Back to Agenda
11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part.
12. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of the Grant, OPD reserves the right to recapture funds in an amount to
compensate OPD for the noncompliance in addition to any other remedies available at law or in
equity.
13. RECORDS MAINTENANCE
The Grantee shall maintain all books, records, documents, data and other evidence relating to this
Grant. Grantee shall retain such records for a period of six (6) years following the end of the grant
period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have been
finally resolved.
14. RIGHT OF INSPECTION
At no additional cost all records relating to the Grantee's performance under this Grant shall be
subject at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor,
and state officials so authorized by law, in order to monitor and evaluate performance, compliance,
and quality assurance under this Grant. The Grantee shall provide access to its facilities for this
purpose.
15. SEVERABILITY
If any provision of this Grant or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect
without the invalid provision, if such remainder conforms to the requirements of law and the
fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be
severable.
16. SUBJECT TO THE AVAILABILITY OF FUNDS
Any full or partial allocation of funds under this Grant is subject to the appropriation of funds by the
Washington Legislature to OPD.
17. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated
to be such in writing.
Grant Agreement GRT22066
General Terms and Conditions
Page 5 of 16
Page 10 of 89
Back to Agenda
Exhibit A
Washington State Office of Public Defense
Public Defense Improvement Program
City Grant Report #1
All City grant recipients are required to submit a completed copy of this report, along with corresponding
documentation, to the Washington State Office of Public Defense by June 1, 2022.
City:
Date Completed:
Contact Name:
Title:
Mailing Address:
Phone:
Email Address:
1.1 In 2021, the city paid indigent defense expenses as follows:
City Funds
Chapter 10.101 RCW State
Other Funds
Grant Funds
Attorney salaries and
benefits, contract and
conflict attorney
compensation
$ $
$
Investigators, experts,
interpreters, social
workers, and other
professional services
$ _ $
$
Other public defense
expenses
$ $
$
Total
$ $
$
Grant Agreement GRT22066
Exhibit A — Grant Report #1— Due June 1, 2022 Page 6 of 16
Page 11 of 89
Back to Agenda
1.2 For 2022, the city has budgeted indigent defense expenses as follows:
Chapter 10.101 RCW State
City Funds
Grant Funds
Other Funds
Attorney salaries and
benefits, contract and
conflict attorney
compensation
$
$
$
Investigators, experts,
interpreters, social
workers, and other
professional services
$
$
$
Other public defense
expenses
$
$
$
Total
$
$
$
1.3 What amount of the 2022 state grant funds has been spent to date?
2.1 Provide the following data for the total number of public defense cases assignments in 2021:
Fill in section 2.1(a) if the city has a public defender agency or contracts with a county public defender agency or
non-profit public defense firm. Fill in section 2.1(b) for list appointments or contracts with private attorneys.
a. Cities using public defender agencies.
Number of cases assigned to public defender agency (not
including conflict counsel):
Number of probation violations and other miscellaneous
post sentencing hearings assigned:
Number of full -time -equivalent public defenders:
Average per -attorney caseload, if available:
b. Cities using list appointments or contracts with private firms.
Number of cases assigned to public defense attorneys:
Number of probation violations and other miscellaneous post
sentencing hearings assigned:
Number of attorneys with public defense contracts or on
court's appointment list:
Grant Agreement GRT22066
Exhibit A — Grant Report #1— Due June 1, 2022
Page 7 of 16
Page 12 of 89
Back to Agenda
3.1 Permissible Use(s) of Grant
Funds (See Section 4 of
Grant Agreement Special
Terms and Conditions):
3.2 Description of How Grant
Funds Have Been Used to
Date:
3.3 Plans for Utilizing Remaining
Funds by End of Calendar
Year (If Applicable):
3.4 Description of Impact State
Funds Have Had on Local
Public Defense Services:
4.1 If the city has public defense contracts, fill out the Table of Public Defense Contracts (Table 1), and attach a
copy of each current contract in alphabetical order by attorney name. Failure to provide current contracts
could result in an incomplete report.
4.2 If the court appoints public defense attorneys from a list, provide the name of each attorney and the
compensation paid per case or per hour in the Table of List -Appointed Public Defense Attorneys (Table 11).
4.3 If the City has adopted any new public defense policies, ordinances, or resolutions within the last year, please
attach them to this report.
4.4 Provide copies of attorneys' 2022 second quarter Certificates of Compliance.
Grant Agreement GRT22066
Exhibit A — Grant Report #1— Due June 1, 2022
Page 8 of 16
Page 13 of 89
Back to Agenda
Table I: Public Defense
Contracts and Subcontracts Currently in Effect (2022)
1
Number ofmisdemeanor/ I
gross misdemeanor cases Method and rate of Conflict cases
payment (per only?
anticipated for the case/per hour, etc.) Yes/No
attorney/firm in 2022
Name of attorney/firm
(If firm, please identify (1) the total number
of attorney FTEs handling public defense
cases, and (2) the name of each attorney
handling public defense cases)
Grant Agreement GRT22066
Exhibit A — Grant Report #1— Due June 1, 2022
Page 9 of 16
Page 14 of 89
Back to Agenda
Table II: List -Appointed Public Defense Attorneys (2022)
Name of attorney/firm
(If firm, please identify (1) the total number Method and rate of payment (per
of attorney FTEs handling public defense Number of cases assigned
cases, and (2) the name of each attorney case/per hour, etc.)
handling public defense cases)
Grant Agreement GRT22066
Exhibit A — Grant Report #1— Due June 1, 2022
Page 10 of 16
Page 15 of 89
Grant Agreement GRT22066
Exhibit A — Grant Report #1— Due June 1, 2022
Page 10 of 16
Page 15 of 89
Back to Agenda
Exhibit B
Washington State Office of Public Defense
Public Defense Improvement Program
City Grant Report #2
All City grant recipients are required to submit a completed copy of this report to the
Washington State Office of Public Defense by December 1, 2022.
Failure to timely submit this report could delay disbursement of 2023 grant funds.
city:
Report Date:
1. As of the date of this
report, the city has paid
indigent defense expenses
as follows in 2022:
City Funds
Chapter 10.101 RCW
Other Funds
State Grant Funds
Attorney salaries and
benefits, contract and
conflict attorney
compensation
$
$
$
Investigators, experts,
interpreters, social
workers, and other
professional services
$
$
$
Other public defense
expenses
$
$
$
Total $ �_ _ $ �.. $
Will all 2022 grant funds be expended by
the end of the calendar year? Yes
Grant Agreement GRT22066
Exhibit B — Grant Report #2 — Due Dec. 1, 2022
No Unsure
Page 11 of 16
Page 16 of 89
Back to Agenda
2. Permissible
Use(s) of Grant
Funds (See
Section 4 of
Grant Agreement
Special Terms
and Conditions):
3. Description of
How Grant Funds
Have Been Used
in 2022:
4. Plans for 2023
Grant Funds:
5. Description of
Impact State
Funds Have Had
on Local Public
Defense Services
Grant Agreement GRT22066
Exhibit B — Grant Report #2 — Due Dec. 1, 2022
Page 12 of 16
Page 17 of 89
Back to Agenda
Exhibit C
Washington State Office of Public Defense
Public Defense Improvement Program
City Grant Report #3
All City grant recipients are required to submit a completed copy of this report, along with
all public defense attorneys' 2023 quarterly Certificates of Compliance to the Washington
State Office of Public Defense by June 1, 2023.
City: _
Report Date:
Contact — Name/Title:
Email:
Phone:
Address:
1. For 2023, the city has budgeted indigent defense expenses as follows:
Chapter 10.101 RCW State
City Funds
Grant Funds
J Other Funds
Attorney salaries and
benefits, contract and
conflict attorney
compensation
$
$
$
Investigators, experts,
interpreters, social
workers, and other
professional services
$
$
$
Other public defense
expenses
$
$
$
$
$
Total
$
2. What amount of the 2023 state grant funds has been spent to date?
Grant Agreement GRT22066
Exhibit C — Grant Report #3 — Due June 1, 2023
Page 13 of 16
Page 18 of 89
Back to Agenda
Grant Agreement GRT22066
Exhibit C — Grant Report #3 — Due June 1, 2023
Page 14 of 16
Page 19 of 89
Back to Agenda
Exhibit D
Washington State Office of Public Defense
Public Defense Improvement Program
City Grant Report #4
All City grant recipients are required to submit a completed copy of this report to the
Washington State Office of Public Defense by December 1, 2023.
City:
Report Date:
Contact —
Name/Title:
Email:
Phone:
Address:
1. As of the date of this report, the city has paid indigent defense expenses as follows in 2023:
City Funds
Chapter 10.101 RCW
Other Funds
State Grant Funds
Attorney salaries and
benefits, contract and
conflict attorney
compensation
$
$
$
Investigators, experts,
interpreters, social
workers, and other
professional services
$
$
$
Other public defense
expenses
$
$
$
Total
$
$
$
Will all 2023 grant funds be expended by
the end of the calendar year? Yes No Unsure
Grant Agreement GRT22066
Exhibit D — Grant Report #4 — Due December 1, 2023
Page 15 of 16
Page 20 of 89
Back to Agenda
Grant Agreement GRT22066
Exhibit D — Grant Report #4 — Due December 1, 2023
Page 16 of 16
Page 21 of 89
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4D
Subject: Adoption of a Resolution Approving an
Interagency Agreement with the
Washington State Administrative Office of
the Courts for Interpreter Services Fundinv
Back to Agenda
Meeting Date: January 25, 2022
Prepared by: Sharon Ells
Court Administrator
Atty Routing No.: 366922-0010 (Court)
Atty Review Date: January 20, 2022
Summary: The Washington State Administrative Office of the Courts (AOC) offers a program to reimburse
the court for the cost of spoken language interpretation, sign language interpretation and other goods and
services that improve language access for Limited English Proficient, deaf, and hard of hearing persons.
By this Resolution, the Council would authorize the Mayor to execute an Interagency Agreement with AOC for
these fund. The court would be reimbursed a maximum of $1,473 for interpreter and language access
services costs incurred during the period of July 1, 2021, to June 30, 2022.
Recommendation: Staff recommends the Council adopt the Resolution and authorize the mayor to sign the
Interagency agreement between Washington State Administrative Office of the Courts and Port Orchard
Municipal Court
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a Resolution, authorizing the mayor to sign the Interagency
Agreement with the Washington AOC for interpreter services funding.
Fiscal Impact: Additional revenue to improve access to the court for Limited English Proficient, deaf, and
hard of hearing persons
Alternatives: Not authorize the agreement and provide additional guidance
Attachments: Resolution
Ex. A - Interagency Agreement IAA22486
Page 22 of 89
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN INTERAGENCY AGREEMENT WITH THE
WASHINGTON STATE ADMINISTRATIVE OFFICE OF COURTS FOR INTERPRETER
SERVICES FUNDING.
WHEREAS, pursuant to Chapter 2.42 RCW, the Port Orchard Municipal Court supplies
credentialed interpreters for individuals appearing before ethe Court and incurs associated costs;
and
WHEREAS, the Washington State Administrative Office of the Courts (AOC) provides
funding to subsidize these costs incurred by municipal courts in Washington and the City has been
selected to receive said funding; and
WHEREAS, pursuant to RCW 35A.11.040, the City Council is empowered to accept a grant
for any public purpose; and
WHEREAS, pursuant to Chapter 39.34 RCW, the City is empowered to enter into a
cooperative agreement with AOC for this municipal purpose; and
WHEREAS, the City Council finds it is in the best interest of the health, safety and welfare
of the residents of Port Orchard to enter into an Interagency Agreement with AOC and receive the
associated funding for these purposes; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves of and authorizes the Mayor to execute an Interagency
agreement with the Washington State Administrative Office of Courts for Interpreter
Services and associated funding, a copy of which is attached hereto as Exhibit A and
incorporated herein by this reference.
THAT: The City Council hereby ratifies all actions previously taken consistent with this
authorization.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
Page 23 of 89
Back to Agenda
Resolution No.
Page 2 of 9
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 2511 day of January 2022.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
Page 24 of 89
DocuSign Envelope ID: DD1 D7E7B-7C28-4334-BE3F-A1 FC9675BCAB
Back to Agenda
INTERAGENCY AGREEMENT IAA22486
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
PORT ORCHARD MUNICIPAL COURT
THIS AGREEMENT (Agreement) is entered into by and between the Administrative Office of
the Courts (AOC) and Port Orchard Municipal Court, for the purpose of distributing funds for
court interpreter and language access service expenses to the Port Orchard Municipal Court
(Court).
DEFINITIONS
For purposes of this contract, the following definitions shall apply:
a) "Credentialed Interpreter" means an interpreter who is certified or registered by the
Administrative Office of the Courts, as defined in RCW 2.43.020 (4) and RCW
2.43.020 (6), or an interpreter certified by the Office of the Deaf and Hard of Hearing
(ODHH) pursuant to WAC 388-818-500, et seq.
The names and contact information of AOC-certified interpreters are found, and
incorporated herein by reference, at
http://www.courts.wa.-gov/pro-grams or s/ os interpret/
The names and contact information of ODHH-certified interpreters are found, and
incorporated herein by reference, at:
htt s://fortress.wa. ov/dshs/odhha s/Inter reters/Courtlnter reter.as x
b) "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).
c) "Qualifying Event" means a proceeding or event for which an interpreter is appointed
by an appointing officer pursuant to RCW 2.42 and/or RCW 2.43.
