Loading...
09/14/2021 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby (Mayor Pro-Tempore) Finance Committee Economic Development & Tourism Committee Transportation Committee, Chair KRCC/KRCC PlanPol-alt /KRCC TransPol PSRC-alt/PSRC TransPOL-Alt/PRTPO 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 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, 3rd Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhal I@cityofportorchard.us City of Port Orchard Council Meeting Agenda September 14, 2021 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 some time. Therefore; Remote access only Link: https://us02web.zoom.us/m/85600748096 Zoom Webinar ID: 856 0074 8096 Zoom Call -In: 1 253 215 8782 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) 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 an Ordinance Amending Port Orchard Municipal Code Chapter 10.12 Establishing Regulations and Fees Related to Parking, Stopping or Standing in Certain Areas of the City (Dorsey) Page 4 D. Adoption of a Resolution Declaring Certain Items as Surplus and Authorizing its Disposition (Rinearson) Page 41 E. Acceptance of a Grant from Kitsap Bank for the Chimes and Lights Event (Rinearson) Page 46 S. PRESENTATION 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Continuation: Adoption of a Resolution Adopting the 2021-2031 Water Use Efficiency Goals (Dorsey) Page 70 B. Adoption of an Ordinance Approving a Contract with the Washington State Public Works Board for the Pottery Sewerage Lift Station Emergency Repair Protect (Dorsey) Page 74 C. Adoption of an Ordinance Accepting the Department of Ecology's Requested Revisions to Port Orchard 2021 Shoreline Master Program (Bond) Page 108 D. Adoption of a Resolution Adopting Policies and Procedures for the City's Annual Spring Clean-up Program (Dorsey) Page 220 E. Adoption of a Resolution Approving a Contract with Fehr & Peers, Inc. for the 2021 Citywide Street Lighting Study and Documenting Procurement Procedures (Dorsey) Page 234 F. Adoption of a Resolution Approving Mayoral Appointments to the Lodging Tax Advisory Committee (Rinearson) Page 285 G. Approval of Amendment No. 2 to Contract No. 082-19 with Kitsap Public Facilities District for Funding and Development of the South Kitsap Community Event Center (Bond) Page 290 H. Approval of a Contract with West Coast Code Consultants (WC-3) for Building/Fire Code Plan Review and Building/Fire Code Inspection Services (Bond) Page 305 I. Approval of Amendment No. 1 to Contract No. 016-21 with LaCross & Murphy, PLLC for Public Defense Services (Rinearson) Page 322 J. Approval of a Lease Agreement with the Special Olympics Washington, South Kitsap Flag Football Program for Use of a Portion of Van Zee Park (Rinearson) Page 344 K. Approval of the August 10, 2021, City Council Meeting Minutes Page 378 L. Approval of the August 17, 2021, City Council Meeting Minutes Page 384 8. DISCUSSION ITEMS (No Action to be Taken) A. Mandatory Vaccination for City Employees 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) 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. ADJOURNMENT COMMITTEE MEETINGS Date & Time Economic Development and September 13, 2021; 9:30am — 2nd Monday of Tourism each month UtilitiesSeptember 14, 2021; 5:00pm r Land Use September September 22, 2021; 4:30pm Festival of Chimes & Lightember 13, 2021; 3:30pm Finance September 21, 2021; 5:00pm Transportation September 28, 2021; 5:00pm; 4th Tuesday of each month Location Remote Access Remote Access 11-1 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. September 14, 2021, Meeting Agenda Page 2 of 3 Sewer Advisory September 22, 2021; 6:30pm Remote Access .:.:.:.:.:.:......... Lodging Tax October, 2021 Remote Access ��., . - Outside Agency Committees Varies Varies CITY COUNCIL GOOD OF THE ORDER 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. September 14, 2021, 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 an Ordinance Amending Port Orchard Municipal Code Chapter 10.12 Establishing Regulations and Fees Related to Parking, Stopping or Standing in Certain Areas of the City Back to Agenda Meeting Date: September 14, 2021 Prepared by: Mark R. Dorsey, P.E. Public Works Director Atty Routing No.: 366922.009 - PW Atty Review Date: September 7, 2021 Summary: The City has codified regulations for parking at Port Orchard Municipal Code (POMC) Chapter 10.12. As a continued housekeeping measure, working in conjunction with the City's Parking Enforcement staff, the City's Public Works Department inventories existing parking signage on a continual basis and has compiled corrections, revisions, and modifications to current Port Orchard Municipal Code (POMC) Chapter 10.12.500 and 10.12.560 to reflect existing needs and conditions (see attached redline of Ordinance 038- 21, amending POMC 10.12.500 and 10.12.560 to assist with review.) Recommendation: Staff recommends adoption of Ordinance No. 038-21, amending POMC Chapter 10.12.500 and 10.12.560 regarding Parking, Stopping or Standing in Certain Areas of the City. Relationship to Comprehensive Plan: None Motion for Consideration: I move to adopt Ordinance No. 038-21, amending POMC Chapter 10.12.500 and 10.12.560 regarding Parking, Stopping or Standing in Certain Areas of the City. Fiscal Impact: None Alternatives: Do not approve and provide further direction to staff Attachments: Ordinance Amending POMC 10.12.500 and 10.12.560 (Redline to assist with review), and Ordinance Amending POMC 10.12.500 and 10.12.560 (Clean). Page 4 of 388 Back to Agenda ORDINANCE NO.038-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO PARKING ON PUBLIC STREETS; AMENDING SECTION 10.12.500 AND 10.12.560 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, WAC 308-330-270 authorizes the City to adopt regulations to prohibit, regulate or limit stopping, standing or parking of vehicles in areas of the City; and WHEREAS, in accordance with that authority, the Port Orchard Municipal Code (POMC) Section 10.12.080(1) authorizes the City Council to from time to time, establish parking prohibitions and restrictions on portions of certain specified streets, and those prohibitions and restrictions are codified at POMC 10.12.500 through 10.12.620; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update such regulations; and WHEREAS, the City Council choses to codify any updates to the parking regulations in order to aid the public in its ability to access and review said regulations; and WHEREAS, staff audited the existing regulations and identified necessary, specific revisions to POMC Section 10.12.500 Parking prohibited at all times and POMC Section 10.12.560 Parking time limited on certain streets; and WHEREAS, the City Council has reviewed the proposed amendments and believes it to be in the best interests of the City to enact the proposed amendments; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.12.500 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.500 Parking prohibited at all times. When signs are erected by the city engineer giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets described as follows: 1 Ada -street: n the Rerth side f Ada Formatted Table Street OR freRt of PS n.da «p^t -21. Advantage on the west side of the Page 5 of 388 Back to Agenda Ordinance No. 028-21 Paee 2 of 18 Avenue: north 350 feet of roadway and on the left-hand side, as the traffic flows, of the remainder of the street. -32. Andasio on the outside curb along Loop SE: the entire loop. 43. Arnold along the west side of Avenue E.: Arnold Avenue E., from the Lawrence Street intersection, to the northeast towards Bay St., 100 feet. -54. Arnold along the east side of Avenue E.: Arnold Avenue E., from the Bay Street intersection, to the south G Bay Street* 66 feet. a heth Sider from the tra4iG al en fD 166 (Bays !Maple Street) fr.r a d 0#;inr,P of 200 feet ertheert of /_u y Wetzel Strp^t 45. Bay Street: at the intersection with Wharf Street (Mitchell Point), along the outside radius of the existing road as delineated by the established guardrail. 86. Bay Street: on the south side from Tracy Avenue, westerly for a distance of 200 feet. 87. Bay Street: on the north side, from the DeKalb Street pedestrian pier westerly for 70 feet and in front of 501 Bay Street. 498. Bay Street: at the southwest corner of the intersection with Arnold Avenue E., from the point of curvature to Formatted Table Page 6 of 388 Back to Agenda Ordinance No. 038-21 Paee i of 18 the point of tangency of the curve radius. 349. Bay Street: on the south side from Dekalb Street, 130 feet to the east. 1-20. Becky on both sides of street, Avenue: from Dallas Street south to dead end. 1-1. Bethel on the west side from the Avenue: driveway at 1130 Bethel Avenue, 245 feet north. 142. Cedar on both sides of the street Canyon: within 100 feet of the Tremont Street right-of- way. 1-3. Chanting on both sides of street, Circle SW: from Old Clifton Road 260 feet. Then on the east side to Chanting Circle. Then along the inside curb of the remaining part of Chanting Circle. 164. Chatterton on the west side of street. Avenue SW: 1-75. Chowchilla on the south side of street. Way: 186. Currant on the west side of the Lane SW: street. 1-97. Dallas on the right-hand side, as Street: the traffic flows. 2-018. DeKalb on southbet4 sides from Street: Cline Avenue easterly to dead end. -219. DeKalb on the south side, from Street: Sidney Avenue westerly for a distance of 100 feet. 2-20. DeKalb on the north side, from Street: Tracy Avenue easterly to the end of DeKalb Street. Page 7 of 388 Back to Agenda Ordinance No. 028-21 Page a of 18 231. DeKalb on the south side, from Street: Mitchell Avenue to the east side of Tracy Avenue. 242. Donna on the south side of street. Street: 233. Donnegal on both sides of the street. Circle SW: 2454. Egret on the south side of the Street: street. 2-75. Fiscal on the south side of the Street: street. 286. Fantail on the east side of the Place: street. 297. Farragut on both sides, from Avenue: DeKalb Street to Morton Street; except, on the east side, 160 feet north of DeKalb Street. 3928. Forest on both sides of the street. Park Street: 3429. Glenmore on the inside radius of the Loop: entire loop. 3-20. Glenwood on the north side, from Road SW: Sidney Road 350 feet west. 331. Grebe Way: on the north side, from Siskin Circle to Swift Avenue. 342. Guy Wetzel on both sides from Bay Street: Street to Perry Avenue. 333. Hibiscus on the outside radius of Circle SW: the entire circle. 364. Huntington on both sides from Olney Street: Avenue to Glenmore Loop and the north side from Glenmore Loop to west end terminus. 3-75. Jabirin on the north side of street. Way: Page 8 of 388 Back to Agenda Ordinance No. 028-21 Page S of 18 386. Koda Circle: along fire lanes where marked/posted. 397. Landis Ct. on the northeast side. SW: 4938. Lazuli on the south side, from Street: Wigeon Avenue to Siskin Circle. 4-139. Lippert on both sides, from Drive: Pottery Avenue to Advantage Street. 420. Lloyd on both sides from SW Old Parkway: Clifton Road to Lumsden Road. 4-1. Lowren on the right-hand side, as Street: the traffic flows on the one-way portion of the street. 442. Lumsden on both sides of the street. Road: 4-53. Lone Bear on both sides from Feigley Drive: Road to 100 feet west of Chatterton Avenue SW. 464. Longview on east side of street. Avenue: 4-75. Mitchell on both sides, from Bay Avenue: Street to Kitsap Street. 486. Murrelet on both sides, from Old Avenue: Clifton Road to Siskin Circle. 4-97. Pickford on the left-hand side as Place SW: the traffic flows on the street, from SW Colbert Way to end of cul-de-sac. -5848. Plisko on both sides, from Avenue: Mitchell Avenue to Mile Hill Drive. 5-149. Prospect on the inside radius of the Street: curve between Robert Geiger Street and Page 9 of 388 Back to Agenda Ordinance No. 028-21 Page 6 of 18 Frederick Avenue. 5�0. Pottery on both sides of the street, Avenue: within 100 feet of the Tremont Street right-of- way. 5-1. Retsil Road: on the west side, from the north corporate limits to the south property line of 982 Retsil Road. 542. Robert other than official city Geiger Street: vehicles, parking is prohibited at all times along the south side, from Bay Street to Prospect Street. 5-3. Rockwell on both sides, from Bay Avenue: Street to Kitsap Street. 564. Ross Street: on the south side of the 400 block. 5-75. Sage Court: on both sides of street. 596. Sage Street: on both sides from Pottery Avenue east for a distance of 70 feet and on the left- hand side, as the traffic flows, on the remainder of the street. 5-97. Seattle on the east side, from Bay Avenue: Street southerly for a distance of 82 feet. 6958. Sherman on the east side of the Avenue: 1200-1300 block from the dead end 980 feet north. 6459. Sidney on the west side from Bay Avenue: Street to Prospect Street. 620. Siskin on the inside curb of Siskin Circle: Circle throughout the circle. 6-1. Snowridge on the left-hand side, as Avenue: the traffic flows on the Page 10 of 388 Back to Agenda Ordinance No. 028-21 Paee 7 of 18 street. 642. Sprague on the right-hand side, as Street: the traffic flows on the one-way portion of the street. 6-53. Sroufe on the south side, from Street: Sidney Avenue to Portland Avenue. 664. Strathmore on outside of circle Circle SW: traveling either direction. 6-75. Sweany on the north side, from Street: Cline Avenue westerly for a distance of 340 feet. 686. Sweany on the south side, from Street: Sidney Avenue westerly for a distance of 200 feet. 697. Swift on west side, from Siskin Avenue: Circle to Lazuli Street. 7-968. SW on left-hand side of street Colbert Way: as the traffic flows, from Pickford Place SW to Chatterton Avenue SW. -7469. SW Old on both sides from Clifton Road: Chanting Circle SW to Campus Parkway. 7-20. SW on the right-hand side of Stanwick Way: street as the traffic flows, from Lone Bear Drive to Pickford Place SW. 7-31. Tremont on both sides of street Place: from 233 Tremont Place driveway to end of road guardrail. 742. Tremont on both sides of the street, Street: within 100 feet of Pottery Avenue right-of-way. 7-53. Vardon on both sides of the street. Circle SW: 764. Warbler on both sides of street Page 11 of 388 Back to Agenda Ordinance No. 028-21 Page 8 of 18 Way: from Old Clifton Road to Siskin Circle. 7-75. Warbler from Siskin Circle to curve Way: (park) on south side and on east side from curve (park) to Grebe Way. 786. Wilkins on both sides, from the Drive: west terminus, eastward 350 feet. 7-97. Lot 4: all of Lot 4, as defined in POMC 10.12.580, Saturdays from 5:00 a.m. to 5:00 p.m., from April 1st through October 31st. SECTION 2. Section 10.12.560 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.560 Parking time limited on certain streets. When signs are erected by the city engineer in each block giving notice thereof, no person shall park a vehicle for longer than the time specified in this section, on the days specified in this section, upon any of the streets described as follows except vehicles complying with the residential parking permit program: 1. Ada on both sides of Ada Street, Street: from Sidney Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 2. Arnold on the west side of Arnold Avenue E.: Avenue E., south of Bay Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 3. Austin on both sides, from Division Avenue: Street to Dwight Street. There will be two-hour parking from 8:00 a.m. to Page 12 of 388 Back to Agenda Ordinance No. 028-21 Page A of 18 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4. Bay Street: on both sides, from Orchard Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. Vehicles with residential parking permits are not exempt from the parking restrictions specified within this subsection. S. Bay Street: on the north side from the DeKalb Street pedestrian pier easterly for 110 feet. There will be 15-minute loading and unloading only. 6. Bay Street: on the south side from Port Orchard Boulevard to DeKalb Street and 130 feet east of DeKalb Street to Kitsap Street there will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 7. Bay Street: on west side of the 1500 and 1600 block. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 8. Bay Street: on the north side at Ross Point (SR 166). There will be four-hour parking. 9. Bay Street: on the south side of Bay Street, west of Arnold Avenue E. There will be two- hour parking from 8:00 a.m. Page 13 of 388 Back to Agenda Ordinance No. 028-21 Page 10 of 18 to 5:00 p.m., on any day, except Saturday, Sunday, and federal holidays. 10. Bravo on the east side from the Terrace: Bravo Terrace intersection south to end of cul-de-sac. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 11. Cline on both sides, from Kitsap Avenue: Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 12. Cline from the northeast corner of Avenue: Kitsap Street and Cline Avenue northerly along the east line of Cline Avenue to Bay Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 13. Cline on both sides, from Taylor Avenue: Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. Formatted Table Page 14 of 388 Back to Agenda Ordinance No. 028-21 Paee 11 of 18 1-54. DeKalb on both sides, from Seattle Street: Avenue to Sidney Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays; except for a space on the south side of DeKalb Street beginning 105 feet east of Harrison Avenue and continuing easterly for 175 feet. The 175 feet as described shall be designated all day parking. 165. DeKalb on the north side, from Street: Sidney Avenue westerly for a distance of 120 feet. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 1-76. DeKalb on the south side, from Tracy Street: Avenue easterly to the end of DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 197. DeKalb on both sides, from Mitchell Street: Avenue westerly for a distance of 340 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 1-98. DeKalb on the north side, from Street: Mitchell Avenue to Tracy Avenue. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. Page 15 of 388 Back to Agenda Ordinance No. 028-21 Page 12 of 18 2919. on both sides, from Sidney Division Avenue to Seattle Avenue. Street: There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 24.0. Division on both sides, from Cline Street: Avenue to Sidney Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 221. Division on both sides from Cline Street: Avenue westerly to dead end. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 282. Dwight on both sides, from Sidney Street: Avenue to Seattle Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 243. Dwight on both sides, from Mitchell Street: Avenue westerly for a distance of 250 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 2-54. Dwight on both sides, from Austin Street: Avenue to Cline Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. Page 16 of 388 Back to Agenda Ordinance No. 028-21 Page i,� of 18 2665. Farragut on the east side, 160 feet Avenue: north of DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 276. on both sides, from Frederick waterfront parking lot to Avenue: Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 287. on both sides, from DeKalb Harrison Street to Dwight Street. Avenue: There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 2-98. on both sides, from Dwight Harrison Street to Division Street. Avenue: There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. -3929. on both sides from Ada Street Harrison to dead end. There will be Avenue: two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 3-10. Kitsap on both sides, from Cline Street: Avenue to Rockwell Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 3-21. Kitsap on both sides, from Mitchell Page 17 of 388 Back to Agenda Ordinance No. 028-21 Page 14 of 18 Street: Avenue westerly for a distance of 150 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 332. Mitchell on the east side, from DeKalb Avenue: Street northerly for a distance of 70 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 343. Mitchell on the west side, from Kitsap Avenue: Street to Taylor Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.�d 3-54. Mitchell on the east side, from DeKalb Avenue: Street southerly to the bus loading access road, shall be designated all day parking except for the revetment area which is two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 365. Morton on both sides, from Rockwell Street: Avenue westerly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 3-76. Morton on both sides, from Rockwell Street: Avenue easterly for a Page 18 of 388 Back to Agenda Ordinance No. 028-21 Paee 1; of 18 distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 387. on both sides, from Sidney Prospect Avenue to Robert Geiger Street: Street. There will be four- hour parking from 8:00 a.m. to 5:00 p.m. (except where posted as one -hour parking for the City Permit Center located at 720 Prospect Street; holders of residential parking permits are not exempt from this restriction), on any day except Saturday, Sunday, and federal holidays, and the inside radius of the curve between Robert Geiger Street and Frederick Avenue. 398. on both sides, from Kitsap Prospect Street to Robert Geiger Street: Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays, except where 30-minute zone is delineated. 4939. along the green curb, in front Prospect of City Hall at 216 Prospect Street: Street. There is 30-minute parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4-10. Robert on the north side, from Geiger Prospect Street to Bay Street. Street: There will be four-hour parking from 8:00 a.m. to Page 19 of 388 Back to Agenda Ordinance No. 038-21 Page 16 of 18 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4-;11. Seattle on both sides, from Kitsap Avenue: Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 432. Seattle on both sides from Dwight Avenue: Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 443. Sidney on both sides from Bay Street Avenue: to the waterfront. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4-54. Sidney on the east side from Bay Avenue: Street to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 465. Sidney on both sides, from Prospect Avenue: to Kitsap Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4-76. Sidney on both sides, from Kitsap Avenue: Street to DeKalb Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Page 20 of 388 Back to Agenda Ordinance No. 028-21 Page 17 of 18 Sunday, and federal holidays. 497. Sidney on both sides, from DeKalb Avenue: Street to Ada Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 498. Sweany on the south side, from Cline Street: Avenue westerly for a distance of 300 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 5949. on the north side, from Sweany Sidney Avenue westerly for a Street: distance of 200 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 540. Tracy on both sides, from DeKalb Avenue: Street to Guy Wetzel Street There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 5-21. Tracy abutting 219 Tracy Avenue. Avenue: There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 552. Water from Bay Street to waterfront Street: on the west side. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 543. Library: north side of driveway Page 21 of 388 Back to Agenda Ordinance No. 038-21 Page 18 of 18 adjacent to south side of library sidewalk and Lot 7 shall be two-hour parking from 8:00 a.m. to 5:00 p.m. on any day, pursuant to easement AF# (8903310122) except Saturday, Sunday, and federal holidays. SECTION 3. Authorization to Post Signs. The City Engineer is hereby directed to post the signs as required by this Ordinance and as a result of the amendment of Section 10.12.500 and 10.12.560, upon the effective date of this Ordinance. SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION S. Effective Date. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 14th day of September 2021 Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Charlotte A. Archer, City Attorney Scott Diener, Councilmember Page 22 of 388 Back to Agenda ORDINANCE NO. 038-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO PARKING ON PUBLIC STREETS; AMENDING SECTION 10.12.500 AND 10.12.560 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, WAC 308-330-270 authorizes the City to adopt regulations to prohibit, regulate or limit stopping, standing or parking of vehicles in areas of the City; and WHEREAS, in accordance with that authority, the Port Orchard Municipal Code (POMC) Section 10.12.080(1) authorizes the City Council to from time to time, establish parking prohibitions and restrictions on portions of certain specified streets, and those prohibitions and restrictions are codified at POMC 10.12.500 through 10.12.620; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update such regulations; and WHEREAS, the City Council choses to codify any updates to the parking regulations in order to aid the public in its ability to access and review said regulations; and WHEREAS, staff audited the existing regulations and identified necessary, specific revisions to POMC Section 10.12.500 Parking prohibited at all times and POMC Section 10.12.560 Parking time limited on certain streets; and WHEREAS, the City Council has reviewed the proposed amendments and believes it to be in the best interests of the City to enact the proposed amendments; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.12.500 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.500 Parking prohibited at all times. When signs are erected by the city engineer giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets described as follows: 1. Advantage on the west side of the Avenue: north 350 feet of roadway and on the left-hand side, as the traffic flows, of the Page 23 of 388 Back to Agenda Ordinancc. Page 2 of 18 remainder of the street. 2. Andasio Loop on the outside curb along SE: the entire loop. 3. Arnold along the west side of Avenue E.: Arnold Avenue E., from the Lawrence Street intersection, to the northeast towards Bay St., 100 feet. 4. Arnold along the east side of Avenue E.: Arnold Avenue E., from the Bay Street intersection, to the south 66 feet. 5. Bay Street: at the intersection with Wharf Street (Mitchell Point), along the outside radius of the existing road as delineated by the established guardrail. 6. Bay Street: on the south side from Tracy Avenue, westerly for a distance of 200 feet. 7. Bay Street: on the north side, from the DeKalb Street pedestrian pier westerly for 70 feet and in front of 501 Bay Street. 8. Bay Street: at the southwest corner of the intersection with Arnold Avenue E., from the point of curvature to the point of tangency of the curve radius. 9. Bay Street: on the south side from Dekalb Street, 130 feet to the east. 10. Becky on both sides of street, Avenue: from Dallas Street south to Page 24 of 388 Back to Agenda Ordinancc. Page 3 of 18 dead end. 11. Bethel on the west side from the Avenue: driveway at 1130 Bethel Avenue, 245 feet north. 12. Cedar on both sides of the street Canyon: within 100 feet of the Tremont Street right-of- way. 13. Chanting on both sides of street, Circle SW: from Old Clifton Road 260 feet. Then on the east side to Chanting Circle. Then along the inside curb of the remaining part of Chanting Circle. 14. Chatterton on the west side of street. Avenue SW: 15. Chowchilla on the south side of street. Way: 16. Currant Lane on the west side of the SW: street. 17. Dallas Street: on the right-hand side, as the traffic flows. 18. DeKalb on south side from Cline Street: Avenue easterly to dead end. 19. DeKalb on the south side, from Street: Sidney Avenue westerly for a distance of 100 feet. 20. DeKalb on the north side, from Street: Tracy Avenue easterly to the end of DeKalb Street. 21. DeKalb on the south side, from Street: Mitchell Avenue to the east side of Tracy Avenue. 22. Donna on the south side of street. Street: 23. Donnegal on both sides of the street. Circle SW: Page 25 of 388 Back to Agenda Ordinancc. Page 4 of 18 24. Egret Street: on the south side of the street. 25. Fiscal Street: on the south side of the street. 26. Fantail Place: on the east side of the street. 27. Farragut on both sides, from Avenue: DeKalb Street to Morton Street; except, on the east side, 160 feet north of DeKalb Street. 28. Forest Park on both sides of the street. Street: 29. Glenmore on the inside radius of the Loop: entire loop. 30. Glenwood on the north side, from Road SW: Sidney Road 350 feet west. 31. Grebe Way: on the north side, from Siskin Circle to Swift Avenue. 32. Guy Wetzel on both sides from Bay Street: Street to Perry Avenue. 33. Hibiscus on the outside radius of Circle SW: the entire circle. 34. Huntington on both sides from Olney Street: Avenue to Glenmore Loop and the north side from Glenmore Loop to west end terminus. 35. Jabirin Way: on the north side of street. 36. Koda Circle: along fire lanes where marked/posted. 37. Landis Ct. on the northeast side. SW: 38. Lazuli Street: on the south side, from Wigeon Avenue to Siskin Circle. Page 26 of 388 Back to Agenda Ordinancc. Page 5 of 18 39. Lippert on both sides, from Drive: Pottery Avenue to Advantage Street. 40. Lloyd on both sides from SW Old Parkway: Clifton Road to Lumsden Road. 41. Lowren on the right-hand side, as Street: the traffic flows on the one-way portion of the street. 42. Lumsden on both sides of the street. Road: 43. Lone Bear on both sides from Feigley Drive: Road to 100 feet west of Chatterton Avenue SW. 44. Longview on east side of street. Avenue: 45. Mitchell on both sides, from Bay Avenue: Street to Kitsap Street. 46. Murrelet on both sides, from Old Avenue: Clifton Road to Siskin Circle. 47. Pickford on the left-hand side as Place SW: the traffic flows on the street, from SW Colbert Way to end of cul-de-sac. 48. Plisko on both sides, from Avenue: Mitchell Avenue to Mile Hill Drive. 49. Prospect on the inside radius of the Street: curve between Robert Geiger Street and Frederick Avenue. 50. Pottery on both sides of the street, Avenue: within 100 feet of the Tremont Street right-of- way. 51. Retsil Road: on the west side, from the north corporate limits to Page 27 of 388 Back to Agenda Ordinancc. Page 6 of 18 the south property line of 982 Retsil Road. 52. Robert other than official city Geiger Street: vehicles, parking is prohibited at all times along the south side, from Bay Street to Prospect Street. 53. Rockwell on both sides, from Bay Avenue: Street to Kitsap Street. 54. Ross Street: on the south side of the 400 block. 55. Sage Court: on both sides of street. 56. Sage Street: on both sides from Pottery Avenue east for a distance of 70 feet and on the left- hand side, as the traffic flows, on the remainder of the street. 57. Seattle on the east side, from Bay Avenue: Street southerly for a distance of 82 feet. 58. Sherman on the east side of the Avenue: 1200-1300 block from the dead end 980 feet north. 59. Sidney on the west side from Bay Avenue: Street to Prospect Street. 60. Siskin Circle: on the inside curb of Siskin Circle throughout the circle. 61. Snowridge on the left-hand side, as Avenue: the traffic flows on the street. 62. Sprague on the right-hand side, as Street: the traffic flows on the one-way portion of the street. 63. Sroufe on the south side, from Street: Sidney Avenue to Portland Page 28 of 388 Back to Agenda Ordinancc. Page 7 of 18 Avenue. 64. Strathmore on outside of circle Circle SW: traveling either direction. 65. Sweany on the north side, from Street: Cline Avenue westerly for a distance of 340 feet. 66. Sweany on the south side, from Street: Sidney Avenue westerly for a distance of 200 feet. 67. Swift on west side, from Siskin Avenue: Circle to Lazuli Street. 68. SW Colbert on left-hand side of street Way: as the traffic flows, from Pickford Place SW to Chatterton Avenue SW. 69. SW Old on both sides from Clifton Road: Chanting Circle SW to Campus Parkway. 70. SW Stanwick on the right-hand side of Way: street as the traffic flows, from Lone Bear Drive to Pickford Place SW. 71. Tremont on both sides of street Place: from 233 Tremont Place driveway to end of road guardrail. 72. Tremont on both sides of the street, Street: within 100 feet of Pottery Avenue right-of-way. 73. Vardon on both sides of the street. Circle SW: 74. Warbler on both sides of street Way: from Old Clifton Road to Siskin Circle. 75. Warbler from Siskin Circle to curve Way: (park) on south side and on east side from curve (park) to Grebe Way. 76. Wilkins on both sides, from the Page 29 of 388 Back to Agenda Ordinancc. Page 8 of 18 Drive: west terminus, eastward 350 feet. 77. Lot 4: all of Lot 4, as defined in POMC 10.12.580, Saturdays from 5:00 a.m. to 5:00 p.m., from April 1st through October 31st. SECTION 2. Section 10.12.560 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.560 Parking time limited on certain streets. When signs are erected by the city engineer in each block giving notice thereof, no person shall park a vehicle for longer than the time specified in this section, on the days specified in this section, upon any of the streets described as follows except vehicles complying with the residential parking permit program: 1. Ada on both sides of Ada Street, Street: from Sidney Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 2. Arnold on the west side of Arnold Avenue E.: Avenue E., south of Bay Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 3. Austin on both sides, from Division Avenue: Street to Dwight Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4. Bay Street: on both sides, from Orchard Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to Page 30 of 388 Back to Agenda Ordinancc. Page 9 of 18 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. Vehicles with residential parking permits are not exempt from the parking restrictions specified within this subsection. 5. Bay Street: on the north side from the DeKalb Street pedestrian pier easterly for 110 feet. There will be 15-minute loading and unloading only. 6. Bay Street: on the south side from Port Orchard Boulevard to DeKalb Street and 130 feet east of DeKalb Street to Kitsap Street there will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 7. Bay Street: on west side of the 1500 and 1600 block. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 8. Bay Street: on the north side at Ross Point (SR 166). There will be four-hour parking. 9. Bay Street: on the south side of Bay Street, west of Arnold Avenue E. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day, except Saturday, Sunday, and federal holidays. 10. Bravo on the east side from the Terrace: Bravo Terrace intersection south to end of cul-de-sac. There will be two-hour Page 31 of 388 Back to Agenda Ordinancc. Page 10 of 18 parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 11. Cline on both sides, from Kitsap Avenue: Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 12. Cline from the northeast corner of Avenue: Kitsap Street and Cline Avenue northerly along the east line of Cline Avenue to Bay Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 13. Cline on both sides, from Taylor Avenue: Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 14. DeKalb on both sides, from Seattle Street: Avenue to Sidney Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays; except for a space on the south side of DeKalb Street beginning 105 feet east of Harrison Avenue and continuing easterly for 175 feet. The 175 feet as described shall be designated Page 32 of 388 Back to Agenda Ordinancc. Page 11 of 18 all day parking. 15. DeKalb on the north side, from Street: Sidney Avenue westerly for a distance of 120 feet. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 16. DeKalb on the south side, from Tracy Street: Avenue easterly to the end of DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 17. DeKalb on both sides, from Mitchell Street: Avenue westerly for a distance of 340 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 18. DeKalb on the north side, from Street: Mitchell Avenue to Tracy Avenue. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 19. Division on both sides, from Sidney Street: Avenue to Seattle Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 20. Division on both sides, from Cline Street: Avenue to Sidney Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Page 33 of 388 Back to Agenda Ordinancc. Page 12 of 18 Saturday, Sunday, and federal holidays. 21. Division on both sides from Cline Street: Avenue westerly to dead end. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 22. Dwight on both sides, from Sidney Street: Avenue to Seattle Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 23. Dwight on both sides, from Mitchell Street: Avenue westerly for a distance of 250 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 24. Dwight on both sides, from Austin Street: Avenue to Cline Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 25. Farragut on the east side, 160 feet Avenue: north of DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 26. Frederick on both sides, from Avenue: waterfront parking lot to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day Page 34 of 388 Back to Agenda Ordinancc. Page 13 of 18 except Saturday, Sunday, and federal holidays. 27. Harrison on both sides, from DeKalb Avenue: Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 28. Harrison on both sides, from Dwight Avenue: Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 29. Harrison on both sides from Ada Street Avenue: to dead end. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 30. Kitsap on both sides, from Cline Street: Avenue to Rockwell Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 31. Kitsap on both sides, from Mitchell Street: Avenue westerly for a distance of 150 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 32. Mitchell on the east side, from DeKalb Avenue: Street northerly for a distance of 70 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any Page 35 of 388 Back to Agenda Ordinancc. Page 14 of 18 day except Saturday, Sunday, and federal holidays. 33. Mitchell on the west side, from Kitsap Avenue: Street to Taylor Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 34. Mitchell on the east side, from DeKalb Avenue: Street southerly to the bus loading access road, shall be designated all day parking except for the revetment area which is two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 35. Morton on both sides, from Rockwell Street: Avenue westerly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 36. Morton on both sides, from Rockwell Street: Avenue easterly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 37. Prospect on both sides, from Sidney Street: Avenue to Robert Geiger Street. There will be four- hour parking from 8:00 a.m. to 5:00 p.m. (except where posted as one -hour parking for the City Permit Center Page 36 of 388 Back to Agenda Ordinancc. Page 15 of 18 located at 720 Prospect Street; holders of residential parking permits are not exempt from this restriction), on any day except Saturday, Sunday, and federal holidays, and the inside radius of the curve between Robert Geiger Street and Frederick Avenue. 38. Prospect on both sides, from Kitsap Street: Street to Robert Geiger Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays, except where 30-minute zone is delineated. 39. Prospect along the green curb, in front Street: of City Hall at 216 Prospect Street. There is 30-minute parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 40. Robert on the north side, from Geiger Prospect Street to Bay Street. Street: There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 41. Seattle on both sides, from Kitsap Avenue: Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 42. Seattle on both sides from Dwight Avenue: Street to Division Street. Page 37 of 388 Back to Agenda Ordinancc. Page 16 of 18 There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 43. Sidney on both sides from Bay Street Avenue: to the waterfront. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 44. Sidney on the east side from Bay Avenue: Street to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 45. Sidney on both sides, from Prospect Avenue: to Kitsap Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 46. Sidney on both sides, from Kitsap Avenue: Street to DeKalb Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 47. Sidney on both sides, from DeKalb Avenue: Street to Ada Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 48. Sweany on the south side, from Cline Street: Avenue westerly for a distance of 300 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any Page 38 of 388 Back to Agenda Ordinancc. Page 17 of 18 day except Saturday, Sunday, and federal holidays. 49. Sweany on the north side, from Street: Sidney Avenue westerly for a distance of 200 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 50. Tracy on both sides, from DeKalb Avenue: Street to Guy Wetzel Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 51. Tracy abutting 219 Tracy Avenue. Avenue: There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 52. Water from Bay Street to waterfront Street: on the west side. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 53. Library: north side of driveway adjacent to south side of library sidewalk and Lot 7 shall be two-hour parking from 8:00 a.m. to 5:00 p.m. on any day, pursuant to easement AF# (8903310122) except Saturday, Sunday, and federal holidays. SECTION 3. Authorization to Post Signs. The City Engineer is hereby directed to post the signs as required by this Ordinance and as a result of the amendment of Section 10.12.500 and 10.12.560, upon the effective date of this Ordinance. Page 39 of 388 Back to Agenda Ordinancc. Page 18 of 18 SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION S. Effective Date. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 14t" day of September 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 40 of 388 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 Declaring Certain Items as Surplus and Authorizing its Disposition Back to Agenda Meeting Date: September 14, 2021 Prepared by: Brandy Rinearson, MMC Atty Routing No. Atty Review Date City Clerk N/A N/A Summary: Assets of the City that are no longer useable, are no longer of value to the City, or are surplus to City needs may be removed from City ownership, sold, or in any other way disposed with a declaration of surplus by the City Council. Staff is asking the Council to surplus items listed in the attached document, listed as Exhibit A to the resolution. Although the City's internal asset value of the items has been determined to be $650.00, any money from the sale of surplus property is deposited into the Fund which owned the items. When disposal is to the general public through direct sale, sealed bid or auction, final determination of value shall be the highest responsible bid or offer. The City may transfer a surplus asset to another public agency upon written request and a determination that it is in the public interest. Recommendation: Staff recommends adoption of a Resolution declaring certain items surplus and allowing for its disposition. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a resolution declaring certain items surplus and authorizing its disposition. Fiscal Impact: Money received from the disposition of surplus items is deposited in the Fund of ownership. Alternatives: Do not adopt. Attachments: Resolution. Page 41 of 388 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING CERTAIN ITEMS AS SURPLUS AND AUTHORIZING ITS DISPOSITION. WHEREAS, certain personal property owned by various Funds of the City of Port Orchard has become surplus to the needs of the City; and WHEREAS, the City Council has determined that the current asset value of the items to be $650.00; and WHEREAS, the City Council has, pursuant to the requirements of POMC 1.30.020, considered the possible future requirements of the City, the present value of the personal property and utility equipment, the likelihood of locating a buyer, possible intergovernmental cooperation, and the general welfare of the citizens of Port Orchard in determining whether it is in the best interests of the City to dispose of such personal property and utility equipment; and WHEREAS, the City Council desires to dispose of said items in the best interests of the City, now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The property described in the attached Exhibit A is declared as a surplus to the needs of the City. Staff is instructed to dispose of the items in a manner that reflects the best interest of the City. 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 14' day of September 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 42 of 388 Attachment A - Governmental Description Est Value REASON TO SURPLUS CPU DELL GX240 #BZXYM11 0.00 obsolete/ inoperable Laptop Toshiba Satellite 2410-5205 S#33121601P 0.00 obsolete/ inoperable HP lasedet printer 2430DL 0.00 obsolete/ inoperable Toshiba Protege Laptop M700-S70005V S#58062733H 0.00 obsolete/ inoperable Quantum superloader #CX121 IBHL00414 0.00 obsolete/ inoperable IT Server (Dell)Power Edge R420 0.00 obsolete/ inoperable HP LJ M602X Printer s/n CNCCF640P 1 0.00 obsolete/ inoperable Dell computer optiplex 7010 H37HDZ1 0.00 obsolete/ inoperable Dell computer Optiplex 7010 9KJ6K02 0.00 obsolete/ inoperable Dell computer Optiplex 7010 9KK7K02 0.00 obsolete/ inoperable Toshiba Satillite Laptop s55ta5379 0.00 obsolete/ inoperable Apple I Pad SDMPMW759FKI5 0.00 obsolete/ inoperable Apple I Pad SDMPMWBVUFKIS 0.00 obsolete/ inoperable Apple I Pad SDMPN134GFK15 0.00 obsolete/ inoperable Apple I Pad SDMPN144WFK15 0.00 obsolete/ inoperable Apple I Pad SDMQMV 1M2FK15 0.00 obsolete/ inoperable Apple I Pad SDMQNVAOXFK15 0.00 obsolete/ inoperable Dell computer Optiplex 7020 DOSXD42 0.00 obsolete/ inoperable Portable Printer #MY54LFIOKD 0.00 obsolete/ inoperable Dell computer Optiplex 7440 6P3M082 0.00 obsolete/ inoperable Dell computer Optiplex 7440 6P3Q082 0.00 obsolete/ inoperable Dell computer Optiplex 7440 6P3N082 0.00 obsolete/ inoperable Dell computer OptiPlex 7440 CG8P382 0.00 obsolete/ inoperable Dell computer OptiPlex 7440 CG8R382 0.00 obsolete/ inoperable Dell computer OptiPlex 7440 CG8S382 0.00 obsolete/ inoperable Dell computer OptiPlex 7440 CG8v382 0.00 obsolete/ inoperable Dell computer OptiPlex 7440 CG9V382 0.00 obsolete/ inoperable Dell computer OptiPlex 7440 CGBN382 0.00 obsolete/ inoperable Ipad SDMPRDIXJF4YH 0.00 obsolete/ inoperable Dell computer optiplex 786DHB2 0.00 obsolete/ inoperable Surface laptop #004300771957 0.00 obsolete/ inoperable Dell computer optiplex 5040 #4G65GK2 0.00 obsolete/ inoperable Ipad 9.7 5h gen Il Ormkbb0 0.00 obsolete/ inoperable HP Deskjet 1112 printer #CN77K28336 0.00 obsolete/ inoperable HP office jet pro 6230 printer #TH7306R118 0.00 obsolete/ inoperable Dell computer Optiplex 5050 8SNGHL2 0.00 obsolete/ inoperable Dell computer Optiplex 5050 8SNGHL2 0.00 obsolete/ inoperable Dell computer Optiplex 5050 8SNKHL2 0.00 obsolete/ inoperable Dell computer Optiplex 5050 8SVHHL2 0.00 obsolete/ inoperable surface pro #038214373653 0.00 obsolete/ inoperable Dell computer Optiplex 5060 C6W2BT2 0.00 obsolete/ inoperable 6TB HP Storage Works 0.00 obsolete/ inoperable IT Server storageworksx1600 #MXQ22708CT 0.00 obsolete/ inoperable Samsung Galaxy 6 #990007037197099 0.00 obsolete/ inoperable Iphone 6S FFNWC6ZKHFLR IMEI359485089126999 0.00 obsolete/ inoperable Iphone 7 DX3XG35HHG6W IMEI359465088131034 0.00 obsolete/ inoperable Iphone 6 S #356650085294678 0.00 obsolete/ inoperable Lawnmower Maga 2673578 0.00 obsolete/ inoperable Iphone 6S FFMVfH03BHFLR 0.00 obsolete/ inoperable Iphone 6S FFMWHOBYHFLR 0.00 obsolete/ inoperable Taser TXR x26e blk/slvr Serial#x00-723137 0.00 obsolete/ inoperable Taser TXR x26e blk/slvr Serial#x00-723154 0.00 obsolete/ inoperable Taser TXR x26e blk/slvr Serial#x00-723144 0.00 obsolete/ inoperable Taser TXR x26e blk/slvr Serial#x00-723139 0.00 obsolete/ inoperable Taser TXR x26e blk/slvr Serial#x00-723124 0.00 obsolete/ inoperable Taser TXR x26e blk/slvr Serial#x00-722986 0.00 obsolete/ inoperable Taser TXR x26e blk/slvr Serial#x00-723446 0.00 obsolete/ inoperable Iphone 7 Black 32GB DX3XNC8PHG6W 0.00 obsolete/ inoperable Iphone 6S FFMWHOPLHFLR 0.00 obsolete/ inoperable Iphone 6S FFMWHHU6HFLR 0.00 obsolete/ inoperable Iphone 6S FFMWHH6HHFLR 0.00 obsolete/ inoperable Iphone 6S FFMWHITZHFLR 0.00 obsolete/ inoperable Iphone 6S FFMWH2HGHFLR 0.00 obsolete/ inoperable Iphone 6S FFMWHI IDHFLR 0.00 obsolete/ inoperable Iphone 7 Black 32GB DX3XNLCQHG6W 0.00 obsolete/ inoperable Samsung galaxy 6 phone 0.00 obsolete/ inoperable Page 43 of 388 Attachment A - Governmental Description Est Value REASON TO SURPLUS Iphone 7 MNAC2LL/A 0.00 obsolete/ inoperable Iphone 7 MNAC2LL/A 0.00 obsolete/ inoperable 5SE cell phone F17RX6K5H2XG 0.00 obsolete/ inoperable Iphone 6 SE MNIM2LL/A 0.00 obsolete/ inoperable Iphone 7 Black 32GB DX3XNKTNHG6W 0.00 obsolete/ inoperable Iphone 6SSG 32GB #359483088160861 0.00 obsolete/ inoperable Iphone 6S FFMWHIPCHFLR 0.00 obsolete/ inoperable Iphone 6S FFMWHHVQHFLR 0.00 obsolete/ inoperable Iphone 6S FFMWHHQBHFLR 0.00 obsolete/ inoperable Iphone 6S FFMVvH075HFLR 0.00 obsolete/ inoperable Nissan 999T7 Sliding Bed extender 0.00 obsolete/ inoperable Computer mount for vehicle 0.00 obsolete/ inoperable Slide out locking swing arm with motion adaptor 50.00 obsolete/ inoperable Heavy duty telescoping pole 30.00 obsolete/ inoperable 16" heavy duty side mount base for Jeep Liberty 10.00 obsolete/ inoperable Docking station for Panasonic toughbook 0.00 obsolete/ inoperable Power supply for docking station 0.00 obsolete/ inoperable Camera polaroid 600 0.00 obsolete/ inoperable Camera olympus D395 #408293280 10.00 obsolete/ inoperable Camera Fuji film #8UA44398 50.00 obsolete/ inoperable Camera Fuji film # 6CA05861 50.00 obsolete/ inoperable Camera Fuji film # 6CA06593 50.00 obsolete/ inoperable Camera Fuji film # 8UA44396 50.00 obsolete/ inoperable Camera Canon XS 160IS #612020115279 50.00 obsolete/ inoperable Camera GE X400 # X080151 110 50.00 obsolete/ inoperable Camera Canon SX410IS #1020622001812 50.00 obsolete/ inoperable Camera Fuji film S5200 #6CA03765 50.00 obsolete/ inoperable Camera GE X400 #X08014998 50.00 obsolete/ inoperable Camera Fuji film #9WA54222 50.00 obsolete/ inoperable Camera Fuji film #2SA88156 50.00 obsolete/ inoperable Page 44 of 388 Back to Agenda Attachment B - Enterprise Year Description Est. Value Hydromatic submersiable sewage pump Page 45 of 388 ;W 4 a Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Consent Agenda 4E Agenda Staff Report Subject: Acceptance of a Grant from Kitsap Bank for the Chimes and Lights Event Meeting Date Prepared by Atty Routing No.: Atty Review Date Back to Agenda September 14, 2021 Brandy Rinearson, MMC City Clerk N/A N/A Summary: Each year, Kitsap Bank seeks applications for the Kitsap Bank Community Connections Grant. For the last several years the city has applied, and received, funding for the Festival of Chimes and Lights event. The grant funds are used to purchase lights, decorations and/or other various items needed for the event. However, pursuant to RCW 35A.11.040, acceptance of any grant requires council approval. In addition, a grant is a contract, and under RCW 35A.11.010, the city council is the contracting authority for the city. This year the funds will be spent on purchasing of additional lights for decorating downtown and City Hall, as well as to purchase prizes for winners of the downtown Bay Street tree decorating contest. Recommendation: Staff recommends approval of the grant as presented. Relationship to Comprehensive Plan: N/A. Motion for consideration: "I move to accept the grant from Kitsap Bank for the Festival of Chimes and Lights event, as presented. Fiscal Impact: $1,000 will be deposited into the General Fund. Alternatives: Not approve and provide direction to staff. Attachments: Grant application and acceptance letter. Page 46 of 388 Back to Agenda Jenine Floyd From: Brandy Rinearson Sent: Thursday, January 28, 2021 11:24 AM To: Jenine Floyd Subject: FW: 2021 Kitsap Bank Community Connections Attachments: ACH Vendor Agreement and Authorization.pdf; KB_StandardsGuide6.pdf; Kitsap Bank Photograph Release.docx; Statement Message Request Form.doc; KitsapBank_Primary_ 2CLRjpg FYI Let's add this item on a Council agenda for an approval under consent in September. Best Wishes, Brandy Rinearson, MMC, CPRO City Clerk/Assistant to the Mayor City of Port Orchard Direct (360) 876-7030 Fax (360) 895-9029 www.cityofportorchard.us Our doors are closed to the public, however we continue to serve the citizens of Port Orchard via telephone and email, Monday through Friday 8am to 4:30pm. Emergency services are available 24 hours a day by calling 911. Please consider the environment before printing this e-mail. Please be aware that a -mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e- mail or telephone at (360) 876-7030. From: KB -Marketing <marketing@kitsapbank.com> Sent: Wednesday, January 27, 20214:02 PM To: Brandy Rinearson <brinearson@cityofportorchard.us> Cc: Ken Hall <KHall@kitsapbank.com> Subject: 2021 Kitsap Bank Community Connections This message was sent securely using Zix,° Dear Brandy, Thank you for your application to Kitsap Bank's Community Partner Program. Our committee has reviewed your application for funding, and we are pleased to inform you that your 2021 request on behalf of the City of Port Orchard has been approved for the Festival of Chimes & Lights in the amount of $1,000. This payment will be sent to you in September. Important Information and Next Steps: m Event Date Page 47 of 388 Please email marketing@kitsapbank..com by February 12" with the confirmed date of your a Back to Agenda current environment, please contact us as soon as possible if your event is postponed or canceiea; we wiii work with you to determine the best use of the allotted sponsorship funds in 2021. Sponsorship Payment Your event date will determine when the sponsorship payment is made (typically 90 days in advance). Attached is our ACH Vendor Agreement, please complete and return it to marketing@kitsapbbank.com . ■ Logo Kitsap Bank's logo files are attached for your use. When using our logo, please refer to the attached Standards Guide for guidance in usage. • Photos We love what you're doing, and we want to hear (and see) your stories! We request that you provide a minimum of three photographs, which we may feature on our Kitsap Bank website, in advertisements, or in print materials. The attached release form will need to be signed