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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