2. PURPOSE
The purpose of this Agreement is to partner with individual local courts in improving
access to the Court for Limited English Proficient (LEP), deaf, and hard of hearing persons
in accordance with RCW Chapters 2.42 and 2.43.
These funds are intended to address each court's following needs:
• Financial Need
For example, the gap between the court's available financial resources and the costs
to meet its need for credentialed interpreters and the implementation of the Court's
language access plan.
• Need for Court Interpreters
For example, the public's right to access the court, and the court's responsibility to
provide credentialed interpreters as required by RCW Chapters 2.42 and 2.43.
IAA22486
Page 1 of 7
Page 25 of 89
DocuSign Envelope ID: DD1 D7E7B-7C28-4334-BE3F-A1 FC9675BCAB
Back to Agenda
• Need for Language Access in General
For example, translations for websites, translated forms, interpreting equipment,
technology enabling remote interpreting, and other things that are necessary for
courts to provide fair and equitable access for people who are LEP, deaf, and hard
of hearing.
3. GENERAL REQUIREMENTS
a) The Court shall provide the AOC with a mailing address, vendor identification
number, and contact information for the person identified as the main contact, and
their email address.
b) The Court will ensure that the funding is used only for language access purposes
and for reimbursement of costs paid to credentialed and qualified interpreters for
Qualifying Events pursuant to Exhibit A, which is incorporated herein by reference.
c) The Court agrees to track and provide interpreter cost and usage data using a web -
based application provided by the AOC Language Access Reimbursement Program,
reflecting information about the Court's interpreter and language access costs and
services.
d) The Court agrees to work with the AOC Language Access Reimbursement Program,
the Interpreter Commission, and neighboring courts to identify and implement best
and promising practices for providing language access and interpreter services.
e) The Court agrees to encourage its staff overseeing interpreter services at the court
to attend trainings, in person and/or online, provided by the AOC Interpreter
Commission and Interpreter Program.
f) The Court may elect to pay for interpreter services that are not in accordance with
the provisions of Exhibit A as set forth; however, such payments will not be
reimbursed.
4. LANGUAGE ACCESS PLAN REQUIREMENT
a) The Court is required to have a Language Access Plan (LAP) to be a part of the
Language Access Reimbursement Program.
b) All Courts participating in the Language Access Reimbursement Program must
submit either an updated or new Language Access Plan (LAP).
c) Language Access Plan must be received for review and approval by the AOC,
pursuant to the schedule below. The AOC can refuse payment if the LAP is
submitted after the deadlines listed below.
Language Access Plan Documents Language Access Plan Documents Due Dates
Draft 1 January 31, 2022
Draft 2 March 31, 2022
Final May 1, 2022
IAA22486 Page 2 of 7
Page 26 of 89
DocuSign Envelope ID: DD1 D7E7B-7C28-4334-BE3F-A1 FC9675BCAB
Back to Agenda
d) Staff from the Washington State Supreme Court Interpreter Commission will work
with courts to develop and implement their LAPs, and will provide technical
assistance and training when needed.
5. TECHNICAL REQUIREMENTS
a) The Court shall use the Language Access Reimbursement Web Application created
by the AOC to electronically submit quarterly data and A-19 voucher invoices for
reimbursements.
b) Courts submitting quarterly data and A-19 vouchers shall use one of the following
supported web browsers:
MS Edge
Chrome
• Firefox
c) Network access to the Inter -Governmental Network (IGN) or VPN access to the IGN
will be required to use the Language Access Reimbursement Web Application.
d) JIS Court Credentials (RACF) will be required to authenticate and gain access to the
Language Access Reimbursement Program Web Application.
6. PERIOD OF PERFORMANCE
The beginning date of performance under this Agreement is July 1, 2021, regardless of the
date of execution and which shall end on June 30, 2022, Fiscal Year 2022 (FY22).
7. COMPENSATION AND COMPENSATION PROCEDURES
a) The Court shall be reimbursed a maximum of $1,473 for interpreter and language
access services costs incurred during the period of July 1, 2021 to June 30, 2022,
FY22.
b) No reimbursement shall be made under this Agreement for language access
services provided after June 30, 2022.
c) The Court shall receive payment for its costs for language access services as set
forth in Exhibit A, and incorporated herein.
d) The Court shall only receive payment after properly submitting A-19 voucher
invoices and corresponding data (See subsection 3b).
e) The Court shall submit requests for reimbursements to the AOC quarterly according
to the schedule below (see chart below). The AOC will not accept monthly requests
for reimbursements.
f) Requests for reimbursement must be received for review and approval by the AOC,
pursuant to the schedule below. The AOC can refuse payment if requests for
reimbursement are submitted after the deadlines listed below.
IAA22486
Page 3 of 7
Page 27 of 89
DocuSign Envelope ID: DD1 D7E7B-7C28-4334-BE3F-A1 FC9675BCAB
Back to Agenda
Fiscal
Quarter:
For qualifying and non -qualifying events,
goods and services, and staff interpreter
costs incurred between:
July 1, 2021 — September 30, 2021
Deadlines — reimbursements
must be received by the AOC
no later than:
Quarter 1:
January 31, 2022
Quarter 2:
October 1, 2021 — December 31, 2021
March 31 2022
May 31, 2022
July 10, 2022
Quarter 3:
January 1, 2022 — March 31, 2022
Quarter 4:
April 1, 2022 — June 30, 2022
g) If this 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.
h) The Court shall submit its quarterly data and A-19 invoice vouchers using the
Language Access Reimbursement Web Application.
i) 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 invoice
and the completed data report.
j) The Court shall maintain sufficient backup documentation of expenses under this
Agreement.
k) The 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, the AOC may reduce the maximum Agreement
amount. The AOC may increase the maximum Agreement amount if additional funds
become available through these revenue sharing provisions.
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
IAA22486 Page 4 of 7
Page 28 of 89
DocuSign Envelope ID: DD1 D7E7B-7C28-4334-BE3F-A1 FC9675BCAB
Back to Agenda
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.
IAA22486
Page 5 of 7
Page 29 of 89
DocuSign Envelope ID: DD1 D7E7B-7C28-4334-BE3F-A1 FC9675BCAB
Back to Agenda
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:
• Applicable state and federal statutes and rules;
• This Agreement; and
• 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.
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.
IAA22486
Page 6 of 7
Page 30 of 89
DocuSign Envelope ID: DD1 D7E7B-7C28-4334-BE3F-A1 FC9675BCAB
Back to Agenda
20. 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
Michelle Bellmer
PO Box 41170
Olympia, WA 98504-1170
michelle.bellmer@courts.wa.gov
(360) 350-5373
i Court Program Manager
Sharon Ells
Court Administrator
216 Prospect St, Port Orchard, WA
Port Orchard, WA 98366-5326
sells@cityofportorchard.us
(360) 876-1701
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.
AGREED:
Administrative Office of the Courts
DocuSignedd jby:
11-30-2021
D1F2A3D64FD2461...
Signature Date
Dawn Marie Rubio
Name
State Court Administrator
Title
Court
7�7 11 /29/2021
Signature Date
Robert Putaansuu
Name
Mayor
Title
IAA22486
Page 7 of 7
Page 31 of 89
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4E
Subject: Adoption of a Resolution Accepting the
AWC RMSA Lexipol Membership
Reimbursement Grant
Back to Agenda
Meeting Date: January 25, 2022
Prepared by: Matt Brown
Atty Routing No.
Atty Review Date
Chief of Police
366922-0012 (PD)
January 20, 2022
Summary: Since 2019, the Police Department has utilized an online policy manual delivered through Lexipol.
Lexipol is recognized as a national standard for law enforcement policy and provides a customizable product
to the City that includes regular updates, training bulletins, and digital access to officers in the field.
Additionally, the Department uses Lexipol's training site, PoliceOne, to deliver online training and
management of Department inventory.
The City's insurer, AWC, recognizes the value of the Department using Lexipol and it associated accountability
systems. It has established an annual grant program that provides $5,000 per fiscal year to off -set costs. The
City's subscription for 2022 costs $12,059.25. The grant covers 44% of the yearly subscription fee.
By this Resolution the Council would authorize the acceptance of this grant funding and authorize the Mayor
to execute any necessary documents to effectuate this authorization.
Recommendation: Staff recommends the Council adopt a Resolution accepting the AWC RMSA Lexipol
membership Reimbursement grant.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a Resolution accepting the AWC RMSA Lexipol membership
Reimbursement grant.
Fiscal Impact: Additional revenue to fund the City's online policy and training delivery platform.
Alternatives: Not authorize the agreement and provide additional guidance.
Attachments: Resolution
2022 - AWC RMSA Lexipol member Reimbursement grant application
Page 32 of 89
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE ACCEPTANCE OF GRANT FUNDING FROM THE ASSOCIATION OF
WASHINGTON CITIES RISK MANAGEMENT SERVICE AGENCY LEXIPOL
MEMBERSHIP REIMBURSEMENT GRANT PROGRAM.
WHEREAS, since 2019, the City of Port Orchard Police Department has utilized the online
policy manual service Lexipol; and
WHEREAS, the City has been awarded grant funding from the Association of Washington
Cities (AWC) Risk Management Service Agency (RMSA) Lexipol Membership Reimbursement Grant
program to offset a portion of the City's subscription costs for Lexipol in the amount of $5,000 for
2022; and
WHEREAS, pursuant to RCW 35A.11.040, the City Council is empowered to accept a grant
for any public purpose; and
WHEREAS, the City Council finds it is in the best interest of the health, safety and welfare
of the residents of Port Orchard to accept the grant funding; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council accepts the AWC RMSA grant funding for Lexipol membership
costs in the amount of $5,000 for 2022 and authorizes Mayor to execute all documents
necessary to effectuate this acceptance.
THAT: The City Council hereby ratifies all actions previously taken consistent with this
authorization.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 25t" day of January 2022.
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
Page 33 of 89
Back to Agenda
R I S K 9%%TKIQ
MANAGEMENT
S E R V I C E 1076 Franklin Street SE • Olympia, WA 98501-1346
AGENCY
AWC RMSA Lexipol membership
Reimbursement grant application
Grant program guidelines:
• January 1: Application for Lexipol reimbursement grants officially opens. Members are entitled to collect up
to 50% of the annual cost of Lexipol services, with a maximum reimbursement of $5,000 per year.
• Within 10 business days of application submission: Applicants will be sent notification that we have
received your request. Since billing is done on an individual basis by Lexipol, we are keeping this grant
program open from the start of the year until mid -November to allow sufficient time for our members to
utilize this new benefit.
• November 15: Documentation claiming reimbursement for accepted grants must be submitted. Final
approval and reimbursement will be issued once a paid invoice is received showing total costs incurred.
Port Orchard Police Department
360 876-1700 / mbrown@cityofportorchard.us
Member
Phone / Email
Matt Brown
Chief of Police
Applicant / Contact
Title
Amount of grant request: $ $5,000
Please note that by filing an application for grant funds, and by accepting payment from RMSA, you are hereby
granting permission for RMSA to access/request all Lexipol records for your department with regard to usage,
training, etc. for record keeping.
Requesting authority signature: Date: 1 Z
Return completed application to: RMSA(b_awcnet.org or fax to 360-753-0149.
awc i 1 %.0
360.753.4137 • 800.562.8981
/rmsa
Page 34 of 89
Back to Agenda
�_. City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
e iN : i -1 (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Item 4F Meeting Date: January 25, 2022
Subject: Approval of Amendment No. 1 to Prepared by: Mark Dorsey, P.E.
Contract No. 046-21 with Otis Elevator Public Works Director
Company for City Hall Elevator Atty Routing No: 366922-0009 (PW)
Maintenance Atty Review Date: January 20, 2022
Summary: The Public Works Department budgeted $20,000.00 within the 2021-2022 Biennial Budget for
continued City Hall elevator maintenance. On May 25, 2021, the City executed a Purchased Services
Agreement with Otis Elevator C046-21 for the provision of City Hall Elevator Maintenance. Section 1C of
the underlying agreement provides that this agreement shall commence on June 1, 2021 and shall
terminate on June 1, 2026. Section 3 Compensation states that "Compensation for these services shall
not exceed $10,000 without written authorization and will be based on billing rates and reimbursable
rates attached to underlying agreement as Exhibit A. The consultant and the City have conferred and
wish to clarify that the parties intended that the "not to exceed" amount of $10,000 is an annual amount
for each year of the five-year contract. The "not to exceed" amount listed in Section 3 Compensation is
an annual maximum. Therefore, compensation for these services shall not exceed $10,000 annually for
each year of the five-year contract without written authorization. This amendment is a clarification of
the contract language.
Relationship to Comprehensive Plan: Chapter 9 — Capital Facilities
Recommendation: Staff recommends that the City Council approve Amendment No. 1 for Contract No.
C046-21 with Otis Elevator Company clarifying a not to exceed amount of $10,000.00 per year for a five-
year term.
Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 1 to Contract No.
C046-21 with Otis Elevator Company, clarifying a not to exceed amount of $10,000.00 per year for a five-
year term.