by all persons appearing in your selected photos, and returned to marketitig@Icitsapbank.com. • Social Media We encourage you to share photos and event posts with us on social media using the hashtags #causegood and #kitsapbank. • Statement Messages/Event Promotion As a Kitsap Bank Community Partner, we offer the added benefit of announcing your event on a space -available basis in our monthly statements, as well as listing your organization on our web site. A form is attached with instructions for submitting your announcement to our Marketing Department. • Sponsor Ads If our sponsorship comes with an advertisement, please email marketing@kitsap_bank.com with the ad dimensions, color requirements, file type and deadline. We require a minimum two week notice so that we can prepare the ad. • 2022 Application Deadline —Sept. 17, 2021 The 2022 Community Connections Application must be completed and received no later than Friday, September 17, 2021. Should you wish to apply next year, please apply online at iittps://www.kitsapbankTcoi-nZabout- u slcom m u r7 ity-givi nRlco m ni u n i ty-conn ectio nsl . Like you, Kitsap Bank is committed to supporting our neighbors and enriching our community. We thank you for your commitment to make a difference, and look forward to supporting your efforts over the coming year. Sincerely, Amber Kitsap k Bank Amber Burton Marketing Specialist p 360.876.7883 f 360.876.7885 619 Bay Street Port Orchard, WA 98366 Page 48 of 388 To send me documents please use this secure upload link: httt)s://kitsapbank-sharefile.com/r Back to Agenda rb04cO35633a942Oe9f8b944be62482d4 Kitsap Bank continues to monitor the rapidly evolving COVID-19 situation. Please be assured that we are committed to supporting you, our employees and our community through this situation. For up-to-date information, please refer to litt s.1/iv►v►v.kitsa bank.comlabout-tlslcovid-l9-u tlatel and follow us on social media. *** PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS EMAIL. *** This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. Ifyou are not the intended recipient, please: (i) delete the message and all copies; (ii) do not disclose, copy, distribute or use the message in any manner; and (iii) notify the sender immediately. In addition, please be aware that any message addressed to our domain is subject to archiving and review by persons other than the intended recipient The above does not represent an electronic signature for the purposes of E-SIGN. When sending sensitive financial information to me, please use the Zix Secure Message Center. This free service uses state-of-the-art encryption technology to ensure that both the email and all attachments are fully protected. To access Zix click here; httpsWsecure- kimpbank.com. To send me documents please visit our Secure File Transfer Site at: htttPsY/www.kitsapbank.coTn/ftl2 This message was secured by Zix®. Page 49 of 388 Back to Agenda Kitsap Bank ACH Vendor Agreement and Authorization I (we) ("Vendor") authorize Kitsap Bank to electronically credit Vendor's account (and, if necessary, electronically debit Vendor's account to correct erroneous credits), in each case via Automated Clearing House ("ACH") transfer, as follows: Select one: ❑ Checking Account ❑ Savings Account at the depository financial institution named below ("DEPOSITORY") Name on Account: Depository Name: Depository Routing Number: Depository Account Number: Depository Address: Depository Phone Number: Amount and frequency of credit(s) are authorized as invoiced. Vendor understands that this authorization will remain in full force and effect until Vendor notifies Kitsap Bank in writing that vendor wishes to revoke or change this authorization. Vendor understands that Kitsap Bank requires 15 days' advanced notice in order to cancel or change this authorization. Vendor shall be responsible for any fees resulting from the deposit or withdrawal of funds and for any loss which may arise by reason of any error, mistake or fraud regarding the information Vendor has provided in this agreement. Vendor agrees that the origination of ACH transfers to Vendor's account must comply with applicable law. Name(s): Date: Return completed form to: KB-Accounting(a)kitsapbank.com Attn: Accounts Payable 619 Bay Street Port Orchard, WA 98366 Email Address: Signature(s) kitsapbank.com 619 Bay Street I Port Orchard, WA 98366 1360.876.7819 Page 50 of 388 Back to Agenda Ki'stsap.Ban Page 51 of 388 Back to Agenda CONTENTS 3 Introduction 4 Visual Identity 8 Color Palette 10 Typography 12 Design Guidance 16 Photo Guidance 17 Messaging Standards Page 52 of 388 INTRODUCTION We've established these graphic standards to set a consistent look, feel, and tone across the company. They are here to help you represent our brand consistently, which will also help everyone in the Kitsap Bank family recognize the breadth and value of the work we do. The Kitsap Bank logo represents who the company is to the world and is its strongest tool in building a strong brand image. Back to Agenda You should follow this guide when creating or commissioning any kind of print communication material. If you are working with a consultant to produce materials, share the standards guide with them and reference it in your contract. If you have any questions about the standards guide, please contact Janet Silcott, AVP Senior Marketing Officer at jsilcott@kitsapbank.com or by calling 360.876.7807. KITSAP BANK GRAPHIC STANDARDS GUIDE 1 03 Page 53 of 388 VISUAL IDENTITY THE APPROVED AND PREFERRED LOGO The Kitsap Bank logo is a smart, contemporary brand. The graphic lines are clean and the undulating movement of the flag gives the design its dynamic quality. The flag concept echoes the nautical history of Kitsap County and represents a company that is proudly planting its flag as the preeminent Northwest community bank. The flag graphic, subtly emblazoned with the initials of Kitsap Bank, represents the drive to explore new frontiers and a fearless, trailblazing spirit. The bright color palate underlines the bank's passion and determination to lead the charge. The Kitsap Bank logo is the most visible manifestation of our brand. All marketing and communications must use the graphic signature shown here. The Kitsap Bank logo must appear exactly as shown for the application in which it is being used, and care should be taken to ensure high quality reproduction. The logo should never be scanned from other reproductions or downloaded from the web. Use of this image is governed by the Kitsap Bank Graphic Standards Guide. Any individual, organization or company which is not a part of Kitsap Bank wishing to use the logo in any of its combinations, must obtain the right to do so — in writing — by contacting Janet Silcott, AVP Senior Marketing Officer atjsilcott@kitsapbank.com or by calling 360.876.7807. Back to Agenda Ki*tsap.Ban KITSAP BANK GRAPHIC STANDARDS GUIDE 1 04 Page 54 of 388 Back to Agenda COLOR VERSIONS There are four color versions of the logo available: • Two -Color (Blue & Gold) —Preferred • One -Color (Blue) One -Color (Black) • One -Color (White) The preferred version for all communications is the two-color. The one -color versions are reserved for projects created by professional designers. When using the white version of the logo, ensure that any background images or colors are dark enough to provide contrast and allow the logo to read properly. STACKED PRIMARY LOGO Whenever possible, use the primary version of the logo. This is the preferred version. HORIZONTAL & VERTICAL LOGOS Horizontal and vertical versions of the logo are available in all colors listed above. Only use these versions if space requires its use and doesn't allow for proper use of the stacked primary logo. STACKED PRIMARY Kitsap Bank Kitsap i Bank HORIZONTAL Kitsap Bank Kitsap 4 Bank - VERTICAL 4 Kitsap Bank KITSAP BANK GRAPHIC STANDARDS GUIDE 1 05 Page 55 of 388 CLEAR SPACE To ensure high visibility and an uncluttered presentation, always maintain "clear space" around the logo or the flag "bug". The clear space should be free of all other logos, objects and text. To determine clear space, measure the height of the graphic signature as shown. An area equal to one quarter this size should be kept clear on all sides. Note that clear space will change depending on the size of the logo or bug. MINIMUM SIZE Minimum size standards have been established to ensure the clarity and integrity of the logo. • The primary and stacked logos should always measure a minimum of .75" for print applications. On -screen, the logo must appear at least 55 pixels wide. • The horizontal logo should measure a minimum of 1.25" for print applications. On -screen, it must appear at least 70 pixels wide. • The flag bug should measure a minimum of .25" for print applications. On -screen, it must appear at least 15 pixels wide. Height of signature = x Heignt of signature = x Back to Agenda .25(x) Kitsapft _Bank Kitsap q Bank .75" for print 55 pixels for screen k Kitsap Bank .75" for print 55 pixels for screen Kitsap ft Bank 1.25" for print 70 pixels for screen 25(x) .25(x) F_� F-1 Lrl u .25" for print 15 pixels for screen KITSAP BANK GRAPHIC STANDARDS GUIDE 1 06 Page 56 of 388 UNACCEPTABLE USES No deviation from the accepted use of the Kitsap Bank logo as shown in the Graphic Standards Guide is permissible. Scanning the logo from reproduction materials or recreating the logo in any way is unaccept- able. The examples on this page demon- strate how the logo might be misused in print or in electronic formats. FILE TYPES • For commercially printed communications, use the PDF or EPS files of the logo. • For on -screen presentations and in-house printing, use the JPEG or PNG files of the logo. ft It is not acceptable to separate the flag graphic from the words "Kitsap Bank." KITSAP BANK Never rearrange elements or substitute typography Never place the logo on a dark or textured, non -contrasting background I<itsap Bank Never box the logo or place additional elements too close which will crowd the logo ICitsap Bank Never change the color scheme ICitsap ft Bank Never screen unapproved areas of the logo or add drop shadows Back to Agenda Kitsap Banlz Never add foreign elements to the logo Never reverse the logo out of a color that is too light to show contrast Never position the logo on any baseline other than horizontal, and do not separate elements Kitsap Bahl!<_-ft Never stretch or squish the logo Kitsap Bank Do not use a file that is too low in resolution for final output KITSAP BANK GRAPHIC STANDARDS GUIDE 1 07 Page 57 of 388 COLOR PALETTE BRAND COLORS Carefully applied, brand colors will impart a consistent look and feel to all communications. Always use the identity colors shown here. USAGE • Use Pantone colors for spot -color applications. • Use CMYK colors when printing four-color process. • Use RGB and Hexadecimal colors when creating digital materials, such as PowerPoint presentations and graphics for the web. MATCHING For accurate color matching, refer to the Pantone Matching Guide (PMS) swatch books when specifying colors. Each color has been optimized for on -screen or print reproduction. Please use the provided formulas when specifying colors. Do not use the automated color conversion tools in your software. The provided Pantone number followed by "C" refers to the correct selection for printing on COATED paper stocks. Select the PMS color followed by "U" in situations that involve printing on UNCOATED stocks. NOTE 1: The Pantone number followed by C/U means the same number is used on coated and uncoated stocks. NOTE 2: Yellow should be used sparingly and only as an accent color. Back to Agenda SIGNATURE COLORS & SHADES PMS 7408 C/ 115 U PMS 012 C / U C = 3 R = 245 M=27 G=187 Y=100 B=23 K =0 #F5BB17 is C =0 i R =255 M=0 G=255 Y =0 B =255 K =0 ! #FFFFFF C = 0 R = 255 M=15 G=212 Y = 90 B = 48 K =0 #FFD430 KITSAP BANK GRAPHIC STANDARDS GUIDE 1 08 Page 58 of 388 Back to Agenda COMPLEMENTARY COLOR USAGE Use Pantone colors for spot -color applications. • Use CMYK colors when printing four-color process. • Use RGB and Hexadecimal colors when creating digital materials, such as PowerPoint presentations and graphics for the web. MATCHING COMPLEMENTARY COLORS & SHADES For accurate color matching, refer to the Pantone Matching Guide (PMS) swatch books when specifying colors. Each color has been optimized for on -screen or print reproduction. Please use the provided formulas when specifying colors. Do not use the automated color conversion tools in your software. NOTE: The Pantone number followed by C/U means the same number is used on coated and uncoated stocks. (16%) PMS Cool Gray 9 C/U C = 10 R = 226 M = 8 G = 225 Y = 7 B = 227 K =0 #E2E1E3 (8%) PMS Cool Gray 9 C/U C =5 i R =235 M=4 G=234 Y = 4 B=233 K=1 #EBEAE9 KITSAP BANK GRAPHIC STANDARDS GUIDE 1 09 Page 59 of 388 TYPOGRAPHY TYPOGRAPHY — COMMERCIAL PRINTING The standard typeface for Kitsap Bank is ITC Franklin Gothic. It should be used when creating materials that will be commercially printed. Consistent use of this type family will contribute to a unified brand image. BEST PRACTICES For body copy, use ITC Franklin Gothic book. ITC Franklin Gothic Condensed should only be used for headlines and subheads. Do not use it for small text or body copy. • Headlines can be tracked -10 or -20, but small text and body copy should not be negatively tracked. Do not stretch text horizontally or vertically. Use standard leading or similar values, and avoid loose line spacing. Do not add drop shadows to text. Don't use more than two type styles in close proximity, and do not use too many type sizes per page layout. ITC Franklin Gothic BOOK ABCDEFGHIJKLMNOPQRSTU VWXYZ abcdefghijklmnopgrstuvwxyz 1234567890 MEDIUM ABCDEFGHIJKLMNOPQRSTU LVITIVIVVrA abcdefghijkimnopgrstuvwxyz 1234567890 DEMI ABCDEFGHIJKLMNOPQRSTU VWXYZ abcdefghijkimnopgrstuvwxyz 1234567890 HEAVY ABCDEFGHIJKLMNOPQRSTU VWXYZ abcdefghijkimnopgrstuvwxyz 1234567890 Back to Agenda ITC Franklin Gothic Condensed BOOK ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopgrstuvwxyz 1234567890 MEDIUM ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopgrstuvwxyz 1234567890 DEMI ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijkimnopgrstuvwxyz 1234567890 Page 60 of 388 Back to Agenda TYPOGRAPHY — IN -OFFICE AND ON -SCREEN When creating materials in Microsoft PowerPoint or Word, use the Arial font, which comes with the Windows operating system. If Arial is not available, Open Sans may be substituted. Open Sans is also the font for the Kitsap Bank website, and should be used when creating web buttons or other site assets. BEST PRACTICES For body copy, use Arial Regular. Do not stretch text horizontally or vertically. Use standard leading or similar values, and avoid loose line spacing. Do not add drop shadows to text. Don't use more than two type styles in close proximity, and do not use too many type sizes per page layout. Arial REGULAR ABCDEFGHIJKLMNOPQRSTU VWXYZ abcdefghijklmnopqrstuvwxyz 1234567890 SEMIBOLD ABCDEFGHIJKLMNOPQRSTU VWXYZ abcdefghijklmnopqrstuvwxyz 1234567890 Open Sans REGULAR ABCDEFGHIJKLMNOPQRSTU VWXYZ abcdefghijklmnopqrstuvwxyz 1234567890 SEMIBOLD ABCDEFGHIJKLMNOPQRSTU VWXYZ abcdefghijklmnopqrstuvwxyz 1234567890 BOLD ABCDEFGHIJKLMNOPQRSTU VWXYZ abcdefghijklmnopqrstuvwxyz 1234567890 EXTRABOLD ABCDEFGHIJKLMNOPQRSTU VWXYZ abcdefghijklmnopqrstuvwxyz 1234567890 KITSAP BANK GRAPHIC STANDARDS GUIDE 111 Page 61 of 388 DESIGN GUIDANCE BRAND EXAMPLES On the pages that follow are brand examples, meant to show some of the visual language that makes up the Kitsap Bank brand. Use these pieces as a starting point when creating new materials and designing for Kitsap Bank. VERTICAL LAYOUT 1 Photography of Northwest nature, family business owners, Kitsap Bank employees used throughout. 2 ITC Franklin Gothic, Condensed —used for headline, title case, centered. 3 Use white space to define space between image and logo/text. 4 Logo 5 Footer bar uses Kitsap Bank blue as an accent. 6 Reverse out location information for Kitsap Bank local offices inside footer bar. 7 ITC Franklin Gothic, Book —used for body copy, CTA. 8 FDIC, Equal Housing logos must appear in display ads. Use Kitsap Bank blue against white background and reverse out against dark. 9 ITC Franklin Gothic, Demi—title text used for sub -headline. /2 Kitsap ft Bank 4 Gi We Are Adopting New Customers Lorem ipsum dolor amet forage selfies taxidermy etsy tiger 3 wolf moon VHS banh mi synth roof party intelligentsia yuccie vegan fanny pack. Chillwave hell of food truck, VHS cloud is bread wolfjianbing twee woke. Fam poutine like single -origin coffee blog tilde meggings, fanny pack edison bulb. kitsapbank.com KITSAP BANK GRAPHIC STANDARDS GUIDE 1 12 Page 62 of 388 VERTICAL LAYOUT, USING CALLOUT 1 Photography of Northwest nature, family business owners, Kitsap Bank employees used throughout. 2 ITC Franklin Gothic, Condensed —used for headline, title case, centered. 3 Use white space to define area between image and around logo/text. 4 Logo 5 Tagline—"Financial Freedom for Families Since 1908"— uses ITC Franklin Gothic Book and is centered below the logo. 6 Footer bar uses Kitsap Bank blue as an accent. 7 ITC Franklin Gothic, Book —used for body copy, CTA. 8 FDIC, Equal Housing logos must appear in display ads. Use Kitsap Bank blue against white background and reverse out against dark. 9 Callout Graphic —flag shape can be stretched, but top curves match bottom curves. Fill using bright shade of primary or complementary color. 10 ITC Franklin Gothic, Demi—callout text uses title case. Back to Agenda F VLAI II LAI 1 FFF Yiiv �f J I 45701"Adopting New 3 remwolf i moon dolor ameth m forage selroof taxidermy etsytsia tiger 3 wolf moon VHS banh mi synth roof party intelligentsia yuccie Kitsap vegan fanny pack. Chillwave hell of food truck, VHS cloud is bread wolfjianbing twee woke. Fam poutine like single -origin Ba1� coffee blog tilde meggings, fanny pack edison bulb. Flnanclal Freedom for Families Since 1908 kitsapbank.com \ FDIC KITSAP BANK GRAPHIC STANDARDS GUIDE 1 13 Page 63 of 388 HORIZONTAL LAYOUT, USING CALLOUT 1 Photography of Northwest nature, family business owners, Kitsap Bank employees used throughout. 2 ITC Franklin Gothic, Condensed —used for headline, title case, centered (use Kitsap Bank blue if on white/light background). 3 ITC Franklin Gothic, Demi—callout text uses Title Case. 4 Callout Graphic —flag shape can be stretched. Fill using bright shade of primary or complementary color. 5 Footer bar uses Kitsap Bank blue as an accent. 6 ITC Franklin Gothic, Book —used for body copy, CTA. 7 Use white space to define area between image and around logo/text. 8 Logo 9 FDIC, Equal Housing logos must appear in display ads. Use Kitsap Bank blue against white background and reverse out against dark. Back to Agenda Our Family Business is Your Family Business Lorem ipsum dolor amet forage selfies poutine taxidermy etsy yuccie 3 wolf moon VHS banh mi * y. synth roof party intelligentsia wolf vegan fanny pack. Chillwave hell of food truck, VHS cloud is bread wolfjianbing twee woke. Fam poutine like f single -origin co fee blog tilde meggings, fanny pack etlison bulb. Unicorn humblebrag party on + swag lumbersexual chia waistcoat. Kitsap k i Bank KITSAP BANK GRAPHIC STANDARDS GUIDE 1 14 Page 64 of 388 VERTICAL LAYOUT, BLACK & WHITE 1 Photography of Northwest nature, family business owners, Kitsap Bank employees used throughout. 2 ITC Franklin Gothic, Condensed —used for headline, title case, centered. 3 Use white space to define space between image and logo/text. 4 Logo (Blue is 75% black, Gold is 40% black) 5 Footer bar uses 75% Black. 6 Reverse out location information for Kitsap Bank local offices inside footer bar. 7 ITC Franklin Gothic, Book —used for body copy, CTA. 8 FDIC, Equal Housing logos must appear in display ads. Use 75% black against white background and reverse out against dark. 9 ITC Franklin Gothic, Demi—title text used for sub -headline. 061 3 Kitsap k Bank 4 IN We Are Adopting New Customers Lorem ipsum dolor amet forage selfies taxidermy etsy tiger 3 wolf moon VHS banh mi synth roof party intelligentsia yuccie vegan fanny pack. Chillwave hell of food truck, VHS cloud is bread wolfjianbing twee woke. Fam poutine like single -origin coffee blog tilde meggings, fanny pack edison bulb. kitsapbank.com \ FDIC 8J KITSAP BANK GRAPHIC STANDARDS GUIDE 1 15 Page 65 of 388 PHOTO GUIDANCE PHOTOGRAPHY Photography is a great way to connect with our audience. Choose images that will help convey your message and reinforce our vision, mission and values. Refer to the best practices below when purchasing or commissioning new photography. BEST PRACTICES • Images of people should be diverse and feel natural, not staged. • Photos should be set in the Kitsap area or Pacific North- west (especially for nature shots). • Consider the final size that the photo will be displayed when choosing imagery —smaller photos should include less detail than larger ones. • When creating materials for our business audiences, use a balance of family business owner shots and, if appropriate, natural images that reinforce our commitment to the environ- ment. • Avoid using stock imagery. Shots including people should feel authentic and natural. Back to Agenda Page 66 of 388 MESSAGING STANDARDS MESSAGING Messaging standards are a fundamental feature of the Kitsap Bank platform and partner integration. Messaging consistency affects what people think about Kitsap Bank. The more consistent our messaging, the more consistent our branding — whether via words, design, offerings or perspective. By staying consistent, the Kitsap Bank brand will build awareness and develop trust and loyalty with customers. BEST PRACTICES 1 Tagline—"Financial Freedom for Families Since 1908"— uses ITC Franklin Gothic Book and is centered below the logo. 2 Phone numbers use periods between area code, prefix and line number. Never use parentheses or dashes. 3 The web address—"kitsapbank.com"—uses ITC Franklin Gothic, Demi and is always written without "www" (unless specified by the design team). Kitsap.ftBan Financial Freedom for Families Since 1908 C Back to Agenda Lorem ipsum dolor arr 3 wolf moon VHS banh vegan fanny pack. Chi bread wolf jianbing tw coffee blog tilde mega kitsapbank.com KITSAP BANK GRAPHIC STANDARDS GUIDE 1 17 Page 67 of 388 Back to Agenda KITSAP BANK PHOTOGRAPH RELEASE I, [print name], hereby grant to KITSAP BANK, and to its successors, assigns, and licensees (collectively "Kitsap Bank"), any and all right, title and interest in and to my image and photographic pictures of me taken on [insert date] (collectively referred to herein as "Images") for any lawful purpose, in any format and in all media (print, video, online and internet), without payment or other consideration to me. Kitsap Bank has the right to copyright, use and publish the Images for a variety of purposes, including but limited to publicity, promotional materials, marketing, advertising, public relations, illustration, online and Web content. I understand and agree that the Images may be used with or without my name. I hereby hold harmless, release and forever discharge Kitsap Bank, and each of the officers, directors, employees, contractors, affiliates, volunteers, agents, representatives and assigns, from any and all claims, demands, causes of action, obligations, liabilities and expenses, known or unknown, direct or indirect, relating in any manner to this Release and/or to the Images. I have read this Release before signing and I fully understand the content, meaning and impact of this Release. If the person photographed is under 18 years old, I certify that I am his or her parent or legal guardian and I give my consent and agreement to this Release. Date: [signature] Print Name: Address: Page 68 of 388 Request Received: _ Request Completed: _ Back t0 Agenda Event Date: Statement Message Request If you would like us to run a statement message for the event we are sponsoring, please fill out the form below. When completed, email form to marketing(a kitsapbank.com. Please note, statement messages are accommodated on a space available basis. Forms must be received by the 10t" of the month two months prior to your event. For instance, if your event is March 25t", we would need your statement message request no later than January 10tn 1. General Information Requester Info Name: Organization: Phone: Email: Event: Event Date: 2. Statement Message Exact Message (Limited to 75 words): Website: Phone Number: Comments: Thank you! Statement Message Example: Kitsap Mental Health Services Golf Classic — August 10 Tee off at Gold Mountain Golf Club and support Kitsap Mental Health Services. We invite you to support this worthy organization, while experiencing one of the premier golf complexes in the nation. To register, visit www.kitsapmentalhealth.org. Page 69 of 388 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 7A Continuation: Adoption of a Resolution Adopting the 2021-2031 Water Use Efficiency Goals Back to Agenda Meeting Date: September 14, 2021 Prepared by: Mark Dorsey, P.E. Atty Routing No.: Atty Review Date Public Works Director 366922.0013 — Water September 2, 2021 Summary: In 2003, the Washington State Legislature passed Engrossed Second Substitute House Bill 1338, better known as the Municipal Water Law, to address the increasing demand on the state's water resources. The law established that all municipal water suppliers must use water more efficiently in exchange for water right certainty and the flexibility to meet future demand. The legislature passed requirements in the Washington Administrative Code (WAC) 246-290 and directed the Department of Health to adopt a state-wide Water Use Efficiency (WUE) program, and set parameters for local jurisdictions to develop and implement their own WUE programs, consistent with the state's direction. Consistent with this law, the city sets a water use efficiency goal by resolution, and separately adopts performance metrics as a component of the City's Water System Plan to measure progress toward meeting the goal. In accordance with direction from DOH, the City must set WUE goals for a specific time -period. Based on staff analysis, staff is recommending a WUE goal of reducing the per capita water use by 0.5% annually over the next ten years. This resolution sets the recommended goal. By a separate action, the Council will be asked to adopt the updated Water System Plan, currently still in review by DOH (anticipated final sign -off from DOH later this year; review delayed due to DOH efforts focusing on COVID-19 response). That Water System Plan includes performance metrics and proposed methods for outreach and education to seek to meet the WUE goal established by this resolution. DOH recommends adoption of the WUE goal, followed by adoption of the Water System Plan. The motion on the floor is: MAIN MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to adopt Resolution No. 049-21, thereby updating the Water Use Efficiency Goals and Measures. Recommendation: Staff recommends adoption of the Resolution. Relationship to Comprehensive Plan: Chapter 7 — Utilities. Motion for consideration: N/A Fiscal Impact: None. Page 70 of 388 Back to Agenda Page 2 of 2 Alternatives: Do not adopt the Resolution, modify the Resolution, or provide alternative direction. Attachments: Resolution. Page 71 of 388 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPPROVING AND ADOPTING 2021 - 2031 WATER USE EFFICIENCY GOAL FOR THE CITY OF PORT ORCHARD'S DRINKING WATER SYSTEMS. WHEREAS, in 2003 the Washington State legislature passed House Bill 1338, known as the Municipal Water Law, to address increasing demands on our state's water resources by encouraging local agencies to utilize cost-effective measures to achieve water conservation objectives; and WHEREAS, the Washington State Department of Health was directed to oversee and enforce a Water Use Efficiency Program (WUE) to help support the goals of ensuring safe and reliable drinking water supplies; and WHEREAS, upon review of the most cost-effective measure to achieve water conservation, staff recommended focusing conservation efforts on residential water consumption, which constitutes most of the water usage in the City; and WHEREAS, in accordance with that recommendation, the City Council adopted Resolution 091-09 on September 22, 2009, establishing a goal of reducing the Single -Family Residential water consumption from 160 gallons per day to 155 gallons per day by 2014, which is a 0.5% annual reduction, and cost-effective measures to implement this goal were included in the City's 2009 Water System Plan at Section 3.4; and WHEREAS, in 2015 staff reevaluated the program and, upon staff recommendation the City Council adopted Ordinance 020-15 on November 11, 2015, establishing a tiered water rate structure to encourage and stimulate customers to use less water; and WHEREAS, staff is developing an updated Water System Plan, including provisions for updated WUE Program, and the updated Plan is currently being reviewed by the Washington State Department of Health and is set for adoption by the City Council in the late 2021 or early 2022; and WHEREAS, consistent with Washing State DOH direction, prior to adoption of the updated Water System Plan including the updated WUE Program elements, the City Council must update its Water Use Efficiency goals to set the target for the WUE Program to strive to achieve; and WHEREAS, a duly noticed public hearing on the City's proposed Water Use Efficiency Goals for 2021-2031 was held at the regular City Council meeting of July 7, 2021; and Page 72 of 388 Back to Agenda Resolu-.. .- Page 2 of 2 WHEREAS, the City Council has considered staff presentations, proposals and public comment and finds it is in the best interests of the residents of the City to adopt the City's Water Use Efficiency Goal set out herein for the City of Port Orchard for 2021 to 2031; 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 and adopts the Water Use Efficiency goal of reducing the per capita water use by 0.5% annually over the next ten years, for the period of January 1, 2021 to December 31, 2031. THAT: Staff are requested to prepare and submit to the Council the WUE Program performance metrics as a component of an update to the Water System Plan, consistent with state law and direction from the Washington State Department of Health. 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 City Clerk in authentication of such passage on this 14th day of September 2021. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 73 of 388 Back to Agenda rk ON Agenda Item No.: Subject: City 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 an Ordinance Approving a Meeting Date: Prepared by: Contract with the Washington State Public Works Board for the Pottery Atty Routing No.: Sewerage Lift Station Emergency Repair Atty Review Date Project September 14, 2021 Mark Dorsey, P.E. Public Works Director 366922.0014 — Sewer September 9, 2021 Summary: On June 22, 2021, the Port Orchard City Council adopted Resolution No. 044-21, declaring the existence of an emergency relating to necessary and emergent repairs of the Pottery Lift Station. On July 9, 2021, the City of Port Orchard was awarded $500K from the Washington State Public Works Board Emergency Funding Program for the Project, with the Award Letter issued on August 4, 2021. On July 20, 2021, the City of Port Orchard Public Works Department received a Proposal for the Pottery Lift Station Emergency Repairs from the Stellar J Corporation and on July 22, 2021, the Mayor executed Contract No. C067-21 with the Stellar J Corporation. On August 10, 2021, the Port Orchard City Council adopted Resolution No. 056-21, ratifying the Mayor's signature. On, September 1, 2021, the City received Contract No. PE22-96103-000 from the Washington State Public Works Board with a summary of the terms and conditions as follows; Loan Amount: $500,000 Term 20 Years Interest Rate 0.94% Loan Reimbursement Start Date 6/22/2021 Time of Performance 12-months Unused Loan Amount Penalty None Recommendation: Staff recommends that the City Council adopt Ordinance No. 037-21, thereby approving and authorizing the Mayor to execute Contract No. C085-21 (PWB Contract No. PE22-96103- 000) with the Washington State Public Works Board for the Pottery Sewerage Lift Station Emergency Repair Project in the loan amount of $500,000. Relationship to Comprehensive Plan: Chapter 7 — Utilities. Motion for Consideration: I move to adopt Ordinance No. 037-21, approving and authorizing the Mayor to execute Contract No. C085-21 with the Washington State Public Works Board for the Pottery Sewerage Lift Station Emergency Repair Project in the loan amount of $500,000. Fiscal Impact: Debt service for PWB Emergency Loan. Page 74 of 388 Back to Agenda Page 2 of 2 Alternative: Refuse Loan. Attachment: Ordinance No. 037-21, PWB Contract No. PE22-96103-000, PWB Award Letter (dated 8/4/2021), and ER Memo (dated 9/2/2021). Page 75 of 388 Back to Agenda ORDINANCE NO. 037-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE TERMS AND CONDITIONS FOR CONTRACT NO. C085-21 WITH THE WASHINGTON STATE PUBLIC WORKS BOARD FOR AN EMERGENCY LOAN FOR THE POTTERY SEWERAGE LIFT STATION EMERGENCY REPAIR PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, on June 22, 2021, the City of Port Orchard City Council adopted Resolution No. 044-21, formally declaring the existence of an emergency related to the repair of the Pottery Sewerage Lit Station; and WHEREAS, on July 9, 2021, the City of Port Orchard Public Works Department was notified by Washington State Department of Commerce that the City was successful in obtaining a $500K Loan through the Public Works Board Emergency Fund; and WHEREAS, on, September 1, 2021, the City received Contract No. PE22-96103-000 from the Washington State Public Works Board for the loan; and WHEREAS, the City Council has determined it to be in the best interest of the City to enter into Contract No. C085-21 with the Public Works Board for the Pottery Sewerage Lift Station Emergency Repair Project; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby approves of and authorizes the Mayor to execute Contract No. C085-21 with the Washington State Public Works Board for the Pottery Sewerage Lift Station Emergency Repair Project, inclusive of the terms and conditions of Public Works Board Emergency Loan Contract No. PE22-96103-000. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. Page 76 of 388 Back to Agenda Ordinancc. Page 2 of 2 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 14t" day of September 2021. ATTEST: Robert Putaansuu, Mayor SPONSOR: Brandy Rinearson, MMC, City Clerk Cindy Lucarelli, Councilmember APPROVED AS TO FORM: Charlotte Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Page 77 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 CONTRACT FACE SHEET Back to Agenda Contract Number: PE22-96103-000 PUBLIC WORKS BOARD EMERGENCY LOAN CONTRACT 1. Contractor 2. Contractor Doing Business As (optional) City of Port Orchard N/A 214 Prospect St Port Orchard, WA 98366 3. Contractor Representative 4. Public Works Board Representative N/A N/A 5. Contract Amount 6. Funding Source 7. Contract Start 8. Contract End Date Date $500,000.00 Federal: ❑ State: 0 Other: ❑ Contract Execution June 1, 2041 N/A: ❑ Date 9. Federal Funds (as applicable) Federal Agency CFDA Number N/A N/A N/A 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # N/A 00265665-00 182-000-005 14. Contract Purpose Fund a project of a local government for the planning, acquisition, construction, repair, reconstruction, replacement, rehabilitation, or improvement of streets, roads, bridges, drinking water systems, stormwater systems, sanitary sewage systems, or solid waste facilities, including recycling facilities. The Board, defined as the Washington State Public Works Board and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year last written below. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contract Terms and Conditions including Declarations Page, and Attachment I: Attorney's Certification. FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD Kathryn A. Gardow, Public Works Board Chair Signature Print Name Date APPROVED AS TO FORM ONLY October 22, 2018 Title Date Signature on file Sandra Adix Assistant Attorney General Page 78 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda Page 72 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda CLIENT INFORMATION Legal Name: Loan Number: PROJECT INFORMATION Project Title: Project City: Project State: Project Zip Code: LOAN INFORMATION Loan Amount: Total Estimated Cost: Loan Term: Interest Rate: Payment Month: Loan Reimbursement Start Date: Time of Performance DECLARATIONS City of Port Orchard PE22-96103-000 Pottery Lift Station Repairs Port Orchard Washington 98366 $500,000.00 $500,000.00 20 0.94% June 1s' 6/22/2021 12 months from Execution Date of this Contract to Project Completion. SPECIAL TERMS AND CONDITIONS GOVERNING THIS LOAN AGREEMENT N/A LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT Revenue Obligation: This loan is a revenue obligation of the CONTRACTOR payable solely from the net revenue of the Sanitary Sewer (Wastewater) system. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The BOARD grants the CONTRACTOR the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. SCOPE OF WORK Repairs associated with the Pottery Lift Station. Construction includes 100% piping replacement and wet well lining with air dispersion systems for both the Pottery Lift Station and the Sedgwick Lift Station, which has been found to be the major contributor to the high concentrations of hydrogen sulfide gas. The project costs may include but are not limited to: engineering, cultural and historical resources, environmental documentation, review, permits, public involvement, bid documents and construction. The project needs to meet all applicable Local, State, and/or Federal standards. Page 9 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda Page 81 of 388 DocuSign Envelope ID: 24540B55-3AO2-4823-A3E7-445F998761 10 Back to Agenda TABLE OF CONTENTS CONTRACT TERMS AND CONDITIONS................................................................................. 1 Part 1. SPECIAL TERMS AND CONDITIONS........................................................................ 1 1.1 Definitions.............................................................................................................................1 1.2 Authority................................................................................................................................1 1.3 Purpose.................................................................................................................................1 1.4 Order of Precedence............................................................................................................1 1.5 Competitive Bidding Requirements...................................................................................2 1.6 Default in Repayment...........................................................................................................2 1.7 Sub -Contractor Data Collection..........................................................................................2 1.8 Eligible Project Costs...........................................................................................................2 1.9 Historical and Cultural Resources......................................................................................2 1.10 Project Completion Amendment and Certified Project Completion Report...................3 1.11 Rate and Term of Loan.........................................................................................................4 1.12 Recapture..............................................................................................................................4 1.13 Reimbursement Procedures and Payment........................................................................4 1.14 Repayment............................................................................................................................5 1.15 Reports..................................................................................................................................5 1.16 Termination for Cause.........................................................................................................5 1.17 Termination for Convenience..............................................................................................6 1.18 Time of Performance ............................................................................................................6 1.19 Contract Suspension...........................................................................................................6 1.20 Special Conditions...............................................................................................................6 1.21 Loan Security........................................................................................................................6 Part 2. GENERAL TERMS AND CONDITIONS...................................................................... 7 2.1 DEFINITIONS....................................................................................................................... 2.2 ALLOWABLE COSTS......................................................................................................... 2.3 ALL WRITINGS CONTAINED HEREIN.............................................................................. 2.4 AMENDMENTS.................................................................................................................... 2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35.................................................................................. 2.6 APPROVAL.......................................................................................................................... 2.7 ASSIGNMENT...................................................................................................................... 2.8 ATTORNEYS' FEES............................................................................................................ 2.9 AUDIT................................................................................................................................... 2.10 CODE REQUIREMENTS.................................................................................................... 2.11 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION ............................................. 2.12 CONFORMANCE................................................................................................................ 2.13 COPYRIGHT PROVISIONS................................................................................................ 2.14 DISALLOWED COSTS....................................................................................................... 2.15 DISPUTES........................................................................................................................... 2.16 DUPLICATE PAYMENT..................................................................................................... 2.17 ETHICS/CONFLICTS OF INTEREST................................................................................. 2.18 GOVERNING LAW AND VENUE....................................................................................... 2.19 INDEMNIFICATION............................................................................................................ 2.20 INDEPENDENT CAPACITY OF THE CONTRACTOR...................................................... 2.21 INDUSTRIAL INSURANCE COVERAGE........................................................................... 2.22 LAWS.................................................................................................................................. 2.23 LICENSING, ACCREDITATION AND REGISTRATION.................................................... 2.24 LIMITATION OF AUTHORITY............................................................................................ 2.25 LOCAL PUBLIC TRANSPORTATION COORDINATION.................................................. 7 7 7 7 ..7 ..7 ..8 ..8 ..8 ..9 ..9 ..9 ..9 10 10 10 10 11 11 11 11 11 12 12 12 Page 82 of 388 DocuSign Envelope ID: 24540B55-3AO2-4823-A3E7-445F99876110 Back to Agenda 2.26 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ............................................... 12 2.27 PAY EQUITY....................................................................................................................... 12 2.28 POLITICAL ACTIVITIES..................................................................................................... 13 2.29 PREVAILING WAGE LAW................................................................................................. 13 2.30 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION .............................. 13 2.31 PUBLICITY..........................................................................................................................13 2.32 RECAPTURE...................................................................................................................... 13 2.33 RECORDS MAINTENANCE............................................................................................... 14 2.34 REGISTRATION WITH DEPARTMENT OF REVENUE .................................................... 14 2.35 RIGHT OF INSPECTION.................................................................................................... 14 2.36 SAVINGS............................................................................................................................ 14 2.37 SEVERABILITY.................................................................................................................. 14 2.38 SUBCONTRACTING.......................................................................................................... 14 2.39 SURVIVAL.......................................................................................................................... 15 2.40 TAXES.................................................................................................................................15 2.41 TERMINATION FOR CAUSE / SUSPENSION................................................................... 15 2.42 TERMINATION FOR CONVENIENCE............................................................................... 15 2.43 TERMINATION PROCEDURES......................................................................................... 15 2.44 WAIVER.............................................................................................................................. 16 ATTACHMENT I: ATTORNEY'S CERTIFICATION................................................................ 18 Page 83 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda CONTRACT TERMS AND CONDITIONS PUBLIC WORKS BOARD EMERGENCY LOAN PROGRAM Part 1. SPECIAL TERMS AND CONDITIONS 1.1 Definitions As used throughout this Emergency Loan Contract the following terms shall have the meaning set forth below: A. "Contract' shall mean this Emergency Loan Contract. B. "Contractor" shall mean the local government identified on the Contract Face Sheet performing service(s) under this Contract and who is a Party to the Contract, and shall include all employees and agents of the Contractor. C. "The Board" shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW) 43.155.030, and who is a Party to the Contract. D. "Declarations " and "Declared" shall refer to the project information, loan terms and conditions as stated on the Declarations Page of this Loan Contract, displayed within the contract in THIS STYLE for easier identification. 1.2 Authority Acting under the authority of Chapter 43.155 RCW, the Board has awarded the Contractor a Public Works Board emergency loan for an approved public works project. 1.3 Purpose The Board and the Contractor have entered into this Contract to undertake a local public works project that furthers the goals and objectives of the Washington State Public Works Program. The project will be undertaken by the Contractor and will include the activities described in the SCOPE OF WORK shown on the Declarations page. The project must be undertaken in accordance with the loan terms and conditions, and all applicable federal, state and local laws and ordinances, which by this reference are incorporated into this Contract as though set forth fully herein. 1.4 Order of Precedence In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and state of Washington statutes and regulations. B. Special Terms and Conditions including attachments. C. General Terms and Conditions. 1 Page 84 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda 1.5 Competitive Biddinq Requirements The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Program. 1.6 Default in Repayment Loan repayments shall be made on the loan in accordance with Section 1.18 of this Contract. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a monthly penalty beginning on the first (1st) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be one percent (1 %) per month or twelve percent (12%) per annum. The same penalty terms shall apply at project completion if the repayment of loan funds in excess of eligible costs are not repaid at the time the Project Completion Amendment is submitted, as provided for in Section 1.13. The Contractor acknowledges and agrees to the Board's right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the Contractor of such delinquency. The Contractor shall be responsible for all legal fees incurred by the Board in any action undertaken to enforce its rights under this section. 1.7 Sub -Contractor Data Collection Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by sub -contractors and the portion of the Contract funds expended for work performed by sub -contractors, including but not necessarily limited to minority -owned, women -owned, and veteran -owned business sub -contractors. "Sub -Contractors" shall mean sub -contractors of any tier. 1.8 Eligible Project Costs The Eligible project costs must consist of expenditures eligible under Washington Administrative Code (WAC) 399-30-030 and be related only to project activities described in declared SCOPE OF WORK. Eligible costs for reimbursement shall be construed to mean expenditures incurred and paid, or incurred and payable within thirty (30) days of the reimbursement request. Only costs that have been incurred on or after LOAN REIMBURSEMENT START DATE shown in the Declarations are eligible for reimbursement under this Contract. The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for projects assisted with Public Works Board loans. These terms supersede the terms in Section 2.2. Allowable Costs. 1.9 Historical and Cultural Resources Prior to commencing construction, Contractor shall complete the requirements of Governor's Executive Order 05-05, or, as an alternative to completion of Governor's Executive Order 05-05, Contractor shall complete Section 106 of the National Historic Preservation Act, as applicable. Contractor agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless the Board and the State of Washington in relation to any claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of the project funded by this Contract. 2 Page 85 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor's Executive Order 05-05, coordinate with the Washington State Department of Archaeology and Historic Preservation (DAHP), including any recommended consultation with any affected tribe(s), during project design and prior to construction to determine the existence of any tribal cultural resources affected by the proposed project funded by this Contract. Contractor agrees to avoid, minimize, or mitigate impacts to cultural resources as a continuing pre -requisite to receipt of funds under this Contract. The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural resources are discovered during construction, the Contractor shall immediately stop work and notify the local historical preservation officer and the state's historic preservation officer at DAHP. If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The Contractor shall require this provision to be contained in all sub -contracts for work or services related to the declared SCOPE OF WORK. In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44.040 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, WAC 25-48 regarding Archaeological Excavation and Removal Permits. Completion of the Section 106 of the National Historic Preservation Act shall substitute for completion of Governor's Executive Order 05-05. In the event that the Contractor finds it necessary to amend SCOPE OF WORK, the Contractor may be required to re -comply with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act. 1.10 Project Completion Amendment and Certified Project Completion Report The Contractor shall complete a Certified Project Completion Report when all activities identified in the SCOPE OF WORK are complete. The Board will supply the Contractor with the Certified Project Completion Report form, which shall include: A. A certified statement that the project, as described in the declared SCOPE OF WORK, is complete and, if applicable, meets required standards. B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the project as described in the SCOPE OF WORK. C. Certification that all costs associated with the project have been incurred and have been accounted for. Costs are incurred when goods and services are received and/or contract work is performed. D. A final voucher for the remaining eligible funds. The Contractor will submit the Certified Project Completion Report together with the last Invoice Voucher for a sum not to exceed the balance of the loan amount. The final Invoice Voucher payment shall not occur prior to the completion of all project activities identified in the SCOPE OF WORK and the Board's receipt and acceptance of the Certified Project Completion Report. The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount, local share, term, and interest rate. Page J of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda 1.11 Rate and Term of Loan The Board shall loan the Contractor a sum not to exceed the LOAN AMOUNT shown on the Contract Face Sheet and declared on the Contract Declarations Page. The interest rate shall be the declared INTEREST RATE per annum on the outstanding principal balance. The length of the loan shall not exceed the declared LOAN TERM in years, with the final payment due by the CONTRACT END DATE as shown on the Contract Face Sheet. 