Fiscal Impact: The 2021-2022 Biennial Budget allocated $20,000.00 for this service (001.05.518.30.40).
The contract term is five years and will require future budget allocations to cover the balance of the
term.
Alternatives: Do not approve
Attachments: C046-21 Amendment No. 1
Page 35 of 89
CITY OF PART ORCHARD aacrc ><v ,Rgenaa
Authorization for Amendment No. 1 for Purchased Services Agreement
Date: January 25, 2022
Project: City Hall Elevator Maintenance
Contract / Job # C046-21, PW2021-014
Vendor: Otis Elevator Company
3315 S 116t' St. #149
Seattle WA 98168
Description of reason for amendment:
To clarify and properly record that the Five -Year Otis Elevator Service Agreement (C046-21) which has a
"not to exceed" amount of $10,000 is an annual "not to exceed" amount. The Agreement commenced
on 6/1/21 and terminates 6/1/26 (unless extended).
Contract History
Amount Sales Tax Total Date Appvd by
Original Contract
$10,000.00
na
$10,000.00
25-May-21
Council
Amendment 1:
$40,000.00
na
$40,000.00
25-Jan-22
Council
6/1/22-6/1/23-not to exceed $10,000
6/2/23-6/1/24-not to exceed $10,000
6/2/24-6/1/25-not to exceed $10,000
6/2/25-6/1/26-not to exceed $10,000
I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and
costs are true and accurate.
C tra or Approval Signature arks Director/City er
Grant Berryhill, Sales Manager MARK R. DORSEY, P.E.
Printed Name & Title Printed Name
Change Orders that do not exceed 10%, with a maximum of
$50,000, of either legally authorized budget limit or contract Approved:
amount established by City Council can be approved by the Public
Works Director.
Change Orders that do not exceed 10%, with a maximum of Attest:
$100,000, of either legally authorized budget limit or contract
amount established by City Council are to be approved by the
Mayor.
Change Orders over $100,000 or exceed a total of 10% require
Council Action.
Mayor
City Clerk
Council Approval Date
U:\1_Adminstration\E_Centralized Procuremenl\PROCUREMENT12022 Contract ExtensionsNC046-21 Otis Elevator -MARK Sign orNEED TO SEND TO OTIS 11.24 21\C046-21 Amd#1-Otis Elevator
Company -cover jr tl,DOC Page 1
Page 36 of 89
Back to Agenda
Amendment No. 1 to Contract No. C046-21
CITY OF PORT ORCHARD PURCHASED SERVICES AGREEMENT WITH
Otis Elevator Company
THIS AMENDMENT No. 1 to Contract No. C046-21 ("Amendment") is made effective as of the
25`h day of January, 2022, by and between the City of Port Orchard ("City), a municipal corporation,
organized under the laws of the State of Washington, and Otis Elevator Company, a corporation organized
under the laws of the State of Washington, located and doing business at 3315 S. 116`h St #149, Seattle,
WA 98168 ("Vendor").
WHEREAS, on May 25, 2021, the City executed a Purchased Services Agreement with Consultant,
for the provision of City Hall Elevator Maintenance ("Underlying Agreement"); and
WHEREAS, Section 1 C ("Terms") of the Underlying Agreement provides that "[t]his Agreement
shall commence on June 1, 2021 ("Commencement Date") and shall terminate June 1, 2026 unless extended
or terminated in writing as provided herein. Additionally, the City reserves the right to review the
Agreement at regular intervals to assure the quality of services provided by the Vendor"; and
WHEREAS, Section 3, "Compensation" states that "Compensation for these services shall not
exceed $10,000 without written authorization and will be based on billing rates and reimbursable expenses
attached hereto as Exhibit "A".; and
WHEREAS, the Consultant and the City have conferred and wish to clarify that the parties intended
that the not to exceed amount of $10,000 is an annual amount for each year of the five-year contract; and
WHEREAS, the parties wish to memorialize their agreement to so extend the Underlying
Agreement; NOW, THEREFORE,
In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as
follows:
1. Section 3 of the Underlying Agreement of May 25, 2021 between the parties is amended to read as
follows (amendment shown in legislative marks):
3. Compensation.
❑ LUMP SUM. Compensation for these services shall be a Lump Sum of
❑X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall
not exceed $10,000.00 without written authorization and will be based on billing rates and
reimbursable expenses attached hereto as Exhibit "A".
Page 1 of 2
1459690v1 366922-0009
Page 37 of 89
Back to Agenda
❑ TIME AND MATERIALS. Compensation for these services shall be on a time and
materials basis according to the list of billing rates and reimbursable expenses attached
hereto as Exhibit
❑ OTHER.
►. {F 1 . 1 1 L.. , 1 .
4. Entire Agreement. The written provisions and terms of this Amendment No. 1 shall
supersede all prior verbal statements of any officer or other representative of the parties,
and such statements shall not be effective or be constructed as entering into or forming a
part of or altering in any manner whatsoever this Amendment No. 1. The entire agreement
between the parties with respect to the subject matter hereunder is contained in the
Underlying Agreement and exhibits thereto, and this Amendment No 1. Except as
expressly modified by this Amendment No. 1, all other provisions of the Underlying
Agreement not inconsistent with this Amendment No. 1 shall remain in full force and
effect.
5. Effective date. This Amendment No. 1 shall be effective on January 25, 2022.
IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set
forth above.
CITY OF PORT ORCHARD, VENDOR
WASHINGTON
By: By:
Robert Putaansuu, Mayor Na r nt Berryhill
TitI. ales Manager
ATTEST/AUTHENTICATE
IN
Brandy Rinearson, MMC City Clerk
APPROVED AS TO FORM:
am
Charlotte A. Archer, City Attorney
Page 2 of 2
1459690v 13669 22-0009
Page 38 of 89
PORT ORcHARDPoucEDEpmumnENT
1
f,
■ill J&dF—
t
Strategic Plan
2021-2025 j?OLIC
I on OR'HARn
1890
An
9
dF
Goal #1— Communit
• Town -hall style meetings
One QOMpO(RAS)d
• Race Equity Plan
• Mueezed d,uwa nw on humgg
Back to Agenda
Engagement
• Community Advisory Board
• Add memo rsh'p
PORT ORCHARD POLICE DEPARTMENT
Page 40 of 89 SERVICE • HONOR • INTEGRFTY
Goal #2 — Communication
Evolution of the Navigator Program
Back to Agenda
• Community Health Navigator
U)Mphlad
PORT ORCHARD POLICE DEPARTMENT
Page 41 of 89 SERVICE • HONOR • INTEGRFTY
Goal #2 — Communication
• Increased Social Media Presence
Muc wad Facak)(D& pe2ance
Me Waounhgg
C780,0m & R=DUMS,
• Department's Webpage
Page 42 of 89
Back to Agenda
UaTORW o0 fwm2Own=z
Muaas— Q pUNWoo aind Sacam-
0uo�o(1)N
PORT ORCHARD POLICE DEPARTMENT
SERVICE • HONOR • INTEGRFFY
Back to Agenda
Goal #3 — Employee Development.
• Annual Training Plan •Commitment to Leadership Training
QmpOaftd 0 on-G n
• Master Training Plan ° R UEEDQ
SPSC
o Un-progress 0 SMP
• Outside Training
on-gmno
o Ac Vve Shooter
• Emergency y Management
• Officers webers
PORT ORCHARD POLICE DEPARTMENT
Page 43 of 89 SERVICE • HONOR • INTEGRFTY
Goal #4 — Achieve Accreditation
0
Page 44 of 89
QOLico
gym-
CITY OF
I � PORf ORCHAPR
7890
Back to Agenda
EO
PORT ORCHARD POLICE DEPARTMENT
SERVICE • HONOR • INTEGRITY
Goal #5 - Technolo
• Records Management System
Nod -years W22
• Digitalization of Records
o Purge comp0ete through 2000
10,9000 paper records
1942-2015 sec offense records
archoded w1th �In QSpC
o � n=progress
o Purge of post=2000 records
Back to Agenda
• Evidence Collection &Storage
o DD o 'W—on—Q
o Eectrr'onoc evIdenc e storage
• QuarteHyAudits
• Msposo�oon pu r�o m o
• Keys arrd entry + aNrm system
PORT ORCHARD POLICE DEPARTMENT
Page 45 of 89 SERVICE • HONOR • INTEGRFTY
2022 — Goals and Aspirations
• Meet all COVID-19 challenges
manila s)z 0
• Meet all training mandates
0 POT(A U=kz QLEUOQ
cyboS MUTWeRUM
• Continued recruitment/hiring
0 0-4 000y po30o0n
Back to Agenda
• Body -worn camera program
0 M-pToo aw Qo���000 �o�OD
o �220,000
• Hire additional FTE to manage
BWC program records Q2022�
• Implement Blue Team / IAPro
Page 46 of 89
UmMun o and an*Az
Q0 CF
�FORf
C ITV OF
I ORCHARD
7090
PORT ORCHARD POLICE DEPARTMENT
SERVICE • HONOR • INTEGRFFY
2022 — Goals and Aspirations
• Property Room dispositions
G3a lac�c� �o �,9 00 0�eumz
'ane on, ome oaf,
• Complete a staffing survey
Neado-caved, Rot popa0a JFDR-bazad
• Navigator integration into the state
system
Back to Agenda
• Cross -train all Administrative
Services Staff
goo
o Me R.E.AoLo pmg yam
QRwwwy, Emp wwmaM, Adwcac % Unka o Q
Page 47 of 89
[Rec wdo
EY0dance
Q0 CF
C ITV OF
I �FORf ORCHARD
7090
PORT ORCHARD POLICE DEPARTMENT
SERVICE • HONOR • INTEGRFFY
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7A
Adoption of a Resolution Repealing
Resolution No. 008-20 and Accepting
Council Committee Assignments and
Establishing Council Standing Committees
Meeting Date
Prepared by
Atty Routing No.
Atty Review Date
Back to Agenda
January 25, 2022
Brandy Rinearson, MMC
City Clerk
N/A
N/A
Summary: On January 18, 2022, Council Work Study meeting, Councilmembers provided recommendations
on committees they would like to serve on. The following depicts the outcome of the meeting:
Committees
Finance
Land Use
Economic Development/Tourism
Utilities/SAC
Festival of Chimes and Lights
Transportation
Lodging Tax
Committee Members
Rosapepe, Clauson, and Cucciardi
Chang, Diener, and Rosapepe
Trenary, Chang, and Cucciardi
Clauson, Lucarelli, and Trenary
Lucarelli
Trenary, Diener, and Chang
Cucciardi
Outside agencies are assigned as follows:
Health District:
Mayor, Clauson (alt)
Kitsap Regional Coordinating Council:
Mayor, Rosapepe (alt)
KRCC Exec. Board
Rosapepe, Trenary (alt)
PSRC Exec. Board:
Mayor, Rosapepe (alt)
Kitsap Economic Development Alliance:
Lucarelli
PSRC Transpol:
Rosapepe (alt)
KRCC Transpol:
Rosapepe (alt)
KRCC PlanPol:
Mayor, Rosapepe (alt)
PRTPO Exec Board:
Planning Commissioner Ashby, Mayor (alt)
It was stated that during the first meeting of each committee, the chairperson would be voted on the date
and time of the meetings.
Recommendation: Staff recommends adoption of a Resolution repealing Resolution No. 008-20 and
adopting new Council committee assignments.
Page 48 of 89
Back to Agenda ,m 7A
Page 2of2
Relationship to Comprehensive plan: N/A
Motion for consideration: I move to adopt a Resolution repealing Resolution No. 008-20 and adopting new
Council committee assignments as presented.
Fiscal Impact: None
Alternatives: N/A
Attachments: Resolution.
Page 49 of 89
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING
RESOLUTION NO. 008-20 COUNCIL COMMITTEE ASSIGNMENTS AND
RESPONSIBILITIES AND ADOPTING NEW COUNCIL COMMITTEE ASSIGNMENTS.
WHEREAS the City of Port Orchard is governed by an elected Mayor and seven City
Council members; and
WHEREAS, the City Council established certain select committees to serve and
recommend policy to the full Council; and
WHEREAS, the Council every two years updates committee assignments by resolution;
and
WHEREAS, the Council has designated new assignments and wishes to repeal Resolution
No. 008-20, in its entirety; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY
RESOLVE AS FOLLOWS:
THAT: Resolution No. 008-20, is hereby repealed in its entirety.
THAT: The following Council committees are hereby continued or established:
Committees
Finance
Land Use
Economic Development/Tourism
Utilities/SAC
Festival of Chimes and Lights
Transportation
Lodging Tax
Committee Members
Rosapepe, Clauson, and Cucciardi
Chang, Diener, and Rosapepe
Trenary, Chang, and Cucciardi
Clauson, Lucarelli, and Trenary
Lucarelli
Trenary, Diener, and Chang
Cucciardi
THAT: Implementation of the new committee structure is effective January 26, 2022.
THAT: During the first meeting of each committee, the committee shall nominate the chair of
the committee and determine a meeting schedule.
THAT: Outside agencies are assigned as follows:
Health District: Mayor, Clauson (alt)
Kitsap Regional Coordinating Council: Mayor, Rosapepe (alt)
KRCC Exec. Board Rosapepe, Trenary (alt)
PSRC Exec. Board: Mayor, Rosapepe (alt)
Kitsap Economic Development Alliance: Lucarelli
PSRC Transpol: Rosapepe (alt)
Page 50 of 89
Back to Agenda
Resolution No.