1.12 Recapture The right of recapture Section 2.32. Recapture, shall exist for a period not to exceed six (6) years following contract termination. In the event that the Board is required to institute legal proceedings to enforce the recapture provision, the Board shall be entitled to its costs thereof, including attorney's fees. 1.13 Reimbursement Procedures and Payment If funding or appropriation is not available at the time, the invoice is submitted, or when this contract is executed, the issuance of warrants will be delayed or suspended until such time as funds or appropriations become available. Therefore, subject to the availability of funds, warrants shall be issued to the Contractor for reimbursement of allowable expenses incurred by the Contractor while undertaking and administering approved project activities in accordance with the declared SCOPE OF WORK. The Board shall reimburse the Contractor for eligible project expenditures up to the maximum loan amount under this contract, as identified in Section 1.10. When requesting reimbursement for costs incurred, the Contractor shall submit a signed and completed Invoice Voucher (Form A19), referencing the SCOPE OF WORT( project activity performed, and any appropriate documentation such as bills, invoices, and receipts. The Invoice Voucher must be certified by an official of the Contractor with authority to bind the Contractor. Requests for reimbursements for costs related to construction activities will not be accepted until the Contractor provides: • Proof of compliance with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act, as described in Section 1.9, and • Signed Public Works Board Notice of Contract Award and Notice to Proceed, which follows the formal award of a construction contract. The Contractor shall submit all Invoice Vouchers and all required documentation to: Public Works Board Attn: (Project Manager) PO Box 42525 Olympia, WA 98504-2525 The Board will pay the Contractor upon acceptance of the work performed and receipt of properly completed invoices. Invoices shall be submitted to the Board not more often than monthly. Payment shall be considered timely if made by the Board within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. The Board may, at its sole discretion, terminate the contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. 4 Page 87 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the Board. Duplication of Billed Costs. If the Contractor is entitled to payment or has been or will be paid by another source for an eligible project cost, then the Contractor shall not be reimbursed by the Board for that cost. Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. In no event shall the total Public Works loan exceed 100% of the eligible actual project costs. At the time of project completion, the Contractor shall submit to the Board a Project Completion Amendment certifying the total actual project costs and local share. The final Public Works loan disbursement shall bring the total loan to the lesser of 100% of the eligible project costs or the total declared LOAN AMOUNT. The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount, local share, and interest rate. In the event that the final costs identified in the Project Completion Amendment indicate that the Contractor has received Public Works Board monies in excess of 100.00% of eligible costs, all funds in excess of 100.00% shall be repaid to the Public Works Board by payment to the Department of Commerce, or its successor, together with the submission of the Project Completion Amendment. 1.14 Repayment Loan repayment installments are due on the day and month identified under the term: PAYMENT MONTH on the Declarations Page. Payments are due each year during the term of the loan beginning one year from the date of contract execution. Interest only will be charged for this payment if a warrant is issued prior to this date. All subsequent payments shall consist of principal and accrued interest due on the specified PAYMENT MONTH date of each year during the remaining term of the loan. Repayment of the loan under this Contract shall include the declared INTEREST RATE per annum based on a three hundred and sixty (360) day year of twelve (12) thirty (30) day months. Interest will begin to accrue from the date each warrant is issued to the Contractor. The final payment shall be on or before the CONTRACT END DATE shown on the Declarations page, of an amount sufficient to bring the loan balance to zero. The Contractor will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Washington State Department of Commerce, or its successor. 1.15 Reports The Contractor shall furnish the Board with: A. Project Status Reports with each Invoice Voucher; B. Project Quarterly Reports (if no funds have been reimbursed in the quarter) and/or Quarterly Expenditures Report; C. Certified Project Completion Report at project completion (as described in Section 1.13); and D. Other reports as the Board may require. 1.16 Termination for Cause If the Contractor fails to comply with the terms of this Contract, or fails to use the loan proceeds only for those activities identified in the SCOPE OF WORK, the Board may terminate the Contract in whole or in part Page 88 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda at any time. The Board shall notify the Contractor in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Nothing in this section shall affect the Contractor's obligation to repay the unpaid balance of the loan. These terms supersede the terms in Section 2.41 Termination for Cause/Suspension. 1.17 Termination for Convenience The Board may terminate this contract in the event that state funds are no longer available to the Board, or are not appropriated for the purpose of meeting the Board's obligations under this contract. Termination will be effective when the Board sends written notice of termination to the Contractor. Nothing in this section shall affect the Contractor's obligation to repay the unpaid balance of the loan. These terms supersede the terms in Section 2.42 Termination for Convenience. 1.18 Time of Performance No later than twelve (12) months after the date of contract execution, the Contractor must reach project completion. Failure to meet Time of Performance shall constitute default of this contract. In the event of extenuating circumstances, the Contractor may request, in writing, that the Board extend the deadline for project completion. The Board may extend the deadline. The term of this contract shall be for the entire term of the loan, regardless of actual project completion, unless terminated sooner as provided herein. 1.19 Contract Suspension In the event that the Washington State Legislature fails to pass and the Governor does not authorize a Capital Budget by June 30 of each biennium, the Washington State Constitution Article 8 and RCW 43.88.130 and RCW 43.88.290 prohibit expenditures or commitments of state funds in the absence of appropriation. In such event, all work will be suspended effective July 1. The Contractor shall immediately suspend work and take all reasonable steps necessary to minimize the cost of performance directly attributable to such suspension until the suspension is cancelled. THE BOARD shall notify the Contractor immediately upon lifting of the contract suspension. 1.20 Special Conditions If SPECIAL CONDITIONS are listed on, the Contract Declarations Page then these conditions are herein incorporated as part of the terms and requirements of this contract. 1.21 Loan Security Loan Security payments shall be made as stated on the attached Declarations Page, and identified therein as LOAN SECURITY. Page A of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda Part 2. GENERAL TERMS AND CONDITIONS 2.1 DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Public Works Board Chair and/or the designee authorized in writing to act on the Chair's behalf. B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. C. "BOARD" shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW) 43.155.030, and which is a Party to the Contract D. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State" shall mean the state of Washington. F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2.2 ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 2.3 ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 2.4 AMENDMENTS This Contract 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. 2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 The Contractor 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. 2.6 APPROVAL This contract shall be subject to the written approval of the Board's Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. 7 Page 90 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda 2.7 ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Board. 2.8 ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorney's fees and costs. 2.9 AUDIT A. General Requirements Contractors are to procure audit services based on the following guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. The Board reserves the right to recover from the Contractor all disallowed costs resulting from the audit. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to the Board's requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. State Funds Reauirements In the event an audit is required, if the Contractor is a local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor. The Contractor shall include the above audit requirements in any subcontracts. In any case, the Contractor's financial records must be available for review by the Board. C. Documentation Requirements The Contractor must send a copy of any required audit no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Department of Commerce ATTN: Audit Review and Resolution Office PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable, the Contractor must include: • Corrective action plan for audit findings within three (3) months of the audit being received by the Board. • Copy of the Management Letter. If the Contractor is required to obtain a Single Audit in accordance with 2 CFR Part 200, a copy must be provided to Commerce; no other report is required. 8 Page 91 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda 2.10 CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier -free codes. Compliance with the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building Department. 2.11 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Contractor by the Board that is designated as "confidential" by the Board; 2. All material produced by the Contractor that is designated as "confidential" by the Board; and 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of the Board or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide the Board with its policies and procedures on confidentiality. The Board may require changes to such policies and procedures as they apply to this Contract whenever the Board reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the Board. Upon request, the Contractor shall immediately return to the Board any Confidential Information that the Board reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 2.12 CONFORMANCE If any provision of this contract 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. 2.13 COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. Page 9? of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the Board. The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials furnished under this Contract, 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 Contract. The Contractor shall provide the Board with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. The Board shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 2.14 DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 2.15 DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Chair of the Board, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and • be mailed to the Chair and the other party's (respondent's) Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Chair or the Chair's designee and the requestor within five (5) working days. The Chair or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Chair or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 2.16 DUPLICATE PAYMENT The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 2.17 ETHICS/CONFLICTS OF INTEREST In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest. 10 Page 93 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda 2.18 GOVERNING LAW AND VENUE This Contract 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. 2.19 INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, the Board, 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 Contractor's performance or failure to perform the Contract. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, the Board, the state of Washington, its officers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 2.20 INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or the Board. The Contractor will not hold itself out as or claim to be an officer or employee of the Board or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 2.21 INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the Board may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 2.22 LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended including, but not limited to: Washington State Laws and Regulations A. Affirmative Action, RCW 41.06.020 (11). B. Boards of Directors or Officers of Non-profit Corporations — Liability - Limitations, RCW 4.24.264. C. Disclosure -Campaign Finances -Lobbying, Chapter 42.17 RCW. D. Discrimination -Human Rights Commission, Chapter 49.60 RCW. E. Ethics in Public Service, Chapter 42.52 RCW. F. Housing Assistance Program, Chapter 43.185 RCW. 11 Page 94 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda G. Interlocal Cooperation Act, Chapter 39.34 RCW. H. Noise Control, Chapter 70.107 RCW. I. Office of Minority and Women's Business Enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. J. Open Public Meetings Act, Chapter 42.30 RCW. K. Prevailing Wages on Public Works, Chapter 39.12 RCW. L. Public Records Act, Chapter 42.56 RCW. M. Relocation Assistance - Real Property Acquisition Policy, Chapter 8.26 RCW. N. Shoreline Management Act of 1971, Chapter 90.58 RCW. O. State Budgeting, Accounting, and Reporting System, Chapter 43.88 RCW. P. State Building Code, Chapter 19.27 RCW and Energy -related building standards, Chapter 19.27A RCW, and Provisions in buildings for aged and handicapped persons, Chapter 70.92 RCW. Q. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and Environmental Assistance Program, Washington State Department of Ecology. R. State Environmental Policy, Chapter 43.21 C RCW. S. State Executive Order 05-05 Archeological and Cultural Resources. 2.23 LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 2.24 LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 2.25 LOCAL PUBLIC TRANSPORTATION COORDINATION Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. 2.26 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's, non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Board. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 2.27 PAY EQUITY The Contractor agrees to ensure that "similarly employed" individuals in its workforce are compensated as equals, consistent with the following: A. Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar 12 Page 95 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda working conditions. Job titles alone are not determinative of whether employees are similarly employed; B. Contractor may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: 1. A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job -related factor or factors; or a bona fide regional difference in compensation levels. 2. A bona fide job -related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender -based differential; and accounts for the entire differential. 3. A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender -based differential, and account for the entire differential. This Contract may be terminated by the BOARD, if the Department of Commerce or the Department of Enterprise Services determines that the Contractor is not in compliance with this provision. 2.28 POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 2.29 PREVAILING WAGE LAW The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the Board's review upon request. 2.30 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 2.31 PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or the Board's name is mentioned, or language used from which the connection with the state of Washington's or the Board's name may reasonably be inferred or implied, without the prior written consent of the Board. 2.32 RECAPTURE In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the provisions of this contract, the Board reserves the right to recapture funds in an amount to compensate the Board for the noncompliance in addition to any other remedies available at law or in equity. 13 Page 96 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by the Board. In the alternative, the Board may recapture such funds from payments due under this contract. 2.33 RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. 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. 2.34 REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 2.35 RIGHT OF INSPECTION At no additional cost, all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by the Board, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 2.36 SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, the Board may terminate the Contract under the "Termination for Convenience" clause, without the ten -business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 2.37 SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contract are declared to be severable. 2.38 SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of the Board. If the Board approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the Board in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal 14 Page 97 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to the Board for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that the Board and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 2.39 SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 2.40 TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 2.41 TERMINATION FOR CAUSE / SUSPENSION In event the Board determines that the Contractor failed to comply with any term or condition of this Contract, the Board may terminate the Contract in whole or in part upon written notice to the Contractor. Such termination shall be deemed "for cause." Termination shall take effect on the date specified in the notice. In the alternative, the Board upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance. During the corrective -action time period, the Board may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow the Board to terminate the Contract upon written notice to the Contractor. "Termination for Cause" shall be deemed a "Termination for Convenience" when the Board determines that the Contractor did not fail to comply with the terms of the Contract or when the Board determines the failure was not caused by the Contractor's actions or negligence. If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original contract and the replacement contract, as well as all costs associated with entering into the replacement contract (i.e., competitive bidding, mailing, advertising, and staff time). 2.42 TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract the Board may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 2.43 TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by the Board, the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract; C. Assign to the State all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Board has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of the Board; and 15 Page 98 of 388 DocuSign Envelope ID: 24540B55-3A02-4823-A3E7-445F99876110 Back to Agenda D. Preserve and transfer any materials, contract deliverables and/or the Board property in the Contractor's possession as directed by the Board. Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. The Board may withhold any amount due as the Board reasonably determines is necessary to protect the Board against potential loss or liability resulting from the termination. The Board shall pay any withheld amount to the Contractor if the Board later determines that loss or liability will not occur. The rights and remedies of the Board under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. 2.44 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 Contract unless stated to be such in writing and signed by Authorized Representative of the Board. 16 Page 99 of 388 DocuSign Envelope ID: 24540B55-3AO2-4823-A3E7-445F998761 10 Back to Agenda ATTACHMENT I: ATTORNEY'S CERTIFICATION PUBLIC WORKS BOARD EMERGENCY LOAN PROGRAM City of Port Orchard PE22-96103-000 I, Charlotte Archer, hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the City of Port Orchard (the Contractor); and I have also examined any and all documents and records, which are pertinent to the Contract, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. The Contractor is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The Contractor is empowered to accept the Public Works Board financial assistance and to provide for repayment of the loan as set forth in the Contract. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above -described public facilities project or to enjoin the Contractor from repaying the loan extended by the Public Works Board with respect to such project. The Contractor is not a party to litigation, which will materially affect its ability to repay such loan on the terms contained in the Contract. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the Contractor. Signature of Attorney Date Charlotte Archer, Inslee Best Doezie & Ryder P.S. Skyline Tower, NE 4th St Unit 1500, Bellevue, WA 98004 17 Page 1 00of 388 Back to Agenda Certificate Of Completion Envelope Id: 24540B553A024823A3E7445F99876110 Subject: Please DocuSign: City_of_Port_Orchard_PE22-96103-000_Contract.DOC Division: Local Government Program: Public Works Board ContractNumber: PE22-96103-000 Source Envelope: Document Pages: 23 Signatures: 0 Certificate Pages: 5 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 9/1/2021 12:25:17 PM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Robert Putaansuu rputaansuu@cityofportorchard.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Charlotte Archer carcher@insleebest.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kathryn A Gardow pwbgardowk@gmail.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 8/11/2021 4:25:47 PM ID:78a71ce4-fd95-4f66-89e4-6bd8c25b2992 In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Holder: Jason Freeze jason.freeze@commerce.wa.gov Pool: StateLocal Pool: Washington State Department of Commerce Signature Signature Status Status Status Status Status: Sent Envelope Originator: Jason Freeze 1011 Plum Street SE MS 42525 Olympia, WA 98504-2525 jason.freeze@commerce.wa.gov IP Address: 147.55.134.20 Location: DocuSign Location: DocuSign Timestamp Sent: 9/1/2021 2:22:29 PM Timestamp Timestamp Timestamp Timestamp Timestamp Page 101 of 388 Certified Delivery Events Status Jacki Brown VIEW � jbrown@cityofportorchard.us Security Level: Email, Account Authentication (None) Using IP Address: 152.44.129.230 Electronic Record and Signature Disclosure: Accepted: 9/1/2021 2:22:29 PM ID:4a2724b3-5f19-4bb2-86c1-b149354569a2 Carbon Copy Events Status Witness Events Signature Notary Events Signature Envelope Summary Events Status Envelope Sent Hashed/Encrypted Payment Events Status Electronic Record and Signature Disclosure Timestamp Back to Agenda Sent: 9/1/2021 12:31:33 PM Viewed: 9/1/2021 2:22:29 PM Timestamp Timestamp Timestamp Timestamps 9/1/2021 12:31:33 PM Timestamps Page 102 of 388 Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM Parties agreed to: Kathryn A Gardow, Jacki Brown Back to Agenda ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.15 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Page 103 of 388 Back to Agenda Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Washington State Department of Commerce: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: docusign@commerce.wa.gov To advise Washington State Department of Commerce of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at docusign@commerce.wa.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Washington State Department of Commerce To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Washington State Department of Commerce To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: Page 104 of 388 Back to Agenda i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: hops://support.docusi n�guides/signer--uide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce. Page 105 of 388 Washington State Public Works Board Post Office Box 42525 Olympia, Washington 98504-2525 August 4, 2021 Jacki Brown, Utility Manager City of Port Orchard 214 Prospect St. Port Orchard, WA 98366 Dear Ms. Brown, Back to Agenda Thank you for submitting a Public Works Board (PWB) Emergency Loan application for consideration by the Public Works Board (Board). Congratulations, your Pottery Lift Station Repairs project has been awarded $500,000. The Board approved your emergency application at their July 9, 2021 board meeting. Any eligible costs incurred from the Emergency Resolution 044-21adopted on June 22, 2021 and forward are reimbursable with the Emergency loan fund. Our office just completed the underwriting for this project and the loan interest rate is 0.94% with a loan term of 20 years The Executive Order 21-02 review has been started. We will request the tribal consultation review to received comments rapidly, due to the emergency. Once again, thank you for applying to the Public Works Board. Please feel free to contact me if you have any questions. I have new staff starting later this month, and you will be assigned a project manager on this contract and I will introduce you via email. Sincerely, Connie Rivera PWB Program Director CC' Application File Administrative services provided by the Department of Commerce (360) 725-2744 Faxp( ,0i w0 www.pwb.wa.gov CITY OF PORT ORCHARD Back to Agenda Public Works Director 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4991 • Fax: (36o) 876-4980 mdorsey@cityofportorchard.us www.cityofportorchard.us MEMORANDUM TO: File FROM: Mark R. Dorsey, P.E. - Public Works Director/City Engineer DATE: September 2, 2021 RE: Pottery Sewerage Lift Station - Emergency Declaration Resolution Procurement Memorandum On June 22, 2021, the Port Orchard City Council adopted Resolution No. 044-21, formally declaring the existence of an emergency relating to the repair of the Pottery Sewerage Lift Station (see attached.) Subsequent steps taken as follows: 6/23/2021 City DPW called RV Associates, Inc. seeking interest in the Project 6/23/2021 City DPW contacted ACI, seeking interest in the Project 6/28/2021 City DPW contacted ACI again 6/29/2021 City DPW called Stellar J, seeking interest in the Project 7/2/2021 City DPW met on Zoom with Stellar J to discuss Project Scope 7/9/2021 $500K PWB Emergency Funding Award 7/20/2021 City DPW receives Proposal from Stellar J 7/22/2021 Mayor executes Contract No. C067-21 with Stellar J 7/26/2021 Contract No. C067-021 Fully Executed 7/26/2021 Repair work to commence 8/10/2021 City Council ratifies Mayor's execution of Contract No. C067-21 9/1 /2021 City receives Contract No. PE22-96103-000 from the DOC 9/14/2021 Acceptance of the $500K from PWB to Council U:\Staff Reports GS50-05A-13\2021 \20210914\7B 05 ER_Memo.doc Page 107 of 388 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 7C Adoption of an Ordinance Accepting the Department of Ecology's Requested Revisions to Port Orchard 2021 Shoreline Master Program Meeting Date Prepared by Atty Routing No. Atty Review Date Back to Agenda September 14, 2021 Nick Bond, AICP DCD Director N/A N/A Summary: The City Council adopted the state -required 8-year periodic update to its Shoreline Master Program (SMP) on March 9, 2021 (Ord. No. 012-21). The locally -adopted SMP was transmitted to the Department of Ecology for review and certification on March 12, 2021. On June 21, 2021, the City received Ecology's conditional approval of the SMP, subject to a number of revisions for consistency with the state Shoreline Management Act (SMA) and SMP Guidelines. These were primarily minor revisions intended to ensure consistency between the City's SMP and state critical areas requirements, clarify definitions, update references to state law, and to expand on required variance criteria. DCD concurred with all of Ecology's recommended revisions except one, as discussed below. Recommended Change 10 (see final page in Exhibit 1 of the Ordinance - Attachment 2) was the subject of further discussion between Ecology and DCD. Ecology requested that no parking for non -water -dependent uses be allowed in established shoreline buffers within the 200-foot shoreline jurisdiction. However, during a teleconference in fall 2020, Ecology had agreed to allow the Downtown Subarea Plan to include parking for non -water -dependent uses in shoreline buffers within certain limited areas where parking and/or other urban uses have already been established (see Attachment 1 for shoreline parking locations in the approved Downtown Subarea Plan). Ecology agreed to compromise language that includes the Downtown Subarea Plan as a reference document in the SMP, and allows parking for redevelopment projects that contain water - oriented uses and/or include parking areas that are identified on the maps shown in the Downtown Subarea Plan's West and East Planning Areas. The Land Use Committee reviewed all of the proposed changes, including the compromise language regarding parking areas, at its July 8, 2021 meeting, and directed staff to prepare an ordinance to accept all of the changes and move the revised SMP forward to the full Council as soon as Ecology's revised conditional approval was received. On September 2, 2021, the City received a final, revised conditional approval from Ecology. The City has informed Ecology in writing that all of the requested revisions as presented in the final conditional approval are acceptable and will be adopted by ordinance. On September 9, 2021, the City received a final approval letter from Ecology stating that that the SMP will become effective on September 29, 2021, after ordinance adoption. Relationship to Comprehensive Plan: The Shoreline Master Program is incorporated into the City's Comprehensive Plan by reference (Appendix B of the Comprehensive Plan). Page 108 of 388 Back to Agenda Page 2of2 Alternatives. Do not adopt the revisions to the SMP. This will result in revocation of Ecology's final SMP approval, and consequences could range from loss of the City's shoreline permit issuance authority to Ecology assuming jurisdiction over the City's SMP and shorelines under the authority of the SMA. Recommendation: Approve an ordinance accepting the revisions to the City's 2021 Shoreline Master Program and Appendix C, previously adopted by Ordinance 012-21, as requested by the Washington State Department of Ecology. Motion for Consideration: "I move to adopt an ordinance accepting the revisions to the City's 2021 Shoreline Master Program and Appendix C, previously adopted by Ordinance 012-21, as requested by the Washington State Department of Ecology." Fiscal Impact: None. Attachments: (1) West and East Downtown Planning Areas — Downtown Subarea Plan (2) Ordinance w/Exhibits Page 109 of 388 SECTION 03 1 SUBAREA PLAN 3.2.1 West Downtown Planning Area "ANINtu Al. i REDEVELOPMEN i AKtA West Downtown is Port Orchard's current and historical Potential Shoreline cultural, civic, and recreational hub of the community. The Restoration area includes a mix of land uses, including Port Orchard's City Hall and public library, numerous retail and service businesses, a marina and ferry dock, public parking, and a Pedestrian Plaza waterfront park and trail. With access from the water and from Bay Street to from state highways 3 and 16, it remains the City's primary the waterfront center for community events and activities. Anticipated future Back to Agenda development includes the South Kitsap Community Events Traffic Center and a new Kitsap Bank headquarters as part of a Calming ;�; • /. larger mixed -use development. The concept plan works to balance historic preservation, environmental restoration, and economic improvement. Surface "Parkng,,'V Potential Stream �♦ �-' Daylighting ♦ I Pedestrian Hill ' Climb to Prospect Street e Potential Stream Daylighting , n i t o / Gay Iel .0 �1�� �� i s i 2) Z - ..J East Downtown - Redevelopment Concept Plan Diagram Page 110 of 388 Final: May 18, 2021 62 SECTION 03 1 Back to Agenda Two-way traffic at Passenger Ferry Frederick Ave New slow waterfront Terminate Streets at the "shared street" to create waterfront with a small plaza, front doors on Sinclair Inlet overlook, or pocket park •Ii ■r■i■r■r■r rkinn� z c-- Surfacerri g' Parking rn Lo di g/ P rki g z ■ Rend O,C\ ta`a\e . 5 Ne\ghborh LEGEND Q RESIDENTIAL 0 O i L - - J (Preferred Front Orientation) t RESIDENTIAL/ MIXED USE 0 (Preferred Front Orientation) f— s a� r — COMMERCIAL/RETAIL (Preferred Front Orientation) EK4LB ST OFFICE / OFFICE MIXED -USE (Preferred Front Orientation) -CIVIC (Preferred Front Orientation) OPEN SPACE (Park, plaza, or other) SURFACE PARKING I EXISTING PIPED STREAM N 1 " = 200' Page 111 of 388 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 63 SECTION 03 1 SUBAREA PLAN Back to Agenda Community Events Center `01 o Residential Mixed Use w �• 0 < ,l i I I I i East Downtown - Redevelopment Concept Plan 7� a cn w Roof Deck j T Commercial) j Office I Residential i Mixed Use f LU oCl- 1 l U- LL � I i I I Page 112 of 388 Final: May 18, 2021 64 SECTION 03 1 Back to Agenda Key OBay Street corridor design and frontage improvements © Consolidate curb cuts where feasible to improve pedestrian safety © Waterfront plaza / overlook OKayak launch dock © Proposed Hill Climb Opaving Traffic calming / specialty at Crosswalk to Orchard Street Plaza and viewpoint OWaterfront open space Frederick Street improvements Qand conversion to two-way traffic OTrail Improvements New waterfront pedestrian oriented shared street Street termination plaza and overlook i & Ia�l .101sI �_' _�_ LEGEND RESIDENTIAL (Preferred Front Orientation) RESIDENTIAL/ MIXED USE (Preferred Front Orientation) COMMERCIAL/RETAIL (Preferred Front Orientation) OFFICE / OFFICE MIXED -USE (Preferred Front Orientation) CIVIC (Preferred Front Orientation) OPEN SPACE (Park, plaza, or other) i SURFACE PARKING EXISTING PIPED STREAM N (i) 1 " — 100, Page 113 of 388 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 65 SECTION 03 1 SUBAREA PLAN Back to Agenda 3.2.2 East Downtown Planning Area BANNED AL i REDEVELOPMEN i .,,,,A The East Downtown is geographically separated from the West Downtown and was developed later with a more auto - centric development pattern. This area includes a mix of commercial uses primarily on larger parcels fronting Bay Street or Bethel Ave. WSDOT is currently in the process of redesigning the Bay and Bethel intersection to replace the current signal with a new round -about. The concept plan strives to break -down the scale of existing large sites to provide a more walkable land -use pattern. Large surface parking lots and many vacant properties provide an opportunity for new economic development more reminiscent of the existing historic development character of West Downtown. East Downtown - Redevelopment Concept Plan Diagram "Finer Grain" mixed -use development oriented toward Sinclair Inlet that reinforces views to the water. Page 114 of 388 Final: May 18, 2021 66 SECTION 03 1 Back to Agenda Extend Mitchell Corridor to terminate at t e waterfront AOL- /J//, ,abbe Rborhood Ne\9 r LEGEND 4t RESIDENTIAL (Preferred Front Orientation) RESIDENTIAL / MIXED USE j w i (Preferred Front Orientation) COMMERCIAL/RETAIL (Preferred Front Orientation) / OFFICE MIXED -USE -OFFICE (Preferred Front Orientation) CIVIC (Preferred Front Orientation) OPEN SPACE J (Park, plaza, or other) SURFACE PARKING EXISTING PIPED STREAM JL TN 1 " = 200' Page 115 of 388 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 67 Back to Agenda C�]:Z]IU_VL�i:L�a AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING REVISIONS REQUESTED BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY TO THE CITY'S 2021 SHORELINE MASTER PROGRAM, WHICH IS CODIFIED UNDER POMC 20.164; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on March 9, 2021, the Port Orchard City Council ("City Council") approved Ordinance 012-21 to adopt the City of Port Orchard ("City") 2021 Shoreline Master Program ("SMP"), which is codified under Chapter 20.164 of the Port Orchard Municipal Code, according to the periodic review and update requirements of Chapter 90.58 RCW (Shoreline Management Act) and Chapter 173-26 WAC, Part III (Shoreline Master Program Guidelines); and WHEREAS, on March 12, 2021, the City submitted the locally -adopted 2021 SMP to the Washington State Department of Ecology ("Ecology") for review in accordance with the requirements of WAC 173-26-110; and WHEREAS, on September 2, 2021, the City received a conditional approval of the 2021 SMP from Ecology, which included a number of required and requested revisions for consistency with 90.58 RCW and Chapter 173-26 WAC, Part III, as provided in Exhibit 1; and WHEREAS, pursuant to WAC 173-26-120(3)(b)(i) and RCW 90.58.090(2)(e), on September 3, 2021, the City provided the Department of Ecology with written notice of its agreement to all of the required and requested revisions in Exhibit 1, and WHEREAS, pursuant to RCW 90.58.090(7), Ecology's final approval of the City of Port Orchard 2021 SMP will be effective 14 days from Ecology's final approval of the amendment with all of the requested and required revisions, which is September 29, 2021, as provided in Exhibit 2; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated as if fully set forth herein. SECTION 2. Adoption of Final 2021 Shoreline Master Program. The City Council hereby approves amendments to Ordinance 012-21 and the 2021 Shoreline Master Program and Appendix C to incorporate all required and requested changes by Ecology in Exhibit 1, as provided Page 116 of 388 Back to Agenda Page 2 of 3 in Exhibits 3 and 4. SECTION 3. Conflict. In the event of a conflict between this Ordinance, and any Ordinance or regulation of the City, the provisions of this Ordinance shall control, except that the provisions of the City's critical areas code or any International Building Code shall supersede. SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTIONS. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 6. Effective Date. This ordinance shall be published in the official newspaper of the city and shall take full force and effect five (5) days after the date of publication. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. 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 14t" day of September 2021. Robert Putaansuu, Mayor Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte A. Archer, City Attorney Scott Diener, Councilmember Page 117 of 388 Back to Agenda PUBLISHED: EFFECTIVE DATE: EXHIBITS: Page 3 of 3 1. Ecology SMP Required and Recommended Changes Matrix 2. Ecology Final Approval Letter, 9/9/2021 3. Final 2021 Shoreline Master Program 4. Appendix C— Final 2021 Shoreline Master Program Page 118 of 388 Exhibit 1 Back to Agenda Page 1 of 3 City of Port Orchard — Ecology Required and Recommended Changes The changes in red are required for consistency with the SMA (RCW 90.58) and the SMP Guidelines (WAC 173-26, Part III). Changes in blue are recommended and consistent with SMA (RCW 90.58) policy and the SMP Guidelines (WAC 173-26, Part III) ITEM # SMP Submittal BILL FORMAT CHANGES (underline = additions; strikethrough = deletions) RATIONAL PROVISION Req-1, 1.6 References B. Critical Areas Ordinance. Chapter 20.162 of the Port Orchard Municipal Code, Critical Areas Regulations (Ordinance Required Change 1: Include critical area regulations in the SMP Req-2, & to Plans, 019-17, adopted June 23, 20177) providing es rules, setbacks, mitigation and other regulations for geologically hazardous A change is necessary for consistency with RCW 90.58.610 and RCW 36.70A.480, which govern the Rec-1 Regulations, or Information areas, wetlands, and streams, are incorporated herein as regulations of this Master Programetc. For regulatory purposes, but this MasteF relationship between CAOs and SMP, and with WAC 173-26-221(2)(a). Pursuant to RCW 36.70A.480(3)(b), CAOs do not apply within shoreline jurisdiction. The City proposes to remove the Sources ^„latieRs ;R GhapteF 20- ' 9-, ;004 R thesheFelin, ;...;&4im.«; The sections of Chapter 20.162 listed below are excluded from the Master Program and shall not apply within shoreline jurisdiction: 2009 CAO and Appendix B; however the SMP must contain critical areas regulations of its own [WAC 173-26-221(2)(a)]. WAC 173-26-191(2)(b) authorizes the incorporation of regulations from other City 1. Article 1. Administration, permitting, enforcement, and nonconforming procedures are in Chapters 8, 9, and 10 of documents by referencing a specific, dated edition. Conversations with City staff have clarified that the SMP. City's intent is to incorporate the CAO regulations by reference. This required change is written based 2. Definitions: "Aguaculture practices." on this preference 3. 20.162.050 Exempt wetlands. Required Change 2: Exclude sections of CAO that are inconsistent with the SMA 4. 20.162.056.7 Utilities. Changes are necessary for consistency with the SMA, SMP Guidelines, and WAC 173-27. +If any conflict between the incorporated critical areas regulationSGFEIiRaRee and the Master Program s44 occurs, the 1. Article 1 contains several sections that are inconsistent with the permitting framework regulations of this Master Program take precedence. established in RCW 90.58.140 and WAC 173-27. These include 20.162.032 Exemptions [exemptions in shoreline jurisdiction are listed in WAC 173-27-040], 20.162.034 Exceptions ... [where provisions interfere with reasonable use, relief should be granted through a shoreline variance], 20.162.036 Variances [applicants should seek a shoreline variance in shoreline E. Downtown Subarea Plan (Ordinance 030-21, adopted May 22, 2021). The Downtown Subarea Plan provides jurisdiction]. Other provisions that are inconsistent with WAC 173-27 or internally long-range goals and policies for redevelopment of the City's downtown and county government campus areas, as well as inconsistent with other SMP provisions include 20.162.038 Nonconforming — Existing specific goals and policies for current and long-range planning and management of land use, housing, environmental structures and 20.162.040 Enforcement — Violation — Penalty. protection and transportation, within the City's designated Downtown Countywide Center. 2. The definition for "aquaculture" in the CAO is inconsistent with WAC 173-26-020(6) and should be excluded from the SMP, as it currently is under the incorporation of the 2009 CAO. 3. Exemptions for small wetlands can result in a loss of wetland functions within shoreline jurisdiction. Ecology's wetland guidance is that these type of exemptions are only appropriate outside of shoreline jurisdiction (see Bunten et al 2016). For consistency with WAC 173-26-221(2)(a)(ii), which requires that protection of critical areas "assures no net loss of shoreline ecological functions," these exemptions should be excluded from the SMP. 4. Allowing new or expanded utility corridors in wetlands and their buffers in inconsistent with the use preferences of the SMA in RCW 90.58.020 and WAC 173-26-201(2)(d). Protecting and restoring ecological functions is preferred over non -water oriented uses, such as utilities. Allowing new/expanded utilities in wetlands and their buffers will negatively impact wetland function. Ecology has identified a limited list of activities that can occur in wetlands and their buffers with minimal impacts (Granger et al. 2005, Bunten et al 2016). Excluding this section is necessary for consistency with WAC 173-26-201(2)(d). Recommended Change: Add a reference to the Downtown Subarea Plan The City has adopted the Downton Subarea Plan, which includes areas that are within shoreline jurisdiction. The City went through a public planning process that included input from Ecology staff during the development of this plan. Because of the overlap of this planning area with the SMP jurisdiction, and because of the reference to this plan in Appendix C (see Required Change 10), we recommend adding the plan to this list of plans. Req-3 6.3 Critical The shorelines in the City of Port Orchard, and the associated Urban Growth Area, are largely developed. Within Required Change 3: Update references to critical area regulations Areas shoreline jurisdiction there are many other types of critical areas that have been identified to be protected. All critical A change is necessary for internal consistency with Section 1.6.B, which contains the SMP's critical areas, including marine shorelines, have been provided regulatory protection with the incorporationadeption of P-Gq areas regulations incorporated from Chapter 20.162 with important exclusions relevant to wetland Orchard Municipal Cede Title 20 and relevant regulations of the 2017 update of the Port Orchard Critical Areas protections. Wetlands in shoreline jurisdiction are protected by the SMP, not the CAO [see RCW Ordinance in Section 1.6.6. With the implementation of the critical areas policies listed below, the Port Orchard Shoreline 36.70A.4801. July 19, 2021 Page 119 of 388 Back to Agenda Page 2 of 3 Master Program provides for management of critical areas, can be implemented, and is consistent with RCW 90.58.090(4) and WAC 173-26-221. G-DR 3 All development proposals on lands containing wetlands within shoreline jurisdiction shall follow all regulations regarding the rating, categorization, delineation and protection of wetlands, and the establishment and maintenance of wetland buffers, as set forth in Section 1.6.B"^"4!' T 6e 70Ghapt~r 20462 ('r ical Areas o,,guiatien-5' G-DR 4 All development proposals on land containing geologically hazardous areas within shoreline jurisdiction shall follow all regulations set forth in in Section 1.6.8"^""' G-DR 10 All development proposals within the Blackjack Creek shoreline jurisdiction or the Ross Creek estuary shoreline jurisdiction shall be subject to the provisions of the Section 1.6. B°^"",regulations for Fish and Wildlife Habitat Conservation Areas. Req-4 & 7.13 Residential Residential development refers to one or more buildings, structures, lots, parcels, or portions of parcels that are used or Required Change 4: Strike phrase in introductory paragraph Req-5 Development intended to be used to provide a dwelling for human beings. Residential development includes single-family residences, A change is necessary for constancy with WAC 173-27-040(2)(g). Within shoreline planning, duplexes, other detached dwellings, multifamily residences, apartments, townhouses, group housing, condominiums, "appurtenance" has a specific meaning for residential uses and is not the same as an "accessory subdivisions, planned unit developments, and short subdivisions. Residential development also includes accessory Eaka structure." Appurtenances are "necessarily connected to the use and enjoyment of a single-family appurtenant) uses and structures such as garages, sheds, tennis courts, swimming pools, driveways, parking areas, residence and is located landward of the ordinary high water mark and the perimeter of a wetland. fences, cabanas, saunas, and accessory dwelling units, when allowed by the underlying zoning. Single-family residences On a statewide basis, normal appurtenances include a garage; deck; driveway; utilities; fences; are identified as a priority use when developed in a manner consistent with control of pollution and prevention of installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic damage to the natural environment. Without proper management, single-family residential use can cause significant yards and which does not involve placement of fill in any wetland or waterward of the ordinary high damage to the shoreline area through cumulative impacts from shoreline armoring, storm water runoff, septic systems, water mark." [WAC 173-27-040(2)(g)] introduction of pollutants, and vegetation modification and removal. Required Change 5: Add clarity to SU-DR-60 SU-DR-60 Single-family homes ar-emay be exempt from the Shoreline Substantial Development Permit requirements A change is necessary for consistency with WAC 173-27-040(2)(g). Not all single family homes are when consistent with the precise terms of WAC 173-27-040(2)(g). exempt from substantial shoreline development permits. Only those homes landward of the OHWM and wetland boundaries built by the property owner for their own use and that include only the appurtenances listed in WAC 173-26-040(2)(g) may be exempt. Req-6 & 8.5 Shoreline Shoreline Substantial Development Permits ("SDPs") are required for all developments (unless specifically exempt) that Required Change 6: Update references Rec-2 Substantial meet the legal definition of "substantial development." A "substantial development" is any development which meets A change is necessary for consistency with the definition of substantial development in RCW Development the criteria of RCW 90.58.030(3)(e)`^' C 173 27 040(2)(a) or its successor, or any development which materially 90.58.030(3)(e). The reference to WAC 173-27-040(2)(a) is an exemption from the definition of Permits interferes with the normal public use of the water or shorelines of the state, or as specifically exempted pursuant to WAC substantial development and should not be used to determine whether development is substantial or 173-27-04OR 04 nn 58 n3niw~` not. Instead the SMP should refer to RCW 90.58.030(3)(e). A change is also necessary for internal consistency with 8.5.1 (Shoreline Substantial Development SDPs are reviewed and processed by local governments and subsequently sent to Ecology. Under WAC 173-27-150, Permits —Administrative). The amendment adds a reference to this section, but uses the old section substantial development permits cannot be approved unless they are consistent with policies and procedures of the number, which has been revised with the amendment. Shoreline Management Act, Ecology rules, and the local master program. The City may condition a permit if needed to ensure consistency of the project with the Act and the City's Master Program. Recommended Change 2: Refer to WAC 173-27-040 for shoreline exemptions While RCW 90.58.030(3)(e) does list exemptions from the definition of substantial development, we Certain proposed development activities and uses may qualify for processing as an administrative SDP subject to Section recommend referring to WAC 173-27-040 instead. This provides greater detail on the exemptions and 8.54.1.1. An administrative SDP is a Type II decision per POMC Section 20.22.020. If a development activity or use does also provides more procedures and rules for implementing exemptions. not qualify for an administrative SDP, it will be processed as a regular SDP, which is a Type III decision per POMC Section 20.22.020, and requires a public hearing before the City's hearing examiner. Rec-3 8.5 Shoreline 8.5.1.2 Permit Process Recommended Change 3: Add reference to WAC 173-27 Substantial Administrative shoreline permits will be processed as an administrative (Type II) permit in accordance with the WAC 173-27 contains more specific procedures for shoreline permits and these procedures apply in Development requirements of POMC 20.22,E RCW 90.58.140, and WAC 173-27, or as hereafter amended. If there is any conflict addition to RCW 90.58.140. To improve implementation of the SMP, we recommend this include a Permits between the requirements of these regulations, the more stringent requirement shall control. reference to WAC 173-27. 8.5.2.1. Development Activities. Substantial development permits that do not qualify for administrative review and approval under 8.4.1 shall be processed as a hearing examiner decision (Type III) permit in accordance with the requirements of POMC 20.22,E RCW July 19, 2021 Page 120 of 388 Back to Agenda Page 3 of 3 Req-7, Req-8, & Req-9 Req-10 8.7 Shoreline Variances Appendix C Section E — Redevelopment Within a Shoreline Buffer 90.58.140, and WAC 173-27, or as hereafter amended. If there is any conflict between the requirements of these regulations, the more stringent requirement shall control. 8.5.2.2. Permit Process Hearing examiner shoreline substantial development permits will be processed as a quasi-judicial (Type III) permit in accordance with the requirements of POMC 20.22, RCW 90.58.140, and WAC 173-27, or as hereafter amended. If there is any conflict between the requirements of these regulations, the more stringent requirement shall control. 8.7.3.1 Criteria for granting administrative (Type II)shoreline variances A request for an administrative shoreline variance must demonstrate that the development or use meets all of the criteria below, in order to be approved: 1. The development and/or use is located landward of the ordinary high water mark (OHWM) as defined in RCW 90.58.030(2)(c), and/or landward of any wetland as defined in RCW 90.58.030(2)(h); and 2. The maximum relief requested by the variance deviates from the applicable bulk, dimensional or performance standard(s) in the City's master program by no more than 20% of each applicable standard; and 3. The development and/or use meets all of the criteria of WAC 173-27-170(l),(2), (4) and (5). 