Page 2of2
KRCC Transpol: Rosapepe (alt)
KRCC PlanPol: Mayor, Rosapepe (alt)
PRTPO Exec Board: Planning Commissioner Ashby, Mayor (alt)
AND FURTHER THAT: At a regular Council meeting of each even numbered year, the City
Council shall establish the responsibilities of each committee and the committee membership.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 25t" day of January 2022.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
Page 51 of 89
;0 4
a
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7B
Adoption of a Resolution Approving an
Interlocal Agreement with South Kitsap
School District Concerning School Impact
Fees
Back to Agenda
Meeting Date: January 25, 2022
Prepared by: Nicholas Bond, AICP
DCD Director
Atty Routing No.: Matter 11-Development
Atty Review Date: January 18, 2022
Summary: In 2007, the City of Port Orchard agreed to adopt school impact fees at South Kitsap School
District's (SKSD) request. The City did this without the benefit of an interlocal agreement (ILA). The result of
the arrangement up to this point was that the City adopted the provided school impact fee rates, but the fees
were paid directly to SKSD where the money was managed and spent by the school district. While the City
does not believe SKSD has in anyway mismanaged these funds, the absence of an ILA means that the City
would be liable for any misuse of funds or appeals related to the application of these fees.
The proposed agreement amends our current practices such that the fees will be paid directly to the City and
then transferred to SKSD on a regular basis. This will be more convenient for builders because they will not
be required to go to SKSD offices to make this payment before returning to the City with a receipt. In
addition, the agreement provides that SKSD will indemnify the City for appeals related to the calculation,
application, and spending of the fees. While receipting and disbursing the collected impact fees will be
slightly more work for city staff, the benefits associated with the indemnification provisions of the agreement
far outweigh those costs. In addition, the agreement provides a framework for providing annual updates to
SKSD's Capital Facilities Plan as well as an annual report on impact fee collection and spending.
The SKSD School Board approved the ILA at a previous meeting and has provided a signed copy of the
agreement to the City.
Relationship to Comprehensive Plan: Impact Fees are authorized by the Growth Management Act. A
requirement of state law is that the fees be based on planned improvements from an adopted capital
facilities plan. In this case, SKSD maintains a capital facilities plan and updates it annually.
Recommendation: Staff recommends approval of the ILA as presented.
Motion for consideration: "I move to adopt a Resolution authorizing the Mayor to sign an interlocal
agreement with the South Kitsap School District as presented."
Fiscal Impact: The increases in costs related to the ILA are de minimis.
Alternatives: Do not approve the ILA. Request that City staff negotiate revisions to the ILA. Repeal school
impact fees.
Attachments: Resolution, ILA signed by the Superintendent
Page 52 of 89
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHIGNTON AUTHORIZING
THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH SOUTH KITSAP
SCHOOL DISTRICT NO. 402 FOR THE COLLECTION OF SCHOOL IMPACT FEES.
WHEREAS, the Washington State Legislature passed the Growth Management Act,
chapter 36.70A RCW, including RCW 82.02.050 through 82.02.100 (the "Authorizing Statutes"
hereinafter), which authorizes the imposition of impact fees on development activity as part of
the financing for public facilities, which financing must provide for a balance between impact fees
and other sources of public funds; and
WHEREAS, the City had previously adopted a school impact fee program at the request
of the District; and
WHEREAS, the District has prepared and adopted a capital facilities plan, and
authorization to collect and expend fees is contingent upon the City's adoption of the District's
Capital Facilities Plan (CFP) as part of the City's Comprehensive Plan (RCW 36.70A.070) and on
the CFP's adherence with the Authorizing Statutes; and
WHEREAS, the District's Capital Facilities Plan is adopted as an appendix to the City's
Comprehensive Plan; and
WHEREAS, pursuant to RCW 82.02.050, counties, cities, and towns are authorized to
collect impact fees on behalf of the District; and
WHEREAS, under prior agreements between the parties, the District calculated and
collected the applicable school impact fees; and
WHEREAS, the District has updated its Capital Facilities Plan and has asked the City to
take over the tasks of calculating and collecting the School Impact Fees from applicants on behalf
of the District; and
WHEREAS, this new interlocal agreement will set forth the duties and responsibilities of
the parties with regard to implementation of the school impact fee program, as well as
indemnification responsibilities for any legal challenges to the program; and
WHEREAS, the City Council finds it in the public interest to authorize the Mayor to execute
the proposed interlocal agreement with South Kitsap School District No. 402 which is attached to
this Resolution as Exhibit "1"; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY
Page 53 of 89
Back to Agenda
Page 2of2
RESOLVE AS FOLLOWS:
Section 1. Agreement Authorized. The Mayor is hereby authorized to execute interlocal
agreement with South Kitsap School District No. 402 in substantially the form attached hereto as
Exhibit "1".
Section 2. Posting on Website Required. The Clerk is directed to post a copy of this
Agreement, once fully executed, on the City's website.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 2511 day of January 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
1518605.1- 366922 -0007
Page 54 of 89
Back to Agenda
INTERLOCAL AGREEMENT
BETWEEN
CITY OF PORT ORCHARD AND SOUTH KITSAP SCHOOL DISTRICT
THIS AGREEMENT is entered into this 17th day of December, 2021, by and between the
City of Port Orchard (the "City" hereinafter) and the South Kitsap School District No. 402 (the
"District" hereinafter).
WHEREAS, the Washington State Legislature passed the Growth Management Act,
chapter 36.70A RCW, including RCW 82.02.050 through 82-02.100 (the "Authorizing Statutes"
hereinafter), which authorizes the imposition of impact fees on development activity as part of the
financing for public facilities, which financing must provide for a balance between impact fees
and other sources of public funds; and
WHEREAS, the Authorizing Statutes require that impact fees may only be collected for
Public facilities which are addressed by a capital facilities element of a comprehensive land use
plan; and
WHEREAS, these Authorizing Statutes allow collection and expenditure of impact fees
only for public facilities which are addressed by a capital facilities element of a comprehensive
land use plan adopted under the Growth Management Act; and
WHEREAS, in 2010 the District requested that the City, on behalf of the District,
implement a fee program based on the Authorizing Statutes; and
WHEREAS, the District has prepared and adopted a capital facilities plan, and
authorization to collect and expend fees is contingent upon the City's adoption of the District's
Capital Facilities Plan (CFP) as part of the City's Comprehensive Plan (RCW 36.70A.070) and on
the CFP's adherence with the Authorizing Statutes; and
WHEREAS, the District's Capital Facilities Plan is adopted as an appendix to the City's
Comprehensive Plan and was last updated in July 2021; and
WHEREAS, under prior agreements between the parties, the District calculated and
collected the applicable school impact fees; and
WHEREAS, pursuant to RCW 82.02.050, counties, cities, and towns are authorized to
collect impact fees on behalf of the District; and
WHEREAS, the District has updated its Capital Facilities Plan and has asked the City to
take over the tasks of calculating and collecting the School Impact Fees from applicants on
behalf of the District; and
Interlocal Agreement between City of Port Orchard
and South Kitsap School District for School Impact Fees
Page 1 of 9
1463647.2 - 366922.0007
Page 55 of 89
Back to Agenda
WHEREAS, the City will need to update its ordinance on impact fees to address the new
procedures requested by the District; and
WHEREAS, prior to the City's adoption of an ordinance describing the features of the
school impact fee program, allowing the District to receive and expend school impact fees in
conformance with the Authorizing Statutes, the City and District desire to enter into an interlocal
agreement; and
WHEREAS, the District agrees to annually provide a copy of its adopted Capital
Facilities Plan to the City for consideration and incorporation pursuant its annual
comprehensive plan update schedule; and
WHEREAS, the City and the District desire to enter into this new Agreement pursuant
to and in accordance with the Interlocal Cooperation Act, Chapter 39.34 RCW, for the purposes
of administering and distributing the authorized school impact fees; and
WHEREAS, this interlocal agreement will set forth the duties and responsibilities of the
parties with regard to implementation of the school impact fee program, as well as indemnification
responsibilities for any legal challenges to the program;
NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as
follows:
L Responsibilities of the District.
The District, by and through its officials, officers, employees, agents, and representatives,
agrees to the following:
A. To adopt a capital facilities plan, which meets the requirements of the Authorizing
Statutes.
B. To submit information to the City to support the adoption of a school impact fee
ordinance in the City for the imposition of school impact fees, including the District's capital
facilities plan, a proposed impact fee schedule, and any other information required by the City's
ordinance. Such information should be understandable to the general public and be transparent in
how the impact fee amount is set and how it will be calculated to apply to applicants of different
types of development projects. In order to provide the City with adequate guidance on the
calculation of applicable school impact fees, the impact fee schedule shall provide a listing of all
applicable fee amounts for different types of residential development, including, but not limited
to: detached single family homes, multi -family homes, townhomes or zero Iot line homes, duplex,
triplex, and accessory dwelling units both attached and detached.
C. To annually submit to the City a six -year capital facilities plan or an update of the
previously adopted plan, together with an impact fee schedule, which meets the requirements of
the Authorizing Statutes and the school impact fee ordinance, on or before July 1" of each year.
This shall include a list of all capital facilities funded or constructed by the District with school
impact fees collected in the previous year(s) from any other city or Kitsap County.
Interlocal Agreement between City of Port orchard
and South Kitsap School District for school Impact Fees
Page 2 of 9
1463647.2 - 366922 -0007
Page 56 of 89
Back to Agenda
D. To establish and maintain school impact fee accounts, as required by RCW
82-02.070, as it now exists or may hereafter be amended. The impact fee account(s) shall be
interest -bearing fund(s), and the school impact fees received shall be invested in a manner consistent
with the investment policies of the District.
E. To expend impact fee revenues provided to the District under this Agreement, and
all interest proceeds on such revenues, solely for expenditures authorized by 82.02 RCW, as written
or hereafter amended, and as set forth in the adopted Capital Facilities Plan.
F. To prepare a report to the City to allow the City to meet the requirements of RCW
82.02.070(1) and submit such report to the City on or before March I5t of each year, showing the
source and amount of all monies collected, earned, or received and system improvements that were
financed in whole or in part by impact fees.
G. To properly expend impact fees, as required by RCW 82.02.050(4) and
82.02.070(2), as these statutes now exist or may hereafter be amended.
H. To encumber or expend impact fees as required by RCW 82.02.070(3) and where
the District has extraordinary and compelling reasons for noncompliance with this statute, the
District shall identify such reasons in written findings made by the School Board and delivered to
the City Council.
I. To notify property owners of refunds under RCW 82.02.080 and the processing and
payment of any refunds, together with any interest which may be due when a refund is required
Pursuant to RCW 82.02.080, as now written, or hereafter amended.
J. To review a]I covenants and declaration of restrictions for form, as these documents
are required by the school impact fee ordinance to maintain exceptions from payment of impact
fees. In the event that such covenants and/or declarations of restrictions are violated, the District
will have the responsibility for enforcement of same.
K. To maintain all accounts and records necessary to ensure compliance with this
Agreement, the school impact fee ordinance, the Authorizing Statutes, and a]I other applicable law.
L. To make determinations, pursuant to the City's impact fee ordinance, whether or
not residential activity in the City is exempt from payment of school impact fees, including
approving whether any exemption for school impact fees should be applied for low income
housing or early learning facilities. Any appeals of such a determination shall be handled by the
District.
M. The District shall handle all requests for consideration or appeals of the school
impact fees or dedication in lieu of fee payment from initiation to final decision as set forth under
and consistent with the City's Impact Fee Ordinance. The District's decision on reconsideration
and/or appeal shall be final. Except as provided under Section II below, the District shall be
responsible for defending the school impact fee and/or the District's responsibilities as set forth
Interlocal Agreement between City of Port Orchard
and South Kitsap School District for School Impact Fees
Page 3 of 9
1463647.2 - 366922 -0007
Page 57 of 89
Back to Agenda
herein regardless of whether an appeal of the school impact fee is filed with an appeal of the
underlying permit or not. The District shall handle all appeals at the District's cost. The scope of
the District's responsibility to defend and indemnify the City is set forth in Section IV below.
H. Responsibilities of the City.
In the event the City adopts a school impact fee ordinance, the City, by and through its officials,
off cers, employees, agents and representatives, agrees to the following:
A. Be responsible for the following aspects of the impact fee program:
To adopt a school impact fee schedule as part of the City's impact fee
ordinance, based on information submitted by the District, and prepared by
the District in compliance with the Authorizing Statutes and all other
applicable law.
2. To review annually updated information from the District relating to the
school impact fee schedule, and adoption of a new school impact fee schedule
based on information submitted by the District and prepared by the District
under the Authorizing Statutes and all other applicable law.
3. To calculate applicable impact fees to applicants based on the impact fee
schedule received from the District. If a development type is not included on
the District fee schedule, the City shall have the authority to interpret the rate
schedule and to utilize the most applicable development type for calculating
the applicable fee.
4. To receive payments of impact fees from applicants on behalf of the District
as part of development permit applications.