8.7.4.1 When a hearing examiner (Type III) shoreline variance is required. A development proposal does not qualify to request an administrative (Type II) shoreline variance if either or bethan of the criteria below are met, and a hearing examiner shoreline variance must be requested: 1. The development or use will be located waterward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030(2)(c), or within any wetland as defined in RCW 90.58.030(2)(h); 2. The relief requested by the variance deviates from the applicable bulk, dimensional or performance standard(s) in the City's master program by more than 20% of any applicable standard...; 3. Any other shoreline variance that does not meet the criteria for an administrative shoreline variance. 8.7.4.2 Criteria for granting hearing examiner (Type III) shoreline variances A request for a hearing examiner variance must demonstrate that the development or use will meet all of the criteria below, as applicable, in order to be approved: 1. If the development or use will be located waterward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030(2)(c), or within any wetland as defined in RCW 90.58.030(2)(h), it must meet the criteria of WAC 173-27-170(l), (3), (4) and (5). 2. For all variance reauests. the development and/or use must meet all of the criteria of WAC 173-27-1701-A. 1. Within a shoreline buffer, redevelopment of a site with one or more existing non -water -dependent, legal conforming or nonconforming building(s), or redevelopment of a portion of such building(s), may be allowed subject to the following: f. Parkine in the shoreline buffer may be allowed in the HI environment for redevelopment oroiects that (1) contain water -oriented uses (i.e., water -dependent, water -related and/or water-enioyment uses), and/or (2) include parking areas that are identified on the maps shown in the City's adopted Downtown Subarea Plan, Section 3, 3.2.1 (West Downtown Planning Area) and 3.2.2 (East Downtown Planning Area).' geReFal, OF Fedeveleped Kf-.......aFking areas allowed in the shere'iRe bbiffef-. Required Change 7: Include all applicable variance criteria A change is necessary for consistency with WAC 173-27-170. Requests for shoreline variances may only be approved if they are consistent with all applicable criteria in WAC 173-27-170. For variances landward of OHWM and wetland boundaries, this includes subsections (1), (4), and (5), in addition to (2). Required Change 8: Clarify what procedure is required for other shoreline variances that don't meet the administrative shoreline variance criteria. A change is necessary for consistency with RCW 90.58.100(5) and WAC 173-27-170, which allow for an applicant to seek a variance from any bulk, dimensional, or performance standard. Most performance standards do not have a numerical component that can be used to gauge whether the size of the variance is more or less than 20%. To ensure there is a clear process for shoreline variance requests that do not meet any of criteria for an administrative variance and do not meet (1) or (2) of 8.7.4.1, a change to this section is needed. Required Change 9: Include all applicable variance criteria A change is necessary for consistent with WAC 173-27-170. Requests for shoreline variances may only be approved if they are consistent with all applicable criteria in WAC 173-27-170. For variances waterward of OHWM and wetland boundaries, this includes subsections (1), (4), and (5), in addition to (3). For all variances requests, this includes the entirety of WAC 173-27-170. Required Change 10: Do not allow parking in the shoreline buffer A change is necessary for consistency with the use preferences of the Act in RCW 90.58.020 and WAC 173-26-201(1)(d). Parking is non -water -dependent and not a preferred use and should be outside of the shoreline buffer. Protecting and restoring ecological function is a preferred use over parking within shoreline buffers. Allowing parking within shoreline buffers would displace a preferred use for a non -preferred use. City staff provided preferred wording for addressing this required change — Ecology has incorporated that into this change. July 19, 2021 Page 121 of 388 Exhibit 2 Back to Agenda STATE on O 6 7 d � oy L ISS9 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Sox 47600 • Olympia, WA 98504-7600 • 360-407-6000 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 September 9, 2021 The Honorable Rob Putaansuu City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Final Ecology Approval of the City of Port Orchard Shoreline Master Program Periodic Review Amendment Dear Mayor Putaansuu: The Washington State Department of Ecology (Ecology) is pleased to announce final approval of the City of Port Orchard's (City) Shoreline Master Program (SMP) periodic review amendment. Congratulations to you, your staff, and the Port Orchard community for completing the periodic review of your SMP. We appreciate your commitment to comprehensive land -use planning for Washington's unique and valuable shorelines. As you know, the following correspondence regarding the recent SMP periodic review took place between Ecology and the City: • March 17, 2021 —Ecology accepted your locally -adopted SMP (Ordinance No. 012-21) submittal as complete. • August 31, 2021 — Ecology conditionally approved the City's SMP periodic review amendment with required and recommended changes. • September 3, 2021 — The City sent an email to Ecology accepting all Ecology's required and recommended changes. Ecology therefore approves the City's periodic review amendment, which includes the required and recommended changes. This action represents Ecology's final decision and there shall be no further modifications to the City's proposal. Page 122 of 388 The Honorable Rob Putaansuu September 9, 2021 Page 2 Back to Agenda The effective date of the City's SMP periodic review amendment is 14 days from the date of this letter, Ecology's final approval letter. This 14-day period was established by legislative action in 2011 and is intended to provide lead time for the City to prepare to implement the amended SMP. Ecology is required to promptly publish notice that your SMP has received final approval. The notice, in the form of a legal ad, will begin a 60-day appeal period. We will provide a copy of the legal ad to the City for its records. Finally, please integrate the changes referenced in this correspondence into a final clean copy version of the complete approved SMP, including the appendices, within 30 days. When this is complete, please forward one hard copy and one digital copy of the complete approved SMP to Ecology. Thank you again for your significant work and leadership in completing this SMP periodic review. If you have any questions, please contact our Regional Planner, Maria Sandercock, at Maria. Sandercockgecy.wa.gov or (425) 256-1372. Sincerely, Misty Blair Shoreline Management Policy Lead ec: Keri Sallee, City of Port Orchard Joe Burcar, Ecology Maria Sandercock, Ecology Page 123 of 388 Back to Agenda Exhibit 3 SHORELINE MASTER PROGRAM 2021 CITY OF PORT ORCHARD r�' CITY OF PORT ORCHARD n IYm SEPTEMBER 3, 2021 Page 124 of 388 Back to Agenda • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 125 of 388 Back to Agenda • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 126 of 388 Back to Agenda TABLE OF CONTENTS CHAPTERII: INTRODUCTION.................................................................................8 1.1 Requirements of the Shoreline Management Act 1.2 Purpose and Intent of the Shoreline Master Program 1.3 Authority 1.4 Public Trust Doctrine 1.5 Governing Principles and Legislative Findings 1.6 References to Plans, Regulations, or Information Sources 1.7 Severability 1.8 Periodic Review and Effective Date CHAPTER 2: SCOPE AND SHORELINE JURISDICTION..............................................14 2.1 Applicability 2.2 Port Orchard Shoreline Jurisdiction 2.3 Relationship to Other Plans and Regulations CHAPTER 3: SHORELINE INVENTORY SUMMARY....................................................18 3.1 Introduction 3.2 Study Area 3.3 Summary of Findings CHAPTER 4 SHORELINE ENVIRONMENTS..............................................................22 4.1 Applicability 4.2 Official Shoreline Map 4.3 High -Intensity Environment 4.4 Shoreline Residential Environment 4.5 Urban Conservancy Environment 4.6 Natural Environment 4.7 Aquatic Environment CHAPTER 5 MASTER PROGRAM ELEMENTS AND GOALS .........................28 5.1 Introduction 5.2 Economic Development 5.3 Public Access 5.4 Recreation 5.5 Transportation 5.6 Shoreline Use =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 127 of 388 Back to Agenda 5.7 Conservation 5.8 Historic, Cultural, Scientific, and Educational 5.9 Flood Hazard Reduction 5.10 Climate Change and Sea Level Rise CHAPTER 6 GENERAL POLICIES AND REGULATIONS.............................................30 6.1 Applicability 6.2 Archaeological, Historic & Cultural Resources 6.3 Critical Areas a. Wetlands b. Geologically Hazardous Areas c. Critical Saltwater Habitat d. Critical Freshwater Habitat 6.4 Flood Hazard Reduction 6.5 Public Access 6.6 Shoreline Vegetation Conservation 6.7 Climate Change and Sea Level Rise CHAPTER 7 SHORELINE DEVELOPMENT STANDARDS AND USE REGULATIONS ...... 42 7.1 Shoreline Uses 7.2 Shoreline Development Matrix 7.3 Agriculture 7.4 Aquaculture 7.5 Boat Ramps and Launches 7.6 Commercial Development 7.7 Flood Control Works and Instream Structures 7.8 Industrial and Port Development 7.9 Marinas 7.10 Moorage; Docks, Piers, and Mooring Buoys 7.11 Parking 7.12 Recreation 7.13 Residential Development 7.14 Shoreline Stabilization and Bulkheads 7.15 Signs 7.16 Transportation Facilities 7.17 Utilities • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 128 of 388 Back to Agenda CHAPTER 8 SHORELINE ADMINISTRATION AND PERMIT PROCEDURES..................65 8.1 Shoreline Administrator 8.2 Hearing Examiner 8.3 Shoreline Exemptions 8.4 Multiple Permits Required 8.5 Shoreline Substantial Development Permits 8.6 Shoreline Conditional Use Permits 8.7 Shoreline Variances 8.8 Appeals CHAPTER 9 NONCONFORMING DEVELOPMENT AND USES....................................................................................................................71 9.1 Nonconforming Development 9.2 Nonconforming Uses 9.3 Nonconfoming Structures 9.4 Nonconforming Lots CHAPTER 10 SHORELINE ENFORCEMENT AND PENALTIES......................................73 10.1 Shoreline Enforcement 10.2 Penalties CHAPTER 11 MASTER PROGRAM REVIEW, AMENDMENTS AND ADOPTION...............74 11.1 Master Program Review 11.2 Amendments to Shoreline Master Program 11.3 Severability 11.4 Effective Date CHAPTER 12 DEFINITIONS....................................................................................75 REFERENCES APPENDICES Appendix A — Official Shoreline Maps All: Official Port Orchard Shoreline Map A2: Shoreline Environmental Designation Maps • - • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 129 of 388 Back to Agenda Appendix B- Restoration Plan Appendix C - Mitigation and Restoration for Redevelopment Activities in the High Intensity Shoreline Environment Designation • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 130 of 388 Back to Agenda CHAPTER 1: INTRODUCTION 1.1 Requirements of the Shoreline Management Act Washington's Shoreline Management Act (SMA) (Chapter 90.58 RCW, the Shoreline Management Act of 1971) was passed by the State Legislature in 1971 and adopted by the public in a referendum. The Act was created in response to a growing concern among residents of the state that serious and permanent damage was being to shorelines by unplanned and uncoordinated development. The goal of the Act was "to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines." While protecting shoreline resources by regulating development, the Act is also intended to provide for appropriate shoreline growth by encouraging land uses that enhance and conserve shoreline function and values. The State shoreline guidelines (WAC 173-26), updated and adopted in 2003, emphasize the protection and restoration of shoreline natural resources, and give specific guidance to local jurisdictions The guidelines refer to the protection of shoreline ecological processes (such as hydrology and sediment transport) and shoreline ecological functions (provided by water quality, vegetation, and habitat). A major concept in the protection of ecological functions is termed "no net loss." The Washington Shoreline Management Act (SMA) has three broad policies: Promote preferred shoreline uses: "uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shorelines..." Promote public access: "the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally." • Protect shoreline natural resources: This includes "...the land and its vegetation and wildlife, and the water of the state and their aquatic life..." In establishing preferred uses of the state's shorelines, the SMA defines "water -dependent," "water - related," and water -enjoyment" uses. These terms are officially defined in Chapter 13 of the SMP. General descriptions and example are included below. Water -dependent use means a use that requires direct access to the water to accomplish its primary function. It is a use, or a portion of a use, which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of the operation. Example: marina, ferry terminal, boat launch. Water -related use means a use that does not require direct access to the water, but provides goods or services associated with water dependent uses. A uses or portion of a • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 131 of 388 Back to Agenda use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location. Example: boat repair, kayak rentals. Water -enjoyment use means a use that does not require access to the water, but is enhanced by a waterfront location. This includes uses that facilitate public access to the shoreline as a primary characteristic of the use; or uses that provide for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people. The use must be open to the general public and the shoreline -oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Example: Restaurants, parks. Water -oriented use means a use that is water -dependent, water -related, or water - enjoyment, or a combination of such uses. 1.2 Purpose and Intent of the Shoreline Master Program The primary purpose of the Act is to provide for the management and protection of the State's shoreline resources by planning for reasonable and appropriate uses. The law provides a two-tier planning and regulatory program by the state and local government. By law, the City is responsible for the following: • Preparation of a Master Program in accordance with the policies and requirements of the Act and the State Shoreline Guidelines (WAC 173-26). • Development of a permit system in accordance with the requirements of the Act. Further, the purposes of this Master Program are; • To carry out the responsibilities imposed on the City of Port Orchard by the Washington State Shoreline Management Act (RCW 90.58). • To promote uses and development of the Port Orchard shoreline consistent with the City of Port Orchard Comprehensive Plan while protecting and restoring environmental resources. • To promote the public health, safety, and general welfare by providing a guide and regulation for the future development of the shoreline resources of the City of Port Orchard. 1.3 Authority Authority for enactment and administration of the Shoreline Master Program is the Shoreline Management Act of 1971, RCW 90.58, Washington's Shoreline Management Act, RCW 90.58, was adopted in 1972. The purpose of the Act is to "prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines." It has three broad policies: encourage water - dependent uses on the shoreline; protect shoreline natural resources; and, promote public access. • - • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 132 of 388 Back to Agenda The Act establishes the concepts of preferred uses and priority uses in shoreline areas. RCW 90.58.020 indicates that preferred" uses are those "which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shorelines." This section further states that priority uses include single family residences, ports, shoreline recreational uses, water dependent industrial and commercial developments and other developments that provide opportunities for the public to access the shoreline environment. To the maximum extent possible, the shorelines should be reserved for "water -oriented" uses, including "water -dependent", "water -related" and "water -enjoyment" uses, as defined in the Act. The overarching policy is that "the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. RCW 90.58.020 and .100 provide goal and policy direction for the SMP, including: • Protect the natural character and the resources and ecology of the shoreline; • Increase public access and recreational opportunities; • Mitigate and restore for habitat impacts to ensure no net loss of habitat function; • Maintain the public right of navigation; • Prioritize water -dependent and single-family residential uses and development; • Coordinate shoreline management with other relevant local, state and federal regulations; • Prevent and minimize flood damage; • Protect private property rights; • Protect and restore sites with historic, cultural or educational value. 1.4 Public Trust Doctrine The Shoreline Management Act also implements the common law Public Trust Doctrine. The Public Trust Doctrine is a legal principle derived from English Common Law. The essence of the doctrine is that the waters of the state are a public resource owned by and available to all citizens equally for the purposes of navigation, conducting commerce, fishing, recreation and similar uses and that this trust remains relevant even when the underlying land is in private ownership. The doctrine limits public and private use of tidelands and other shorelands to protect the public's right to use the waters of the state. The Public Trust Doctrine does not allow the public to trespass over privately owned uplands to access the tidelands. It does, however, protect public use of navigable water bodies below the ordinary high water mark. 1.5 Governing Principles and Legislative Findings In the Shoreline Management Act of 1971, RCW 90.58.020, the legislature found the following: "The legislature finds that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great concern throughout the state relating to their utilization, protection, restoration, and preservation. In addition it finds that ever increasing pressures of additional uses are being placed on the shoreline necessitating increased coordination in the management and development of the shorelines of the state. The legislature further finds that much of the shorelines of the state and the uplands adjacent thereto are in private ownership; that unrestricted construction on =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 133 of 388 Back to Agenda the privately owned or publicly owned shorelines of the state is not in the best public interest; and therefore, coordinated planning is necessary in order to protect the public interest associated with the shorelines of the state while, at the some time, recognizing and protecting private property rights consistent with the public interest. There is, therefore, a clear and urgent demand for a planned, rational, and concerted effort, jointly performed by federal, state, and local governments, to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines. It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto. The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of statewide significance. The department, in adopting guidelines for shorelines of statewide significance, and local government, in developing master programs for shorelines of statewide significance, shall give preference to uses in the following order of preference which: 1) Recognize and protect the statewide interest over local interest; 2) Preserve the natural character of the shoreline, 3) Result in long term over short term benefit; 4) Protect the resources and ecology of the shoreline, 5) Increase public access to publicly owned areas of the shorelines, 6) Increase recreational opportunities for the public in the shoreline; 7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences and their appurtenant structures, ports, shoreline recreation uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. Alterations of the natural condition of the shorelines and shorelands of the state shall be recognized by the department. Shorelines and shorelands of the state shall be appropriately classified and these classifications shall be revised when circumstances warrant regardless of whether the change in circumstances occurs through man-made causes or natural causes. Any areas resulting from alterations of the natural condition of the shorelines and shorelands of the state no longer meeting the definition of "shorelines of the state" shall not be subject to the provisions of chapter 90.58 RCW. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 134 of 388 Back to Agenda Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water. 1.6 References to Plans, Regulations, or Information Sources A. 1973 Shoreline Master Program (Amended in 1994). This SNIP was originally adopted as Kitsap County's shoreline document. Port Orchard adopted it by reference. Changes were made in 1992, and again in 1994 that made it more specific to Port Orchard's shoreline. B. Critical Areas Ordinance. Chapter 20.162 of the Port Orchard Municipal Code, Critical Areas Regulations (Ordinance 019-17, adopted June 23, 2017) providing rules, setbacks, mitigation and other regulations for geologically hazardous areas, wetlands, and streams, are incorporated herein as regulations of this Master Program. The sections of Chapter 20.162 listed below are excluded from the Master Program and shall not apply with the shoreline jurisdiction: 1. Article 1. Administration, permitting, enforcement, and nonconforming procedures are in Chapters 8, 9, and 10 of the SMP. 2. Definitions: "Aquaculture practices." 3. 20.162.050 Exempt wetlands. 4. 20.162.056.7 Utilities. If any conflict between the incorporated critical areas regulations ordinance and the Master Program occurs, the regulations of this Master Program take precedence. C. 2016 Comprehensive Plan. The 2016 Comprehensive Plan, (Ordinance 014-16, adopted June 22, 2016) lays out a vision for the future of the City, including land use, housing, and parks needs. D. Blackjack Creek Watershed Assessment and Protection and Restoration Plan (December 29, 2017). The Blackjack Creek plan includes watershed assessment findings, a set of strategies for addressing degraded watershed processes, and recommended actions for the protection and restoration of ecological processes and habitats. E. Downtown Subarea Plan (Ordinance 030-21, adopted May 22, 2021). The Downtown Subarea Plan provides long-range goals and policies for redevelopment of the City's downtown and county government campus areas, as well as specific goals and policies for current and long-range planning and management of land use, housing, environmental protection and transportation, within the City's designated Downtown Countywide Center. 1.7 Severability The Act and this Program, as adopted and amended, comprise the basic state and municipal law regulating use of shorelines in Port Orchard. In the event provisions of the Program conflict with other applicable city policies or regulations, the more restrictive shall apply. Should any section or provision of this Program be declared invalid, such decision shall not affect the validity of the Program as a whole • - City of Port Orchard Shoreline Master Program I September 3, 2021 Page 135 of 388 Back to Agenda 1.8 Periodic Review and Effective Date The most recent comprehensive update to this Program was approved by the Department of Ecology in March 2013. Subsequent City -initiated minor revisions were approved by Ecology in February 2018. In accordance with the requirements of RCW 90.58.080, each local jurisdiction is required to review, and, if necessary, revise their Shoreline Master Program at least once every eight years. The purpose of the periodic review is to ensure that Program complies with applicable law and guidelines in effect at the time of the review, and to ensure that the Program is consistent with the local government's comprehensive plan and development regulations adopted under chapter 36.70A RCW, if applicable, and other local requirements. The periodic review process also the method for bringing shoreline master programs into compliance with the requirements of the act that have been added or changed since the last review. The City of Port Orchard was required to complete its periodic review by June 30, 2021. This Program and all amendments thereto shall become effective fourteen (14) days after written notice of final action is issued by the Department of Ecology. The revisions adopted by the City in response to the periodic review requirement were approved by Ecology and are effective on **, 2021. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 136 of 388 Back to Agenda CHAPTER 2: SCOPE AND SHORELINE JURISDICTION 2.1 Applicability Concepts and terms related to the City's shoreline jurisdiction are specific to those described in RCW 90.58.030, WAC 173-26-020, WAC 173-27-030, and WAC 173-22-030. Under the SMA, the shoreline jurisdiction includes all water areas of the state, the lands underlying them, and areas that are 200 feet landward of the ordinary high water mark (OHWM) of waters that have been designated as "shorelines of statewide significance" or "shorelines of the state." These designations we established in 1971, and are described in RCW 90.58.030. Generally, "shorelines of statewide significance" include portions of Puget Sound and other marine waterbodies, rivers west of the Cascade Mountains that have a mean annual flow of 1,000 cubic feet per second (cfs) or greater, rivers east of the Cascade Range that have a mean annual flow of 200 cfs or greater, and freshwater lakes with a surface area of 1,000 acres or more. "Shorelines of the state" are generally described as all marine shorelines and shorelines of all streams or rivers having a mean annual flow of 20 cfs or greater and lakes with a surface area greater than 20 acres. The City of Port Orchard and its associated urban growth area (UGA) contains marine shoreline, one stream, and two lakes that meet the criteria for shoreline jurisdiction. Any person or party wishing to undertake activities constituting "development" (defined in Chapter 12) within the shoreline jurisdiction must conform to the Shoreline Management Act and this Master Program. All uses, even those not meeting the definition of development, are subject to the provisions and development regulations of this SMP, even if a permit is not required. This Master Program shall apply to every individual , firm, partnership, association, organization, corporation, local, state or federal governmental agency, public or municipal corporation, or any other entity which develops, owns, leases, or administers lands, wetlands or waters that fall under the jurisdiction of the Shoreline Management Act. The City shall regulate development within the shoreline jurisdiction under its general authority to regulate for the general health, safety, and welfare and its specific authority under the SMA. All uses within shoreline jurisdiction must be consistent with the policies and regulations of the Port Orchard SMP regardless of whether they require development or not. Furthermore, Shoreline Conditional Use and/or variance permits may still be required, even if a development activity is exempt from a shoreline substantial development permit. An exemption from a Shoreline Substantial Development Permit does not constitute an exemption from the policies and regulations of the Shoreline Management Act, this Master Program, or any other applicable city, state, or federal permit requirements. WAC 173-27-140(1): No authorization to undertake use or development on shorelines of the state shall be granted by local government unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Management Act and the Master Program. =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 137 of 388 Back to Agenda 2.2 Port Orchard Shoreline Jurisdiction Shorelines within the city of Port Orchard include those portions of Puget Sound lying within the city limits and all lands extending landward 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark together with any associated wetlands, river deltas, and floodways associated with tidal waters that are subject to the provision of this chapter and whose locations have been designated by the Department of Ecology. However, the Shoreline Management Act does not apply to lands under exclusive federal jurisdiction. The City also contains shorelines of statewide significance (SSWS). These SSWS are the marine shorelines from extreme low tide to the middle of Sinclair Inlet, which are adjacent to unincorporated Kitsap County and the City of Bremerton limits. In accordance with the State Shoreline Management Act, the uses of SSWS are in the following order of preference: 1) Recognize and protect the statewide interest over local interest; 2) Preserve the natural character of the shoreline; 3) Result in long term over short-term benefit; 4) Protect the resources and ecology of the shoreline; 5) Increase public access to publicly owned areas of the shorelines; 6) Increase recreational opportunities for the public in the shoreline; 7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. Additionally, Port Orchard shorelines also include Washington Department of Natural Resources Harbor Areas that are reserved for commerce and navigation. In addition to the marine shorelines described above, the City contains one creek, Blackjack Creek, which meets the threshold of a shoreline of the state. According to information provided by the Kitsap Public Utilities District, which has a stream flow gauge in Blackjack Creek just downstream of the confluence of Ruby Creek, the average discharge for the years 2006 to 2009 was 18 cfs. To make an even breaking point for shoreline jurisdiction the confluence with the unnamed stream that merges underneath State Route 16 was selected as the end of shoreline jurisdiction for Blackjack Creek. The estuarine portion of Ross Creek is also a regulated shoreline of the state. The City also has portions of two lakes that qualify as shorelines of the state. Big Lake, in the extreme southwest portion of the City, is approximately 22 acres, with four of those acres within City limits. Square Lake is approximately 30 acres, with ten acres within city limits. Associated wetlands, deltas and floodways that are included in the shoreline jurisdiction are those that influence or are influenced by the regulated waters of Puget Sound. In general, a wetland is • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 138 of 388 Back to Agenda "associated" if all or a portion of the wetland falls within that area that is 200 feet from the OHWM. A wetland outside of this area may also be associated if it is in proximity to the shoreline and there is a demonstrated influence between the wetland and the shoreline. Such influence can include hydraulic continuity, such as surface or groundwater connection. City of Part 0rchar•d Shom]ine du risdicdon city.[ Port Orchard Port Orchard UGA Sindw Inlet Shoreline Jurisdiction Feet 0 9001.800 3•600 5 400 Figure 2.1 — City of Port Orchard Shoreline Jurisdiction 2.3 Relationship to Other Plans and Regulations Uses and developments regulated by this Program may also be subject to other provisions of the Port Orchard Municipal Code (POMC), the City of Port Orchard Comprehensive Plan, the Washington State Environmental Policy Act (SEPA — RCW 41.21C and WAC 197-11), and other local, state and federal laws. Project proponents are responsible for complying with all applicable laws prior to commencing any use, development or activity. Where this Program makes reference to any RCW, WAC, or other state or federal law or regulation, the most recent amendment or current edition shall apply. In the event this • - • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 139 of 388 Back to Agenda Program conflicts with other applicable County policies or regulations, all regulations shall apply and unless otherwise state, the more restrictive provisions shall apply. The Port Orchard SMP refers to the City's Comprehensive Plan, Zoning Code, Critical Areas Ordinance and other development plans and ordinances for which the SMP has relevance. Development within shoreline jurisdiction must also comply with zoning requirements, any special overlay districts, and the view protection overlay district as outlined in POMC Title 20. In case of conflict between the land use regulatory requirements and the SMP, the stricter requirement applies. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 140 of 388 Back to Agenda CHAPTER 3: SHORELINE INVENTORY SUMMARY 3.1 Introduction The City of Port Orchard completed its Shoreline Inventory and Characterization Report in July 2010. The purpose was to describe existing conditions along the Port Orchard shoreline to allow development of goals, policies, and regulations for the Shoreline Master Program. That document, and reference documents included in the Appendix, provide a comprehensive analysis of ecological health and the built environment along Port Orchard's shorelines, and serves as a baseline for measuring no net loss of shoreline ecological functions. The following are the documents that contain the most information about Port Orchard's shorelines and were relied upon to prepare the Inventory and Characterization Report. • City of Port Orchard Comprehensive Plan (City of Port Orchard, 2008) • East Kitsap County Nearshore Habitat Assessment and Restoration Prioritization Framework Batelle Marine Sciences Laboratory, 2009) • City of Port Orchard Shoreline Resource Analysis and Inventory (Applied Environmental Sciences, 2003) • Blackjack Creek Comprehensive Management Plan for the City of Port Orchard (Fish Pro, 1989) Additionally, a list of other data sources are cited in Appendix F of the Shoreline Inventory and Characterization Report, which is available online at www.cityofportorchard.us or at the Department of Community Development. 3.2 Study Area According to the Shoreline Management Act, found in WAC 173-26, and RCW 90.58, local jurisdictions must create a Shoreline Master Program (SMP) for any "shoreline of the state." These shorelines are generally described as all marine shorelines and shorelines of all other streams or rivers having a mean annual flow of 20 cfs (cubic feet per second) or greater and lakes with a surface area greater than 20 acres. Within City limits, there are just over three miles of Puget Sound shoreline, over two miles of Blackjack Creek shoreline, and portions of Big Lake and Square Lake, which are over 20 acres. Additionally, in the Urban Growth Area (UGA), there are nearly three miles of Puget Sound shoreline, portions of Blackjack Creek, and a portion of the west side of Big Lake. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 141 of 388 Back to Agenda 3.3 Summary of Findings 3.3.1 Sinclair Inlet Shoreline In the Inventory and Characterization document, the Sinclair Inlet shoreline was broken into eight segments. Segments 1 through 7 were within City limits, and Segment 8 was the UGA portion of the shoreline. The Sinclair Inlet shoreline is highly urbanized and physically altered, with approximately 89 percent of the shoreline being armored. There are also State highways, City Streets, and County roads along the entire length of the shoreline, with bridges or culverts constraining the streams that run to the Inlet. • - • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 142 of 388 Back to Agenda Much of the road bed areas, and most development waterward of the roads were built on fill and are protected by various types of shoreline armoring. Native vegetation has been removed from much of the Sinclair Inlet shoreline as well. Despite the altered state of the Sinclair Inlet shoreline, it is home to bald eagle perches, blue herons, and other shoreline birds. In addition, Sinclair Inlet has been designated as a nearshore refugia that includes portions of the shoreline. The refugia provides migration, foraging and rearing habitat for multiple salmonid species and other marine wildlife. The nearshore conditions also provide suitable spawning habitat for surf smelt and Pacific sand lance. 3.3.2 Blackjack Creek Shoreline Unlike the Sinclair Inlet shoreline, the majority of the Blackjack Creek shoreline is relatively intact. The mouth of the Creek, which is also covered in Segment 7 of the Inventory and Characterization report, has been highly altered with shoreline armoring, paving, and channelization. However, just upstream, the Blackjack Creek corridor becomes nearly a wilderness area, with natural vegetation, wildlife corridors, and a healthy salmon stream. In the Inventory and Characterization, Blackjack Creek was broken up into four segments, along lines determined in the Blackjack Creek Comprehensive Management Plan. Segment S1 is the most urbanized and altered from its natural state. Blackjack Creek contains important habitat for several salmonid species. Fish use in the creek includes large numbers of early chum salmon, including an early -returning stock that the Washington State Department of Fish and Wildlife considers to be rare. In addition, the creek supports significant numbers of late returning chum, coho salmon, and steelhead, searun cutthroat trout, and resident cutthroat. There has also been documented use of Blackjack Creek by fall Chinook salmon. The topography of the Blackjack Creek ravine has been a major factor in protecting the vegetation and resources of the Creek. It is extremely steep for the majority of the regulated area, and although it had been logged in the past, it has remained relatively untouched for several decades. 3.3.3 Lake Shorelines Due to the annexation of McCormick Woods, the City gained parts of two lakes that are big enough to qualify as a shoreline of the state, and must be included in the SMP. Square and Big Lakes are both less than 30 acres, and both share shoreline jurisdiction with Kitsap County. Neither of them are located entirely in the City. 3.3.3.1 Square Lake Approximately ten acres of Square Lake are located within the City of Port Orchard. The other twenty are entirely within Kitsap County jurisdiction, and are not within the UGA. There is just one property owner in the City within Square Lake jurisdiction, and the property is undeveloped. The area around Square Lake had been historically logged, but mature forests are present , and lack of human activity (there are only two houses that touch the lake, and the rest is State Park), allow for high vegetation function. =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 143 of 388 Back to Agenda 3.3.3.2 Big Lake Big Lake (also known as Big Pond) lies in a shallow depression west of the McCormick Woods housing development. The lake is very shallow, and is long and narrow, heading from the northeast to the southwest, and lies within City limits for four of its 22 acres. The remaining area lies within the South Kitsap UGA and unincorporated Kitsap County. There are two property owners within City shoreline jurisdiction, one of them being the McCormick Woods Homeowners Association, which maintains trails near the lake and its associated wetlands. Big Lake is inaccessible by car or public transportation, and public access is limited to bikes and walkers who are homeowners (or guests of homeowners) in the McCormick Woods housing development. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 144 of 388 Back to Agenda CHAPTER 4: SHORELINE ENVIRONMENTS Shoreline environment designations are required by WAC 173-26-211, and are intended to serve as a tool for applying the statewide policies to local shorelines. Environment designations are assigned to reflect the type of development that has taken place over time, as well as development, or the lack of it, that should take place in the future in order to preserve ecological function. 4.1 Applicability The City of Port Orchard classification system consists of five shoreline environments that are contained in the recommended classification system identified in WAC 173-26-211(5). The State's Shoreline Master Program Guidelines describe the purpose of environment designations in WAC 173-26-191(1(d)). Shoreline management must address a wide range of physical conditions and development settings along shoreline areas. Effective shoreline management requires that the Shoreline Master Program prescribe different sets of environmental protection measures, allowable use provisions, and development regulations for each shoreline segment. Assigning shoreline designations, each with different policies and regulatory measures, provides a regulatory framework for environmental protection and development depending on the development and resources present in specific areas. The Port Orchard classification system consists of five shoreline environment designations consistent with the SMA (RCW 90.58), the Shoreline Master Program Guidelines (WAC 173-26), and the City of Port Orchard Comprehensive Plan. The five shoreline environments are: • High -Intensity • Shoreline Residential • Urban Conservancy • Natural • Aquatic 4.2 Official Shoreline Map The official Shoreline Environment Designation maps can be found in Appendix A. Pursuant to RCW 90.58.040, the maps illustrate the shoreline environment designations that apply to all shorelines of the state within the City of Port Orchard's jurisdiction. The lateral extent of the shoreline jurisdiction shall be determined for specific cases or development proposals based on the location of the ordinary high water mark (OHWM), floodway, and the presence of associated wetlands. In the event of a mapping error, the City will rely upon the boundary descriptions and the criteria in the sections below. • - City of Port Orchard Shoreline Master Program I September 3, 2021 Page 145 of 388 Back to Agenda Legend Shoreline segments PO Crry 6oundery Watercourses URBAN CON BBRVANCY _ HIGH INTENSITY NATURAL SHORELINE RESIDENTIAL Vrban Growth Area 0 0.25 0.5 1 Miles City of Port Orchard: Shoreline Environmental Designations Overview of Shoreline Designations from Appendix A 4.3 High -Intensity Environment 4.3.1 Purpose The purpose of the "high -intensity" environment is to provide for high -intensity water -oriented commercial, mixed -use, transportation, and industrial uses while protecting existing ecological functions. 4.3.2 Management policies. a) First priority should be given to water -dependent uses. Second priority should be given to water -related and water -enjoyment uses. b) Full utilization of existing urban areas should be achieved before further expansion of intensive development is allowed. Reasonable long-range projections of regional economic need should guide the amount of shoreline designated "high -intensity." However, consideration should be given to the potential for displacement of non -water oriented uses with water oriented uses when analyzing full utilization of urban waterfronts and before considering expansion of such areas. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 146 of 388 Back to Agenda c) Policies and regulations should assure no net loss of shoreline ecological functions as a result of new development. Where feasible, new development shall include environmental cleanup and restoration of the shoreline to comply with any relevant state and federal law. d) Visual and physical public access should be required as provided for in WAC 173-26- 221(4)(d). e) Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative buffers. 4.3.3 Designation Criteria A "high -intensity" environment designation will be assigned to shoreline areas within City limits, as described by RCW 36.70A.070 if they currently support high -intensity uses related to commerce, transportation or navigation, mixed -use or multi -family residential; or are suitable and planned for high - intensity water -oriented uses. 4.4 Shoreline Residential Environment 4.4.1 Purpose The purpose of the "shoreline residential" environment is to accommodate residential development and appurtenant structures that are consistent with this chapter. A secondary purpose is to provide appropriate public access and recreational uses. 4.4.2 Management policies a) Standards for density or minimum frontage width, setbacks, lot coverage limitations, buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality shall be set to assure no net loss of shoreline ecological functions, taking into account the environmental limitations and sensitivity of the shoreline area, and the level of infrastructure and services available. b) Multifamily and multi -lot residential and recreational developments should provide public access and joint use for community recreational facilities. c) Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development. d) Commercial development should be limited to water -oriented uses, home professions, or home occupations as described in POMC Title 20, and as allowed by the underlying zoning district. 4.4.3 Designation Criteria A "shoreline residential" environment designation is assigned to shoreline areas inside city limits or the South Kitsap urban growth area, if they are predominantly single-family or multifamily residential development or are planned and platted for residential development. 4.5 Urban Conservancy Environment 4.5.1 Purpose. The purpose of the "urban conservancy" environment is to protect and restore ecological functions of open space, floodplain and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses. It should be applied to those areas where most benefit the public if their existing character is maintained, but can also tolerate limited development. =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 147 of 388 Back to Agenda 4.5.2 Management policies. (a) Uses that preserve the natural character of the area or promote preservation of open space, floodplain or sensitive lands either directly or over the long term should be the primary allowed uses. Uses that result in restoration of ecological functions should be allowed if the use is otherwise compatible with the purpose of the environment and the setting. (b) Standards should be established for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications within the "urban conservancy" designation. These standards should ensure that new development does not result in a net loss of shoreline ecological functions or further degrade other shoreline values. (c) Public access and public recreation objectives should be implemented whenever feasible and significant ecological impacts can be mitigated. (d) Water -oriented uses should be given priority over non -water oriented uses. For shoreline areas adjacent to commercially navigable waters, water -dependent uses should be given highest priority. 4.5.3 Designation Criteria An "urban conservancy" environment designation is assigned to shoreline areas appropriate and planned for development that is compatible with maintaining or restoring of the ecological functions of the area, that are not generally suitable for water -dependent uses, if any of the following characteristics apply: (a) They are suitable for water -related or water -enjoyment uses; (b) They are open space, flood plain or other sensitive areas that should not be more intensively developed; (c) They have potential for ecological restoration; (d) They retain important ecological functions, even though partially developed; or (e) They have the potential for development that is compatible with ecological restoration. Any shorelines that have been left undesignated shall be assigned an Urban Conservancy designation per WAC 173-26-211(2)(e). 4.6 Natural Environment 4.6.1 Purpose The purpose of the "natural" environment is to protect those shoreline areas that are relatively free of human influence or that include intact or minimally degraded shoreline functions intolerant of human influence or that include intact or minimally degraded shoreline functions intolerant of human use. These systems require that only very low intensity uses be allowed in order to maintain the ecological functions and ecosystem -wide processes. Consistent with the policies of the designation local jurisdictions should include planning for restoration of degraded shorelines within this environment. 4.6.2 Management policies Any use that would substantially degrade the ecological functions or natural character of the shoreline should not be allowed. The following new uses should not be allowed in the "natural" environment: a) Commercial Uses b) Industrial uses c) High -intensity recreational uses • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 148 of 388 Back to Agenda d) Roads, utility corridors, and parking areas that can be located outside of "natural" -designated shorelines. e) Single-family residential development may be allowed as a conditional use within the "natural" environment if the density and intensity of such use is limited as necessary to protect ecological functions and be consistent with the purpose of the environment. f) Commercial forestry may be allowed as a conditional use in the "natural" environment provided it meets the conditions of the State Forest Practices Act and the City of Port Orchard Critical Areas Ordinance and its implementing rules and is conducted in a manner consistent with the purpose of this environment designation. g) Agricultural uses of a very low intensity nature may be consistent with the Natural Environment when such use is subject to appropriate limitations or conditions to assure that the use does not expand or alter practices in a manner inconsistent with the purpose of the designation. h) Scientific, historical, cultural, educational research uses, and low -intensity water -oriented recreational access uses may be allowed provided that no significant ecological impact on the area will result. i) New development or significant vegetation removal that would reduce the capability of vegetation to perform normal ecological functions should not be allowed. Do not allow the subdivision of property in a configuration that, to achieve its intended purpose, will require significant vegetation removal or shoreline modification that adversely impacts ecological functions. That is, each new parcel must be able to support its intended development without significant ecological impacts to the shoreline ecological functions. 4.6.3 Designation Criteria. A "natural" environment designation is assigned to most of the Blackjack Creek shoreline, within City limits, but outside of the downtown area. It is also assigned to Blackjack Creek within the South Kitsap Urban Growth Area. Areas assigned the "natural' designation contain the following characteristics: a) The shoreline is ecologically intact and therefore currently performing an important, irreplaceable function or ecosystem -wide process that would be damaged by human activity; b) The shoreline is considered to represent ecosystems and geologic types that are of particular scientific and educational interest; or c) The shoreline is unable to support new development or uses without significant adverse impacts to ecological functions or risk to human safety. d) Such shoreline areas include largely undisturbed portions of shoreline areas such as wetlands, estuaries, unstable bluffs, coastal dunes, spits, and ecologically intact shoreline habitats. Shorelines inside or outside urban growth areas may be designated as "natural." Ecologically intact shorelines, as used here, means those shoreline areas that retain the majority of the natural shoreline functions, as evidenced by the shoreline configuration and the presence of native vegetation. Generally, but not necessarily, ecologically intact shorelines are free of structural shoreline modifications, structures, and intensive human uses. 4.7 Aquatic Environment 4.7.1 Purpose. The purpose of the "aquatic" environment is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high-water mark. • - • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 149 of 388 Back to Agenda 4.7.2 Management policies. (a) Allow new over -water structures only for water -dependent uses, public access, or ecological restoration. (b) The size of new over -water structures should be limited to the minimum necessary to support the structure's intended use. (c) In order to reduce the impacts of shoreline development and increase effective use of water resources, multiple uses of over -water facilities should be encouraged. (d) All developments and uses on navigable waters or their beds should be located and designed to minimize interference with surface navigation, to consider impacts to public views, and to allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. (e) Uses that adversely impact the ecological functions of critical saltwater and freshwater habitats should not be allowed except where necessary to achieve the objectives of RCW 90.58.020, and then only when their impacts are mitigated according to the sequence described in WAC 173-26-201(2)(e) as necessary to assure no net loss of ecological functions. (f) Shoreline uses and modifications should be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions. 4.7.3 Designation Criteria An "aquatic" environment designation is assigned to lands waterward of the ordinary high-water mark. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 150 of 388 Back to Agenda CHAPTER 5: MASTER PROGRAM ELEMENTS AND GOALS 5.1 Introduction The City of Port Orchard is required to address master program elements, as listed in RCW 98.58.100(2). The Master goal for the shorelines is as follows: To plan for shoreline uses that enhance, promote, and protect the balance between the sensitive ecology of Port Orchard's shoreline and its urban development. 5.2 Economic Development To encourage economic development that is sensitive to the shoreline environment, is water -related or dependent, and benefits the community. Enhance Port Orchard's appeal as a boating destination for commercial and pleasure vessels while supporting and encouraging maritime businesses, boatyards, and boat repair facilities, recognizing that Port Orchard is one of few remaining places for boat repair on the west side of Puget Sound. 5.3 Public Access Enhance public access to City shorelines and preserve views of the shoreline and water, while maintaining safety and respect for adjacent private property. Public access includes the ability of the general public to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. 5.4 Recreation Improve and maintain the publicly owned shorelines dedicated to public recreation and develop their potential for visitors and citizens while recognizing the importance of existing park, trail and recreation areas. Ensure that water -oriented recreational uses are permitted in the shoreline area when consistent with the goals, policies and regulations of this SMP. 5.5 Transportation To achieve safe, convenient, and diversified circulation systems to provide public access to the shoreline, efficient movement of people and goods, with minimum disruption to the shoreline environment and minimum conflict among shoreline uses and between shoreline users and abutting upland areas, while maintaining vital shoreline rod and ferry links. 5.6 Shoreline Use Coordinate the regulation for a variety of shoreline uses which result in long-term rather than short term benefits. 5.7 Conservation Preserve, protect, and restore shoreline vegetation and wetlands, as practical, to optimize the support of wild, botanic, and aquatic life, as it exists today, with the goal of achieving no net loss of ecological functions. • - City of Port Orchard Shoreline Master Program I September 3, 2021 Page 151 of 388 Back to Agenda 5.8 Historic, Cultural, Scientific, and Educational Prevent the destruction or damage of any site having historic, cultural, scientific , or educational value, as identified by the appropriate authorities, including the State Office of Archaeology and Historic Preservation and affected tribes. 5.9 Flood Hazard Reduction To protect public and private infrastructure and property from loss and damage created by flood events, including increased coastal flooding caused by sea level rise. 5.10 Climate Change and Sea Level Rise To protect coastal resources, both natural and man-made, from the deleterious effects of sea level rise over time due to climate change, including but not limited to: increased coastal flooding, loss of shoreline habitat, saltwater intrusion, damage to public and private improvements and infrastructure, and mobilization of contaminated sediments. • - • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 152 of 388 Back to Agenda CHAPTER 6: GENERAL SHORELINE MASTER PROGRAM POLICIES & REGULATIONS Development and use proposals may involve a number of uses and shoreline modifications and must comply with the policies and regulations for each. Each project is reviewed for compliance with the applicable "use" policies and regulations in this Chapter and with the applicable policies and regulations in the applicable Chapters of this Master Program. For example, uses associated with a new marina may include boat launches, industrial and port facilities, parking facilities, and recreational facilities. Construction of a marina may involve numerous shoreline modifications, including dredging, dredge spoil disposal, a jetty or breakwater, and perhaps landfill. All shoreline developments and uses must comply with the policies and standards of this Master Program whether or not a shoreline substantial development permit is required The general policies are to be generally applied to all shoreline areas, without regard to environment designation. The provisions are established in WAC 173-26-221. The policies incorporate much of the existing Shoreline Master Program content, as well as significant incorporation of the "principles" sections that are listed in the WAC. Specific conditions that ensure such compliance may be attached as a condition of permit approval. Shoreline uses specifically listed are permitted outright or eligible for consideration as a shoreline variance or shoreline conditional use permit. However, if the use is permitted, deviations from the minimum performance standards may be approved under a shoreline variance unless specifically stated otherwise. The performance standards contained herein augment standards established through other land development regulations. Where conflict arises between these and other applicable controls, the regulations that provide more protection to the shoreline area shall apply. All provisions of this Shoreline Master Program are enforceable provided no reasonable alternative exist, or when the alternative would result in unreasonable and disproportionate cost to the landowner. -If redevelopment or expansion of a nonconforming structure or use is proposed, or if redevelopment or If is proposed to take place within a shoreline buffer, the redevelopment or expansion must comply with the underlying zoning of the property as well as Appendix C of this Master Program. 6.1 Applicability The provisions in this chapter shall be applied either generally to all shoreline areas or to shoreline areas that meet the specified criteria of the provision without regard to environment designation. These provisions address certain elements as required by RCW 90.58.100(2) and implement the principles as established in WAC 173-26-186. 6.2 Archaeological and Historical Resources The following provisions apply to archaeological and historic resources that are either recorded at the State Historic Preservation Office and/or by local jurisdictions or have been inadvertently uncovered. Archaeological sites located both in and outside shoreline jurisdiction are subject to RCW 27.44.055 and RCW 27.56 and development or uses that may impact such sites shall comply with WAC 25-48. =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 153 of 388 Back to Agenda Management Policies SMP-GP-1 Prevent the destruction or damage of any site having historic, cultural, scientific, or educational value, as identified by the appropriate authorities, including the state office of Archaeology and Historic Preservation and the Suquamish Tribe. Development Regulations G-DR 1 Developers and property owners must immediately stop excavation work in the immediate vicinity and notify the local government, the Office of Archaeology and Historic Preservation and affected Indian tribes if archaeological resources are uncovered during excavation. G-DR 2 Permits issued in areas with a high probability for unrecorded archaeological resources or that are documented to contain archaeological resources may require a site inspection or evaluation by a professional archaeologist in consultation with the Washington State Department of Archaeology and Historic Preservation and the Suquamish Tribe. 6.3 Critical Areas The shorelines in the City of Port Orchard, and the associated Urban Growth Area, are largely developed. Within shoreline jurisdiction there are many other types of critical areas that have been identified to be protected. All critical areas, including marine shorelines, have been provided regulatory protection with the incorporation of relevant regulations of the 2017 update of the Port Orchard Critical Areas Ordinance in Section 1.6.B. With the implementation of the critical areas policies listed below, the Port Orchard Shoreline Master Program provides for management of critical areas, can be implemented, and is consistent with RCW 90.58.090(4) and WAC 173-26-221. a. Wetlands Management Policies SMP-GP-2 Exhibit, at a minimum, no net loss of wetland area and function for wetlands associated with the shoreline and with Blackjack Creek and the Ross Creek estuary. SMP-GP-3 Grading, filling, draining, flooding, or dredging within regulated wetland areas, including those associated with Blackjack Creek and the Ross Creek estuary, should be prohibited. Development Regulations G-DR 3 All development proposals on lands containing wetlands within shoreline jurisdiction shall follow all regulations regarding the rating, categorization, delineation and protection of wetlands, and the establishment and maintenance of wetland buffers, as set forth in Section 1.6.B. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 154 of 388 Back to Agenda b. Geologically Hazardous Areas Management Policies SMP-GP-4 New development or the creation of new lots that would cause reasonably foreseeable risk to people or improvements over the life of the development should be prohibited. SMP-GP-S Development that would require structural shoreline stabilization over the life of the development should be prohibited in accordance with WAC 173-26-221 (2(c)). SMP-GP-6 Structural shoreline stabilization measures will be allowed to protect existing primary residential structures and properties in conformance with WAC 173-26-221(ii). Development Regulations G-DR 4 All development proposals on land containing geologically hazardous areas within shoreline jurisdiction shall follow all regulations set forth in Section 1.6.13. c. Critical Saltwater Habitats Critical saltwater habitats provide important ecological functions, and therefore require a higher level of protection. While Sinclair Inlet does not have known kelp or eelgrass beds, it does have spawning and holding areas for forage fish such as smelt and sandlance, as well as migratory routes for salmon. Management Policies SMP-GP-7 Development within areas identified as critical saltwater habitats for anadromous fish habitat, or eagle use and buffer, shall comply with all state and federal regulations for protection of listed species and their habitats. SMP-GP-8 Repair and reconstruction of existing legal structures or facilities within critical saltwater habitats may be permitted, provided that identified adverse impacts shall be mitigated to encourage no net loss of ecological function. SMP-GP-9 When development is proposed on a property that includes tidelands or submerged lands designated as critical saltwater habitat, provisions should be included in the development application that address protection, enhancement and potential restoration of habitat areas. Development Regulations G-DR 5 Structures, developments, and uses, including marinas, docks, piers, mooring areas, underwater parks, utilities, and shoreline modifications, may not intrude into or be built over critical saltwater habitat unless the applicant can demonstrate that the following criteria can be met: a. An alternative alignment or location is not feasible. b. The project is designed to minimize its impacts on critical saltwater habitats and the shoreline environment. • - City of Port Orchard Shoreline Master Program I September 3, 2021 Page 155 of 388 Back to Agenda c. Impacts to critical saltwater habitat functions can be mitigated to result in equal or better ecological function. d. The facility is a public facility and is in the public interest. G-DR 6 In areas not previously identified as critical saltwater habitat, the project proponent shall submit appropriate studies to determine whether critical saltwater habitats exist, whenever the following two conditions are applicable: a. The proposed development, use or activity has the potential to cause significant adverse impacts to a critical saltwater habitat; and b. The beach or saltwater area that may be directly impacted by the proposed development, use or activity is the type of environment in which a critical saltwater habitat has been demonstrated to occur. G-DR 7 Except as a habitat improvement or restoration measure, aquatic herbicide treatments, mechanical removal of vegetation and aquatic pesticide treatments may not be used on critical saltwater habitats. Use of aquatic herbicide treatments are to be discouraged. G-DR 8 Sand, gravel, or other materials may neither be added nor removed from critical saltwater habitats, except when part of an approved restoration project or as allowed in G-DR 5 above. G-DR 9 New outfalls (including stormwater and treated sewer outfalls) and discharge pipes are discouraged from being located in critical saltwater habitats or areas where outfall or discharge will adversely affect critical saltwater habitats unless the applicant can show that the majority of the following can be met: a. There is no feasible alternative location for the outfall or pipe. b. The outfall or pipe is placed below the surface of the beach or bed of the water body. c. The outfall discharges waterward of the subtidal zone. d. The disturbed area will be revegetated with native plants. e. The discharge point(s) on the outfall or discharge pipes is located so that the discharges, including nutrients in the discharge and currents, do not adversely affect critical saltwater habitats. d. Critical Freshwater Habitats Critical freshwater habitat within Port Orchard City limits is limited to the Blackjack Creek corridor and the estuarine portion of Ross Creek. Ecological functions of streams depend upon continuity and connectivity along the shoreline and the conditions of the surrounding lands on either side of the channel. Improper stormwater, sewer, or industrial outfalls and unmanaged clearing and grading can degrade ecological functions downstream thereby altering hydrographic conditions, raising water temperatures resulting in the corridor being inhospitable to priority species and posing flood risks to human health, safety and property. Management Policies • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 156 of 388 Back to Agenda SMP-GP-10 The City shall take special care when reviewing and inspecting development projects that discharge stormwater toward Blackjack Creek and the Ross Creek estuary. SMP-GP-11 Where appropriate, the City should integrate protection of critical freshwater habitat with flood hazard reduction and other stream management provisions. SMP-GP-12 The City should encourage, assist, and facilitate appropriate restoration projects, as appropriate. SMP-GP-13 Realignment or rechannel ization, clearing of adjacent native vegetation or large woody debris, and water withdrawals and diversion from the Blackjack Creek shoreline should be prohibited except for purposes of habitat restoration and enhancement, recreation and public access. Development Regulations G-DR 10 All development proposals within the Blackjack Creek shoreline jurisdiction or the Ross Creek estuary shoreline jurisdiction shall be subject to the provisions of Section 1.6.B. 6.4 Flood Hazard Reduction Flood hazard reduction may consist of both structural and nonstructural measures. Flood hazard reduction nonstructural measures may include such measures as setbacks, land use controls, wetland restoration, relocation of a use, and stormwater management programs. Further, flood hazard reduction may take the form of structural measures, such as dikes, levee, revetments, flood walls, channel realignment, and elevation of structures. Management Policies SMP-GP-14 Discourage future non -water dependent development, including redevelopment and expansion of existing non -water dependent development in areas lying at or below the 100 year flood elevation, unless flood hazard is reduced by removing, moving, elevating, and/or building structures at new, higher elevations. Flood hazard reduction may also include adding freeboard to existing shoreline armor in areas that are frequently flooded (i.e. within a 100-year flood hazard area) landward of existing shoreline armor, in compliance with FEMA requirements for coastal flood protection structures. SMP-GP-15 Discourage alterations to stream systems' natural hydrological and geomorphological processes. SMP-GP-16 When feasible, give preference to nonstructural flood hazard reduction measures over structural measures, except that in areas that are frequently flooded (i.e. within a 100-year flood hazard area) landward of existing shoreline armor, hazard reduction measures may include adding freeboard to existing shoreline armor. SMP-GP-17 Ensure to the greatest extent feasible that flood hazard protection measures do not result in a net loss of ecological functions. SMP-GP-18 The creation of new lots or tracts that would be located entirely within a 100-year flood hazard area should not be allowed, unless the intent of the subdivision is for the lot or =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 157 of 388 Back to Agenda tract to remain undeveloped for the purposes of ecological restoration and/or development setback, consistent with the City's flood damage prevention and subdivision regulations (POMC Title 20). SMP-GP-19 Public utility and transportation structures are allowed, provided no reasonable alternative exists, in areas where such structures currently exist, or where the alternative would result in unreasonable and disproportionate costs. SMP-GP-20 The City shall create and maintain for public reference and planning purposes a coastal flood risk map which shows the City's base 100 year coastal flood elevation areas at the time of map creation, and includes a future projection of any additional areas which have at least a 50% probability of being flooded within 20 years. This map shall be based on best available science provided by the State of Washington and shall be updated, at minimum, with each required periodic and comprehensive update of the City's shoreline master program. SMP-GP-21 For each required periodic and comprehensive update to the City's shoreline master program, the City shall evaluate the program's coastal flood hazard reduction policies and development regulations, and coastal flood risk map, and shall revise them according to best available science provided by the State of Washington. SMP-GP-22 The City should map all shoreline locations in which there are known contaminated sediments, and develop a long-term plan to evaluate and address those in need of attention due to risk of mobilization due to coastal flooding. Development Regulations G-DR 11 Proposals for new structural flood hazard reduction measures shall be required to provide scientific and engineering documentation that such measures will protect existing structures, that they are consistent with the City's flood damage prevention regulations (POMC Title 20), that nonstructural measures are not reasonable, and that impacts on ecological functions are mitigated to encourage no net loss. G-DR 12 New or expanded development or uses in the shoreline zone, including the subdivision of land, that would require structural flood control works within a 100 year flood hazard area, a stream, a channel migration zone and/or a floodway are prohibited. G-DR 13 As part of the City's shoreline permit application review process, all proposed development and redevelopment activities in the City's shoreline requiring a permit shall determine and disclose whether any sediment material on the development site, including fill, is contaminated and requires remediation to prevent spread of contamination through mobilization due to coastal flooding events. This requirement applies whether or not the contaminated area on the site will be disturbed as part of the development process. If contaminated sediment at risk of mobilization is determined to be present, the City shall require a remediation plan as a condition of shoreline permit approval. The City may require independent review at the applicant's expense of findings and recommendations regarding contamination and remediation, by a hydrologist, geologist, engineer or other qualified professional. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 158 of 388 Back to Agenda 6.5 Public Access Public access includes the ability of the general public to reach, touch, and enjoy the water's edge, to travel on waters of the state, and to view the water and the shoreline from adjacent locations. Water views are currently easily accessible to the public from waterfront roadways, including SR 166, Bay Street, and Beach Drive, which are located very close to the shoreline for the entire length of the City and the Port Orchard Urban Growth Area. Management Policies SMP-GP-23 Promote and enhance the public interest with regard to rights to access waters held in public trust by the state while protecting private property rights and public safety. SMP-GP-24 Protect the rights of navigation and commerce, and the space necessary for water - dependent uses. SMP-GP-25 Protect the public's opportunities to enjoy the physical and aesthetic qualities of the shorelines, including views of the water, to the greatest extent feasible. SMP-GP-26 Regulate the design, construction, and operation of permitted uses in the shorelines of the state to minimize, insofar as practical, interference with the public's use of the water. SMP-GP-27 Continue to acquire easements and/or require construction of future segments of the Mosquito Fleet Trail. SMP-GP-28 The City shall retain and protect existing shoreline parks, trails, and other opportunities for the public to access and enjoy the Sinclair Inlet shoreline and to view the shoreline and water views from public property and roadways. SMP-GP-29 In compliance with WAC 173-26-221(4), or as subsequently amended, require the dedication and improvement of public access in developments for water -enjoyment, water - related, and water -dependent uses and for the subdivision of land into more than four parcels when either partially or completely within shoreline jurisdiction. SMP-GP-30 New shoreline development or major redevelopment by public entities, including local governments, port districts, state agencies and public utility districts, shall include public access as part of each development project, unless such access is demonstrated to be incompatible due to reasons of safety, security or environmental impacts. SMP-GP-31 Pursue funding and acquisition of property and easements for trails serving the shoreline, including the Mosquito Fleet Trail and the Blackjack Creek Wilderness Trail. SMP-GP-32 The City shall not vacate any public right-of-way that abuts or connects to shorelines, unless the use of such right-of-way for shoreline access is determined to present a public health or safety risk that would prevent such use for access. SMP-GP-33 Public access and use improvements are encouraged to result in no net loss of ecological function. SMP-GP-34 The City should encourage conversion into water -enjoyment, public access, or recreational uses of the Department of Natural Resource owned portion of the waterfront parking area within the downtown. • - • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 159 of 388 Back to Agenda Development Regulations G-DR 14 All waterfront development proposals within the High Intensity environment shall provide public physical access to the City's waterfront pedestrian boardwalk and/or other public waterfront amenities where feasible, except in cases of public safety, security or impacts to the shoreline environment. If such access is provided, no additional public shoreline physical access will be required. If such access is not feasible, alternative public physical or view access to the shoreline, such as open space or a viewing deck or platform, shall be provided. All new non -water -oriented commercial or industrial uses shall provide public access or ecological restoration, where feasible, to ensure that the proposed use provides a significant public benefit with respect to the Shoreline Management Act objectives. G-DR 15 Alternatives to on -site, physical access to the shoreline may be approved if the applicant can demonstrate to the satisfaction of the City that shoreline access is infeasible. Alternatives may include, but are not limited to: a. Publicly accessible rooftop decks. b. Off -site public access, such as improvement to a nearby street end, an offsite viewpoint, or a trail system, purchase of land or an easement at a location appropriate for future access improvements. c. A payment in lieu agreement with the City in accordance with RCW 82.02.020. G-DR 16 When required, public access sites shall be fully developed and available for public use at the time of occupancy or use of the development or activity, except where the City determines an appropriate mechanism such as development agreement for delayed public access implementation is necessary for practical reasons. G-DR 17 Where deemed necessary to protect ecological functions and ensure no net loss, the easement may encourage a buffer of native vegetation between the OHWM and the public access walkway. G-DR 18 Public access easements and permit conditions shall be recorded in an appropriate manner with the Kitsap County Auditor's Office. G-DR 19 If Public access hours are to be limited for access easements, they must be approved by the City Council and are required to include signage installed by the applicant and posted on the site. G-DR 20 Public access sites are encouraged to be connected directly to the nearest public area (e.g. street, public park, or adjoining public access easement). Where connections are not currently possible, the site shall be designed to accommodate logical future connections. G-DR 21 Public access sites shall be made barrier free for the physically disabled, where feasible, and designed consistent with the Americans with Disabilities Act. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 160 of 388 Back to Agenda G-DR-22 Public access landscape design, when required shall use predominantly native vegetation (60 percent or greater), particularly saline tolerant plant species. Landscape buffers may be incorporated where desirable to provide public/private space separation. G-DR 23 Natural elements such as logs, rocks, shrubs, trees, and elevation separations are encouraged as a means to define the separation between public and private space. G-DR 24 New multi -family residential development bordering public space designed for shoreline access shall be clearly delineated from adjacent public pathways to provide a visual privacy separation between uses. A grade separation may be a means of delineation and would not be required on the upland side of a development. G-DR 25 The City may require the installation of benches, bicycle racks, pet waste, garbage and recycling receptacles, educational signage, and other street furniture at shoreline public access points commensurate with the degree of project impact. Where required, a. Benches shall be set back from a walkway or path so that the path is not encumbered when the benches are in use. Benches shall be at least 4 feet in length. b. Provisions for maintenance will be encouraged to be required as a condition of permit approval. 6.6 Shoreline Vegetation Conservation The City of Port Orchard's Sinclair Inlet shoreline has been historically heavily developed. A result of the historical maritime, transportation, and industrial use of the Sinclair Inlet waterfront has resulted in very little native vegetation existing or being preserved. The Blackjack Creek shoreline, however, has remained in a mostly natural state. Shoreline vegetation has been determined to provide shade necessary to maintain cool temperatures required by salmonids, provides food for fish in the form of insects, stabilizes banks, minimizes erosion, and reduces the occurrence of landslides. Vegetation also provides critical wildlife habitat, including migration corridors and feeding, watering, rearing, and refugia areas. Management Policies SMP-GP-35 The City shall develop and apply standards and regulations that require shoreline development and uses to meet the no net loss standard for maintenance of shoreline ecological function. SMP-GP-36 Native vegetation should be preserved to the greatest extent feasible while providing for the removal of noxious weeds and vegetation that poses a risk to property, or safety or ecological function. SMP-GP-37 Introduction of invasive non-native plants and noxious weeks shall be discouraged. Development Regulations G-DR 26 Existing native shoreline vegetation in an Aquatic Environment or within a shoreline buffer, should be preserved and protected, with limited exceptions for water dependent, water • - City of Port Orchard Shoreline Master Program I September 3, 2021 Page 161 of 388 Back to Agenda enjoyment, public recreation and public access uses, maintenance of public views, and "reasonable use" on undeveloped parcels located entirely or primarily within the shoreline buffer. G-DR 27 Land within shoreline and critical buffer areas extending from marine ordinary high water mark, shall be considered vegetation conservation areas. Native shoreline vegetation that has not been otherwise disturbed by legal means shall be preserved to the maximum extent feasible within the vegetation conservation area consistent with safe construction practices, and other provisions of this chapter. Native trees and shrubs shall be preserved, the maximum extent feasible, to maintain and provide shoreline ecological functions such as habitat, shade, and slope stabilization. G-DR 28 In all cases where clearing is followed by revegetation, native plants shall be preferred. Lawns are discouraged due to their limited erosion control value, limited water retention capacity and associated chemical and fertilizer applications. Non-native plants are to be discouraged. G-DR 29 The following minimum standards for shoreline and critical area vegetation conservation shall apply: a. No more than 15 percent of the area with native shoreline vegetation shall be cleared within the vegetation conservation area, without mitigation. b. All native trees in the vegetation conservation area over 18 inches in diameter at breast height shall be retained. Trees determined by the City to be hazardous or diseased may be removed. Replacement of non-native vegetation with native species shall be done in a manner that will not leave soil bare or vulnerable to erosion. c. The Shoreline Administrator may allow removal of vegetation exceeding that described above where an applicant agrees to replacement plantings and a mitigation plan. G-DR 30 All clearing and grading activities shall be limited to the minimum necessary for the permitted development. G-DR 31 Exposed soils shall be immediately developed or revegetated to prevent erosion. G-DR 32 Revegetation must be planted such that complete coverage of exposed soils is attained within one growing season. G-DR 33 Clearing and grading within required shoreline setbacks shall only be permitted upon approval of a detailed landscape plan for revegetation. (The Shoreline Administrator may waive this requirement when potential impacts to shoreline resources are insignificant). The landscape plan shal include: a. A map illustrating the distribution of existing plant communities in the area proposed for landscaping. The map must be accompanied by a description of the vegetative condition of the site, including plant species, plant density, any natural or man-made disturbances, overhanging vegetation, and the functions served by the existing plan community (e.g., fish and wildlife habitat values, slope stabilization). b. If applicable, a description of the intertidal shade conditions created by existing vegetation. This description shall include an inventory of overhanging vegetation as well as a • - • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 162 of 388 Back to Agenda determination of how much shade is created in the intertidal zone by standing trees, during midday at midsummer. C. A detailed landscape map indicating which areas will be preserved and which will be cleared, including tree removal. d. Drawings illustrating the proposed landscape scheme, including the type, distribution, and density of plants. Any pathways or nonvegetated portions should be noted. e. A description of any vegetation introduced for the purposes of fish and wildlife habitat. Significant loss of wildlife habitat shall be mitigated in accordance with Chapter 6 of this master program. If on -site mitigation is not possible, off -site mitigation shall be permitted at a minimum replacement ratio of one-to-one (1:1 habitat lost to habitat replaced). The revegetation landscaping required by this regulation shall meet the following standards: f. At the time of planting, shrubs must be at least eighteen (18) inches high. Shrubs should be planted such that within two years the shrubs will cover at least sixty percent (60%) of the area that would be covered when the shrubs have attained a mature size. At the time of planting, deciduous trees must be at least two (2) inches in caliper as measured one (1) foot above grade, and coniferous trees must be at least five (5) feet in height. g. The applicant may be required to install and implement an irrigation system to ensure survival of vegetation planted. For remote areas lacking access to a water system, an alternative method (e.g., hand watering) may be approved. h. For a period of two (2) years after initial planting, the applicant shall replace any unhealthy or dead vegetation planted as part of an approved landscape plan. For a minimum of five (5) years after initial planting, the applicant shall mechanically remove any invasive vegetation. The use of herbicides will not be allowed in the control of invasive vegetation. G-DR 34 Stabilization of exposed erosional surfaces along shorelines shall, whenever feasible, utilize soil bioengineering techniques. G-DR 35 All shoreline development and activity shall use effect measures to minimize increases in surface water runoff that may result from clearing and grading activity. The applicant must implement best management practices (BMPs) for clearing, grading and erosion control under the City's engineering design standards, and must obtain a site development permit from the City's Public Works Department. G-DR 36 The City may require a performance bond as a condition of permit approval, to ensure compliance with this Program. G-DR 37 The City shall require, where feasible, restoration of native shoreline and aquatic vegetation in mitigation and restoration plans and in stormwater management for redevelopment activities within the shoreline area. G-DR 38 Redevelopment activities in the High Intensity (HI) shoreline environment designation shall comply with the shoreline vegetation conservation and restoration requirements of Appendix E of this plan, in addition to any other applicable City requirements and regulations. =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 163 of 388 Back to Agenda 6.7 Climate Change and Sea Level Rise Management Policies SMP-GP-38 The City should create specific development and building design standards for the downtown shoreline that address issues related to coastal hazards and impacts from future sea level rise, including but not limited to: coastal flooding, earthquake liquefaction and tsunami risk, saltwater intrusion, mobilization of contaminated sediments, and impacts to geologic hazard areas. Development Regulations G-DR-39 During each periodic review of the City's shoreline master program, the City will evaluate its development and building design standards and revise them as needed for the downtown shoreline to protect against risks from sea level rise and coastal hazards including but not limited to: coastal flooding, earthquake liquefaction and tsunami risk, saltwater intrusion, mobilization of contaminated sediments, and impacts to geologic hazard areas. =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 164 of 388 Back to Agenda CHAPTER 7: SHORELINE DEVELOPMENT STANDARDS AND USE REGULATIONS The shoreline uses that are addressed below are outlined and required in WAC 173-26-241. The provisions apply to specific common uses and types of development that may occur within the shoreline jurisdiction. This section also includes a matrix outlining which uses are allowed in particular shoreline environments. 7.1 Shoreline Uses The provisions in this Appendix A for shoreline use and development shall be applied either generally to all shoreline areas or to shoreline areas that meet the specified criteria of the provision without regard to environment designation. These provisions address certain principles as established in WAC 173-26- 241. (x = not permitted, p = permitted, a = administrative review, c = conditional use permit, n/a = not applicable) U z J Q SHORELINE USE CATEGORIES < z w w w w D Q N m z z = w = 0 O v, Q Z) z D 2 z LU v=i Agriculture x p a p n/a Aquaculture n/a n/a n/a n/a c Boating Facilities — public or marinas x c p c p Boatlaunches x c p p c Commercial — water -dependent' x c p c c Commercial — water -related' x c p c c Commercial — water -enjoyment' x c p c x Commercial — non -water oriented x x p x x Float Plane Facilities x x c c c Flood Control Management x c c p c Forest Practices x c p p n/a Industrial — water -dependent x c p p c Industrial — water -related x x p x x Industrial — non -water oriented x x x x x Mining x x x x x Mixed -use (multi -family residential use, along with commercial, public use and/or recreational uses. May include parking to Refer to rows below. serve residents, customers and tenants of the onsite mixed -use structure(s). � City of Port Orchard Shoreline Master Program I September 3, 2021 Page 165 of 388 Back to Agenda Mixed use: Non-residential uses(s) are non - water -oriented uses: x x p x x Mixed use: Non-residential uses(s) include one or more water -dependent, water - related or water -enjoyment uses: x x p c x Parking (Accessory to a principal use) c c p p x Parking (Principal use, or commercial paid, or parking to serve offsite uses.) x x p c x Public use (civic use, government -owned non -transportation facility, or similar use.) x x p c x Recreation — water -dependent p p p p c Recreation — water -related p p p p c Recreation — non -water oriented c c p p c Residential — single-family residence p p x2 p x Residential — other than a single-family residence x c p a x Transportation facilities — water -dependent c c p c c Transportation facilities — water -related c c p c c Transportation facilities— non -water related c c c c c Transportation facilities — trails/boardwalks p p p p c Utilities — above ground, distribution poles a p p p c Utilities — underground a p p p c Utilities — cellular towers c c c c c (x = not permitted, p = permitted, a = administrative review, c = conditional use permit) 'Commercial uses are allowed in the Shoreline Residential environment only as a secondary component of a mixed - use development (i.e. a combination of residential and commercial uses in the same building), and only when consistent with the underlying zoning. 2Although new single-family residential uses in the HI environment are not permitted, single-family residential uses that were legally established (permitted) prior to the effective date of this SMP shall be considered legal conforming uses for the purposes of this SMP. See footnote 5 in Table 7.2, Shoreline Development Standards Matrix, for additional information. 7.2 Shoreline Development Standards Matrix DEVELOPMENT STANDARDS U Q J w Q SETBACKS (BUFFER) AND HEIGHT � Z H Z U REQUIREMENTS m Z = w Cr o O D Z D UU = Z LU v=i owc Cf Agriculture' Cultivation / Grazing setback x 100 x 100 x Building Setback x 100 50 50 x =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 166 of 388 Back to Agenda Height limits (See underlying zoning Code or overlay districts — POMC Title 20) Aquaculture Water -dependent setback x 0 0 0 0 Water -related setback x 50 25 35 x Height limits: Upland (See underlying zoning Code or overlay districts — POMC Title 20) Over -water x x x x 15 Boating Facilities & Boat Launches Water -dependent setback 0 0 0 0 0 Building setback x 50 25 25 n/a Height limits:3 Upland (See underlying zoning Code or overlay districts — POMC Title 20) Overwater structures x x x x 30 Commercial Developments Water -dependent setback x 0 0 x 0 Water -related setback x 100 25 x 0 Non -water oriented setback x x 75 x x Building height limit (See POMC Title 20) Forest Practices Setback x 100 n/a 75 n/a Industrial Development Building Setbacks: Water -dependent x x 0 x 0 Water-relatedz x x 50 x x Non -water oriented x x 100 x x Height Limits (See POMC Title 20) Parking Accessory use 150 100 10 10 x Principal use x x 25 x x Recreational Development Water -dependent n/a 0 0 0 0 Water-related/oriented 10 10 0 0 x Non -water oriented (unless specified below)z 100 75 25 25 x Access Roads, restrooms, & accessory buildings x 100 25 25 x Golf Courses or sports fields x 200 100 100 x Trails, boardwalks, or overlooks 0 0 0 0 0 Residential Development4 Building setback - single-family residence 150 100 X6 25 x Building setback - Accessory use(s) to a single-family residence (patios, decks, etc.) 100 50 x 15 x =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 167 of 388 Back to Agenda Building setback — other than a single family residence.' x x 406 50 x Building setback— accessory uses to residences other than a single-family residence.' x x 20 25 x Transportation Arterials, Highways, Railroads x 200 50 50 x Multi -use trails, paths x 0 0 0 0 Secondary/Access Roads x 100 50 50 x Utilities Buildings, transmission line, tower setbacks 200 100 50 75 0 Distribution pole height limit 36 36 36 36 x Cellular tower height limit x 100 100 x x (x = not permitted, p = permitted, a = administrative review, c = conditional use permit) 'See Policy Regulation SU-DR-7. 'Within the High Intensity environment, lawfully constructed non -water -oriented structures and uses that are nonconforming to this SMP because of their location within a shoreline buffer may be redeveloped in accordance with this SMP. Refer to Appendix C for more information. 3 Height limits are subject to zoning and overlay district regulations found in POMC Title 20. 4If a public road lies between a proposed residential use and the shoreline, the regular front yard zoning setbacks shall apply. 'Commercial uses are allowed in the Shoreline Residential environment only as a secondary component of a mixed - use development (i.e. a combination of residential and commercial uses in the same building), and only when consistent with the underlying zoning. 'With the exception of any residential structure or residential appurtenant structure built over or partially over an aquatic environment, pursuant to RCW 90.58.620 a legally -established (permitted) residential structure and appurtenant residential structure(s) used for a conforming use in the HI environment shall be considered a conforming structure, even if it does not meet this SMP's current standards for setbacks, buffers, yards, area, bulk, height or density. However, such a structure may be added to or enlarged only if such addition or enlargement conforms to the regulations of the zoning district and the shoreline environment designation, provided that the addition or enlargement is consistent with the standards of Appendix C. 7.3 Agriculture Although agricultural activity is limited within the City of Port Orchard, SMP guidelines require development of policies and regulations for agricultural use. Management Policies SMP-SU-1 For purposes of this section, the terms agricultural activities, agricultural products, equipment and facilities and agricultural land shall be defined as provided in WAC 173-26-020. SMP-SU-2 Agricultural activities should not have a negative impact on water quality or destruction of vegetation. =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 168 of 388 Back to Agenda SMP-SU-3 Agricultural uses and development in support of agricultural uses should be conducted in such a manner as to assure no net loss of shoreline ecological functions and processes and avoid substantial adverse impacts on other shoreline resources and values. Development Regulations SU-DR-1 Agriculture uses may only be permitted in the Shoreline Residential, and Urban Conservancy environments, and shall be limited to those agricultural uses permitted in the underlying zoning regulations. SU-DR-2 Shoreline waters shall not be used for livestock watering, and shall be fenced or otherwise blocked to prohibit livestock access. SU-DR-3 A buffer of native vegetation may be established and maintained between areas used for cultivation or grazing and adjacent water bodies and wetlands. The buffer should not be less than 20 feet wide, and shall be sufficiently enhanced to retard runoff, reduce sedimentation, and provide riparian habitat. Buffers shall include fencing to prevent encroachment. SU-DR-4 Application of commercial pesticides within 100 feet of a shoreline is prohibited. SU-DR-S Pesticides shall be used, handled, and disposed of in accordance with provisions of the Washington State Pesticide Application Act (RCW 17.21) and the Washington State Pesticide Act (RCW 15.57) to prevent contamination and sanitation problems. SU-DR-6 Livestock waste shall be disposed in a manner that will prevent surface or groundwater contamination. SU-DR-7 Agricultural activities and uses are not permitted within the marine (saltwater) shoreline jurisdiction of Sinclair Inlet and the estuarine shoreline jurisdiction of Blackjack Creek. 7.4 Aquaculture Sinclair Inlet has historically been limited regarding the harvest of shellfish and/or aquaculture, due to heavy historical industrial and military use and the resulting water quality concerns. There are significant industrialized harbors and military areas, and significant requirements for clear navigation of naval vessels, which may preclude the use of large-scale aquacultural facilities within Sinclair Inlet. Regarding any proposed aquaculture facilities, WAC 173-26-241(3)(b) outlines the development of goals and policies within the SMP document. Management Policies SMP-SU-4 Aquaculture in areas where it is demonstrated to result in a net loss of ecological functions, proven to adversely impacts eelgrass and macroalgae, or significantly conflicts with navigation and other water -dependent uses, should be prohibited. =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 169 of 388 Back to Agenda Development Regulations SU-DR-8 Shellfish seeding/culturing when conducted for native population recovery in accordance to government approved requirements, may be permitted. 7.5 Boating Facilities Boating facilities include both public and private marinas, boat ramps, haulout, launching and infrastructure required to support watercraft, and are vitally important to maintaining public access to the water. Public boating facilities and public boating provisions within private facilities are supported throughout the shoreline. Management Policies SMP-SU-S Boating facilities should be located only at sites with suitable environmental conditions, shoreline configuration, access, and neighboring uses. SMP-SU-6 Significantly negative aesthetic impacts of new or redeveloped boating facilities should be avoided or mitigated. SMP-SU-7 The development of boating facilities, and associated and accessory uses, should not result in a net loss of shoreline ecological functions or other significant adverse impacts. SMP-SU-8 New boating facilities should limit the amount of shoreline modifications to as little as possible to accommodate the permitted uses. Development Regulations SU-DR-9 Boat launches for Port, commercial, or public recreational uses are supported in the high - intensity environment and are conditional in the urban conservancy and shoreline residential environments. SU-DR-10 New boat launches requiring significant shoreline modifications shall be allowed only as conditional uses due to their potentially significant impacts to the shoreline environment. SU-DR-11 Hand launch sites where improvements are limited to installation of signage and improvements valued at a monetary amount that does not exceed the amount currently established and effective per WAC 173-27-040(2)(a) or its successor shall be exempt from a Shoreline Substantial Development Permit. SU-DR-12 Reconstruction of an existing launch is permitted and supported. SU-DR-13 Boat launches and ancillary facilities shall be located, designed, constructed and operated as to: a. Minimize adverse affects to fish, shellfish, wildlife, water quality and existing geohydraulic shoreline and stream processes. b. Provide adequate on -shore facilities for waste -disposal, parking, and restrooms. c. Be compatible with adjacent uses. =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 170 of 388 Back to Agenda d. Should endeavor to avoid negative aesthetic impacts. SU-DR-14 Associated docks and floats shall conform to the applicable policies and performance standards of this Master Program. SU-DR-15 Associated parking and loading areas shall: a. Provide adequate off -road parking and loading areas b. Facilitate orderly launching and retrieval of boats, as well as the movement of vehicles and trailers in the launching area c. Be located away from the immediate water's edge and beaches as much as practicable. d. Be designed in a manner that surface runoff does not pollute adjacent waters or cause soil or beach erosion. 7.6 Commercial Development Management Policies SMP-SU-9 Commercial Use provisions of the Shoreline Master Program are intended to be consistent with Comprehensive Plan, zoning, overlay districts, and other development regulations within the City. SMP-SU-10 Preference shall be given to water -dependent commercial uses over nonwater- dependent uses. SMP-SU-11 Commercial properties should ensure visual compatibility with adjacent non- commercial properties. SMP-SU-12 Commercial uses located in the shoreline should provide public access in accordance with constitutional or other legal limitations unless such improvements are demonstrated to be infeasible or present hazards to life and property. SMP-SU-13 Restoration of impaired shoreline ecological functions and processes should be encouraged as part of commercial development. SMP-SU-14 Commercial development will not result in a net loss of shoreline ecological functions or have significant adverse impact to other shoreline uses, resources and values, to include navigation, recreation and public access. Development Regulations SU-DR-16 Projects located within the Downtown Overlay District must be consistent with regulations in POMC Title 20. SU-DR-17 Over -water construction of commercial uses is prohibited except as follows: a. The development of docks, boat launch ramps, boardwalks, marine repair facilities, or other shoreline access facilities. b. Commercial uses of existing over -water buildings may be allowed to facilitate reuse of existing structures along the waterfront. =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 171 of 388 Back to Agenda c. Minor commercial uses that are accessory and clearly incidental to an allowed use may be provided on publicly owned docks, piers, and properties. d. Commercial uses of over -water buildings are essential to water dependent industry or use. SU-DR-18 All commercial development or redevelopment requiring a Substantial Development or Conditional Use Permit within the shoreline jurisdiction shall provide for public visual and/or physical access to the shoreline in accordance with the Public Access section of this Master Program. Properties within the Downtown Overlay District must be consistent with the Public Access section as well as any additional requirements in POMC Title 20. 7.7 Flood Control Works and Instream Structures Management Policies SMP-SU-15 New or expanding development or uses in the shoreline, including subdivision of land, that would likely require structural flood control works within a stream, channel migration zone, or floodway should not be allowed. SMP-SU-16 Flood control works and instream structures should be planned and designed to be compatible with appropriate multiple uses of stream resources over the long term, especially in shorelines of statewide significance. SMP-SU-17 Flood control works should only be allowed in the shoreline if they are necessary to protect existing development and where non-structural flood hazard reduction measures are infeasible. SMP-SU-18 Flood control works to protect existing development should be permitted only when the primary use being protected is consistent with this Program, and the works can be developed in a manner that is compatible with multiple use of streams and associated resources for the long term, including shoreline ecological functions, fish and wildlife management, and recreation. Development Regulations SU-DR-19 Flood control works shall be permitted when it is demonstrated by engineering and scientific evaluations that: a) they are necessary to protect health/safety and/or existing development and, b) non-structural flood hazard reduction measures are not practicable. SU-DR-20 New flood control works are prohibited on estuarine shores, on point and channel bars, and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat enhancement, restoration, or as identified in Development Regulation SU-DR-18. SU-DR-21 New structural flood control works shall be placed landward of associated wetlands, and designated habitat conservation areas, except for works that improve ecological functions, such as wetland restoration, or as identified in Development Regulation SU-DR-18. SU-DR-22 Revetments shall not be placed waterward of the OHWM except for weirs and current deflectors where necessary to protect bridges and roads. =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 172 of 388 Back to Agenda SU-DR-23 No motor vehicles, appliances, other similar structures or parts thereof; nor structure demolition debris; nor any other solid waste shall be used for flood control works. SU-DR-24 Cut -and -fill slopes and back -filled areas shall be stabilized with brush matting and buffer strips and revegetated with native grasses, shrubs, or trees to prevent loss of shoreline ecological functions and processes. 