5. To determine whether applicants are excluded from the application of the
school impact fee and/or whether an applicant is eligible for deferral in
accordance with Ch. 20.1,92 of the Port Orchard Municipal Code.
5. To timely provide information to the District about requests for refunds or
challenges to the school impact fees, including forwarding those requests
directly to the District.
7. For administrative convenience while processing the fee payments, school
impact fees may be temporarily deposited in a City account. As soon as
practicable, the City will transmit the school impact fees collected and any
interest for the District to the District. The District shall deposit the fees
into the School Impact Account established by the District.
8. To refuse to issue a permit, or, if the impact fee is subject to deferral, to refuse
to issue a certificate of occupancy, until the impact fees are paid to the City.
Interlocal Agreement between City of Port Orchard
and South Kitsap School District for School Impact Fees
Page 4 of 9
1463647.2 - 365922 -OW7
Page 58 of 89
Back to Agenda
III. The City shall not be responsible for any appeals, administrative or judicial, of any
decisions or determinations relating to the school impact fee ordinance. The City shall
timely notify and tender as appropriate to the District any judicial appeal of the school
impact fees, as provided in Section IV herein. Examination of Records.
A. Each Party's records and documents with respect to all matters covered by this Agreement
shall be subject to inspection, review, or examination, by the other Party or other appropriate state
agency.
B. Each Party agrees to cooperate with any evaluation activities conducted by the other Party
that pertain to the subject of this Agreement This includes allowing the other party or appropriate
state agencies and/or any of their employees, agents, or representatives, to have full access to and
the right to examine and inspect, make excerpts or transcripts, during normal business hours, of
the Party's records or matters relating to this Agreement, except to the extent that any such records
are subject to the attorney -client privilege and are not subject to the Public Records Act with
respect to matters covered by this Agreement. The requesting Party shall provide fourteen (14)
days' advance notice to the other Party of examination and inspection of records relating to this
Agreement and shall arrange a mutually agreeable date and time to conduct such examination and
inspection.
C. To the extent the requesting Party prepares, creates, or produces any written evaluation or
other written memorialization or documentation ("record report") of its inspection, review, or
examination of the other Party's records pertaining or relating to the subject of this Agreement,
the requesting Party shall f rst provide the other Party with a reasonable opportunity to review and
comment on the report prior to finalization. .
IV. Indemnification and Hold Harmless.
A. The District is a separate municipal corporation, with the authority to adopt its capital
facilities plan and to encumber and/or spend the school impact fees collected by the City from
Property owners/developers in the City. The District acknowledges that because the District
gathers, collects, creates, and interprets the data used to develop its capital facilities plan, that the
District, not the City, is in the best position to ensure that its capital facilities plan conforms to the
Authorizing Statutes and all other applicable law. The District further acknowledges that because
the District will make its own discretionary decisions about how to encumber and/or spend the
school impact fees collected by the City, that the District, not the City, is in the best position to
ensure that its related actions conform to the Authorizing Statutes and all other applicable law.
With this in mind, the parties have agreed to indemnify the other as follows:
1. The District shall, at its own cost and expense, protect, defend, indemnify and hold
harmless the City, its officers, employees and agents, from any and all costs, claims, judgments or
awards of damages, including attorneys' fees and expert witness fees, arising out of or in any way
resulting from the acts or omissions of the District, its officers, employees or agents, relating to
the District's implementation of the school impact fee program, performance of the duties set forth
in Section I of this Agreement, or compliance with the school impact fee ordinance, the
Authorizing Statutes or applicable law, all as may be amended from time to time.
Interlocal Agreement between City of Port Orchard
and South Kitsap School District for Schoo[ Impact Fees
Page 5 of 9
1463647.2 - 366922 -0007
Page 59 of 89
Back to Agenda
2. It is the District's responsibility to refund any fees with interest, which are determined
by a court of competent jurisdiction to have been improperly paid, regardless of whether the
District erroneously established the fee amount and/or the City collected the school impact fee
amount.
3. The District agrees that while the City will be calculating and collecting the impact fees
from applicants, these calculations will be based on the District's established fees. The District
agrees to handle any disputes or appeals related to the school impact fees and will defend, at its
own cost and expense, the City in any disputes or appeals that may arise.
B. The District shall, at its own cost and expense, protect, defend, indemnify and hold
harmless the City, its officers, officials, employees and agents, frorn any and all costs, claims,
judgments or awards of damages, including attorneys' fees and expert witness fees, resulting from
any challenge to the constitutionality or legality of the school impact fee ordinance or the fee
schedule or the calculation of impact fees or determination applicable to any individual permit
application. If a Iawsuit is filed, the City shall immediately send a copy to the District and tender
defense to the District. Once the District assumes defense of any appeal relating to the school
impact fee ordinance, fee schedule, individual determinations, or collection of impact fees, the
District shall not be responsible to reimburse the City for any of the City's attorneys' fees or
litigation costs incurred thereafter.
C. The District further agrees that the District shall, at its own cost and expense, defend,
indemnify, and hold harmless the City, its Officers, officials, employees, and agents from any and
all costs, claims, judgments or awards of damages, including attorneys' fees or expert witness fees
arising out of or in any way resulting from the District's failure to refund impact fees, or interest
on such impact fees. The District's failure to refund impact fees, or interest on such impact fees
includes but is not limited to a determination that impact fees from development activity that was
not completed are not refundable because the funds were expended or encumbered by the District,
whether or not the District's determination was made in good faith; provided, however, that once
the District assumes defense of any such claim or action, the District shall not be responsible to
reimburse the City for any of the City's attorneys' fees or litigation costs incurred thereafter.
D. The City shall, at its own cost and expense, protect, defend, indemnify and hold harmless
the District, its officers, employees, or agents from any and all costs, claims, judgments, awards,
attorneys' fees or expert witness fees arising out of or in any way resulting from the acts or
omissions of the City, its officers, officials or employees relating to the performance of the City's
responsibilities as set forth in Section II of this Agreement. The City's decision to use the
information provided by the District (initially or annually) when adapting or updating a school
impact fee ordinance shall not be the basis for City liability, nor shall the City's calculation,
imposition, or collection of school impact fees to any applicant be a basis for City liability, and
the parties agree that if the City relies upon the information provided by the District (initially or
annually) in the adoption of a school impact fee ordinance, any subsequent fee schedule, or the
imposition of fees on applicants in accordance with that fee schedule, the City shall not be required
to defend any appeal or challenge to the District's information, data, use of school impact fees,
calculation of fees, or decisions on reconsideration/appeal. Once the City assumes defense of any
Interlocal Agreement between City of Port Orchard
and South Kitsap School District for School Impact Fees
Page 6 of 9
1463647.2 - 366922 -0007
Page 60 of 89
Back to Agenda
claim or action, the City shall not be responsible to reimburse the District for any of the District's
attorneys' fees or litigation costs incurred thereafter.
E. The duties of the parties to each other under this Section IV shall survive termination or
expiration of this Agreement.
V. Effective Date and Termination.
A. The District's authorization to receive impact fees under this Agreement may be terminated
without cause by the City, in whole or in part, at any time, but only upon the repeal or invalidation
of the school impact fee ordinance (or any fee schedules adopted hereunder). All other obligations
under this Agreement shall remain in effect until both of the following conditions have been
satisfied:
The City or the District provides written notice that this Agreement is being
terminated; and
2. The District no longer retains unexpended or unencumbered impact fees and
interest earned thereon.
The obligations under Section IV, Indemnification, shall be continuing and shall not be
diminished or extinguished by the termination of this Agreement.
B. The District shall have the duty to ensure that upon termination of this Agreement, any
remaining expended or unencumbered impact fees and interest earned thereon are either properly
expended or refunded pursuant to chapter 82.02 RC W.
C. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Agreement or by law that either party may have in the event that the obligations, terms, and
conditions set forth in this Agreement are breached by the other party.
VI. Modification.
No changes or modifications to this Agreement shall be valid or binding upon either party
unless such changes or modifications are in writing and executed by both parties.
VII. Integration.
This Agreement, together with the school impact fee ordinance and any definitions adopted by
the City to implement the ordinance, contains all of the terms and conditions agreed upon by the
parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to bind either party.
VIII. Severability.
In the event that any term or condition of this Agreement or the school impact fee ordinance,
or application of either to any person or circumstances is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be given effect without
Interlocal Agreement between City of Port Orchard
and South Kitsap School District for School Impact Fees
Page 7 of 9
1463647.2 - 366922 -OM7
Page 61 of 89
Back to Agenda
the invalid term, condition or application. To this end, the terms and conditions of this Agreement
are declared severable.
IX. Rights of Other Parties.
It is understood and agreed that this Agreement is solely for the benefit of the parties hereto
and conveys no right to any other party.
X. Disputes.
Jurisdiction of any dispute arising under this Agreement shall be in Kitsap County Superior
Court, or the U.S. District Court, Western District of Washington. Prior to filing in Superior Court
or District Court, the Parties agree to attempt to settle any dispute arising under this Agreement
through good faith negotiation and/or mediation. Any incurred cost for negotiation/mediation will
be split between the parties.
XI. Governing Law and Filing.
This Agreement shall be construed and enforced in accordance with the laws of the State of
Washington. The laws of the State of Washington shall govern the validity and performance of
this Agreement. This Agreement shall become effective upon occurrence of the following:
A. Approval of the Agreement by the official action of the governing bodies of each of the
parties hereto;
B. Execution of the Agreement by the duly authorized representative of each of the parties
hereto;
C. The filing of a copy of this Agreement with the following public officials:
1. The City Clerk of the City of Port Orchard; and
2. The Secretary of the Board of Directors of the South Kitsap School District.
D. Both parties agree to post this agreement in its respective website in accordance with RC W
39.34.040.
X11. Administration.
A. The City's representative for purposes of administering this Agreement is the Mayor.
B. The District's representative for purposes of administering this Agreement is the
Superintendent.
Interlocal Agreement between City of Port Orchard
and South Kitsap School District for School Impact Fees
Page 8 of 9
1463647.2 - 366922 -0007
Page 62 of 89
Back to Agenda
XIIt. Waiver.
Waiver of any default in the performance of this Agreement shall not be deemed to be a waiver
of any subsequent default. Waiver or breach of any provision of the Agreement shall not be
deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of this Agreement.
XIV. Effective Date and Duration.
This Agreement shall not take effect unless and until it has been duly executed by both
parties and either filed with the County Auditor or posted on either party's website, however, the
City will not begin calculating and/or collecting impact fees for the District until January 1, 2022.
This Agreement shall remain in effect through December 31, 2026 and shall automatically renew
for one additional five (5) year period, unless earlier terminated pursuant to the provisions of
Section V above.
Xv. Miscellaneous Provisions
A. No ]pint Venture. Nothing contained in this Agreement shall be construed as
creating any type or manner of partnership, joint venture, or other joint enterprise between the
parties.
B. No Se crate Entit Necessa The parties agree that no separate Iegal or
administrative entities are necessary to carry out this Agreement.
C• Ownership of Pranertv. Except as expressly provided to the contrary in this
Agreement, any real or personal property used or acquired by either party in connection with its
performance under this Agreement will remain the sole property of such party, and the other party
shall have no interest therein.
D. Execution in Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall constitute an original and all of which shall constitute one and
the same agreement.
IN WITNESS WHEREOF, the undersigned have executed this Agreement this day of
2021.
City of Port Orchard
Robert Putaansuu, Mayor
South Kitsap School District No. 402
By:�
Tim Winter, Superintendent
Interlocal Agreement between City of Port Orchard
and South Kitsap School District for School Impact Fees
Page 9 of 9
1463647.2 - 366922 -QQQ7
Page 63 of 89
Back to Agenda
ATTEST:
Brandy Rinearson, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
Interlocal Agreement between City of Port Orchard
and South Kitsap School District for School Impact Fees
Page 10 of 9
1463647.2 - 366922 -0007
APPROVED AS TO FORM:
Buzz Porter, District Attorney
Page 64 of 89
aw aw-
M.H
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7C
Subject: Adoption of a Resolution Authorizing a
Retainage Bond in Lieu of Retainage
for Contract No. 036-21 with ACI
for the Sidney Avenue Sewer Repair
Proiect
Back to Agenda
Meeting Date: January 25, 2022
Prepared by: Mark Dorsey, P.E.
Public Works Director
Atty Routing No.:
Atty Review Date
366922.0009 - PW
January 17, 2022
Summary: On April 13, 2021, the Port Orchard City Council approved Contract No. C036-21 with Active
Construction, Inc. (ACI) for the Sidney Avenue Sewer Repair Construction Project (the "Project") in the
amount of $358,358. On July 9, 2021, the City's Public Works Department issued the Notice to Proceed
for the Project to ACI. Following the execution of the Contract, the Public Works Department received a
request by ACI to 'Bond for Retainage.' RCW 60.28.011(6) allows for bonding in lieu of the City
withholding retainage. It was discovered that the Contract form utilized was not complete, in that it did
not include forms designating how the retainage was to be held or the option for the use of a Retainage
Bond. Subsequently, a Retainage Bond was not submitted when the Contract was assembled and
authorized. To cure this deficiency, Staff recommends acceptance of a Retainage Bond.
Relationship to Comprehensive Plan: Chapter 7 - Utilities
Recommendation: Staff recommends approving Resolution No. 012-22, authorizing the acceptance of a
Retainage Bond from Active Construction, Inc. for the Sidney Avenue Sewer Repair Construction Project.
Motion for Consideration: I move to adopt Resolution No. 012-22, authorizing the acceptance of a
Retainage Bond from Active Construction, Inc. for the Sidney Avenue Sewer Repair Construction Project.
Alternatives: Do not Approve
Fiscal Impact: None.
Attachments: Resolution.
Page 65 of 89
Back to Agenda
RESOLUTION NO. 012-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUHTORIZING
THE USE OF A RETAINAGE BOND IN THE ACI CONTRUCTION CONTRACT IN LIEU
OF THE CITY HOLDING RETAINAINGE CONSISTENT WITH RCW 60.28.011.
WHEREAS, in early 2021, the City Council authorized the Sidney Avenue Sewer Repair
Construction Project to make time -sensitive repairs to the sanitary sewer infrastructure and
sidewalk and pavement repairs from Dekalb Street to Kitsap Street; and
WHEREAS, on April 13, 2021, the City Council authorized Contract No. 036-21 with ACI
Construction for the Project in the amount of $358,358; and
WHEREAS, in July 2021, the City Council increased the change order authority for the
project by up to $135,000.00 to address anticipated cost overruns and avoid unnecessary
delays; and
WHEREAS, the Contractor has requested to post a bond in lieu of the City holding
retainage, so that the Contractor may receive full payment from the City including retainage;
and
WHEREAS, Staff has discovered that complete retainage forms, including the option to
utilize a Retainage Bond, was not included within the Contract and recommend that the City
accept a Retainage Bond to cure the deficiency; and
WHEREAS, RCW 60.28.011(6) specifically allows a contractor to submit a bond for all or
any portion of the contract retainage in a form acceptable to the City, unless the City can
demonstrate good cause for refusing to accept the Retainage Bond, and such cause is not
present under this contract and bond request; and
WHEREAS, the City Council finds accepting a retainage bond to be consistent with the
intent of state statutes; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorized the Public Works Director to accept a Retainage Bond
in lieu of withholding retainage consistent with RCW 60.28.011.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon and shall be automatically rescinded without further action of the City Council
upon completion of the Sidney Avenue Sewer Repair Construction Project.
Page 66 of 89
Back to Agenda
Resolution No.
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 251" day of January 2022.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
Page 67 of 89
Agenda Item No
City of Port Orchard Back to Agenda
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Business Item 7D
Agenda Staff Report
Subject: Approval of a Contract with Holmes
Weddle Barcott for Leizal Services
Related to a Worker's Compensation
Claim
Meeting Date: January 25, 2022
Prepared by: Debbie Lund
HR Manaizer
Atty Routing No.: 366922-0008— HR
Atty Review Date: January 14, 2022
Summary: The City of Port Orchard participates in the Association of Washington Cities (AWC)
Retrospective Rating (RETRO) Pool. As part of our membership, AWC manages our workers
compensation claims working with the Washington State Department of Labor and Industries (L&I), the
healthcare providers, the City and the injured employee.
The City has a claim from 2020 that L&I denied. The injured employee appealed the denial of the claim
to the Board of Industrial Insurance Appeals. AWC retained the law firm Holmes Weddle Barcott to
represent AWC on behalf of the RETRO program during the early stages of the appeal process. As the
claim has progressed through the appeal process, AWC shifted the matter to direct representation by
the City and recommended the City retain Holmes Weddle Barcott as representation of the City on the
claim to ensure continuity.
City staff recommends retaining Holmes Wendell Barcott to continue to represent the City of Port
Orchard in this appeal process. The estimated cost of this service may exceed the $35,000 threshold
allowed by the City's Procurement Policy, therefore City Council action is requested.
Recommendation: Staff recommends the Council authorize the mayor to sign a contract to engage the
services of Holmes Weddle Barcott relating to a workers compensation claim appeal to the Board of
Industrial Insurance Appeals.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to authorize the mayor to execute an agreement with Holmes
Weddle Barcott to provide legal services related to workers compensation claims as needed.
Fiscal Impact: Expenses will be part of the legal services budget. It is anticipated that the current budget
can absorb this expense. The contract terms are limited to a maximum expense of $50,000.
Alternatives: Not approve this request and provide alternative guidance.
Attachments: Contract with Holmes Weddle Barcott
Memo from City Attorney (sent separately, under privilege)
Page 68 of 89
Back to Agenda
CITY OF PORT ORCHARD
CONTRACT FOR PROFESSIONAL SERVICES
Contract No.
This Agreement is entered into by and between the City of Port Orchard, a Washington
municipal corporation ("City"), and Holmes Weddle & Barcott ("Consultant") whose principal
office is located at 3101 Western Ave., Suite 500, Seattle, Washington 98121.
WHEREAS, the City has determined the need to have certain services performed for the
residents of the City of Port Orchard, requiring specific legal expertise, and
WHEREAS, the City desires to have the Consultant perform such services pursuant to certain
terms and conditions,
NOW THEREFORE, in consideration of the mutual benefits and conditions hereinafter
contained, the parties hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Consultant. The Consultant
shall perform those services described in Exhibit "A" of this Agreement. In performing such
services, the Consultant shall at all times comply with all Federal, State, and local laws and
regulations applicable to the performance of such services, including but not limited to all
applicable regulations governing the COVID-19 public health emergency and response thereto.
The Consultant shall perform the services diligently and completely and in accordance with
professional standards of conduct and performance. The Consultant shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The Consultant shall request payment for
work performed
The City shall pay Consultant [Check applicable method of payment]:
X According to the rates set forth in Exhibit "A," not to exceed $50,000 for the
duration of the Agreement without written authorization from the City. Hourly rates may be
adjusted on an annual basis by the Consultant with written advance notice to the City. The adjusted
rates will serve as an addendum to this Agreement and does not require additional approval of the
City Council, provided the City Council reserves the right of appropriation.
The Consultant shall complete and return to the City Exhibit "B," federal tax Form W-9,
prior to or along with the first billing invoice. The City shall pay the Consultant for services
rendered within ten (10) days after City Council voucher approval.
3. Duration of Agreement. This Agreement shall commence upon mutual execution
and shall terminate on December 31, 2023 ("Termination Date'), unless terminated sooner by
either Party as provided herein, provided the City shall have the right to extend the Agreement
beyond the Termination Date for an additional two (2) years by written notice to the Consultant in
advance of the Termination Date. Time is of the essence of this agreement in each and all of its
provisions in which performance is required.
-1-
1476733.1- 366922 -0001 Page 69 of 89
Back to Agenda
4. Ownership and Use of Documents. Any records, files, documents, drawings,
specifications, data or information, regardless of form or format, and all other materials produced
by the Consultant and submitted to the City in connection with the services provided to the City,
shall be the property of the City, whether the project for which they were created is executed or
not.
5. Independent Consultant. The Consultant and the City agree that the Consultant is
an independent Consultant with respect to the services provided pursuant to this Agreement. The
Consultant will be solely responsible for its acts and for the acts of its agents, employees,
subconsultants or representatives during the performance of this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the
parties. Neither Consultant nor any employee of Consultant shall be entitled to any benefits
accorded City employees by virtue of the services provided under this Agreement. The City shall
not be responsible for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the Consultant, or any employee of the Consultant.
6. Indemnification.
A. Consultant shall protect, defend, indemnify and hold harmless the City, its
officers, officials, employees, agents and volunteers from any and all costs, claims, injuries,
damages, suits, losses or liabilities of any nature, including attorneys' fees, arising out of or in
connection with the acts, errors or omissions of the Consultant, its officers, employees and agents
in performing this Agreement.
B. Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including
the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY
NEGOTIATED BY THE PARTIES.
C. The provisions of this section shall survive the expiration or termination of this
Agreement.
7. Insurance. The Consultant shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types
-2-
1476733.1- 366922 -0001 Page 70 of 89
Back to Agenda
described below:
1. Automobile Liability insurance covering all owned, non -
owned, hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent Consultants and personal injury and
advertising injury. The City shall be named as an additional 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 Provision. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional Liability, and
Commercial General Liability insurance (as applicable to each line of coverage):
1. The Consultant's insurance coverage shall be primary insurance as
respects the City. Any insurance, self-insurance or insurance pool coverage
maintained by the City shall be in excess of the Consultant's insurance and shall
not contribute with it.
-3 -
1476733.1-366922-0001 Page 71 of 89
Back to Agenda
2. The Consultant shall provide thirty (30) days written notice by
certified mail, return receipt requested, to the City prior to the cancellation or
alteration of coverage.
3. The City will not waive its right to subrogation against the
Consultant. The Consultant's insurance shall be endorsed to waive the right of
subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If coverage is written on a "claims made" basis, then a minimum of
a three (3) year extended reporting period shall be included with the claims made
policy, and proof of this extended reporting period provided by the City.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A:VII.
E. Verification of Coverage. The Consultant shall furnish the City with original
certificates for all policies and a copy of the amendatory endorsements, including but not
necessarily limited to, the additional insured endorsement for Automobile Liability and
Commercial General Liability, evidencing the insurance requirements of the Consultant before
commencement of the work.
8. Record Keeping and Reporting.
A. The Consultant shall maintain accounts and records, including personnel,
property, financial and programmatic records which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed pursuant to this Agreement. The
Consultant shall also maintain other such records as may be deemed necessary by the City to ensure
proper accounting of all funds contributed by the City to the performance of this Agreement.
B. The foregoing records shall be maintained for a period of seven (7) years
after the termination of this Agreement unless permission to destroy them is granted by the Office
of the Archivist in accordance with RCW Chapter 40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters
covered by this Agreement shall be subject at all times to inspection, review or audit by the City
during the performance of this Agreement.
10. Termination. This Agreement may at any time be terminated as follows:
A. The City reserves the right to terminate or suspend this Agreement at any
time, with or without cause.
B. In the event of termination or suspension, all finished or unfinished
documents, data, studies, worksheets, models, reports or other materials prepared by the
Consultant pursuant to this Agreement shall promptly be submitted to the City.
-4-
1476733.1- 366922 -0001 Page 72 of 89
Back to Agenda
C. In the event this Agreement is terminated or suspended, the Consultant shall
be entitled to payment for all services performed and reimbursable expenses incurred to the date
of termination.
D. This Agreement may be canceled immediately if the Consultant's insurance
coverage is canceled for any reason, or if the Consultant is unable to perform the services called
for by this Agreement.
E. The Consultant reserves the right to terminate this Agreement on thirty (30)
days prior written notice.
F. This provision shall not prevent the City from seeking any legal remedies it
may otherwise have for the violation or nonperformance of any provisions of this Agreement.
11. Business License. The Consultant shall obtain a City of Port Orchard business
license before commencing work under this Agreement.
12. Discrimination Prohibited. The Consultant shall not discriminate against any
employee, applicant for employment, or any person seeking the services of the Consultant under
this Agreement, on the basis of race, color, religion, creed, sex, sexual orientation, age, national
origin, marital status, presence of any sensory, mental or physical disability, or other circumstance
prohibited by federal, State or local law or ordinance, except for a bona fide occupational
qualification.
13. Assignment and Subcontract. The Consultant shall not assign or subcontract any
portion of the services contemplated by this Agreement without the written consent of the City.
14. Conflict of Interest. The Consultant represents to the City that it has no conflict of
interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant
is asked to perform services for a project with which it may have a conflict, Consultant will
immediately disclose such conflict to the City.
15. Confidentiality. All information regarding the City obtained by the Consultant in
performance of this Agreement shall be considered confidential. Breach of confidentiality by the
Consultant shall be grounds for immediate termination.
16. Employment of State Retirees. The City is a "DRS-covered employer" which is an
organization that employs one or more members of any retirement system administered by the
Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and
WAC 415-02-325(1), the City is required to elicit on a written form if any of Consultant's
employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs),
or if the Consultant is owned by an individual who retired using the 2008 ERFs, and whether the
nature of the service and compensation would result in a retirement benefit being suspended.
Failure to make this determination exposes the City to significant liability for pension
overpayments. As a result, before commencing work under this Agreement, Consultant shall
-5-
1476733.1- 366922 -0001 Page 73 of 89
Back to Agenda
determine whether any of its employees providing services to the City or its owners retired using
the 2008 ERFs, and shall immediately notify the City using the form attached hereto as Exhibit
"C". This notification to DRS could impact the payment of retirement benefits to the employee or
owners of Consultant. Consultant shall indemnify, defend, and hold harmless the City from any
and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim
by DRS of a pension overpayment caused by or resulting from Consultant's failure to comply with
the terms of this provision. This provision shall survive the termination of this Agreement.
17. Non -appropriation of Funds. If sufficient funds are not appropriated or allocated
for payment under this Agreement for any future fiscal period, the City will so notify the
Consultant and shall not be obligated to make payments for services or amounts incurred after the
end of the current fiscal period. This Agreement will terminate upon the completion of all
remaining services for which funds are allocated. No penalty or expense shall accrue to the City
in the event that the terms of the provisions are effectuated.
18. Entire Agreement. This Agreement contains the entire agreement between the
parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and
conditions of this Agreement and the attached exhibits, then the terms and conditions of this
Agreement shall prevail over the exhibits. Either party may request changes to the
Agreement. Changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement.