7.8 Industrial and Port Development Management Policies SMP-SU-19 Shoreline sites particularly suitable for development such as deep water harbors with access to adequate highway and utility systems should be reserved for water -dependent or water - related industrial and port development. SMP-SU-20 In order to provide adequate shoreline for future water -dependent and water -related uses, industrial or port development at deep water sites should be limited to those uses that produce the greatest long term economic base. SMP-SU-21 Industrial and port development that is consistent with this Program should be protected from encroachment or interference by incompatible uses with less stringent siting requirements, such as residential or commercial uses. SMP-SU-22 Mixed use development, including nonwater-dependent uses, should only be encouraged when it includes and supports water -dependent and/or water -enjoyment uses. SMP-SU-23 Regional needs for port facilities should be carefully considered in reviewing new port proposals and in allocating shorelines for such development. Such reviews or allocations should be coordinated with port districts, adjacent counties and cities, and the State. SMP-SU-24 Existing, officially designated State Harbor Areas should be used for new port development to the maximum extent whenever possible. SMP-SU-25 Multiple use of industrial and port facilities is encouraged to limit duplicative facilities and reduce adverse impacts. New non -water oriented uses should be prohibited on shorelines except when: a) The use is part of a mixed -use project that includes water -dependent and/or water -enjoyment uses and provides a significant public benefit with respect to the Shoreline Management Act's objectives such as providing public access and ecological restoration; or b) Navigability is severely limited at the proposed site, and the industrial use provides a significant public benefit with respect to the Shoreline Management Act's objectives such as providing public access and ecological restoration. SMP-SU-26 New facilities for water -dependent uses should be considered only after assessment of the potential for shared use of existing facilities. SMP-SU-27 Industrial and port developments shall provide opportunities for physical and/or visual public shoreline access in accordance with the Shoreline Management Act's public access policies, including recreational use of undeveloped shorelines not needed for port or industry operations; provided that, such uses are safely compatible with facility operations. =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 173 of 388 Back to Agenda SMP-SU-28 Industrial and port development in the shoreline should be located and designed to avoid significant adverse impacts to other shoreline uses, resources, and values, including shoreline geomorphic processes, water quality, fish and wildlife habitat, commercial aquaculture, and the aquatic food chain. SMP-SU-29 Restoration of impaired shoreline ecological functions and processes should be encouraged as part of industrial and port development. Development Regulations SU-DR-25 Over -water construction of non -water dependent industrial uses is prohibited, except as follows : a. Development of an overwater structure for mixed use of water dependent and water - enjoyment uses; b. Water -dependent industrial uses of existing over -water buildings may be allowed to facilitate reuse of existing structures along the waterfront C. Minor industrial uses that are accessory and clearly incidental to an allowed use may be provided on publicly owned docks, piers, and properties; d. Navigability is severely limited at the proposed site, and the industrial use provides a significant public benefit with respect to the Shoreline Management Act's objectives such as providing public access and ecological restoration. SU-DR-26 Storage and/or disposal of industrial wastes are prohibited within shoreline jurisdiction, unless specifically listed in SU-DR-26 below. SU-DR-27 The following may be permitted as an accessory use: a. Storage of oil, fuel, chemicals, or hazardous materials, provided that they are an accessory to the main industrial use on the property and that secondary containment and an emergency spill response plan are included in the proposal. b. Wastewater treatment and reclamation systems accessory to a permitted use, provided that alternate inland areas are unavailable and the proposed location, design and operation are compatible with existing and planned water -oriented uses. SU-DR-28 Industrial and port facilities shall be located, designed, constructed, and operated so as to minimize impacts to shoreline resources and unnecessary interference with the right of adjacent property owners, as well as adjacent shoreline or water uses. Proposed industrial or port facilities must demonstrate conformance with the following: a. Comply with all federal, state, regional, and local requirements regarding air and water quality. No generation of fly -ash, dust, vapors, odors, smoke or other substances shall be permitted that are harmful to health, animals, vegetation or neighboring properties. b. Adequate buffers shall be installed to protect adjacent non -industrial uses. Buffers may be used for outdoor recreation or public access if consistent with public access provisions. Buffers may not be used for storage or waste disposal. c. Industrial or port facilities shall be designed and operated to promote joint use of over -water and accessory facilities such as piers, docks, and storage, whenever practicable. d. Protect public views of harbor areas and other vistas. Certain private views may beprotected within overlay districts as provided in Title 20 of the City's municipal code. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 174 of 388 Back to Agenda e. A minimum 4-foot vertical separation between the storage floor surface and the highest seasonal water is required where unpaved storage areas are proposed. f. Compliance with all applicable fire safety and storage laws under South Kitsap Fire & Rescue jurisdiction. g. Exterior lighting shall be directed away from water bodies or adjacent parcels whenever practicable. 7.9 Marinas Management Policies SMP-SU-30 Marinas shall meet federal, state, and local standards for health, safety and welfare. SMP-SU-31 New marinas or redevelopment projects in existing marinas, shall provide dedicated public access, particularly where water -enjoyment uses are associated with the marina. SMP-SU-32 Impacts to shoreline resources from live -aboard vessels should be regulated. SMP-SU-33 The rights of navigation shall be protected and public boating facilities are encouraged. SMP-SU-34 Accessory uses at marinas should be limited to water -oriented uses, or uses that provide physical or visual shoreline access for substantial numbers of the general public. Development Regulations SU-DR-29 New marinas and marina expansions should be located, designed, constructed, and operated so as to minimize impacts to shoreline resources and unnecessary interference with adjacent residential property owners and adjacent shoreline or water uses. Proposals for new or expanded facilities shall: a. Be located with regard to favorable conditions related to prevailing winds, currents, bathymetrics, and adequate harbor flushing. b. Comply with all federal, state, regional, and local requirements regarding water quality. c. Be generally compatible with the general aesthetic quality of the shoreline area. Provide for adequate upland support facilities. d. Provide accessory parking and loading areas. e. Facilitate orderly launching, retrieval, and storage of boats as well as circulation of vehicles and pedestrians in the vicinity of the marina. f. Havean emergency plan to minimize and handle accidental spills of hazardous liquids and wastes. g. Provide pump -out and on -shore sewage and waste disposal facilities. SU-DR-30 Marinas shall provide public access in accordance with this Master Program and the Shoreline Management Act. SU-DR-31 All building materials shall be of a non -reflective material. SU-DR-32 Individual boathouses are discouraged in new or expanded marinas. Replacement boathouses at existing marinas are supported. • - City of Port Orchard Shoreline Master Program I September 3, 2021 Page 175 of 388 Back to Agenda SU-DR-33 On state-owned aquatic lands within marinas, the number of live -aboard vessel slips are limited to the provisions identified within WAC 332-30-171. 7.10 Moorage: Docks, Piers and Mooring Buoys Management Policies SMP-SU-35 Moorage associated with a single family residence is considered a water -dependent use provided that it is designed and used as a facility to access watercraft, and other moorage facilities are not available or feasible. Moorage for water -related and water enjoyment uses or shared moorage for other types of residential uses should be allowed as part of a mixed use development or where it also provides public access. SMP-SU-36 New moorage, excluding docks accessory to single family residences, should be permitted only when the applicant/proponent has demonstrated that a specific need exists to support the intended water -dependent or public access use. SMP-SU-37 Mooring buoys are preferred over docks or floats. Shared moorage facilities are preferred over single -user moorage where feasible, especially where water use conflicts exist or are predicted. New residential developments, including single-family subdivisions and multifamily and mixed -use developments, should provide shared moorage. SMP-SU-38 Docks, piers and mooring buoysshould avoid locations where they will adversely impact shoreline ecological functions or processes, including currents and littoral drift. SMP-SU-39 Moorage should be spaced and oriented in a manner that minimizes hazards and obstructions to public navigation rights and corollary rights thereto such as, but not limited to, fishing, swimming and pleasure boating, as well as private riparian rights of adjacent land owners. SMP-SU-40 Moorage should be restricted to the minimum size necessary to meet the needs of the proposed use. The length, width and height of piers and docks should be no greater than that required for safety and practicality for the principal use. SMP-SU-41 In general, pile supports are preferred over floats because piles do not displace water surface and intertidal or aquatic habitat and are removable and thus more flexible in terms of long- term use patterns; however, floats may be less desirable than pile structures where aquatic habitat or littoral drift are significant. SMP-SU-42 The use of buoys for small craft moorage is preferred over piles or float structures because of lesser long term impact on shore features and users; moorage buoys should be placed as close to shore as possible to minimize obstruction to navigation. SMP-SU-43 Shoreline resources and water quality should be protected from overuse by boaters living on vessels (liveaboards). Boaters permanently living on vessels are restricted to established marinas with facilities to address waste handling and other sanitary services. SMP-SU-44 Vessels are prohibited from extended mooring on waters of the state unless such moorage is in compliance with the open moorage requirements of WAC 332-30-139. SMP-SU-45 No vessel being used as a liveaboard residence shall be moored on waters of the state outside a marina. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 176 of 388 Back to Agenda SMP-SU-46 Piers and docks should be constructed of materials that will not adversely affect water quality or aquatic plants and animals in the long term. SMP-SU-47 New pier and dock development should be designed so as not to interfere with lawful public access to or use of shorelines. Developers of new piers and shared moorage should be encouraged to provide physical or visual public access to shorelines whenever safe and compatible with the principal use and shore features. Development Regulations SU-DR-34 Applications for public mooring buoys should include an enforcement and management plan that describes rules and regulations for public use of state aquatic lands and navigable waters. SU-DR-35 Private mooring buoys are permitted in Aquatic environments adjacent to Shoreline Residential, High Intensity, and Urban Conservancy environments. SU-DR-36 Mooring buoys are subject to permitting requirements and Hydraulic Project Approval conditions from the Washington State Department of Fish & Wildlife. SU-DR-37 Mooring buoys shall be located, designed, constructed, and operated so as to minimize impacts to shoreline resources and unnecessary interference with the right of adjacent property owners, as well as adjacent shoreline or water uses. SU-DR-38 A mooring buoy shall secure no more than two boats. SU-DR-39 Washington Department of Natural Resources (DNR) requires registration for mooring buoys placed onto state-owned aquatic lands. SU-DR-40 No creosote, chromate copper arsenate, or pentachlorophenol treated wood, or other comparably toxic compounds may be used as part of the in -water decking, pilings, or other components of any structures such as docks, wharves, piers, marinas, rafts, floats or terminals. Treated wood may only be used for above water structural framing and is discouraged to be used as decking, pilings, etc. During maintenance, existing treated wood should be replaced with alternative non -toxic materials. SU-DR-41 Tires are prohibited as part of above or below water structures or where tires could potentially come in contact with the water. Existing tires used for floatation should be replaced with inert or encapsulated materials such as plastic or encased foam, during maintenance or repair of the structure. SU-DR-42 All foam material must be encapsulated within a shell that prevents breakup or loss of the foam material into the water and is not readily subject to damage by ultraviolet radiation or abrasion. During maintenance, existing un-encapsulated foam material should be removed or replaced. SU-DR-43 To prevent prop scour, boat mooring areas for new docks, marinas, shipyards and terminals, mooring buoys, rafts and floats should be located where the water will be deeper than 2 meters (7 feet) at the lowest low water, or where it can be shown that prop scour will not adversely impact aquatic vegetation or increase suspended sediment loads. SU-DR-44 The design, location, and construction of docks, floats, and piers, as well as their subsequent use, should minimize adverse effects on fish, shellfish, wildlife, water quality, and geohydraulic processes. =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 177 of 388 Back to Agenda SU-DR-45 Docks, piers, and floats should be designed, located and operated to minimize interference with adjacent water uses. The maximum length of a pier or dock should be the minimum necessary to accomplish moorage. Development Standards for new Piers and Docks Docks, piers, and floats should be designed, located and operated to minimize interference with adjacent water uses and impacts to fish, shellfish and habitat. The maximum length, width and surface area of a pier or dock should be consistent with the requirements of WAC 220-660-380 or its successor, and should be the minimum necessary to accomplish moorage and shore access based on site -specific circumstances as determined by a marine engineer, as well as potential impacts and mitigation requirements. The maximum width of a residential pier or dock is 6 feet. The maximum width of a ramp is 4 feet. Ells are not permitted on single- family residential docks, piers or floats. Unless otherwise recommended by the Department of Ecology and/orthe Department of Fish and Wildlife based on site -specific review, all decking, and floats 6 feet or less in width shall include a minimum of thirty percent (30%) functional grating, floats greater than 6 feet in width shall have a minimum of fifty percent (50%) functional grating, and ramps shall be fully grated. Functional grating shall not be covered or used as a storage area, and must be maintained in a condition free of algae, mud or other debris that may impede light transmission. The diameter of piling shall not exceed 12 inches and shall be the minimum required for the purpose based on site -specific circumstances as determined by a marine engineer. New or replaced piles or structural members of a pile in direct contact with the water shall be constructed of concrete or steel in accordance with current best management practices and shall not be treated or coated with herbicides, fungicides or pentachlorophenol. No creosote, pentachlorophenol, CCA or comparable toxic compounds not approved for marine use shall be used for any portion of the overwater or in -water structure of a new or replacement pile, or a pile wrapping. ACZA treated wood may be used for overwater pile structures as long as it meets the most recent Post Treatment Procedures established as best management practices by the American Wood Preservers' Association and Western Wood Preservers Institute. SU-DR-46 Publicly owned dock or pier facilities may not exceed the minimum length required for moorage. SU-DR-47 Railings, if provided, should be of open framework design and conform to the Uniform Building Code where required. SU-DR-48 Utility service, if provided on docks and piers, should be placed on or under the deck. Overhead utility service is prohibited. Lighting shall be designed and installed to prevent unnecessary glare. SU-DR-49 Docks, piers and floats should be marked as necessary to avoid hazardous conditions for surface water users. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 178 of 388 Back to Agenda SU-DR-50 Structures over three (3) feet in height should not be permitted on a noncommercial pier, dock, or float, except railings, navigational features, hoists, shielded safety lighting, or other safety devices. This does not include floating dock pilings. SU-DR-51 All piers and docks should be constructed an maintained in a safe condition. Abandoned or unsafe docks and piers should be removed or repaired promptly by the owner. Where any such structure constitutes a hazard to the public, the City may, following proper notice to the owner, abate the structure if the owner fails to do so within 90 days, and may impose a lien on the related shoreline property in an amount equal to the cost of the abatement. SU-DR-52 Prohibited uses and activities are as follows. a) Piers, docks, boathouses, and floats used for solely residential purposes (live-aboards are allowed within established commercial marinas). b) Piers, docks, and floats on streams. c) Covered moorage or boathouses over water except within established marinas and boat repair yards. d) Fill waterward of the ordinary high water mark or within a marsh, bog or swamp to accommodate a pier, dock, or float. 7.11 Parking This section applies to both surface and structure parking facilities. Parking may be a principal use or an accessory use. Management Policies SMP-SU-47 Parking lots and/or parking within structures to support permitted and conditionally permitted shoreline uses are not a preferred use in the shoreline jurisdiction, and should only be allowed where no feasible alternatives exist. SMP-SU-48 The City should explore options for reducing and/or removing publicly -owned parking lots within the shoreline jurisdiction, including conversion to shoreline public access, public water - dependent and water -enjoyment uses, and shoreline recreation facilities such as beaches and fishing areas. Development Regulations SU-DR-53 New or redeveloped surface parking areas and parking lots shall be located outside the shoreline jurisdiction where feasible. SU-DR-54 Parking for redevelopment in the HI shoreline environment shall meet the requirements of Appendix C, in addition to all other requirements of this master program. SU-DR-55 Surface parking as a principal use, including commercial (pay) parking and/or parking for offsite uses, is not allowed in the Natural, Urban Conservancy, or Shoreline Residential environments. • - • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 179 of 388 Back to Agenda SU-DR-56 Stand-alone structure parking is not allowed in the shoreline jurisdiction. 7.12 Recreation Shoreline recreational development provides opportunities for play, sports, relaxation, amusement, or contemplation. It includes facilities for passive recreational activities, such as hiking, photography, and viewing. It also includes facilities for active or more intensive uses such as parks, trails, and fishing. This section applies to both publicly- and privately -owned shoreline facilities intended for use by the public or a private club, group, association, or individual. Management Policies SMP-SU-49 Shoreline recreational development should be given priority for shoreline location to the extent that the use facilitates the public's ability to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline. Where appropriate, such facilities should be dispersed along the shoreline in a manner that supports more frequent recreational access and aesthetic enjoyment of the shoreline for a substantial number of people. SMP-SU-50 Recreational developments should facilitate appropriate use of shoreline resources while conserving them. These resources include, but are not limited to: accretion shoreforms, wetlands, soils, ground water, surface water, native plant and animal life, and shore processes. SMP-SU-51 Recreational developments and plans should provide the regional population a varied and balanced choice of recreation experiences in appropriate locations. Public agencies and private developers should coordinate their plans and activities to provide a wide variety of recreational opportunities without needlessly duplicating facilities. SMP-SU-52 Trail links between shoreline parks and public access points should be encouraged for walking or bicycle riding where appropriate. The City of Port Orchard Comprehensive Park Plan and the Mosquito Fleet Trail Plan should be considered in design and approval of public trail systems. SMP-SU-52 Access to natural areas, including but not limited to shoreline beaches and Blackjack and Ross Creeks, should be a combination of linear shoreline trails or easements and small parking or access tracts to minimize user concentration to small portions of the shoreline. SMP-SU-53 Recreation facilities should incorporate public education regarding shoreline ecological functions and processes, the role of human actions on the environment and the importance of public involvement in shorelines management. Opportunities incorporating educational and interpretive information should be pursued in design and operation of recreation facilities and nature trails. SMP-SU-54 Recreation development should be located only where utility and road capability is adequate or may be provided without significant damage to shore features commensurate with the number and concentration of anticipated users. SMP-SU-55 Cooperative efforts among public and private persons toward the acquisition and/or development of suitable recreation sites or facilities should be explored to assure long-term availability of sufficient public sites to meet local recreation needs. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 180 of 388 Back to Agenda Development Regulations SU-DR-57 Recreational facilities shall make adequate provisions for: a. Vehicular and pedestrian access b. The prevention of overflows and trespasses onto adjacent properties. c. Screening, buffer strips, fences, and signs to prevent park overflow and to protect the value and enjoyment of adjacent or nearby private or public properties d. The enforcement of laws and regulations associated with use of the facilities being proposed e. Water supply, sewage disposal, parking, and garbage collection. f. Security g. Maintenance SU-DR-58 Valuable shoreline resources and fragile or unique areas, such as wetlands and accretion shoreforms, should be used only for non -intensive recreation activities. SU-DR-59 Stairways and landings should be located upland of existing bulkheads, banks, and the OHWM unless integral to a water -dependent use or overwater structure permitted by this Master Program. 7.13 Residential Development Residential development refers to one or more buildings, structures, lots, parcels, or portions of parcels that are used or intended to be used to provide a dwelling for human beings. Residential development includes single-family residences, duplexes, other detached dwellings, multifamily residences, apartments, townhouses, group housing, condominiums, subdivisions, planned unit developments, and short subdivisions. Residential development also includes accessory uses and structures such as garages, sheds, tennis courts, swimming pools, driveways, parking areas, fences, cabanas, saunas, and accessory dwelling units, when allowed by the underlying zoning. Single-family residences are identified as a priority use when developed in a manner consistent with control of pollution and prevention of damage to the natural environment. Without proper management, single-family residential use can cause significant damage to the shoreline area through cumulative impacts from shoreline armoring, storm water runoff, septic systems, introduction of pollutants, and vegetation modification and removal. Management Policies SMP-SU-56 Single family residences are designated as a priority use consistent with RCW 90.58. SMP-SU-57 New residential development is encouraged to cluster dwelling units together to reduce physical and visual impacts on shorelines and to reduce utility and road costs. Planned unit developments that include common open space and recreation facilities, or a variety of dwelling sizes and types, are encouraged at suitable locations as a preferable alternative to extensive single lot subdivisions on shorelines. Plats and subdivisions must be designed, configured and developed in a manner that assures no net loss of ecological functions from full build -out of all lots. SMP-SU-58 Structures or development for uses accessory to residential use should preserve shoreline open space, be visually and physically compatible with adjacent shoreline features, be • - City of Port Orchard Shoreline Master Program I September 3, 2021 Page 181 of 388 Back to Agenda reasonable in size and purpose, and result in no net loss of shoreline ecological functions and processes. SMP-SU-59 Building heights must be compatible with POMC Title 20, including any height restrictions required by overlay districts, and any subarea plans adopted in the City's Comprehensive Plan. . SMP-SU-60 New residential development should be planned and built to minimize the need for shoreline stabilization and flood hazard reduction measures and assures not net loss of ecological functions. SMP-SU-61 Measures to conserve native vegetation along shorelines should be required for all residential development. Vegetation conservation may include avoidance or minimization of clearing or grading, restoration of areas of native vegetation, and/or control of invasive or non- native vegetation. SMP-SU-62 Whenever possible, non -regulatory methods to protect shoreline ecological functions and other shoreline resources should be encouraged for residential development. Such methods may include resource management planning, low impact development techniques, voluntary protection and enhancement projects, education, or incentive programs. SMP-SU-63 New multi -unit waterfront residential developments, including single-family residential developments of more than four parcels, should provide substantial shoreline access for development residents and the public, unless public access is infeasible due to incompatible uses, safety, impacts to shoreline ecology or legal limitations. SMP-SU-64 Development should provide open space corridors between structures, and along site boundaries, so as to provide space for outdoor recreation, preserve views, and minimize use conflicts. Development Regulations SU-DR-60 Single-family homes may be exempt from the Shoreline Substantial Development Permit requirements when consistent with the precise terms of WAC 173-27-040(2)(g). SU-DR-61 Residential development shall be located and designed to avoid the need for structural shoreline armoring and flood protection. SU-DR-62 Subdivisions or development of more than four dwelling units adjacent to the waterfront shall dedicate, improve, and provide maintenance provisions for a pedestrian easement that provides area sufficient to ensure usable access to the shoreline for residents of the development and the general public. When required, public access easements must comply with the Public Access section of this Master program. 7.14 Shoreline Stabilization and Bulkheads Shoreline stabilization includes actions taken to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, tides, wind or wave action. These actions include structural and nonstructural methods. Shoreline stabilization measures can • - • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 182 of 388 Back to Agenda include a wide range of works varying from hard vertical walls to vegetation conservation and enhancement. Management Policies SMP-SU-65 New development should be located and designed to avoid the need for future shoreline stabilization to the extent feasible. SMP-SU-66 New structural stabilization should only be allowed to protect existing principal structures or in support of new water -dependent uses. SMP-SU-67 New shoreline stabilization should result in no net loss of ecological functions SMP-SU-68 The size of stabilization measure should be limited to the minimum necessary. Soft approaches should be used unless demonstrated not to be sufficient to protect principal structures, dwellings and businesses. Development Regulations SU-DR-63 Subdivisions of land must ensure the lots created will not require shoreline stabilization in order for reasonable development to occur, based on geotechnical analysis of the site and shoreline characteristics. SU-DR-64 New bulkheads will be allowed only if a geotechnical analysis and report demonstrates danger and structural damage is likely to a legal principal structure. a. New or enlarged structural shoreline stabilization measures for an existing principal structure, including residences, shall not be allowed unless there is conclusive evidence, documented by a qualified professional, that the structure is in danger within three (3) years from shoreline erosion caused by currents or wave action. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The analysis must evaluate onsite drainage issues and address drainage problems before considering structural shoreline stabilization. b. Supplementary or non-structural stabilization must be shown to be impractical or non- effective, as demonstrated by a geotechnical report. C. The report(s) must determine that the stabilization structure will not result in a net loss of shoreline ecological functions. d. The report(s) must evaluate the following alternatives in order of preference: soft, hybrid, and hard shoreline stabilization (bank protection) measures. The least impacting alternative that is feasible must be selected. SU-DR-65 Replacement bulkheads will be allowed, if soft armoring alternatives are not feasible. Replacement bulkheads should be placed landward of the OHWM, and will not be allowed waterward of the existing bulkhead. SU-DR-66 Alternatives for shoreline stabilization shall be based on the following hierarchy of preference: =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 183 of 388 Back to Agenda a. No action. b. Relocating at -risk structures landward if feasible; enhancement of shoreline with native shoreline vegetation; management of upland drainage. c. Flexible stabilization constructed of natural materials incorporating measures such as soft shore protection and bioengineering, including beach nourishment, protective berms, or vegetative stabilization. d. Flexible stabilization, as described above, with rigid works, constructed as a protective measure. e. Rigid works constructed of artificial materials such as riprap or concrete. SU-DR-67 A seawall or bulkhead protecting state or local roads, may be rebuilt or repaired if deemed necessary by the City Engineer and Shoreline Administrator. 7.15 Signs The City of Port Orchard recognizes the constitutional right for property owners to communicate using signs on their property. These policies are intended to ensure that signage within shoreline areas is consistent with the purpose and intent of the Act and this Program by addressing impacts to ecological functions, public safety and visual aesthetics. Management Policies SMP-SU-69 Signs should be located, designed and maintained to be visually compatible with local shoreline scenery as seen from both land and water, especially on shorelines of statewide significance. SMP-SU-70 Sign location and design should not substantially impair shoreline views. SMP-SU-71 All signs shall meet the requirements of POMC Title 20. SMP-SU-72 Communities, districts, and/or multi -use or multi -tenant commercial developments are encouraged to erect single, common use gateway signs to identify and give directions to local premises and public facilities as a preferable alternative to a proliferation of single purpose signs. SMP-SU-73 Off -premise signs are prohibited. Signs that are not water -dependent or that reduce public enjoyment of or access to shorelines are not encouraged. Such signs should not be located on shorelines except for approved community gateway or directional signs. SMP-SU-74 Free-standing signs should be located to avoid blocking scenic views and be located on the landward side of public transportation routes which generally parallel the shoreline. SMP-SU-75 To minimize negative visual impacts and obstructions to shoreline access and use, low - profile, on -premise wall signs are preferred over free-standing signs or other wall signs. • - . City of Port Orchard Shoreline Master Program I September 3, 2021 Page 184 of 388 Back to Agenda SMP-SU-76 Moving or flashing signs should be prohibited on shorelines. SMP-SU-77 Artificial lighting for signs or security should be directed or beamed away from the water, public streets or adjacent properties. Development Regulations SU-DR-68 Signs shall conform to all provisions in POMC Title 20. 7.16 Transportation Facilities Transportation facilities are those structures and developments that aid in land and water surface movement of people, goods, and services. They include roads and highways, bridges and causeways, ferry terminals, railroad facilities, and boat and floatplane terminals. The shoreline areas within the City of Port Orchard and the South Kitsap Urban Growth Area are dominated by transportation facilities. Major State Highways and local roads are adjacent to the entire length of the marine shoreline, parallel to the Sinclair Inlet, and multiple private docks and public passenger -only ferry docks are located in the area. Transit interchanges and transportation hubs are vital to the shoreline connection to major cities and transportation infrastructure that is vital to the local and regional economy. Management Policies SMP-SU-78 New transportation facilities should be located so as to not interfere with existing public access areas and significant natural, historic, archaeological or cultural sites. SMP-SU-79 New or expanded public transportation facility route selection and development within the shoreline should be coordinated with related local and state government land use and circulation planning. SMP-SU-80 Transportation system route planning, acquisition, and design in the shoreline should provide space wherever possible for compatible multiple uses such as utility lines, public access, pedestrian shore access or view points, or recreational trails. SMP-SU-81 Transportation system plans and transportation projects within shorelines should provide adequate, safe, and compatible space for non -motorized traffic such as pedestrians and bicyclists. Space for such uses should be required along roads on shorelines, where appropriate, and must be considered when shoreline rights -of -way ends are being vacated or abandoned. SMP-SU-82 Public access should be provided to shorelines where safe and compatible with the principal and adjacent use, or should be replaced where transportation development substantially impairs lawful public access. Viewpoints, parking, trails and similar improvements should be considered for transportation system projects in shoreline areas, especially where a need has been identified. SMP-SU-83 Public transportation routes, particularly arterial highways and railways within the shoreline, should be located, designed, and maintained to permit safe enjoyment of adjacent shore • - . City of Port Orchard Shoreline Master Program I September 3, 2021 Page 185 of 388 Back to Agenda areas and properties by other appropriate uses such as recreation or residences. Vegetative screening or other buffering should be considered. SMP-SU-84 Efforts to implement waterfront trails including the Mosquito Fleet Trail and Blackjack Creek Trail should accompany any shoreline transportation projects. SMP-SU-85 Maintenance and repair of existing roadways and transportation facilities within the shorelines should not be unduly encumbered by Shoreline Master Program implementation. Development Regulations SU-DR-69 When feasible, major new transportation facilities should be located away from the shoreline. SU-DR-70 Roads shall be located to avoid critical areas where possible. SU-DR-71 Roads and waterway crossings are discouraged within wetlands or critical fish and wildlife conservation areas except when all upland alternatives have been proven infeasible and the transportation facilities are necessary to support uses consistent with this program. SU-DR-72 Roads, bridges, culverts and similar devices are encouraged to afford maximum protection for fish and wildlife resources. SU-DR-73 New transportation facilities should be located in a manner to and encouraged to be designed to minimize or prevent the need for shoreline protective measures such as riprap or other bank stabilization, landfill, bulkheads, groins, jetties or substantial site regrading. SU-DR-74 Maintenance, repair, and replacement of existing road facilities is encouraged. SU-DR-75 Road routes shall make provisions for pedestrian, bicycle, and other non -motorized modes of travel whenever feasible. 7.17 Utilities Utilities are services and facilities that produce, transmit, carry, store, process, or dispose of electric power, water, sewage, communications, oil, gas, stormwater, and the like. The provisions in this section apply to principal use and activities such as sewage treatment plants, sewer lift pumps, stormwater outfalls and fuel storage facilities. On -site utility features serving a principal use, such as water, sewer or gas line to a residence, are "accessory utilities" and shall be reviewed as appurtenances to the principal use (in this example, the residential use). Management Policies SMP-SU-86 New public or private utilities should be located inland from the land/water interface, preferably out of the shoreline jurisdiction, unless: a. Perpendicular water crossings are unavoidable; or • - . City of Port Orchard Shoreline Master Program I September 3, 2021 Page 186 of 388 Back to Agenda b. Utilities are required for authorized shoreline uses consistent with this Program. SMP-SU-87 Utilities should be located and designed to avoid public recreation and public access areas and significant natural, historic, archaeological or cultural resources. SMP-SU-88 Utilities should be located, designed, constructed, and operated to result in no net loss of shoreline ecological functions and processes with appropriate mitigation. SMP-SU-89 All utility development should be consistent with and coordinated with all local government and state planning, including comprehensive plans and single purpose plans to meet the needs of future populations in areas planned to accommodate growth. Site planning and rights - of -way for utility development should provide for compatible multiple uses such as shore access, trails, and recreation or other appropriate use whenever possible; utility right-of-way acquisition should also be coordinated with transportation and recreation planning. SMP-SU-90 Utilities should be located in existing rights -of -way and corridors whenever possible. SMP-SU-91 Utilities serving new development should be located underground, wherever possible. SMP-SU-92 Development of pipelines and cables on aquatic lands and tidelands, particularly those running roughly parallel to the shoreline, and development of facilities that may require periodic maintenance which would disrupt shoreline ecological functions should be discouraged except where no other feasible alternative exists. Development Regulations SU-DR-76 Utility development should provide for compatible, multiple uses of sites and rights -of - way. SU-DR-77 Replacement of existing wires, utility poles, and similar existing infrastructure are permitted and are exempt from shoreline substantial permit requirements. SU-DR-78 Utilities shall be located adjacent to or within existing utility or circulation easements or rights -of -way whenever feasible. Joint use of rights -of -way and corridors is encouraged. SU-DR-79 Utilities shall be located, designed, constructed and operated so as to document no net loss of shoreline ecological functions, preserve the natural landscape, and minimize conflicts with present and planned land and shoreline uses. SU-DR-80 Utility distribution lines serving new development including electricity, communications and fuel lines should be located underground, except where the presence of bedrock or other obstructions make such placement infeasible. Existing above -ground lines should be moved underground during normal replacement processes. SU-DR-81 Land filling in shoreline jurisdictions for utility facilities or line placement is prohibited. SU-DR-82 Clearing of vegetation for the installation or maintenance of utilities should be kept to a minimum. =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 187 of 388 Back to Agenda SU-DR-83 Within the shoreline jurisdiction, new utility mounting and transmission poles are limited to 35 feet in height, or the height limit provided for the zone by Title 20, whichever is less. • - . City of Port Orchard Shoreline Master Program I September 3, 2021 Page 188 of 388 Back to Agenda CHAPTER 8: SHORELINE ADMINISTRATION AND PERMIT PROCEDURES This chapter provides information on the City's processes and permit procedures regarding the Shoreline Management Act and the City of Port Orchard Shoreline Master Program. 8.1 Shoreline Administrator The City of Port Orchard's Community Development Director, or his/her designee, shall serve as the Shoreline Administrator. The Shoreline Administrator shall determine the proper procedure for all shoreline permit applications, and shall have the authority to grant, condition, or deny shoreline exemptions and administrative shoreline permits. 8.2 Hearing Examiner The Hearing Examiner shall have authority to conduct open record public hearings and to grant, condition, or deny applications for shoreline substantial use, variance, and conditional use permits, subject to final approval by the Department of Ecology. 8.3 Shoreline Exemptions A shoreline exemption is a Type I administrative decision, per POMC Section 20.22.020. The Shoreline Administrator shall promptly issue a letter of exemption if a proposed action meets the criteria required by WAC 173-27-040(2), or is specifically exempted pursuant to RCW 90.58.030(3)(e). Additionally, requirements to obtain a Substantial Development Permit (SDP), Conditional Use Permit, Variance, letter of exemption, or other review to implement the Shoreline Management Act do not apply to the following: (i) Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. (ii) Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355, any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system storm water general permit. (iii) WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356, Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356 are not required to obtain a Substantial Development Permit, Conditional Use Permit, Variance, letter of exemption, or other local review. (iv) Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045. (v) Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to chapter 80.50 RCW. • - . • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 189 of 388 Back to Agenda Per WAC 173-27-040, exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the SDP process. An exemption from the SDP process is not an exemption from compliance with the Shoreline Management Act or the City's Shoreline Master Program, nor from any other regulatory requirements. To be authorized, all uses and developments must be consistent with the policies and provisions of this Master Program and the Act. The burden of proof that a development or use is exempt from the permit process is on the applicant. If any part of a proposed development is not eligible for exemption, then an SDP is required for the entire proposed development project. The City may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the Act and the Master Program. 8.4 Multiple Permits Required Certain shoreline development or use proposals may require more than one shoreline permit or decision type (substantial development permit, shoreline conditional use permit, shoreline variance), and/or may also require additional land use permit approvals such as preliminary plat, conditional use permit, variance, binding site plan, etc. When more than one permit type is required for a shoreline development or use, all permit applications will be processed and reviewed concurrently according to the highest permit type (Types I-V) as specified in POMC 20.20 and 90.58.140, or as hereafter amended. If there is any conflict between the requirements of these regulations, the more stringent requirement shall control. 8.5 Shoreline Substantial Development Permits Shoreline Substantial Development Permits ("SDPs") are required for all developments (unless specifically exempt) that meet the legal definition of "substantial development." A "substantial development" is any development which meets the criteria of RCW 90.58.030(3)(e) or its successor, or any development which materially interferes with the normal public use of the water or shorelines of the state, or as specifically exempted pursuant to WAC 173-27-040. SDPs are reviewed and processed by local governments and subsequently sent to Ecology. Under WAC 173-27-150, substantial development permits cannot be approved unless they are consistent with policies and procedures of the Shoreline Management Act, Ecology rules, and the local master program. The City may condition a permit if needed to ensure consistency of the project with the Act and the City's Master Program. Certain proposed development activities and uses may qualify for processing as an administrative SDP subject to Section 8.5.1.1. An administrative SDP is a Type II decision per POMC Section 20.22.020. If a development activity or use does not qualify for an administrative SDP, it will be processed as a regular SDP, which is a Type III decision per POMC Section 20.22.020, and requires a public hearing before the City's hearing examiner. • - . City of Port Orchard Shoreline Master Program I September 3, 2021 Page 190 of 388 Back to Agenda 8.5.1 Shoreline Substantial Development Permits - Administrative 8.5.1.1 Development Activities Development activities that meet one or more of the following criteria and exceed the exemption thresholds shall be processed as an administrative SDP: (a) The remodel, rehabilitation, or other development activities that significantly alter the exterior of an existing building (e.g., adding a fire escape to a building exterior). Minor modifications such as roof replacement, changes in window or door openings, or new siding may qualify as a shoreline exemption; (b) Expansions of existing buildings that do not exceed a total of 1,000 square feet, will not exceed one-story in height, and will not increase the height of an existing roof; (c) Temporary buildings or other activities that do not qualify as an exemption because they may have a temporary adverse impact on public views, aesthetics, or public access; (d) Public access and other associated amenities that are located landward of the OHWM and the fair market value does not exceed $50,000; of -way; (e) Underground utility improvements, including utility extensions, within an existing right- (f) Installation of public art. 8.5.1.2 Permit Process Administrative shoreline permits will be processed as an administrative (Type II) permit in accordance with the requirements of POMC 20.22, RCW 90.58.140, and WAC 172-27, or as hereafter amended. If there is any conflict between the requirements of these regulations, the more stringent requirement shall control. 8.5.2 Shoreline Substantial Development Permits — Hearing Examiner 8.5.2.1. Development Activities. Substantial development permits that do not qualify for administrative review and approval under 8.4.1 shall be processed as a hearing examiner decision (Type III) permit in accordance with the requirements of POMC 20.22, RCW.90.58.140, and WAC 173-27, or as hereafter amended. If there is any conflict between the requirements of these regulations, the more stringent requirement shall control. 8.5.2.2. Permit Process Hearing examiner shoreline substantial development permits will be processed as a quasi-judicial (Type III) permit in accordance with the requirements of POMC 20.22, RCW 90.58.140, and WAC 173-27, or as hereafter amended. If there is any conflict between the requirements of these regulations, the more stringent requirement shall control. 8.6 Shoreline Conditional Use Permits 8.6.1 Description A Shoreline Conditional Use Permit (SCUP) is a Type III (quasi-judicial) decision per POMC 20.22.020, and requires a public hearing and decision by the City's hearing examiner. An SCUP allows greater flexibility in applying use regulations of the shoreline master program.. A development or use that is listed as a • - .: City of Port Orchard Shoreline Master Program I September 3, 2021 Page 191 of 388 Back to Agenda conditional use in the use table in 7.1, or that is not listed in the use table in 7.1, must obtain an SCUP even if the development or use does not require a substantial development permit or is otherwise exempt from permit requirements. A development or use that is listed as "prohibited" in the use table in 7.1 cannot be approved through an SCUP. 8.6.2 Criteria for Granting Shoreline Conditional Use Permits Uses which are classified or set forth in the applicable master program as conditional uses may be authorized provided that the applicant demonstrates all of the following: 1. That the proposed use is consistent with the policies of the SMA (RCW 90.58.020) and the master program; 2. That the proposed use will not interfere with the normal public use of public shorelines; 3. That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program; 4. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and 5. That the public interest suffers no substantial detrimental effect. 6. Conditional uses must also meet criteria in WAC 173-27-140 which apply to all development. Some proposals may require both a shoreline substantial development permit (Type I administrative or Type 11 hearing examiner) and a shoreline conditional use permit. Other proposals that are not a "substantial development" and are exempt from receiving an SDP might require a shoreline conditional use permit. 8.6.3 Permit Process Shoreline Conditional Use Permits are subject to processing under POMC 20.22.050, RCW 90.58.140 and WAC 173-27-160.. They are administered by the Shoreline Administrator or his/her designee, and are subject to public notice, public comment, a public hearing and SEPA requirements. City -approved SCUPs are sent to Ecology at the end of the local appeal period. Ecology must either approve, deny or condition every SCUP within 30 days of receiving a complete permit application. 8.7 Shoreline Variances 8.7.1 Description Shoreline variances are requests to adjust the applicable setback and/or bulk and dimensional requirements of the SMP where there are extraordinary or unique circumstances relating to the subject property such that the strict implementation of the SMP requirements would impose unnecessary hardship on the applicant or thwart the policies set for in RCW 90.58.020. When a development and/or use is proposed that does not comply with the bulk, dimensional and performance standards of the master program, such development can only be authorized by approval of a variance. A variance cannot be approved to permit a use that is listed as "prohibited" in the use table in 7.1. • - . • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 192 of 388 Back to Agenda Certain variance requests may qualify for processing as an administrative variance subject to Section 8.7.2. An administrative variance is a Type II decision per POMC Section 20.22.020. If a variance request does not qualify for an administrative variance, it will be processed as a regular variance, which is a Type III (quasi-judicial) decision per POMC Section 20.22.020, and requires a public hearing and a decision by the City's hearing examiner. 8.7.2 Criteria for Granting Shoreline Variances Any variance request must meet the requirements listed below, depending on whether an administrative (Type II) or hearing examiner (Type III) variance is requested. 8.7.3 Shoreline Variances - Administrative 8.7.3.1 Criteria for granting administrative (Type II)shoreline variances A request for an administrative shoreline variance must demonstrate that the development or use meets all of the criteria below, in order to be approved: The development and/or use is located landward of the ordinary high water mark (OHWM) as defined in RCW 90.58.030(2)(c), and/or landward of any wetland as defined in RCW 90.58.030(2)(h); and The maximum relief requested by the variance deviates from the applicable bulk, dimensional or performance standard(s) in the City's master program by no more than 20% of each applicable standard; and The development and/or use meets all of the criteria of WAC 173-27-170(1), (2), (4) and (5). If the administrative variance request meets the criteria for 3. above, but does not meet the criteria for both 1. and 2., an administrative variance cannot be granted, but a hearing examiner (Type III) shoreline variance may be requested. 8.7.4 Shoreline Variances — Hearing Examiner 8.7.4.1 When a hearing examiner (Type III) shoreline variance is required. A development proposal does not qualify to request an administrative (Type II) shoreline variance if any of the criteria below are met, and a hearing examiner shoreline variance must be requested: 1. The development or use will be located waterward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030(2)(c), or within any wetland as defined in RCW 90.58.030(2)(h); 2. The relief requested by the variance deviates from the applicable bulk, dimensional or performance standard(s) in the City's master program by more than 20% of any applicable standard. 3. Any other shoreline variance that does not meet the criteria for an administrative shoreline variance. 