19. Notices. Notices to the City shall be sent to the following address:
City of Port Orchard
Debbie Lund
Human Resources Manager
216 Prospect Street
Port Orchard, WA 98366
Notices to the Consultant shall be sent to the following address:
Holmes Weddle & Barcott
c/o Ann Silvernale
3101 Western Ave., Suite 500
Seattle, WA 98121
ASilvemale@hwb-law.com
20. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. In the event any suit,
arbitration, or other proceeding instituted to enforce any term of this Agreement, the parties
specifically understand and agree that venue shall be exclusively in Kitsap County, Washington.
The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit,
which shall be fixed by the judge hearing the case, and such fee shall be included in the judgment.
-6-
1476733.1- 366922 -0001 Page 74 of 89
Back to Agenda
21. Severability. Any provision or part of this Agreement held to be void or
unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon the City and the Consultant, who agree that the
Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable
provision that comes as close as reasonably possible to expressing the intent of the stricken
provision.
IN WITNESS WHEREOF, the parties have executed this Agreement on this 12 day of
January 12, 2022.
CITY OF PORT ORCHARD, WASHINGTON HOLMES WEDDLE & BARCOTT
in
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATE:
in
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
an
Charlotte A. Archer, City Attorney
By: Avg A
Ann Silvernale
Title: Attorney At Law for HWB
By: 4w---
Authorizid Agent of Law firm
��-
-7-
1476733.1- 366922 -0001 Page 75 of 89
Back to Agenda
EXHIBIT A
Scope of Work
Legal Services for L&I Proceeding
At the request of the City, the Consultant shall represent the City in all aspects pertaining
to the administrative proceeding(s) regarding the Washington Department of Labor and
Industries, Claim # BF77180, pertaining to John Robinson, filed on July 27, 2020.
RATES FOR An n Si Ivern ale a nd ]a nn i ne Myers of Holmes Meddle a nd Barcott, PS
Ann SilvernaIe,Athorney $275 per hour
Jan nin a Mye rsr Atharney - $ 250 pe r hou r
Han nah Weaver, Attorney - $175 pe r hou r
-8-
1476733.1- 366922 -0001 Page 76 of 89
aw aw-
M.H
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7E
Approval of a Letter of Intent to
Purchase Real Property
Meeting Date:
Prepared by:
Atty Routing No.:
Atty Review Date
Back to Agenda
January 25, 2022
Mark Dorsey, P.E.
Public Works Director
366922.0009 — PW
January 20, 2022
Summary: In 2021, the City Council identified Tax Parcel No. 022301-3-109-2000 (Roland & Roland
Parcel) (the "Property") as a potential for purchase and authorized an appraisal of the Property.
Consistent with that authorization, the City and the Property's owners have negotiated a Letter of Intent
to preserve the transaction for the period it takes for the parties to negotiate a purchase and sale
agreement.
Recommendation: Staff recommends authorization for the Mayor to execute a Letter of Intent to
purchase Tax Parcel No. 022301-3-109-2000.
Relationship to Comprehensive Plan: N/A
Motion for Consideration: I move to authorize the Mayor to execute a Letter of Intent.
Fiscal Impact: Unbudgeted task, a future Budget Amendment may be required.
Attachments: The Letter of Intent under consideration tonight is not a public document until
approved by Council and signed by the parties; it is, therefore, not attached.
Page 77 of 89
Back to Agenda
City of Port Orchard
Council Meeting Minutes
Regular Meeting of January 11, 2022
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Councilmember Chang
Councilmember Clauson
Councilmember Cucciardi
Councilmember Diener
Councilmember Lucarelli
Councilmember Rosapepe
Councilmember Trenary
Mayor Putaansuu
Present via Remote Access
Present via Remote Access
Absent
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Staff present via remote access: Finance Director Crocker, Public Works Director Dorsey, Community
Development Director Bond, Police Chief Brown, HR Manager Lund, City Attorney Archer, City Clerk
Rinearson and Deputy City Clerk Floyd.
The meeting also streamed live on YouTube.
A. PLEDGE OF ALLEGIANCE
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to move Consent
Agenda item 4G, Adoption of a Resolution Granting Final Plat Approval for McCormick Woods North
Phase III, Division 2, to Business Item 7H.
The motion carried.
MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, to move Consent
Agenda item 4H [Approval of Interlocal Agreements with WSDOT, Mason and Kitsap Counties, and
the Cities of Poulsbo, Shelton and Bremerton for Public Works Emergency Response] to Business
Item 71.
The motion carried.
Page 78 of 89
Back to Agenda
Minutes of January 11, 2022
Paee2of6
MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the
agenda as modified.
The motion carried.
3. CITIZENS COMMENTS
There were no citizen comments.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 83310 through 83317 and 83325 through 83423 including bank drafts
in the amount of $624,913.95 and EFT's in the amount of $200,441.77 totaling $825,355.72.
B. Approval of Payroll Check Nos. 83318 through 83324 including bank drafts and EFT's in the
amount of $267,205.32 and Direct Deposits in the amount of $417,276.98 totaling $684,482.30.
C. Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2022 Concurrency
Review Services for the City's Sewer System and Documenting Procurement Procedures
(Resolution No. 004-22 and Contract No. 004-22)
D. Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2022 On-
Call/Modeling Update Services for the City's Sewer Systems and Documenting Procurement
Procedures (Resolution No. 003-22 and Contract No. 003-22)
E. Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2022 Concurrency
Review Services for the City's Water Systems and Documenting Procurement Procedures
(Resolution No. 002-22 and Contract No. 002-22)
F. Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2022 On-
Call/Modeling Update Services for the City's Water Systems and Documenting Procurement
Procedures (Resolution No. 001-22 and Contract No. 001-22)
fr.Adeptien ef a Reselutien GFanting Final Plat AppFeval feF MeCeFrniek Weeds NeFth Phase
D* r 2
z
W. AppFeval ef Intedecal AgFeements with WSDOT, Mason and Kitsap Counties, and the Cities a
Peulsbe, SJrhelten and BFernreFten feF Public WeF!(s €meFgeney Response
I. Approval of a Contract with Camino for Web -Based Services for DCD Permit Center's Permitting
Application Processes (Contract No. 028-22)
J. Excusal of Councilmember Cucciardi Due to a Business Obligation
MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson to approve the consent
agenda as amended.
The motion carried.
5. PRESENTATION
A. Legislative Update
Page 79 of 89
Back to Agenda
Minutes of January 11, 2022
Paee 3 of 6
Representative Derek Kilmer spoke to health and economic challenges within the past couple of
years, the American Rescue Plan passed in 2021, unemployment claims, support for local
governments and tribal governments from the Biden administration.
He also discussed the bipartisan infrastructure law which included different grants and programs,
issues in the Gorst corridor, internet access, clean water, and failing culverts. One of his main goals
in 2022 is to make sure the infrastructure dollars come to our region and help address our problems.
6. PUBLIC HEARING
A. Public Hearing on a Petition to Vacate City Right -of -Way, the Northeast Portion of Unopened
Depot Street
Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing
at 6:59 p.m.
7. BUSINESS ITEMS
A. Appointment of a Mayor Pro-Tempore for 2022
Councilmember Lucarelli voiced her interest in serving as Mayor Pro-Tem for 2022.
MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to elect Cindy Lucarelli
as the Mayor Pro-Tempore for 2022.
The motion carried.
B. Adoption of an Ordinance Approving the Petition to Vacate City Right -of -Way, the Northeast
Portion of Unopened Depot Street
MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to adopt an ordinance
vacating City right-of-way, the Northeast portion of unopened Depot Street, as presented.
The motion carried.
(Ordinance No. 002-22)
C. Adoption of a Resolution Fixing the Date of a Public Hearing on a Petition to Vacate City Right -
of -Way, the Southern Portion of Opened Bay Street
MOTION: By Councilmember Chang, seconded by Councilmember Lucarelli, to adopt a resolution
setting a Public Hearing for February 8, 2022, at 6:30 PM, on a petition from Walter and Roberta
Huth Trustees to vacate a portion of opened right-of-way, Bay Street.
The motion carried.
(Resolution No. 009-22)
Page 80 of 89
Back to Agenda
Minutes of January 11, 2022
Paee 4 of 6
D. Adoption of a Resolution Confirming Mayoral Appointments to the Planning Commission and
Building Board of Appeals
MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to adopt a resolution
confirming the Mayor's appointments to the Planning Commission and the Building Boards of
Appeals as set forth in the Resolution presented
The motion carried.
(Resolution No. 010-22)
E. Approval of a Letter of Agreement with Teamsters Local 589 Regarding Limited Term
Assignment Non -Union Work
MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to authorize the Mayor
to sign a Letter of Agreement with Teamsters Local Number 589 representing Municipal Court
Employees relating to a limited term assignment for an additional 20 hours a week.
The motion carried.
F. Approval of the December 14, 2021, City Council Meeting Minutes
MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to approve the regular
meeting minutes of December 14, 2021.
The motion carried. Councilmember Trenary abstained.
G. Approval of the December 21, 2021, City Council Meeting Minutes
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the
minutes of the December 215t meeting.
The motion carried. Councilmember Trenary abstained.
H. Adoption of a Resolution Granting Final Plat Approval for McCormick Woods North Phase III,
Division 2
MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson, to adopt a resolution,
as presented, granting final plat approval for McCormick Woods North Phase III, Division 2.
The motion carried.
(Resolution No. 008-22)
I. Approval of Interlocal Agreements with WSDOT, Mason and Kitsap Counties, and the Cities of
Poulsbo, Shelton and Bremerton for Public Works Emergency Response
Page 81 of 89
Back to Agenda
Minutes of January 11, 2022
Paee 5 of 6
MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to adopt Resolution No.
007-22, authorizing the Mayor to execute two (2) Interlocal Agreements for Public Works Emergency
Mutual Aid.
Councilmember Chang explained he works for the Washington State Department of Transportation
and if anyone wishes for him to step aside and not vote, he will do so.
No one voiced any concerns.
The motion carried.
(Contract Nos. 025-22 and 026-22)
8. DISCUSSION ITEMS (No Action to be Taken)
A. Continued: Veterans Park
Mayor Putaansuu noted he received a letter from Kitsap County the day of the last meeting. Our city
attorney and code enforcement officer have been reviewing it for compliance.
City Attorney Archer explained there is nothing additional to report as far as action items that have
not yet been identified. We understand things have been relatively quieter, but the code
enforcement officer has been extremely busy with the rains that have been occurring and flooding
issues, but we will turn our attention back to this issue.
Councilmember Chang spoke to coordination of volunteers every weekend who have been moving
trash into the dumpsters. He mentioned that due to the weather and the prior weekend trash was
skipped, there were a lot of bags in which the contents have spilled out and are attracting rats.
Additional discussion was held regarding the trash issue and dumpsters.
Council Direction: No direction was given to staff.
9. REPORTS OF COUNCIL COMMITTEES
Mayor Putaansuu reported the Finance Committee is scheduled to meet January 18t", the
Transportation Committee meeting is scheduled for January 25t", the Festival of Chimes and Lights
Committee is scheduled to meet January 241", and the Sewer Advisory Committee is scheduled to
meet February 16cn
10. REPORT OF MAYOR
The Mayor reported on the following:
• Kitsap Public Health Board meeting and COVID updates;
• City employee vaccinations;
Page 82 of 89
Back to Agenda
Minutes of January 11, 2022
Page 6 of 6
• Port of Bremerton property purchases;
• In accordance with Ordinance 008-20 'Delegating Authority to the Mayor for Creating and
Modification of Job Descriptions', he reported on revised job descriptions for the Police
Services Coordinator and Stormwater Coordinator;
• Conflict of attending council meeting on January 25tn;
• Affordable housing dollars;
• Housing Kitsap home rehab projects; and
• AWC Executive Board meeting and his appointment as Vice -President.
11. REPORT OF DEPARTMENT HEADS
Community Development Director Bond reported on end of year building permits and Sinclair
Heights.
City Attorney Archer reported her law firm is monitoring legislation that are important topics for our
City, one of which includes police reform, public works and planning issues.
Mayor Putaansuu noted a letter was sent to our lobbyists and delegation this morning encouraging
them to correct the things done last year regarding police reform. He also spoke to parliamentary
training that was sent to the Council.
Police Chief Brown encouraged Council to reach out to him if they had any questions regarding police
reform and impacts. He also spoke to staffing challenges.
12. GOOD OF THE ORDER
Councilmember Rosapepe welcomed newly elected Councilmember Trenary to his first official
meeting and thanked public works for the work they accomplished during the snowfall.
At 7:45 p.m., Mayor Putaansuu noted a power failure and City Attorney Archer said there was no
longer a quorum.
At 7:45 p.m., Mayor Putaansuu adjourned the meeting.
13. ADJOURNMENT
The meeting adjourned at 7:45 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
Page 83 of 89
RMSA Catalog of Possible Courses Back to Agenda
to Satisfy Annual Training Requirement
1 / 14/2022
The $1,000 deductible applicable for an employment practices claim will be waived if all
employees with direct reports, elected officials, and all department heads complete at least one
AWC RMSA-approved training course per year on an employment practices related topic. The
following is a list of AWC RMSA approved management related topics:
Anti Harassment in the Workplace
(Assigned to all new employees)
Harassment in the workplace is a serious
issue that requires a thorough understanding
to promote awareness and ultimately
prevention. Improper behavior in the
workplace may have significant
consequences for those involved, for
yourself as an employee, and your employer.