8.7.4.2 Criteria for granting hearing examiner (Type III) shoreline variances A request for a hearing examiner variance must demonstrate that the development or use will meet all of the criteria below, as applicable, in order to be approved: =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 193 of 388 Back to Agenda 1. If the development or use will be located waterward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030(2)(c), or within any wetland as defined in RCW 90.58.030(2)(h), it must meet the criteria of WAC 173-27-170(1), (3), (4) and (5). 2. For all variance requests, the development and/or use must meet all of the criteria of WAC 173-27-170. 8.7.5 Permit Process Requests for a shoreline variance (Type II or Type III) are administered by the Shoreline Administrator or his/her designee, and are subject to public notice, public comment, a public hearing (Type III only) and SEPA requirements. City -approved shoreline variances are sent to Ecology at the end of the local appeal period. Ecology must either approve, deny or condition every shoreline variance within 30 days of receiving a complete permit application. 8.8 Appeals The granting, denying or rescinding of a shoreline substantial development permit, shoreline conditional use permit or shoreline variance may be appealed to the state shoreline hearings board as provided in RCW 90.58.180. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 194 of 388 Back to Agenda CHAPTER 9: NONCONFORMING DEVELOPMENT AND USES Nonconforming development includes shoreline uses and structures which were lawfully constructed, established, or created prior to the effective date of the Shoreline Management Act or the Master Program, or amendments thereto, but which do not conform to present regulations or standards of the Master Program or policies of the Act. In such cases, the standards of this Chapter shall apply. Redevelopment or expansion of nonconforming development and uses located within the High Intensity shoreline environment may occur consistent with the requirement of Appendix C. 9.1 Nonconforming Uses Nonconforming uses include shoreline uses which were lawfully established prior to the effective date of the Act or the Master Program, or amendments thereto, but which do not conform to present regulations or standards of the Master Program or policies of the Act. The continuance of a nonconforming use is subject to the following standards: a. Change of ownership, tenancy, or management of a nonconforming use shall not affect its nonconforming status, provided, that the use does not change or intensify. b. Additional development of any property on which a nonconforming use exists shall require that all new uses conform to this Master Program and the Act. c. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed without a shoreline variance. d. If a nonconforming use is discontinued for a period of 365 or more consecutive calendar days, it shall lose its nonconforming status, and the continued use of the property shall be required to conform to the provisions of this Master Program and the Act, or obtain a shoreline variance. A use which is listed as a conditional use but which existed prior to adoption of the Master Program for which a Conditional Use Permit has not been obtained shall be considered a nonconforming use. 9.2 Nonconforming Structures 1) Nonconforming structures include shoreline structures which were lawfully constructed or placed prior to the effective date of the Act or the Master Program, or amendments thereto, but which do not conform to present bulk, height, dimensional, setback, or density requirements. Nonconforming structures may continue even though the structures fail to conform to the present requirements of the environmental designation in which they are located. A nonconforming structure may be maintained as follows: a. Necessary repairs and alterations that do not increase the degree of nonconformity may be made to nonconforming structures. b. A nonconforming building or structure may be repaired and maintained, and replaced as provided in and as limited by this section and by Appendix C. Any maintenance or repair shall be within the existing building or structure footprint and shall not increase the degree of nonconformity. c. Changes to interior walls or non structural improvements may be made to nonconforming buildings or structures. • - City of Port Orchard Shoreline Master Program I September 3, 2021 Page 195 of 388 Back to Agenda d. A nonconforming building or structure that is located within the High Intensity shoreline designation, and that is nonconforming as to the bulk, dimensional and density requirements of this Master Program, may be added to or enlarged if such addition or enlargement conforms to the regulations of the zoning district and the shoreline environment designation, provided that the addition or enlargement is consistent with the standards of Appendix C. e. A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this section shall apply as they apply to preexisting nonconformities. 2) Residential structures shall be deemed "conforming" and not subject to the provisions of this Section 9.2 under the following conditions: a. the residential structure or appurtenant structure was legally established and used for a conforming use when established; b. the residential structure or appurtenant structure is not an over -water structure; c. the residential structure or appurtenant structure is non -conforming solely because it no longer meets the current standards for: setbacks, buffers, or yards; area; bulk; height; or density; and d. redevelopment, expansion, change of occupancy class, or replacement of the residential structure is consistent with the master program, including requirements for no net loss of shoreline ecological functions. For purposes of this provision, "appurtenant structures" means garages, sheds, and other legally established structures. "Appurtenant structures" does not include bulkheads and other shoreline modifications or over -water structures. Nothing in this section affects the application of other federal, state, or local government requirements to residential structures. 9.3 Nonconforming Lots Undeveloped lots, tracts, parcels or sites located landward of the ordinary high water mark that were established prior to the effective date of the Act and this Master Program, but that do not conform to the present lot size or density standards are considered nonconforming lots of record and are legally buildable subject to the following conditions: a. All new structures or additions to structures on any nonconforming lot must meet all setback, height, and other construction requirements of this Master Program, the Act, and the underlying zoning requirements, and must also comply with the City's applicable design, building, and engineering standards. b. Lot or boundary line adjustments must be reviewed and approved by the City of Port Orchard Planning Department, so as not to create further nonconformities. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 196 of 388 Back to Agenda CHAPTER 10: SHORELINE ENFORCEMENT AND PENALTIES 10.1 Shoreline Enforcement The choice of enforcement action and the severity of any penalty should be based on the nature of the violation and the damage or risk to the public or to public resources. The existence or degree of bad faith of the persons subject to the enforcement action, the benefits that the violator enjoys, and the cost of obtaining compliance should be considered. The City's Shoreline Administrator and the City's Code Enforcement Officer, or his/her designees, are authorized to enforce the City's shoreline master program. 10.2 Penalties Any person found to have willfully engaged in activities on the City's shorelines in violation of the Shoreline Management Act of 1971 or in violation of the City's Master Program, rules or regulations adopted pursuant thereto shall be subject to the enforcement and penalty provisions of POMC Chapter 20.02, or as amended hereafter. =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 197 of 388 Back to Agenda CHAPTER 11: MASTER PROGRAM REVIEW, AMENDMENTS AND ADOPTION 11.1 Master Program Review This Master Program shall be periodically reviewed and adjustments shall be made as are necessary to reflect changing local circumstances, new information, improved data, and changes in State statutes and regulations. This review process shall be consistent with WAC 173-26 requirements and shall include a local citizen involvement effort and public hearings consistent with state and local requirements. 11.2 Amendments to the Shoreline Master Program Any provisions of this Master Program may be amended as provided for in RCW 90.58.120 and 90.58.200 and WAC 173-26. Amendments or revision to the Master Program, as provided by law, do not become effective until approved by the Washington State Department of Ecology. Proposals for changes to shoreline environment designations must demonstrate consistency with the criteria set forth in WAC 173-22-040 11.3 Severability If any provisions of this Master Program, or its application to any person or legal entity or parcel of land or circumstances is held invalid, the remainder of the Master Program, or the application of the provisions to other persons or legal entities or parcels of land or circumstances, shall not be affected. 11.4 Effective Date This Master Program shall take effect on ***, 2021 and shall apply to new applications submitted on or after that date and to incomplete applications submitted prior to that date. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 198 of 388 Back to Agenda CHAPTER 12: DEFINITIONS Accessory Building — A separate building attached to or detached from the principal building and used for purposes customarily incidental to the use of the principal building. Accessory buildings can include, but are not limited to: garage, shed, playhouse, cabana, hobby room, etc. Accessory Dwelling Unit (ADU) — A separate, complete swelling unit attached to or contained within the structure of the principal dwelling; or contained within a separate structure that is accessory to the principal dwelling unit on the premises. Accessory Use —A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use. Accretion — The growth of a beach by the addition of material transported by wind and/or water. Included are such shoreforms as barrier beaches, points, spits, and hooks. Act —The Shoreline Management Act of 1971, as amended (RCW Chapter 90.58). Activity — An occurrence associated with a use; the use of energy toward a specific action or pursuit including, but not limited to fishing, boating, swimming, shellfish harvest, etc. Administrator —The Shoreline Administrator is the City of Port Orchard Development Director, or designee, charged with administering the Shoreline Master Program. Agriculture - The cultivation of soil, production of crops, and/or raising of livestock. Agricultural activities —Agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as the result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation. Agricultural products — Agricultural products includes, but is not limited to, horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, see, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty years of planting; and livestock including both the animals themselves and animal products including, but not limited to, mean, upland finfish, poultry and poultry products, and dairy products. Agricultural equipment and agricultural facilities — Includes, but is not limited to: a) The following used in agricultural operations: Equipment machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including, but not limited to, pumps, pipes, tapes, canals, ditches, and drains. b) Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands ' - • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 199 of 388 Back to Agenda c) Farm residences and associated equipment, lands, and facilities d) Roadside stands and on -farm markets for marketing fruit or vegetables Agricultural land —Those specific land areas on which agricultural activities are conducted as of the date of adoption of a local master program pursuant to these guidelines as evidenced by aerial photography or other documentation. After the effective date of the master program, land converted to agricultural use is subject to compliance with the requirements of the master program. Amendment — A revision, update, addition, deletion and/or reenactment to the Port Orchard SMP. Anadromous Fish — Species, such as salmon, which are born in fresh water, spend a large part of their lives in the sea, and return to freshwater rivers and streams to spawn and reproduce. Approval — An official action by the City of Port Orchard agreeing to submit a proposed SMP or amendments to the Department of Ecology for review and official action pursuant to the SMA. Appurtenant Structure or Building —A structure or building that is secondary to or which supports the use of the principal structure or building on the site, serving a purpose customarily associated with and incidental to the principal structure. Examples: decks, garages, parking lots and patios. Aquaculture — The culture and farming of fish, shellfish, or other aquatic plants and animals. Aquaculture does not include the harvest of wild geoduck associated with the state managed wildstock geoduck fishery or upland finfish. Aquatic - All water bodies, including marine waters, lakes, rivers, and streams and their respective water columns and underlying lands, which are defined as shorelines of the state. Archaeology —The systematic recovery by scientific methods of material evidence remaining from human life and culture in past ages, and the detailed study of this evidence. Assessed Value —The value of land and/or improvements as determined by the Kitsap County Assessor. Associated Wetlands —Those wetlands that are in proximity to and either influence, or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act. Backshore—The shore area wetted by storm tides but normally dry between the coastline and the high tide line. It may be a narrow gravel berm below a sea bluff or a broader complex of berms, marshes, meadows, or dunes landward of the high tide line. Bathymetry, Bathymetrics - The measurement of water depth at various locations in a body of water, and; the information derived from such measurements. Beach — The zone of unconsolidated material that is moved by waves, wind and tidal currents, extending landward to the coastline. Beach feeding — A process by which beach material is deposited at one or several locations in the updrift portion of a driftcell. The material is then naturally transported by a wave's downdrift to stabilized or restore eroding beaches or berms. Benthic — Of or having to do with the bottom of oceans or seas. Berms — A linear mound of sand or gravel that is placed parallel to the shore at or above ordinary high water mark. It may be a natural or a manmade feature. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 200 of 388 Back to Agenda Best Management Practices (BMPs) — BMPs are methods of improving water quality. BMPs encompass a variety of behavioral, procedural, and structural measures that reduce the amount of contaminants in stormwater runoff and in receiving waters. The term "best management practices" is typically applied to nonpoint source pollution controls. Bioengineering — The practice of using natural vegetative materials to stabilize shorelines and prevent erosion. This may include use of bundles of stems, root systems, or other living plant material, soft gabions, fabric, or other soil stabilization techniques, and limited rock toe protection where appropriate. Bioengineering projects often include fish habitat enhancement measures in project design. The use of bioengineering is seen as an alternative to riprap, concrete, or other structural solutions. Biofiltration System —A stormwater or other drainage treatment system that utilizes as a primary feature the ability of plant life to screen out and metabolize sediment and pollutants. Typically, biofiltration systems are designed to include grassy swales, retention ponds, and other vegetative features. Biota —Animals and plants that live in a particular location or region. Boat House — A structure designed for storage of vessels located over water or in upland areas. Boat houses do not include any sort of residential development (i.e. houseboats). Boat Launch — Graded slopes, slabs, pads, planks or rails used for launching boats by means of a trailer, hand, or mechanical device. Boat Lift — A mechanical device that can hoist vessels out of the water for storage, repair, or maintenance. Boat Ramp —See "boat launch" above. Boating Facilities — Boating facilities include marinas, both backshore and foreshore, dry storage and wet -moorage types, covered moorage, and marine travel lifts. Boatyard — A service business that builds, repairs or maintains small vessels: • At least 85 percent of which are 65 feet or less in length; or • More than 85 percent of the gross receipts come from working on vessels. Breakwater — A structure, either rigid or floating, constructed offshore to protect beaches, bluffs, dunes or harbor areas from wave action. Buffer — A parcel or strip of land that is designed and designated to permanently remain vegetated in an undisturbed and natural condition to protect an adjacent aquatic or wetland site from upland impacts, or to provide habitat for wildlife. Building - Any structure having a roof and walls, used or built for the housing, shelter or enclosure of persons, animals or property of any kind. Building Height —The vertical height or distance from the uphill elevation of the lower or either the existing or finished grade at the foundation or slab to the highest point of the roof of the building. If the uphill elevation line is not level, the average uphill elevation shall be the basis for the measurement. Bulkhead — A solid or open pile wall usually constructed parallel to the shore whose primary purpose is to contain and prevent the loss of soil by erosion, wave, or current action. Bulkheads are used to protect marine bluffs by retaining soil at the toe of the slope or by protecting the toe of the bank from • - City of Port Orchard Shoreline Master Program I September 3, 2021 Page 201 of 388 Back to Agenda erosion and undercutting. Bulkheads are typically constructed of concrete, steel or aluminum sheet piling, wood, or wood and structural steel combinations. Buoy — A floating device anchored in a waterbody for navigational purposes or moorage. See also "mooring buoy." Campground — An outdoor area established for recreational overnight accommodations. Channel — An open conduit for water either naturally or artificially created. Channel Migration Zone —An area in a floodplain where a stream or river channel can be expected to move naturally over time in response to gravity and topography. City —The City of Port Orchard, Washington. Clearing —The destruction or removal of vegetation, ground cover, shrubs and trees including, but not limited to, root material removal that affects the erosive potential of soils. Covered Moorage — Boat moorage, with or without walls, that has a roof to protect vessels. Commercial — Commercial developments are those uses that include wholesale, retail, service, office or business trade activities. A mixed -use development that contains commercial uses and residential uses within the same building or buildings shall be regulated as a commercial use according to the requirements of this Master Plan, including but not limited to setbacks, height and public access. Comprehensive Plan — The document, including maps, adopted by the City Council that outlines the City's goals and policies relating to the management of growth, and prepared in accordance with RCW 36.70A. Conditional Use — A use, development, or substantial development which is classified as a conditional use or a use which is not classified within the Master Program. Conservancy —An area with valuable natural, cultural, or historical resources. County — Kitsap County, Washington. Creek — A small stream, often a shallow or intermittent tributary to a river. Critical Areas — Aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas and critical drainage corridors, geologically hazardous areas, wetlands and streams. Cumulative Impacts — The impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. Development — For the purposes of this Master Program, development means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level. Development does not include dismantling or removing structures if no other work is being performed. • - • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 202 of 388 Back to Agenda Dike — An embankment usually placed within or near the edge of a flood plain to protect adjacent lowlands from flooding. Dock — A landing and moorage facility for watercraft that abuts the shoreline and does not include recreational decks, storage facilities, or other appurtenances. Downdrift—The direction of movement of beach materials. Dredging —The removal of earth, sand, gravel, silt, or debris from the bottom of a stream, river, lake, inlet, bay, or other water body and associated wetlands. Drift Cell — A geographic unit along the shore. Each begins at a sediment source along an eroding shoreline, often at the base of "feeder bluffs." Sediment is transported within the drift cell by currents and wind-blown waves, finally being deposited at an accretion shoreform (e.g. spits, sandbars, accretion beach) marking the end of the drift cell. Dwelling unit — One or more rooms designed for occupancy by a person or family for living and sleeping purposes, containing kitchen facilities, lavatory, and closet, and rooms with internal accessibility, for use coley by the dwelling's occupant; including but not limited to bachelor, efficiency and studio apartments, modular and manufactured homes. Dwelling unit — multifamily — A residential structure designed for occupancy by more than one family household that is built in combination with other residential structures. Each dwelling unit in the structure is built exclusively for occupancy by a single family with no other uses except accessory activities. However, a multifamily structure may share one or more common walls and stack units on multiple floors. Multifamily residential structures may be clustered on a site, located on a lot line (zero lot line), and include stacked multiplex, garden apartments, and other prototypes. Ecological Function — Work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. Ecosystem -wide processes — The suite of naturally occurring physical and geologic processes of erosion, transport, and deposition, an dspecific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions. Enhancement — An action approved by the Shoreline Administrator and taken with the intention on probably effect of improving the condition and function of a shoreline area, such as improving environmental functions in an existing, viable shoreline habitat by means of increasing plant diversity, increasing wildlife habitat, installing environmentally compatible erosion controls, or removing nonindigenous or invasive plant or animal species. Enhancement may include alteration of an existing resource to improve or increase ecological characteristics and processes without degrading other existing functions. Any fish habitat enhancement project must meet the criteria of one or more actions included in RCW 77.55.181(1)(a). Environmental Impacts —The effects or consequences of actions on the natural and built environments. Erosion — The group of natural processes including weathering, dissolution, abrasion, corrosion, and transporting by which earth or rocky material is removed from any part of the earth's surface. Erosion can be exacerbated by human action, such as earth -moving or clearing activities. Esplanade — A level stretch of ground, especially a public walk or walkway. City of Port Orchard Shoreline Master Program I September 3, 2021 Page 203 of 388 Back to Agenda Estuary — The portion of a shoreline in which marine water is measurably diluted with fresh water from streams and/or land drainage. Exaction —The act or process of exacting; extortion; something exacted; especially a fee, reward or contribution demanded or levied with severity or injustice. Exemption — Development activity exempt from the requirements of the substantial development permit process of the SMA. An activity that is exempt from the substantial development provisions of the SMA must still comply with the policies and standards of the Act, and this Master Program. Condition use and/or variance permits may also be required even though the activity does not need a substantial development permit. Extreme Low Tide —The lowest line of the land reached by a receding tide. Fair Market Value —The open market bid price of a property and associated improvements. Fair market value for a proposed development is the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services, materials, and labor necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, and equipment and facility usage, transportation and contractor overhead and profit. The fair market value of a development shall include the fair market value of any donated, contributed, or found labor, equipment, or materials. Feasible — An action such as a development project, mitigation, or preservation requirement, that meets all of the following conditions: a) the action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; b) the action provides a reasonable likelihood of achieving its intended purpose; and c) the action does not physically preclude achieving the project's primary intended legal use. Feeder Bluff —A bluff or cliff experiencing periodic erosion from waves, sliding or slumping, whose eroded earth, sand or gravel material is naturally transported (littoral drift) via a driftway to an accretion shoreform. Fill —The addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. First Class Tidelands —The beds and shores of navigable tidal waters lying within or in front of the corporate limits of any city, or within one mile thereof, upon either side and between the line of the ordinary high tide and the inner harbor line, and within two miles of the corporate limits on either side and between the line of ordinary high tide and the line of extreme low tide. Fish Habitat Enhancement — see "Enhancement" Float — A floating structure, not connected to the shoreline, that is moored, anchored, or otherwise secured in the water. A float may be accessible via a ramp connected to the shore. Flood Control —Any undertaking for the conveyance, control, and dispersal of floodwaters caused by abnormally high precipitation or stream overflow. Floodplain —The one -hundred year flood plain, or land area susceptible to being inundated by stream derived waters with a one percent chance of being equaled or exceeded in any given year. The limits of City of Port Orchard Shoreline Master Program I September 3, 2021 Page 204 of 388 Back to Agenda this area are based on flood regulation ordinance maps or a reasonable method that meets the objectives of the SMA. Floodway - the area that has been established in effective federal emergency management agency flood insurance rate maps or floodway maps. The floodway does not include lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state. Footprint, Building - The area covered by a building on the ground. For the purposes of this Master Program, this definition does not include cantilevered portions of a building, or those portions of a site that have only surface development without walls and a roof (such as a deck or patio) or development located solely underground (such as a below -ground basement). Functions and Values — See "Ecological Functions." Forest Practices — Any activity conducted on or directly related to forest land and related to growing, harvesting, or processing timber. These activities include, but are not limited to; road and trail construction, final and intermediate harvesting, precommercial thinning, reforestation, fertilization, prevention and suppression of disease and insects, salvage of trees, and brush control. Forest practices that only involve timber cutting are not considered "development" under the Shoreline Management Act, and do not require shoreline development permits; however, other permits may be required. Freeboard — For the purposes of this Master Plan, it is the difference between the height of a shoreline armor structure and the water depth at the ordinary high water mark, measured at the seaward toe of the structure. Gabions — Structures composed of masses of rocks, rubble or masonry held tightly together usually by wire mesh so as to form blocks or walls. Sometimes used on heavy erosion areas to retard wave action or as foundations for breakwaters or jetties. Geomorphology —The science dealing with the relief features of the earth and the processes influencing their formation. Growth Management Act (GMA) — The Washington State Growth Management Act of 1990 and amended thereto. Codified in RCW 36.70A. Grading — The movement or redistribution of soil, sand, rock, gravel, sediment or other material on a site in a manner that alters the natural contour of the land. Grassy Swale — A vegetated drainage channel that is designed to remove pollutants from stormwater runoff through biofiltration. Groin — A barrier -type structure extending from the backshore or streambank into a water body for the purpose of the protection of a shoreline and adjacent uplands by influencing the movement of water and/or deposition of materials. Guidelines —Those standards adopted by the state prior to adoption of master programs. Such standards shall also provide criteria for local governments and the department in developing and amending master programs. Habitat —The place or type of site where a plant or animal naturally or normally lives and grows. Habitat Enhancement —see "Enhancement" • - City of Port Orchard Shoreline Master Program I September 3, 2021 Page 205 of 388 Back to Agenda Harbor Area —The area of navigable tidal waters as determined in Section 1, Article 15 of the Washington State Constitution, which shall be forever reserved for landings, wharves, streets, and other conveniences of navigation and commerce. Hard Shoreline Stabilization — see "Shoreline Stabilization". Hearing Examiner —The Hearing Examiner of the City of Port Orchard. Hearings Board — The Shoreline Hearings Board established by the Shoreline Management Act. Height, Building — See "building height." Hook — A spit or narrow cape of sand or gravel which turns landward at the terminal end. Hybrid Shoreline Stabilization — see "Shoreline Stabilization". Hydraulic Project Approval (HPA) — The permit issued by the Washington Department of Fish and Wildlife pursuant to RCW 75.20.100-140. Hydric Soil — Soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper soil horizon(s), thereby influencing the growth of plants. Industry — The production, processing, manufacturing, or fabrication of goods or materials. Warehousing and storage of materials is considered part of the industrial process. Inner Harbor Line —A line located and established in navigable tidal waters between the line of ordinary high tide and the out harbor line and constituting the inner boundary of the harbor area. In -kind Replacement — To replace natural or man-made features with features whose characteristics closely match those which were destroyed, displaced, degraded or removed by an activity. Intertidal —The vertical zone between the average high and average low tides. The intertidal zone of a stationary structure or bank is subject to alternate wetting and drying. Jetty — A structure projecting out into the sea at the mouth of a river for the purpose of protecting a navigational channel, a harbor, or to influence water currents. Landfill — The creation of dry upland areas by the deposition of sand, soil, or gravel into a body of water or wetland. Levee — A large dike or embankment which is designed as part of a system to protect land from floods. Littoral Drift — The mud, sand, or gravel material moved parallel to the shoreline in the nearshore zone by waves and currents. Marina — A facility that provides launching, storage, supplies, moorage, and other accessory services for six or more pleasure and/or commercial water craft. Master Program — See "shoreline master program." May — Means the action is acceptable, provided it conforms to the provisions of WAC 173-26. Mitigation —The process of avoiding, reducing, or compensating for environmental impact(s) of a proposal. Mixed -Use — A mixed -use development contains a multi -family residential use, and commercial, public and/or recreational uses within the same building(s). • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 206 of 388 Back to Agenda Moorage — Any device or structure used to secure a vessel for temporary anchorage, but which is not attached to the vessel (such as a dock or buoy). Mooring Buoy — A floating object anchored to the bottom of a water body that provides tie up capabilities for vessels. Must — Means a mandate; the action is required. Navigable Waters —Those waters lying waterward of an below the line of navigability on lakes not subject to tidal flow, or extreme low tide mark in navigable tidal waters, or the outer harbor line where harbor area has been created. Non -conforming Use or Development, Legal — A shoreline use or structure or portion thereof which was lawfully constructed or established prior to the effective date of the SMA or local Shoreline Master Program or amendments, but no longer conforms to the policies and regulations of the Master Program. Non -water -oriented Use —A use which has little or no relationship to the shoreline and is not considered a priority use under the SMA. All uses which do not meet the definition of water -dependent, water -related or water -enjoyment are classified as non -water -oriented uses. Examples may include, but are not limited to professional offices, gas stations, auto dealerships, convenience stores, general retail, etc. Normal Maintenance — Those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. Normal Repair — To restore a development to a state comparable to its original condition within a reasonable period after decay or partial destruction, except where repair involves total replacement which is not common practice or causes substantial adverse effects upon the shoreline resource environment. Noxious Weed — Any plant that is invasive, and is listed on the state noxious weed list in WAC 16-750. Offshore —The sloping subtidal area seaward from low tide. Offshore Moorage Device — An offshore device anchored or otherwise attached to the sea bottom used to moor watercraft. Off -site Compensation — Compensation for lost or degraded wetlands or other shoreline environmental resources by creating or restoring these areas on lands other than the site on which the impacts were located. OHWM — See Ordinary High Water Mark On -site Compensation — Compensation for lost or degraded wetlands or other shoreline environmental resources by creating or restoring these areas at or adjacent to the site on which the impacts were located. One -hundred Year Flood Elevation —The elevation in feet of the area which has a one percent chance or greater of being flooded in any given year. One -Hundred Year Flood Hazard Area — An area which has a one percent chance or greater of being flooded in any given year. One -Hundred Year Flood —The maximum flood expected to occur during a one -hundred year period. City of Port Orchard Shoreline Master Program I September 3, 2021 Page 207 of 388 Back to Agenda Open Space — A land area allowing view, use or passage that is almost entirely unobstructed by buildings, paved areas, or other manmade structures. Ordinary High Water Mark (OHWM) — That mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the Department of Ecology; provided that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. Outer Harbor Line — A line located and established in navigable waters as provided in Section 1 of Article 15 of the Washington State Constitution, beyond which the State shall never sell or lease any rights whatsoever. Over -water Structures — Structures built waterward of the OHWM including, but not limited to, piers, docks, jetties, dwelling units, and breakwaters. Permit — A shoreline substantial development permit, variance, or conditional use permit, permit revision, or any combination thereof. Person — An individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated. Pier — A fixed, pile -supported structure built over the water, used as a landing place for marine transport or for recreational purposes. Pocket Beach — An isolated accretion beach bordered by shoreline modifications. Pollutant — Any substance that has been or may be determined to cause or tend to cause injurious, corrupt, impure, or unclean conditions when discharged to surface water, air, ground, sanitary sewer system, or storm drainage system. Priority Habitat — A habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes; • Comparatively high fish or wildlife density • Comparatively high fish or wildlife species diversity • Fish spawning habitat • Important wildlife habitat • Important fish or wildlife seasonal range • Important fish or wildlife movement corridor • Rearing and foraging habitat • Important marine mammal haul -out • Refugia habitat • Limited availability • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 208 of 388 Back to Agenda • High vulnerability to habitat alteration • Unique of dependent species • Shellfish bed A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat may also be described by a successional stage (such as, old growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such as a consolidated marine/estuarine shoreline, talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife. Priority Species — means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below. a) Criterion 1. State -listed or state proposed species. State -listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State proposed species are those fish and wildlife species that will be reviewed by the Department of Fish & Wildlife (POL-M-6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232-12-297. b) Criterion 2. Vulnerable aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate. Examples include heron colonies, seabird concentrations, and marine mammal congregations. c) Criterion 3. Species of recreational, commercial, and/or tribal importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation. d) Criterion 4. Species listed under the federal Endangered Species Act as either proposed, threatened, or endangered. Priority Use —The Shoreline Management Act and this Master Program give preference to shoreline uses that are water -dependent or water -related, provide public access and recreational use of the shoreline, as well as other uses which provide an opportunity for substantial numbers of people to enjoy the shoreline and to single-family residences. Provisions — Policies, regulations, standards, guideline criteria or environment designations. Public Access — A means of physical approach to and along the shoreline available to the general public. This may also include visual access. Provision of public access is a non-profit activity. Public Interest — The interest shared by citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected such as an effect on public property or on health, safety, or general welfare resulting from a use or development. Public Use — To be made available daily to the general public on a first -come, first -served basis. RCW — Revised Code of Washington • - : • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 209 of 388 Back to Agenda Recreational Facilities — Facilities such as parks, trails, pathways, campgrounds, and swim rafts that provide a means for relaxation, play, or amusement. Redevelop, Redevelopment - "Redevelop" or "redevelopment" means the replacement of an existing structure or part of an existing structure, or demolition of the structure, with development of a new and/or remodeled structure or structures in its place. Revetment — A sloped shoreline structure built to protect an existing eroding shoreline or newly placed fill against currents and wave action. Revetments are most commonly built of randomly placed boulders (riprap) but may also be built of sand cement bags, paving, or building blocks, gabions, or other systems and materials. Riprap — A loose assemblage of broken rock or concrete erected in or near water for protection from wave and current action. Rock Weir —A structure made of loose rock that is designed to control sediment movement, water flow, or both. A rock weir adjacent to a shoreline is typically formed by placing rock in a line outward from the shore, with the top of the rock embankment below the water level to restrict current movements parallel to the shore without completely blocking flow. SEPA—State Environmental Policy Act SEPA Checklist — A form, available at the City, which is required of some projects to identify the probable significant adverse impacts on the environment. The checklist will assist the responsible official with making a determination of significance or nonsignificance. Sea Wall — A bulkhead, for the primary purpose of armoring the shore from erosion by waves, which also may incidentally retain uplands or fills. Sea walls are usually larger than bulkheads because they are designed to resist the full force of waves. Setbacks —The distance between buildings or uses and their lot lines as established in the Land Use Regulatory Code or the Shoreline Master program. Shorelands —Those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark, including all wetlands associated with the shoreline which are subject to the provisions of the Shoreline Management Act and this Master Program, and to determination by the Department of Ecology. Shoreline Administrator —The Shoreline Administrator for the City of Port Orchard is the Director of the Department of Community Development, or his/her designee. Shoreline Permit — See "Permit." Shorelines — All the water areas within the state, including reservoirs, and their associated wetlands, together with all underlying lands, EXCEPT 1) shorelines of statewide significance; 2) shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less, and the associated wetlands; and 3)shorelines on lakes of less than 20 acres in size and their associated wetlands. Shorelines of Statewide Significance — Shorelines designated by the Shoreline Management act of 1971. Sinclair Inlet and adjacent saltwaters lying seaward of the extreme low tide are identified as a Shoreline of Statewide Significance. • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 210 of 388 Back to Agenda Shorelines Hearings Board — A state -level quasi-judicial body, created by the Shoreline Management Act, which hears appeals by any aggrieved party on the issuance of a shoreline permit, enforcement penalty and appeals by local government of DOE approval of master programs, rules, regulations, guidelines or designations under the SMA. Shorelines of the State —The total of all shorelines and shorelines of statewide significance. Shoreline Stabilization - Actions taken to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, tides, wind or wave action. These actions include structural and nonstructural methods. Nonstructural methods, for example, include approaches such as building setbacks, structure relocation, groundwater management, and land use planning. Structural methods can be "hard" or "soft." "Hard" structural stabilization measures refer to those with solid, hard surfaces, such as concrete bulkheads, while "soft" structural measures rely on less rigid materials, such as bioengineering vegetation measures or beach enhancement. "Hybrid" structures are a composite of both soft and hard elements and techniques along the length of the armoring. If any portion of a proposed development contains a measure or measures related to those defined as "hard" shoreline stabilization, except hard measures necessary to protect the connection to existing hard stabilization on adjoining properties, the whole development must be considered a 'hybrid'. Beach nourishment used for compensatory mitigation does not reclassify a hard structure as a hybrid structure. Generally, the harder the construction measure, the greater the impact on shoreline processes including sediment transport, geomorphology, and biological functions. Hard elements may be incorporated into Hybrid bank protection if those elements are used only for anchoring large wood and will not significantly impact shoreline processes such as erosion, wood recruitment, or littoral drift. Hard elements must not function as bank protection, groins, or beach grade control. A maximum of 15% of the hybrid bank protection project length may include hard armor features; if more than 15% of the bank protection project length includes hard armor features, the bank protection project will be considered "hard" and not "hybrid". The Washington State Department of Fish and Wildlife or the Department of Ecology may be consulted by the City to help determine whether hard anchoring elements will impact shoreline processes or function as bank protection, groins, or beach grade control. There are a range of measures for shoreline stabilization varying from soft to hard that include, but are not limited to: A. Soft. 1. Vegetation enhancement; 2. Beach enhancement; 3. Bioengineering measures; 4. Anchor logs and stumps; and 5. Gravel placement/beach nourishment. B. Hard. 1. Rock revetments; 2. Gabions; 3. Groins; 4. Bulkheads; and 5. Seawalls; and 6. Pile walls. Sign — Any visual communication device, structure, fixture, placard, painted surface, awning, banner, or balloon using graphics, lights, symbols, and/or written copy designated specifically for the purpose of • - City of Port Orchard Shoreline Master Program I September 3, 2021 Page 211 of 388 Back to Agenda advertising, identifying, or promoting the interest of any person, institution, business, event, product, goods, or services; provided, that the same is visible from any public right-of-way or waterway. Single -Family Residence — A detached dwelling unit designed for and occupied by one family, including those buildings, structures and developments within a contiguous ownership which are of a normal appurtenance (WAC 173-27-040(2)(g)). This definition does not prevent a single-family residence from containing an accessory dwelling unit provided that the requirements of POMC Title 20 for this use are met. SMA— See Shoreline Management Act. Soft Shoreline Stabilization — see "Shoreline Stabilization". State Environmental Policy Act (SEPA) — SEPA requires state agencies, local governments and other lead agencies to consider environmental impacts when making most types of permit decisions, especially for development proposals of a significant scale. As part of the SEPA process, EISs may be required to be prepared and public comments solicited. Stream — A body of running water that moves over the land surface in a channel or bed. Structure — A permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels. Structure or Building, Principal — The structure or building associated with the principal use of the property. In some circumstances, such as multi -building commercial or multifamily residential development, there may be more than one principal structure on a property. This definition shall not include nonhabitable, accessory structures and buildings such as storage sheds, decks, patios, greenhouses, swimming pools, and parking lots. Substantial Development — Any developments of which the total cost or fair market value exceeds the amount currently established and in effect per WAC 173-27-040(2)(a), or any development which materially interferes with the normal public use of the water or shorelines of the state; EXCEPT as specifically exempted pursuant to RCW 90.58.030(3)(e). Taking — The act of one who takes; something taken, as a catch of fish; informal receipts, especially of money; a government action assuming ownership of real property by eminent domain. Upland —The area above and landward of the ordinary high water mark. Use — The purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of performance or operation of such activity with respect to the provision of this title. The definition of "use" also includes the definition of "development." Utility — A service or facility that produces, transmits, stores, processes, or disposes of electrical power, gas, water, sewage, communications, oil, and the like. Utilities have been categorized as principal, accessory, and personal wireless facilities. a) Principal utilities are services and facilities that produce, transmit, carry, store, process or dispose of power gas, water, sewage, communications (except wireless facilities), oil and the like. • - ' • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 212 of 388 Back to Agenda b) Accessory utilities are small-scale distribution services directly serving a permitted shoreline use. c) Personal wireless facilities include any unstaffed facility for the transmission and/or reception of personal wireless services. This can consist of an equipment shed or cabinet, a support structure, or an existing structure to achieve the necessary elevation, and the antenna or antenna array. Variance —To grant relief from specific bulk, dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline. Vegetation Removal —The removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes impacts to functions provided by such vegetation. The removal of invasive or noxious weeks does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal. Vessel — Means ships, boats, barges or any other floating craft that are designed for navigation in order to transport people or goods over water, are used for or capable of being used for navigation, and do not interfere with the normal public use of the water. A vessel is considered capable of being used for navigation even if it is not used for navigation due to actions or inactions of the vessel owner(s) or due to conditions affecting the use of the vessel for navigation, which include, but are not limited to, broken engines, lack of an engine, hull damage, physical modifications, or missing sails. Vessel also means historic ships that do not have means of self -propulsion and steering equipment. Water -dependent Use — A use which cannot exist in any other location than on the water and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water - dependent uses may include, but are not limited to: 1) Public or private terminal/transfer facilities 2) Ferry terminals 3) Ship construction and repair facilities 4) Marinas and boat moorages 5) Tug and barge companies 6) Water transport dependent industries (e.g. pulp and lumber mills) 7) Fish processing plants requiring water transport 8) Float plane facilities 9) Aquaculture 10) Sewer outfalls Water -enjoyment Use — A use providing passive and active recreation for a large number of people along shorelines. Through location, design, and operation, the use also provides the ability for the public to interact with the shoreline. To qualify as a water enjoyment use, the use much be open to the public with most, if not all, of the shoreline devoted to fostering human interaction with the shoreline. Water enjoyment uses include, but are not limited to: 1) Public waterfront parks 2) Public Beaches 3) Aquariums 4) Public restaurants 5) Resorts and convention centers with facilities open to the public =City of Port Orchard Shoreline Master Program I September 3, 2021 Page 213 of 388 Back to Agenda 6) Retail and mixed commercial developments designed to enhance a waterfront location through expanse of views, amenities oriented to pedestrians, and other aesthetic design features. Water -oriented Use — Any one or a combination of water dependent, water related, or water enjoyment uses. Water -related Use — A use or a portion of a use which is not intrinsically dependent on a waterfront location but whose operation cannot occur economically without a waterfront location. Water -related uses include, but are not limited to: 1) Warehousing of goods transported by water 2) Seafood processing plants 3) Gravel storage when transported by barge 4) Log storage Wetlands or Wetland Areas — Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support , and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands; and (11). The definition set forth in Chapter 90.58 shall also apply as used herein. Wireless Facilities — See "Utilities." • - • City of Port Orchard Shoreline Master Program I September 3, 2021 Page 214 of 388 Back to Agenda Exhibit APPENDIX C — Mitigation and Restoration for Redevelopment Activities in the High Intensity Shoreline Environment Designation Revised: September 3, 2021 Page 215 of 388 Back to Agenda Shoreline redevelopment, as defined in this Master Plan, shall be designed and conducted in a manner that protects the current ecological condition of the shoreline, and prevents or mitigates adverse impacts, while encouraging revitalization and improvements within the City's waterfront areas. Redevelopment proposals shall preserve existing native habitat and shoreline functions to the maximum extent feasible, and shoreline restoration may be required for redevelopment within the shoreline buffer. A. Applicability. The provisions of this Appendix must be referenced in conjunction with other requirements of this Master Program and with other city policies and regulations. If a conflict appears to exist between this Appendix and another section of this Master Program or other city policies or regulations, the redevelopment proposal shall comply with the more stringent requirement, unless otherwise indicated herein. B. Mitigation Sequencing 1. When redevelopment is proposed that could result in adverse impacts to the shoreline, mitigation measures shall be applied in the following sequence of steps, listed in order of priority: a. Avoid the impact altogether by not taking a certain action or parts of an action; b. Minimize impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; c. Rectify the impact by repairing, rehabilitating or restoring the affected environment; d. Reduce or eliminate the impact over time by preservation and maintenance operations; e. Compensate for the impact by replacing, enhancing, or providing substitute resources or environments, including utilization of the in -lieu fee process where appropriate; and f. Monitor the impact and the mitigation projects, and take appropriate corrective measures. 