Recognizing the various types of harassment
will help you to identify potential warning
signs and take the necessary steps to report
harassment. I hour, Liked by 726 users.
Business Continuity
A major business interruption can have
devastating consequences for any business
without a plan in place to handle it. In this
course, the learner will find out why
business continuity planning is essential,
]earn to recognize the forms in which
disasters strike and the categories in which
they fit, gain understanding of the
importance of organization assets and the
recovery time objective for each item and
finally, learn to identify the eight categories
that should be incorporated into every
business continuity plan. I hour, liked by 68
users
Crisis Management
Completed in 2021 by Council
This course is designed to help all
departments, organizations, and agencies
within the public sector prepare for just such
an event. I hour, liked by 214 users
Dealing with the Media
Public relations (PR) is the art of
communicating your message, product or
brand to the media. Public relations is
important to nearly every major
organization, from big and small businesses
and non-profit organizations to governments
and other public entities. While all these
organizations may employ a public relations
team, how that team is used may be very
different. This course will give you the
knowledge you need to enhance your public
relations abilities. I hour, liked by 90 users
Developing Leadership
Leaders are at every level of an
organization. Developing the necessary
leadership skills is essential to the
organization's success. This course will
present leadership development planning,
characteristics, styles, and opportunities to
expand the learners leadership talent. I hour,
liked by 214 users
Discipline and Termination
Completed in 2019 by Council & Mgrs
In every organization, employees are let go
for various reasons. The decision to
discipline or even terminate an employee is
not one that should be taken lightly, and
there is a right and wrong way to approach
the situation. In this course, learners will
explore ways to appropriately address issues
before termination is necessary, be able to
terminate employees confidently if
discipline fails, and for employees to
understand the need for a disciplinary
process and the rules and expectations that
inform them. I hour, liked by 42 users
Page 84 of 89
Back to Agenda
Diversity in the Workplace
(Assigned to all new employees)
Diversity in the workplace is an essential
part of any workplace culture. As we live
and work in a global economy, the diversity
of those we interact with and who work
alongside us must be both acknowledged
and respected. Diversity is more than just a
term; it is how individuals identify
themselves as well as how others perceive
them. I hour, liked by 457 users
Ethical Behavior for Local
Government
In this course, we will define ethical
behavior, provide examples of work
situations where a thorough understanding
of workplace ethics may be applied, and
ways in which you can determine if your
decisions and behavior are meeting the
appropriate standards.
I hour, liked by 368 users
FMLA Training for Supervisors
Sometimes employees need to make serious,
life -changing decisions. In some cases, they
may even need to choose between providing
direct care for a loved one, for example, and
the need to provide for their family's
financial needs. In previous eras, people
often became caught in an "either/or"
situation because employers were not
always cooperative when individuals needed
time for personal matters. Employees ran the
risk of losing their jobs and benefits if they
made the choice of putting their family first.
Fortunately, the Family and Medical Leave
Act (FMLA) entitles eligible employees to
take the time they need to handle life events.
In this course, we will discuss the FMLA in
detail to help you as a supervisor understand
what FMLA is, how it applies to employees,
what you and your company need to do
when an employee requests a leave of
absence, and what you need to know to
avoid compliance issues. I hour, liked by 56
users
Generational Differences
Completed in 2021 by Council
Generational differences influence nearly
every facet of your organization, from hiring
and recruiting, dealing with change, training,
retaining employees, and communication.
How can your organization better
understand these differences and use these
generational differences in a beneficial way?
In this course, learners will examine the four
most prominent generational workers, their
core values, and how these come into play in
the workplace. I hour, liked by 156 users
HR Recruitment and Selection
Process
When an organization determines the need
for additional labor, employers have a
number of choices to make. This may be the
first step in a full-scale recruitment and
selection process but sometimes hiring
additional employees is not the best method
to obtain additional labor. Since the costs of
recruitment and selection can be staggering,
hiring new employees should occur only
after careful consideration. I hour. liked by
7 users
Leadership v. Management
Completed in 2020 by Managers
Management and leadership are terms that
are frequently used interchangeably;
however, they are not the same thing. They
have quite distinct meanings. The two do
have similarities, but they also have
important differences. This course is
designed to help you understand the
difference between leadership and
management and why these differences are
important. I hour; liked by 95 users
Page 85 of 89
Back to Agenda
Meeting Management
Every day at workplaces around the country,
employees huddle in conference rooms to
tackle a wide range of issues. Most
meetings, however, are almost universally
perceived by employees to be a waste of
time. In this course, we will examine some
measures that can be taken to help you get
more out of meetings, which, in the end, will
lead you to a happier and more productive
work environment. I hour, liked by 26 users
Parliamentary Procedures
Whether you are an experienced leader or
just beginning your role as a leader or
member, knowledge of parliamentary rules
and procedures is essential to conduct
efficient and high -quality meetings. Good
parliamentary procedure not only ensures
order, it ensures justice to everyone,
provides productive use of limited time, and
ultimately gives everyone a sense of self-
confidence. I hour, liked by 10 users.
Performance Management
Assigned in 2017
Managing employee performance through
standards, observation and feedback may
sound easy, but doing it well is another
story. Many managers and supervisors see
the appraisal process as a single day event
on the employee's anniversary date, which is
not the case. The performance appraisal
process is an ongoing activity that takes
effort throughout the year, not just at the
time of the appraisal. I hour, liked by 55
users
Risks of Social Media in the
Workplace
More than 3 billion people use social media
every month. From LinkedIn, to Facebook,
to Snapchat, social media is all around us.
Many Americans use social media in their
personal lives every day, but most
businesses must also maintain a social media
presence to stay relevant in our
interconnected world. In this course,
learners will discover best practices for
personal social media use, professional
social media use, and possible risks to
utilizing social media in the workplace. 2
hours, liked by 152 users.
Science of Employee Engagement
This one -hour course in the Science of
Employee Engagement delves deeper into
the motivation, opportunities, and the
science of engagement in the workplace. I
hour, liked by 26 users
Sexual Harassment for Managers
(Some took in 2013)
Sexual harassment in the workplace can
happen to anyone, male or female,
regardless of sexual orientation.
Recognizing what sexual harassment is a
leader, both the subtle cues as well as the
overt advances, will help you to identify
potential warning signs and take the
necessary steps to prevent sexual
harassment. There are a number of
preventive measures that can be employed
as well as recommendations of what to do if
you or one of your employees have been or
are the victim of sexual harassment. 2 hours,
liked by 106 users
Page 86 of 89
Back to Agenda
Shaping an Ethical Workplace
Culture
Workers create an organization's culture of
credibility, integrity, and excellence. When a
group of employees honors an environment
of ethical principles and foundation, the
organization benefits from the culture. The
instructional goal of Ethics in the Workplace
is to highlight the importance of ethical
behavior choice, examine ethical decision -
making, and discover consequences of
individual ethical attitudes on the
organization as a whole. I hour, liked by 153
users
Successful Customer Interactions
There is a strong correlation between
customer satisfaction and the success of a
business or department. Welcoming
customers means working to create satisfied
customers from the inside -out. When local
government creates satisfied customers, we
create empowered and informed citizens. In
this course, learners will discover how to
interact as co-workers and service providers.
We will also cover understanding the
customer goal and how to create goals that
will lead to successful customer interactions.
I hour, liked by 101 users
Workplace Bullying
When we think of bullying, we immediately
associate it with the school yard, certainly
not something we face as an adult.
Unfortunately, bullying in the workplace
occurs more often than you think. In fact,
there are various forms of bullying, from
overt forms to those which are quite passive.
Workplace bullying may have significant
consequences for those involved, for
yourself as an employee as well as your
employer. A thorough understanding of
workplace bullying will help promote
awareness and ultimately prevention. I
hour, liked by 383 users
-------------Council Specific ---------------
Ethical Behavior for Elected
Officials
Completed in 2020 by Council
This course offers insight into your role as
an elected official regarding moral and
ethical decisions you will face during your
time in office. This course is designed to
assist you through ethical and moral
decisions that you will face during your
term. As always, this is an overview and in
no way takes the place of state or Local law
and /or training requirements. Course
details: I hour of training credit, Liked by I
users
Page 87 of 89
19tsap Homes
Back to Agenda
To: Mayor Rob Putaansuu
City of Port Orchard, WA
CC: Scott Willard, KHOC Executive Director
Melissa Stern, P.O. Community Health Navigator
From: Kitsap Homes of Compassion
7721 Beacon Place, Suite 101
Bremerton, WA 98311
RE: Proposal for housing combined with behavioral health services for homeless
January 20, 2022
Greeting Mayor Putaansuu,
It was great meeting you and Melissa Stern today. Thank you for your suggestions.
As you requested, this letter is to put in writing the cost of our social work/case management services we
provide to our supportive housing shared homes is, on average, $1,000 per month per home (which
houses, on average, 4 individuals). So, for one year, that would be $12,000 per home. We understand your
city might be interested in Kitsap Homes of Compassion starting 3 new supportive housing homes in
2022 within the city limits of Port Orchard, which would be $36,000/year.
As you suggested today, we also propose Port Orchard paying the program fee for I of the rooms in a
P.O. house ($600/mo) for a homeless person who is in the process of applying for SSI but hasn't been
awarded SSI yet and who has not been able to get Housing and Essential Needs (HEN) funding (HEN has
a program to pay the program fee for homeless who are applying to SSI, but funding is limited). We
would let Melissa Stern determine who would be best for that room, in consultation with our KHOC
clinical supervisor. So that would be an additional $7,200/year.
We determine the program fee cost we charge the residents based on the cost of KHOC to rent the house
plus $100/mo for all the house utilities, including internet service and phone land line, which KHOC
provides, as well as room size (i.e. master bedrooms with a private BA are higher than shared bathroom
rooms). That cost comes out in the range of $600/mo to 750/mo.
We offer "low barrier" homes, where residents can drink alcohol in the house, and if their blood alcohol
level is above driving limits, they agree to stay in their bedroom and not in the common areas. That is
about 30% of our homes. Then the other 70% of our homes are "sober homes" where zero alcohol is
permitted and zero intoxicated is permitted. Many residents who are trying to quit drinking and not be
"temped" with alcohol prefer these homes. We will try to open a low barrier home, but if the homeowner
whom we rent the house from does not agree with it, we may need to go to the sober home model.
All our homes permit tobacco smoking and marijuana smoking when done outside away from the doors
and windows (usually the make a smoking area in the back yard of the house.).
Business office address: 7721 Beacon Place NE, #101, Bremerton, WA 98311
Kitsap Homes of Compassion is a Washington State Non -Profit Corporation under IRS 501(c)(3) exemption. All donations are tax exempt.
Page 88 of 89
19tsap Homes
Back to Agenda
For the safety of the neighborhoods where the homes are located, we do not tolerate methamphetamine
usage, and all program participants agree to random urine drug testing if we suspect drug use. We require
that participants be clean from illegal drugs for 6 months before moving into the house (we are not
designed as a drug rehab program — there are other programs in the county that offer that service).
The $1,000/mo per home for behavior health services cost goes toward paying for our behavior health
staff which includes four KHOC housing navigators which are bachelor's level social workers, and one
KHOC Clinical supervisor who is a licensed independent advance Social Worker (master's degree in
social work), and one licensed counselor. These six behavioral health specialists are highly trained and
experienced at working with individuals with mental health disorders and people with addictions,
including comorbidities. They work with individuals in the homes and are involved with there is crisis
situations. These behavioral health specialists also provide ongoing training and support to our volunteer
house managers. This funding also helps pay some of our administrative cost of offering these services.
If the City of Port Orchard helps us with this funding, we will give referrals from Melissa Stern priority
into placement into any openings in the Port Orchard homes.
If you could kindly take our proposal to the Port Orchard City Council, it would be greatly appreciated.
We are actively trying to lease such homes, that are located within a half mile of a bus stop. As soon as
we get homes, we'll let you.
It is our belief, gained from the example of many cities across the U.S., that the solution toward reducing
and eliminating chronic homelessness is creating more long-term permanent supportive housing options.
Homeless shelters are a necessary short-term stopgap measure for a crisis, analogous to an emergency
room intervention in a medical crisis. But KHOC is focused on permanent solutions, if using the medical
analogy, like what assisted living is for those living with chronic health conditions. Homelessness does
not have to be a permanent fixture of contemporary life in Port Orchard or Kitsap County. We know what
steps need to be taken to solve it.
The MISSION of Kitsap Homes of Compassion is to provide safe, affordable, permanent housing through
comprehensive support services for those who are homeless or are struggling with housing insecurity.
Thank you again for your support and partnership in assisting this vulnerable population.
Sincerely,
oel Adamson
Founder and Assistant Director
Kitsap Homes of Compassion
Joel.Adamson@KitsapHOC.org
Tel. 360-621-0768
Business office address: 7721 Beacon Place NE, #101, Bremerton, WA 98311
Kitsap Homes of Compassion is a Washington State Non -Profit Corporation under IRS 501(c)(3) exemption. All donations are tax exempt.
Page 89 of 89