2. Application of the mitigation sequence shall achieve no net loss of ecological functions for each redevelopment proposal. 3. After mitigation sequencing is applied in accordance with 1. and 2. above, compensatory mitigation selection shall be guided by the following sections of this Appendix. 4. Failure to demonstrate that the mitigation sequencing standards have been met may result in permit denial, or the city may restrict or reduce development or uses, or impose additional conditions. Page 216 of 388 Back to Agenda C. Mitigation Standards 1. Some redevelopment projects may result in multiple types of impacts to shoreline ecological functions, each of which may require compensatory mitigation. 2. Mitigation is not required outside of the standard shoreline buffer established for the relevant use and shoreline environment in Table 7.2 of this Master Program, unless the redevelopment impact is to aquatic lands, critical saltwater or freshwater habitat, or water quality. All other requirements of this Master Plan are applicable to the site, as are all other applicable city policies and regulations, including but not limited to, the land use and zoning code, critical areas ordinance, stormwater regulations, clearing and grading ordinance, and permit requirements. 3. A Shoreline Mitigation Plan shall be prepared for any redevelopment project that will result in adverse impacts to the shoreline, including removal of native vegetation within the shoreline buffer. If the project will also involve restoration, a combined Shoreline Mitigation and Restoration Plan may be submitted by the applicant. 4. Shoreline Mitigation Plans shall be prepared using site -specific data according to the requirements of WAC 173-26-201(2)(e) and WAC 197-11-660, to ensure no net loss of shoreline habitat values and functions or impacts to priority species. If critical areas will be impacted, the applicable requirements of the city's critical areas ordinance shall also be addressed in the mitigation plan. 5. Mitigation plantings or other mitigation options shall occur adjacent and parallel to the ordinary high water mark of the shoreline as a first preference. Depending on site conditions, mitigation may be allowed away from the shoreline edge, if the actions are replacing in -kind functions and would achieve greater ecological benefit. 6. All mitigation activities shall protect the integrity of adjacent natural resources, including critical areas, aquatic habitats and water quality, and shall be compatible with adjacent shoreline uses. 7. Removal of vegetation within a shoreline buffer shall comply with the following replacement ratios based on the area measurement of the vegetation to be removed, unless an alternative proposal can be demonstrated to have greater ecological benefit: a. Removal of grass/lawn: 1:1 replacement with native vegetation. b. Removal of non-native landscaping (groundcover other than lawn, shrubs, trees): 2:1 replacement with native vegetation. c. Removal of native vegetation: 4:1 replacement with native vegetation. 2 Page 217 of 388 Back to Agenda D. Restoration Standards 1. Restoration of ecological functions and processes shall be carried out in accordance with a city - approved Shoreline Restoration Plan and the requirements of this Master Program. Shoreline Restoration Plans shall be prepared using site -specific data according to the requirements of WAC 173- 26-201(2)(e) and WAC 197-11-660, to ensure no net loss of shoreline habitat values and functions or impacts to priority species. If critical areas will be impacted, the applicable requirements of the city's critical areas ordinance shall also be addressed in the restoration plan. 2. All restoration activities shall protect the integrity of adjacent natural resources, including critical areas, aquatic habitats and water quality, and shall be compatible with adjacent shoreline uses. 3. Covered Activities. The following actions, individually or in combination, are allowed under this section: a. Establishment or enhancement of native vegetation; b. Removal of nonnative or invasive plants upland of the ordinary high water mark, or hard or impervious surfaces such as pavement or other existing structures, and replacement with native vegetation. c. Conversion of existing hard structural shoreline stabilization to permitted soft shoreline stabilization, including associated clearing, dredging and filling necessary to implement the conversion; provided, that the primary purpose of such actions is clearly restoration of natural character and the ecological functions of the shoreline and that the actions are consistent with the requirements of this Master Program and this Appendix. E. Redevelopment Within a Shoreline Buffer (Setback) 1. Within a shoreline buffer, redevelopment of a site with one or more existing non -water -dependent, legal conforming or nonconforming building(s), or redevelopment of a portion of such building(s), may be allowed subject to the following: a. The shoreline designation of the redevelopment site is High Intensity. b. The redevelopment proposal shall not extend further waterward than the footprint of the existing primary building or the portion of such primary building to be redeveloped. Areas located between existing primary buildings, including planted landscaping and lawn, pavement and similar surface coverage, may be developed if the development will not extend further waterward than the existing primary buildings. c. Any shoreline impacts anticipated to result from the redevelopment shall be subject to mitigation sequencing as provided in this Appendix, and addressed in a Shoreline Mitigation Plan. d. Regardless of whether a Shoreline Mitigation Plan is required, the redevelopment proposal shall include a Shoreline Restoration Plan consistent with subsection C. above and with Section 6.6 (Shoreline Vegetation Conservation) herein that will provide a substantive, measurable improvement to shoreline 3 Page 218 of 388 Back to Agenda conditions within the site or in aquatic areas adjacent to the site, unless the site has an interrupted buffer pursuant to this chapter. e. The redevelopment proposal shall not result in the loss of public access to the shoreline, including undeveloped easements or right of way. f. Parking in the shoreline buffer may be allowed in the HI environment for redevelopment projects that (1) contain water -oriented uses (i.e., water -dependent, water -related and/or water -enjoyment uses), and/or (2) include parking areas that are identified on the maps shown in the City's adopted Downtown Subarea Plan, Section 3, 3.2.1 (West Downtown Planning Area) and 3.2.2 (East Downtown Planning Area). g. Redevelopment within a shoreline buffer is not allowed in areas of special flood hazards as established according to POMC Section 20.170.060, or in geologic hazard areas as defined in POMC Section 20.162.044. h. All portions of the shoreline buffer that will not be developed shall be maintained or replanted in native vegetation. Removal of existing native vegetation to accommodate development is not allowed within the shoreline buffer unless it is required for the water -related or water -dependent uses and accompanied by mitigation according to this Master Plan. i. The city may request that the applicant submit studies by qualified professionals, or that a submitted study, impact analysis, and/or shoreline mitigation or restoration plan be peer -reviewed by qualified professionals at the applicant's expense, in order to determine compliance with the mitigation and/or restoration requirements of this Appendix. j. The redevelopment proposal shall be consistent with other applicable city policies and regulations, including but not limited to the land use and zoning code, critical areas ordinance, stormwater regulations, clearing and grading ordinance, and permit processing requirements. k. If the applicant is unable or unwilling to comply with subsections a. —j. above, the standard shoreline buffer for the shoreline environment designation of the site shall apply and all new development or redevelopment on the site shall be located outside the shoreline buffer unless otherwise allowed by the Act and this Master Plan. F. Monitoring and Maintenance of Mitigation and Restoration Activities 1. Mitigation and restoration activities are subject to the requirements of Section 6.6 — Development Regulations G-DR-33.h. and G-DR-36 of this Master Program. 2. Mitigation and restoration activities that are unpermitted, are inconsistent with an approved mitigation plan or restoration plan, or are not maintained in accordance with subsection 1. above, are subject to enforcement per Chapter 10 of this Master Program. 11 Page 219 of 388 �_. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 del i' (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7D Meeting Date: Subject: Adoption of a Resolution Adopting Prepared by: Policies and Procedures for the Citv's Annual Spring Clean -Up Program Atty Routing No. Atty Review Date Back to Agenda September 14, 2021 Mark Dorsey, P.E. Public Works Director 366922.0009 — PW September 3, 2021 Summary: The City of Port Orchard has historically contracted with various solid waste haulers to handle the solid waste generated within the City. In addition to regular solid waste/garbage service, the City created a Spring and Fall Clean -Up Event beginning in the 1990s, to pick-up extra solid waste from City residents with existing, non-commercial solid waste accounts. This event is held in conjunction with the City's solid waste residential service route and has historically occurred twice in each calendar year. Since its inception, this vital service helps keep the City cleaner and helps to facilitate the City's residents in the disposal of excess solid waste. The Program is valued by the City's residents as it serves the City of Port Orchard's public health, safety and welfare for the City. Costs for operation of the Program have increased, as the City's population has grown. The Council continues to see value in operating the Program as a fundamental governmental program to benefit the public health and welfare. However, considering rising costs, the City Council has indicated a desire to limit the program to one annual Spring Clean -Up. By this resolution, the City Council would adopt a policy document to guide the administration and operation of the Program. As this Program impacts multiple City departments, the role each department plays in the Program is defined in the policy. Recommendation: Staff recommends adoption of Resolution No. 057-21, thereby adopting the City of Port Orchard's Policy and Procedures for the Spring Clean -Up Program. Relationship to Comprehensive Plan: Chapter 7 — Utilities. Motion for Consideration: I move to adopt Resolution No. 057-21, thereby adopting the City of Port Orchard's Policy and Procedures for the Spring Clean -Up Program. Fiscal Impact: In addition to staff time to operate the Program, the City makes an annual payment to Kitsap County Solid Waste for all loads in excess of $3,000. This cost varies each year. Attachments: Resolution No. 057-21, Policy & Procedures for Spring Clean -Up Program (Ex. A), Clean up Tags and Flyer. Page 220 of 388 Back to Agenda RESOLUTION NO. 057-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING POLICIES AND PROCEDURES FOR THE CITY OF PORT ORCHARD'S ANNUAL SPRING CLEAN-UP PROGRAM. WHEREAS, the City of Port Orchard has historically contracted with various solid waste haulers to handle the solid waste generated within the City; and WHEREAS, the City of Port Orchard has hosted annually, a Spring and Fall Clean -Up Event to pick-up extra solid waste from city residents with existing, non-commercial solid waste accounts since the early 1990's and has consistently provided this service for its residents; and WHEREAS, this vital service helps keep the city cleaner and helps to facilitate the City's residents in the disposal of excess solid waste; and WHEREAS, this service is valued by our residents and it serves the City's public health, safety and welfare for the City to continue to provide this service on an annual Spring Clean -Up Program basis; and WHEREAS, in order to better define how this service is provided and administered, the adoption of policies and procedures is recommended; 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 hereby adopts the "City of Port Orchard Policy and Procedures for Spring Clean -Up Program" in the form attached to this Resolution as "Exhibit A" as the policies and procedures which govern this activity. 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 City Clerk in authentication of such passage on this 14th day of September 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 221 of 388 Back to Agenda OR CHARD. , IkV99]2as] :ito] :TO:/_1:E POLICY AND PROCEDURES [0]:, SPRING CLEAN-UP PROGRAM Purpose The purpose of this policy is to establish guidelines, standards and procedures for the City of Port Orchard's Spring Clean-up Events (the "Program"). The City, in coordination with its contractor solid waste service provider Waste Management, sets an annual Clean -Up week in the spring. During this week, City residents are provided an efficient means — through curb -side pick-up of additional solid waste items and white goods (i.e., appliances) by City Staff and Waste Management, in addition to the regular refuse pick-up by Waste Management. Providing solid waste services is a fundamental governmental service and this Program is imperative to provide this needed public health and welfare service to residents. This policy and procedures document is intended to govern the implementation of this Program. Background The City of Port Orchard has hosted a clean-up event since the early 1990s, consistently providing this vital service for its residents. For this program, the City has coordinated with its solid waste providers, beginning with Brem-Air and now with Waste Management. The current contract with Waste Management states, in pertinent part: 6.1 General The Contractor shall provide two (2) city cleanup weeks annually (Spring and Fall), upon 90 days' notice from the City. At each City cleanup, Contractor will pick up additional household refuse from each single-family residence at the curb (limit 2 cubic yards) and from multi -family premises. The City will provide equipment and manpower to pick up Bulky Material. Additional tonnage picked up by the Contractor and the City during these weeks will be paid for by the Contractor (maximum of $3,000.00 per event). As the City has grown in size, the service area for the Program and associated costs have 1 Page 222 of 388 Back to Agenda increased. Program Parameters - Date/Timing. o The Program involves a Spring event (typically in the month of April). o Each event takes place over the course of five (5) consecutive weekdays, from approximately 7am to 6pm. o The Program involves the retrieval of refuse from individual, qualified residential customers on the same regularly scheduled garbage collection date for that particular customer. o The event occurs during a week that is off -recycle (meaning not on a week when Waste Management recycling service is occurring). o Eligible refuse must be placed on the street curb the evening before the qualified residential customer's regular garbage day during the event's window. - Qualified Residential Customers. o The Program's service area and route are dictated by Waste Management's Residential Garbage Service Route. Properties that are served by this Program are, therefore, those individual account holders who have a current Residential Garbage Account with Waste Management. ■ Per Port Orchard Municipal Code ("POMC") 6.04.010, the City requires in pertinent part: "the maintenance of the public health, safety, sanitation and aesthetics requires that all generators of solid waste in the city of Port Orchard accept, arrange for, and pay for solid waste collection and disposal services established by the city." ■ Waste Management offers two types of accounts: commercial and residential. Those eligible for Residential Garbage Accounts include: single family residential properties and multi -family dwelling units (duplexes, triplexes, etc.) where there is wagon service capabilities (not dumpster service, which are offered through a commercial account). - Eligible Refuse. o Waste Management will collect an additional two (2) cubic yards of household trash per Eligible Residential Customer without an additional charge (in addition to the regular waste management wagon) during the Program. o General Household Items. City Staff will collect from qualified residential accounts the following items on the street curb adjacent to the regular garbage cans for pick-up, so long as the items — collectively — do not exceed a volume 2 Page 223 of 388 Back to Agenda of four (4) feet by four (4) feet, without the payment of any associated fee to the City: ■ Baby Crib (dismantled) / Highchair / Playpen / Stroller ■ Barbecue (no propane tank) ■ Baseboard Heater ■ Bicycle ■ Coffee or End Table ■ Computer Monitors / CPU ■ Countertop ■ Dresser ■ Electric Fan ■ Electric Space Heater (small) ■ File Cabinet ■ Furniture (made of wood, fiberboard, plastic, etc.) ■ Garbage Disposal ■ Lawn Table ■ Lawn Chair ■ Lawn Mower (oil and gas must be drained) ■ Masonite ■ Medicine Cabinet ■ Rugs (small, no rolls of carpeting) ■ Stereo ■ Swimming pool (plastic, folded into a bundle) ■ Swing set (disassembled and bundle) ■ Home Gym Equipment (Treadmill, Bowflex, etc) ■ TVs 30" or less will be picked up. Anything over 30" will not be picked up. ■ Vacuum Cleaner ■ VCR or DVD players ■ Wheelchair (collapsible) ■ Yard Toys ■ Fencing, chain link/wire (rolled & secured) o Specialty Items. Qualified residential accounts may also place the following items on the street curb adjacent to the regular garbage cans for pick-up, provided the account holder pays a fee to offset the City's costs to haul and dispose of these large items as follows to the City Clerk no later than one (1) week prior to the start date of the event, receives a tag from the City Clerk and places the tag on the item: ■ Air Conditioner ........................................... $20 Kj Page 224 of 388 Back to Agenda ■ Bathtub (fiberglass/no cast iron) ............... $15 ■ Chair (upholstered) ................................... $12 ■ Copier/Printer (small home type) ............. $10 ■ Couch/Love Seat (each piece) .................. $15 ■ Dishwasher ................................................. $20 ■ Dryer........................................................... $20 ■ Freezer (Household- No Commercial)..... $20 ■ Gas Heater ................................................. $20 ■ Mattress or Box Spring ............................... $12 ■ Microwave ................................................... $12 ■ Range/Stove.............................................. $20 ■ Refrigerator (large -No Commercial) $20 ■ Refrigerator (small)/Wine Cooler ............. $20 ■ Sinks (no cast iron) ...................................... $10 ■ Sleeper Couch ............................................. $30 ■ Toilet............................................................. $15 ■ Washer........................................................ $20 ■ Water heater .............................................. $20 ■ Water Softener System ............................ $20 ■ Wheel Chair (non -collapsible) ................... $15 - Ineligible Refuse. o All items not listed above are ineligible for pick-up as part of the program and will be left on the curb with a "We're Sorry' tag that identifies the reason for rejection, including but not limited to the following: ■ Hazardous Waste ■ Construction/Demolition Debris ■ Roofing Materials ■ Carpets ■ Vinyl ■ Tile ■ Cabinets ■ Oil or Paint Cans ■ Batteries ■ Waste management cans ■ Pool Tables ■ Furnaces ■ Recycling ■ Tires ■ Car Parts Cl Page 225 of 388 Back to Agenda ■ Boats ■ Fluorescent Lights ■ Motorcycles ■ Wood Burning Stoves/Fireplaces ■ Satellite Dish (large) ■ Wood (firewood or construction) ■ Plate Glass, Glass window or Glass Shower doors o Items in excess of the size parameters described above are ineligible for pick- up from the program. o Loose debris is ineligible for pick-up; all items must be boxed, bound or contained (but any containers utilized will not be returned). o Items that require a fee but the fee is not pre -paid are ineligible for pick-up. Responsibilities of Public Works - The Public Works Department is tasked with the execution of the Program. This role involves the following: o During the event: ■ Typically, all staff report for the events and provide pick-up service for the duration of the Program. ■ The Program utilizes two (2) dump trucks, a backhoe and 2-4 pick-up trucks for the pick-up service. ■ Staff will retrieve the refuse and load it into the City's vehicles. ■ Staff will transport the refuse to the Kitsap County Transfer Station, managed by Waste Management, or an appropriate recycling facility. o In advance of the events, staff will: ■ Update fees and obtain Council approval, as appropriate; ■ Prepare the route map (utilizing the Waste Management residential service map); ■ Prepare advertising materials for the event and advertise for the public; ■ Prepare the "We're Sorry" tag for rejected items, and prepare a log for tracking rejected items for code enforcement; ■ Obtain from the Clerk's Office the log of pre -paid items. o After the events, staff will: ■ Staff will maintain records of deposited loads/items, and route any received invoices from the County to the Finance Department. R Page 226 of 388 Back to Agenda Responsibilities of City Clerk - The City Clerk is tasked with support of this Program. This role involves: o Coordination of the pre -payment of fees for Specialty Items. The Clerk shall develop an application short form for the use by members of the public who seek the collection of a Specialty Item. o The Clerk may accept applications and the associated fees during the regular business hours for City Hall, provided applications must be received and processed at least one (1) week prior to the date of the event. o The Clerk will issue a "sticker" to those applicants who submit an application for a valid Specialty Item and the associated fee. o The Clerk will route the payment to the Finance Department. o The Clerk will prepare a list of pre -paid items and associated property addresses and send to the Public Works Department in advance of the event's start date. Responsibilities of Finance Department - The Finance Department is tasked with support of this Program. This role involves: o Collection and deposit of fees collected by the Clerk for Specialty Items, consistent with the fee schedule set out in this Policy (as may be amended by the City Council). ■ Funding shall be held in the General Fund to offset the operational costs of the Program, including but not limited to staff time and use of City equipment. o Payment of any invoice received from Kitsap County Solid Waste for loads taken to the Kitsap County Transfer Station as part of this Program in excess of $3,000 (per the contract with Waste Management, referenced above). Responsibilities of Code Enforcement - The City's Code Enforcement Officials are tasked with support of this Program. This role involves: o Following the event, Ineligible Refuse abandoned in the right of way or on private property may be prosecuted as a nuisance, consistent with POMC 9.30. o Code Enforcement will respond to complaints of abandoned refuse and may take action consistent with the POMC and the City's applicable procedures. re7 Page 227 of 388 Back to Agenda Relevant Materials - Attachment 1: Clean-up Brochure - Attachment 2: "We're Sorry" Tag - Attachment 3: Waste Management Franchise Agreement (excerpt) Approved by the City Council on (INSERT DATE) 7 Page 228 of 388 Back to Agenda ORCHARD. WE'RE SORRY But Your Item(s) Were Not Picked Up Due To The Following Reason(s): ❑ The total amount of items is larger than a 4'x4'x4' a rea ❑ Items are not boxed, bagged or bundled ❑ Items are hazardous material and/or paint ❑ Items are "prohibited" materials that the City does not pick up ❑ Oil and/or gas was not drained from item(s) ❑ Specific materials are"fee" item(s) that needs to be paid for in advance ❑ Other: Lists for prohibited materials and for fee items can be found at www.cityofportorchard.us Page 229 of 388 Thanks for your understanding. Back to Agenda City of Port Orchard 216 Prospect Street General 2 IMPORTANT CHANGE TO THE Information Major 3 PROGRAM Appliances Due to an increase of residents taking part in the clean -up program Excluded 3 and to help clear confusion of items allowed, the City is imple- Items menting i "tagging" system for articles not collected that do not Clean Up List 4 meet the program requirements. Please pay attention to the item(s) you are placing out and verify- ing that the constraints listed in this handout are being met. If you have any questions, please email us at publicworks@cityofportorchard.us. Thank you for your understanding. Page 230 of 388 w e e� m.a �dtl� _ Back to Agenda Ti GENERAL INFORMATION I I I I I I The City of Port Orchard and Waste Management schedule two annual Clean -Up weeks, one in the spring and one in the fall. During this week, City residents are provided an efficient means to have household refuse and I I other household items disposed of. Some items are free to set out, while others require a small fee. The City resident must pay for certain items in advance in the Treasurer's Office at City Hall and place all items at the street curb (next to garbage cans) on their regularly scheduled pickup day. The City will not carry items from I I private property. There is no charge for the collection and disposal of most smaller items. Items must be boxed, bagged, bundled, or easily handled. The total volume of the collection must fit into a space 4 feet by 4 feet wide and 4 feet high. The City will not dump any Waste Management cans. If the items do not comply with the City requirements, the City will not pick it up. The items will not be allowed to remain on the property or street. I I I I I YOU MUST BE A RESIDENT INSIDE PORT ORCHARD CITY LIMITS IN I I I I ORDER TO PARTICIPATE IN CLEAN-UP WEEK. I I I I I Please remember the following: • Pick up is on your regularly scheduled garbage collection day. No recycling or yard waste will be picked up. I I All fee items must be paid for prior to the day of pick-up at the Treasurer's Office in City Hall. See list on page 3 for prices. All items to be disposed of must be on the street curb with the regular garbage cans on the evening I before the resident's normal garbage collection day. The City crew will collect these item on the I I normal collection day. THE CITY CREW WILL NOT BACKTRACK FOR ITEMS THAT WERE NOT PLACED OUT AT THE PROPER TIME OR PAID FOR IN ADVANCE. • Waste Management will collect an additional two (2) cubic yards of contained extra household trash per eligible residential customer without an additional charge during the Program. City crews I I will dump large bulky materials that are not easily handled by the Waste Management driver. The City will not dump any Waste Management cans. I I • No loose debris is allowed. I I I I I I I � — — — — — — — — — — — — —-ge'23tTf 366 — — — — — — — — — — — — — � P a g e 3 Back to Agenda Major Appliances White goods such as stoves, washers, dryers, refrigerators, and freezers can be included for Clean —Up Week. For a fee, the City crew will haul ap- pliances to be recycled. Fees for white goods must be paid prior to the day of pick-up in the Treasurer's Office. The City will take these items that have been paid for to the recycle site. Appliances must be placed at the curb next to your garbage can. I I Excluded Items its list contains examples of items that we will not collect. This is not a comprehensive list. ease do not leave these items out as we will not collect them. • Hazardous Waste • Construction/Demolition Debris • Roofing Materials • Carpets • Vinyl • Tile • Cabinets • Oil or Paint Cans • Batteries • Waste Management cans • Pool Tables • Furnaces • Recycling • Tires • Car Parts • Boats • Fluorescent Lights • Motorcycles • Wood Burning Stoves/Fireplaces • Satellite Dish (large) • Wood (firewood or construction debris) • Plate Glass, Glass window or Glass Shower doors Please do not leave these items out as we will not collect them. Kitsap County residents may bring hazardous products to the Kitsap County Moder- ate Risk Waste Collection Facility for proper handling. There is no charge for residen- tial disposal. They are open Thursday through Saturday, 10:00am—4:00pm. Residen- tial customers only! Business customers must call for an appointment. For addi- tional information, please visit their website at www.kitsapgov.com/sw or call 360.337.5777. C L E A N U P W E E K Page 232 of 388 Back to Agenda Week of May 4 t h S t h / Clean Up List -� / 1 Due to limited space, we can't list all items. If an item is not on this list, please email us at I publicworks@cityofportorchard.us to find out if we take the item and if there is a fee. I • Baby Crib (dismantled)/High Chair/Playpen FEE ITEMS • Stroller I I • Barbecue (no propane tank) • Air Conditioner $ao • Baseboard Heater • Bathtub (fiberglass/no cast iron) $15 I • Bicycle • Chair (upholstered) $12 I • Coffee or End Table 0 Copier/Printer (small home type) $10 • Computer Monitors/CPU • Couch/Love Seat (each piece) $15 I Countertop I • Dishwasher $20 • Dresser I Electric Fan • Dryer $20 I Electric Space Heater (small) Freezer (Household, no commercial) ao I • I File Cabinet • Gas Heater $20 • Furniture (made of wood, fiberboard, plastic, . Mattress or Box Spring I $12 etc.) • Microwave $ia I Garbage Disposal Lawn Table • Range/Stove $20 I Lawn Chair Refrigerator $20 o Lawn Mower (Oil and gas has to be drained) (household, no commercial) Masonite • Refrigerator sma/ne Cooler (l C Wi llerator R g ) $a0 I I • Medicine Cabinet 0 Sinks (no cast iron) $10 • Swimming Pools (plastic, folded into bundle) 0 Sleeper Couch $30 I I • I Swing set (disassembled and bundled) Toilet $15 • Home Gym Equipment (Treadmill, Bowflex, I etc.) Washer $ao I TV's 30" or less. TVs over 30" will not be • Water Heater $20 picked up. • Water Softener System $ao I • Vacuum Cleaner • Wheel Chair (non -collapsible) $15 VCR or DVD Player I I Wheel Chair (collapsible) 1 • Yard Toys Fencing, chain link/wire (rolled & secured) / ftft — — — — — — — — — — — — — Page "3 UP38& — — — — — — — — — — — — 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 Adoption of a Resolution Approving a Contract with Fehr & Peers, Inc. for the Meeting Date: Prepared by: 2021 Citywide Street Lighting Study and Atty Routing No. Documenting Procurement Procedures Atty Review Date Back to Agenda September 14, 2021 Mark Dorsey, P.E. Public Works Director 366922.0009 — PW September 9, 2021 Summary: On February 9, 2021, the Port Orchard City Council adopted Ordinance No. 002-21, thereby approving Contract No. CO22-21 with the Washington State Department of Transportation (WSDOT) for the 2021 Citywide Street Lighting Study in the grant amount of $36K, with a $4K City -match requirement. On July 16 and July 23, 2021, the City's Public Works Department published a Request for Qualifications (RFQ) for the 2021 Citywide Street Lighting Study, and by the August 6, 2021 deadline, the City received three (3) Statements of Qualification (SOQ.) Upon review by Staff, all three (3) qualified firms were interviewed on August 17 and August 18, 2021. Based upon their overall qualifications, including interview scoring, Staff recommends the selection of Fehr & Peers, Inc. as the most qualified firm for the Project. On September 7, 2021, Public Works Staff then corresponded with Fehr & Peers, Inc. to negotiate the terms, including price, for an agreement for the Project. Fehr & Peers, Inc. provided a viable Scope of Work, Budget and Project Timeline for the Project, in an amount not to exceed $39,983.17. Update: The Total Project Cost Estimate submitted by the Public Works Department was $40,000 for the Consultant work. The Awarded Grant Amount of $36,000.00, plus the $4,000.00 Match accepted by the City on February 9, 2021 includes funding for City and State Staff time and was increased by WSDOT to $55,000.00. Since more funding is available within the State Administered City Safety program in 2021 to cover the entire project cost, with no match requirement listed, the executed WSDOT Local Agency Agreement reflects an updated grant award of $55,000.00. If an amendment to Ordinance No. 002-21 is needed to reflect the increased grant award, that will occur at the September 28, 2021 Regular Council Meeting. Relationship to Comprehensive Plan: Chapter 8 — Transportation. Recommendation: Staff recommends adoption of Resolution No. 065-21, thereby authorizing the Mayor to execute Contract No. C086-21 with Fehr & Peers, Inc. for the 2021 Citywide Street Lighting Study in an amount of $,779.38, and documenting the Professional Services procurement procedures. Motion for Consideration: I move to adopt Resolution No. 065-21, thereby authorizing the Mayor to execute Contract No. C086-21 with Fehr & Peers, Inc. for the 2021 Citywide Street Lighting Study in an amount of $39,983.17 and documenting the Professional Services procurement procedures. Page 234 of 388 Back to Agenda Page 2 of 2 Fiscal Impact: The updated Grant award is now $55K, with no apparent 10% match requirement (Staff is confirming this.) Worst case scenario is a 10% match on the $39,983.17 (which is within the currently approved limit 10%) with the City's staff time reimbursements unknown at this time. Attachments: Resolution No. 065-21, LAA (Contract No. C086-21), and WSDOT LAA w/COPO. Page 235 of 388 Back to Agenda RESOLUTION NO.065-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C086-21 WITH FEHR & PEERS, INC. FOR ARCHITECTUAL AND ENGINEERING PROFESSIONAL SERVICES FOR THE CITY OF PORT ORCHARD CITYWIDE STREET LIGHTING STUDY AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, on February 9, 2021, the City of Port Orchard City Council adopted Ordinance No. 002-21, thereby approving Contract No. CO22-21 with the Washington State Department of Transportation for the 2021 Citywide Street Lighting Study; and WHEREAS, on August 16 and August 23, 2021, the City of Port Orchard Public Works Department published in both the Daily Journal of Commerce and the Kitsap Sun, a Request for Qualifications (RFQ) for Architectural and Engineering Professional Services for the City of Port Orchard 2021 Citywide Street Lighting Study; and WHEREAS, by the August 6, 2021 deadline, the City's Public Works Department received three (3) Statements of Qualification (SOQ) from qualified firms; and WHEREAS, after staff reviewed the SOQs received, the City's Public Works Department interviewed all three qualified (3) firms on August 17 and August 18, 2021; and WHEREAS, based upon overall qualifications inclusive of interviewing scoring, the City's Public Works Department selected Fehr & Peers, Inc. for the Project Award and then met to negotiate a Contract and Project Understanding (Scope, Budget and Timeline); and WHEREAS, on September 7, 2021, Fehr & Peers, Inc. provided the City's Public Works Department with a viable Proposal; and WHEREAS, upon completion of the Bidder's Checklist on September 7, 2021, the City's Public Works Department recommends that the City Council approve Fehr & Peers, Inc. for the 2021 Citywide Street Lighting Study; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; 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 Contract No. C086-21 with Fehr & Peers, Inc. for the 2021 Citywide Street Lighting Study. Page 236 of 388 Back to Agenda Resolutior, Page 2 of 2 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 1411 day of September 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 237 of 388 Back to Agenda Local Agency A & E Professio..... W%Iff V 1%0 .s Lump Sum Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): Fehr & Peers Address Federal Aid Number 1127 Broadway, Suite 102, Tacoma, WA 98402 UBI Number Federal TIN 602-671-978 68-0065540 Execution Date Completion Date 9/15/21 10/30/21 1099 Form Required Federal Participation ❑✓ Yes ❑ No ❑� Yes ❑ No Project Title City of Port Orchard Citywide Street Lighting Study Description of Work The City's street lighting system consists mostly of cobra head fixtures mounted at utility pole locations, which does not always provide adequate lighting at intersections. The study will identify locations with lighting deficiencies and prioritize improvements with an emphasis on pedestrian safety at crossing locations or locations with a history of either serious injury collisions or a high frequency of collisions. The study will provide cost estimates for design and construction at the highest priority locations. We value our working relationship with the City and understand the need to complete the work on this project within the grant funding deadline. ❑ Yes ❑i No DBE Participation Maximum Amount Payable: $39,983.17 ❑ Yes 0 No MBE Participation ❑ Yes ❑i No WBE Participation ❑ Yes ❑i No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certi Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency A & E Professional Services Lump Sum ConsuitantAgreement Page 1 of 13 Revised 02101/2021 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page of Back to Agenda AGREEMENT, between the City of Port Orchard , hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SER f to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above -described SER necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT TANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in VICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local Agency A & E Professional Services Lump Sum ConsuitantAgreement Page 2 of 13 Revised 0210112021 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (� Back to Agend4r 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit `B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: K. Chris Hammer Agency: City of Port Orchard Address: 216 Prospect Street City: Port Orchard State: WA Zip: 98366 Email: kchammer@cityofportorchard.us Phone: 360-876-4991 Facsimile: 360-876-4980 IV. Time for Beginning and Completion If to CONSULTANT: Name: Chris Grgich Agency: Fehr & Peers Address: 1127 Broadway, Suite 102 City: Tacoma State: WA Zip: 98402 Email: c.grgich@fehrandpeers.com Phone: 206-453-1612 Facsimile: 206-576-4225 The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency A & E Professional Services Lump Sum Consultant Page 3 of 14 Agreement Revised 0210112021 V. Payment Provisions Back to Agenda The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the lump sum amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Lump Sum Agreement: Payment for all consulting SERVICES shall be on the basis of a lump sum amount as shown on page one (1) of this AGREEMENT. B. Maximum Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (L) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of costs on a monthly basis. To provide a means of verifying the billed salary costs for the CONSULTANT's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be AGENCY after the completion of the SERVICES under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time TANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures," the CONSULTANT the AGENCY Audit to begin the appeal process to E. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. A post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal AGENCY's Project Manager. Agreement Number: Local Agency A & E Professional Services Lump Sum Consultant Agreement Page 4 of 13 Revised 0210112021 VI. Sub -Contracting Back to Agenda The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SER consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona TANT, to solicit or secure this contract, and that it has not paid or TANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: Local Agency A & E Professional Services Lump Sum ConsuitantAgreement Page 5 of 13 Revised 0210112021 VIII. Nondiscrimination Back to Agenda During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT TANT for actual hours charged and any appropriate AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this TANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY VICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be default clauses listed previously. Agreement Number: Local Agency A & E Professional Services Lump Sum ConsuitantAgreement Page 6 of 13 Revised 0210112021 The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the i Back to AgendaJr, partner TANT or the death or change of any of the CONSULTANT's supervisory and/or TANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or TANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT TANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT Agreement Number: Local Agency A & E Professional Services Lump Sum Consuitant Agreement Page 7 of 13 Revised 0210112021 to defend or indemnify the STATE and the AGENCY Back to Agenda the STATE and the AGENCY the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their , or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY' and employees' failure to comply ATE and/or AGENCY employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT TANT's own employees or its agents against the STATE and /or the AGENCY and defense, the CONSULTANT , Title 51 RCW. This waiver has been mutually negotiated between the Parties. AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Agreement Number: Local Agency A & E Professional Services Lump Sum ConsuitantAgreement Page 8 of 13 Revised 0210112021 Insurance Coverage Back to Agenda A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY TANT and any sub - consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with AGREEMENT. The AGENCY reserves the right to All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT execution of this AGREEMENT to: Name: K. Chris Hammer Agency: City of Port Orchard Address: City of Port Orchard City: Port Orchard State: WA Zip: 98366 Email: kchammer@cityofportorchard.us Phone: 360-876-4991 Facsimile: 360-876-4980 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The parties enter into this AGREEMENT AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Agreement Number: Local Agency A & E Professional Services Lump Sum ConsuitantAgreement Page 9 of 13 Revised 0210112021 XIII. Extra Work Back to Agenda A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. of the Consultant and the Agency T TANT and the AGENCY, Exhibit AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or to this AGREEMENT. Agreement Number: Local Agency A & E Professional Services Lump Sum Consultant Agreement Page 10 of 13 Revised 0210112021 XVIII. Execution and Acceptance Back to Agenda This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State' The "State' credit card information, driver's license numbers, medical data, law enforcement records (or any other information ATE and AGENCY source code or object code, STATE and AGENCY security ATE and AGENCY non -publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State' and not to make use of the State' AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State' Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State' Information; or (ii) returned all of the State' AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State' As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State' AGREEMENT; the purpose(s) for which the State' The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State' collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State' It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which AGREEMENT. The parties agree to maintain the AGREEMENT and afterwards. All materials containing be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Agreement Number: Local Agency A & E Professional Services Lump Sum ConsuitantAgreement Page 11 of 13 Revised 0210112021 The CONSULTANT shall provide the AGENCY Back to Agenda and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third parry that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by TANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY If a otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that may include a sub -consultant' The CONSULTANT sub -consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years TANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Agreement Number: Local Agency A & E Professional Services Lump Sum ConsuitantAgreement Page 12 of 13 Revised 0210112021 For purposes of this AGREEMENT, `BSI" means any and all computer data or electronic reco Back to Agenda, kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Signature September 15, 2021 Date September 15, 2021 Signature Date of the Attorney General. eformation of this AGREEMENT shall require appr Agreement Number: Local Agency A & E Professional Services Lump Sum ConsuitantAgreement Page 13 of 13 Revised 0210112021 See attachment Back to Agenda Scope of Work Federal Aid No. Agreement Number: Exhibit A - Local Agency A & E Professional Services Lump Sum Consultant Agreement Revised 0210112021 Page 1 of 1 Back 10 Agenda FEHR PEERS September 1, 2021 Christian Williams, PE City of Port Orchard cwilliams@cityofportorchard.us Subject: Port Orchard Citywide Street Lighting Study Draft Scope & Fee Fehr & Peers is pleased to submit a draft scope and fee for the proposed work on the Port Orchard City Wide Lighting Study. The City's street lighting system consists mostly of cobra head fixtures mounted at utility pole locations, which does not always provide adequate lighting at intersections. The study will identify locations with lighting deficiencies and prioritize improvements with an emphasis on pedestrian safety at crossing locations or locations with a history of either serious injury collisions or a high frequency of collisions. The study will provide cost estimates for design and construction at the highest priority locations. We value our working relationship with the City and understand the need to complete the work on this project within the grant funding deadline. The project will consist of the following tasks and deliverables. Scope of Work 1.o Data Collection & Field Work City of Port Orchard staff will provide Fehr & Peers with an existing street light inventory in Excel format. Fehr & Peers will import the data into our GIS mapping tool for field verification and updates as needed. Fehr & Peers will provide a field study of the existing illumination on the secondary arterials and collectors identified with the highest number of collisions in the Local Roadway Safety Plans (see Table 1) Field work will include up to three in person site visits and drive throughs by up to two Fehr & Peers staff of all corridors listed, no longer than 8 hours each. Site visits will be during dark hours to measure the existing illumination at each site. Data to be collected during the site visits will include: • Approximate location and type of existing luminaires. • Operability of existing luminaires (on/off, low light, flickering, etc.) • Visual Inspection of Illumination Quality (adequate, below standards, dark) at key locations. • At key locations (specifically at intersection and pedestrian crossings) where it is unclear if illumination standards are met, up to five spot photometer readings will be included to determine the footcandles of the existing illumination system. 1127 Broadway I Suite 102 1 Tacoma, WA 98402 1 (253) 617-4433 1 Fax (206) 576-4225 www.fehrandpeers.com Page 252 of 388 City of Port Orchard September 1, 2021 Page 2 of 4 Table 1: Study Corridors SE Lund Ave to Southern Fred Bethel Road SE 1 mile 10 Meyer entrance SE Carl Pickel Dr to Valentine Ln Lund Avenue 0.5 miles 4 SE Pottery Avenue Tremont St to SR 16 1 mile 10 Sidney Avenue Tremont St to Fireweed St 1 mile 10 Sidney Road SR 16 to SW Hovde Rd .5 miles 3 Back to Agenda Tremont Street Port Orchard Boulevard to 0.25 miles 4 Blackjack Creek Bridge 1. Intersections of Study Corridors only counted in the first corridor listed. 2. Number of intersections listed are assumed to be the number of study intersections included. Some corridors also include several driveways which are not included in the scope. 2.0 Illumination System Mapping Fehr & Peers will import the lighting inventory provided by the City into a GIS database. The inventory will be added to and updated based on the field observations for the study intersections. Street lighting outside of the study areas will be imported but not updated. Additional information to be added to the Illumination System Map will include additional luminaires not included in the existing inventory, and operability of existing luminaires (operable, or inoperable), and illumination quality (adequate, below standard, or dark). Spot photometer readings will be added at intersection and pedestrian crossings where illumination is present, but it is unclear if it meets standards. 3.0 Illumination System Upgrade Prioritization Once the existing field conditions are verified for the subject intersections and maps/inventories are updated, Fehr & Peers will prioritize locations for improvement using several metrics: 1) General pedestrian activity levels (high, medium, low). 2) Crash history for pedestrian/bicycle and vehicle only collisions (based on the data supporting the Local Roadway Safety Plan). 3) Likelihood of vulnerable users due to attractive locations such as schools, senior centers or senior housing communities, libraries, transit stops, on street parking, and human service providers. Fehr & Peers will provide a ranked list of intersection locations, ordered from highest to lowest priority for illumination upgrades based on the metrics above. Page 253 of 388 City of Port Orchard Back to Agenda September 1, 2021 R� Page 3 of 4 4.o Recommended Illumination System Upgrades & Cost Estimates Fehr & Peers will provide high level recommendations for illumination system upgrades and planning level cost estimates for the top ten intersections as ranked in Task 4. These high-level recommendations will be based on Fehr & Peers' past experience designing illumination for a variety of intersection types and configurations and will include the likely number of poles and luminaires to bring each intersection up to appropriate WSDOT Design Manual lighting levels. They will not involve detailed AGI lighting analysis. Based on the number of poles and luminaires, Fehr & Peers will compile high level cost estimates; further utility location, surveys, and detailed engineering would be needed for more detailed cost estimates. Fehr & Peers will also include exhibits showing approximate pole locations for each of the ten intersections, these will be clearly marked as preliminary and that further illumination analysis and engineering design would be needed. 5.0 Study Memorandum Fehr & Peers will document the previous tasks in a brief technical memo including the prioritized list of locations for improvements and estimated costs, with full maps and tables of the lighting inventory included as an appendix. Schedule Fehr & Peers understands this project is time sensitive due to grant funding schedules that cannot be adjusted. We expected to receive written Notice to Proceed on September 15t" with a deadline for the project and all charges of September 301n Fee Fehr & Peers proposes to complete this project on a Lump Sum basis not to exceed $39,983.17, a detailed fee estimate is attached. Deliverables 1. GIS database including lighting inventory, additional observed luminaires, operability of existing luminaires, illumination quality, and photometer readings Page 254 of 388 City of Port Orchard September 1, 2021 Page 4 of 4 2. Exhibits showing approximate preliminary pole locations and planning level cost estimates for ten highest priority intersections 3. Study memorandum Sincerely, FEHR & PEERS Chris Grgich, PE, PTOE Associate ACCEPTED BY: Signature: Name: Title: Company: Date: Back to Agenda Page 255 of 388 Back to Agenda 1�/�■II NIL B N/A DBE Participation Agreement Number: Exhibit B - Local Agency A & E Professional Services Lump Sum Consultant Agreement Revised 0210112021 Page 1 of 1 Back to Agenda / I-% I I I N I L Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is . The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data N/A B. Roadway Design Files N/A C. Computer Aided Drafting Files N/A Agreement Number: Exhibit C - Local Agency A & E Professional Services LumpaSum Consultant Agreement Revised 0210112021 Page 1 of 4 D. Specify the Agency's Right to Review Product with the Consultant Back to Agenda E. Specify the Electronic Deliverables to Be Provided to the Agency 1. GIS database including lighting inventory, additional observed luminaires, operability of existing luminaires, illumination quality, and photometer readings 2. PDF Exhibits showing approximate preliminary pole locations and planning level cost estimates for ten highest priority intersections 3. PDF Study memorandum F. Specify What Agency Furnished Services and Information Is to Be Provided Existing Excel based street lighting inventory Agreement Number: Exhibit C - Local Agency A & E Professional Services Lump Sum Consultant Agreement Revised 0210112021 Page 2 of 4 IL Any Other Electronic Files to Be Provided Back to Agenda N/A III. Methods to Electronically Exchange Data Email/OneDrive for larger files Exhibit C - Local Agency A & E Professional Services LumpaSum Consultant Agreement Revised 0210112021 Page 3 of 4 A. Agency Software Suite Back to Agenda GIS, Excel B. Electronic Messaging System Email C. File Transfers Format Excel, GIS Shapefiles Exhibit C -Local Agency A & E Professional Services LumpaSum Consultant Agreement Revised 0210112021 Page 4 of 4 Back to Agenda '^J 1-,o% s s s V jr L Prime Consultant Cost Computations Lump Sum, not to exceed $39,983.17. A more detailed breakdown is provided in the attachment. Agreement Number: Exhibit D -Local Agency A & E Professional Services LumpaSum Consultant Agreement Revised 0210112021 Page 1 of 1 Back to Agenda Fee Proposal for Port Orchard Citywide Street Lighting Study Direct Rate Overhead (189.31%) Fee (27%) Project Principal -in Manger Charge Fehr & Peers Associate -in Charge Engineer I Plannerdmin Skinner $35.10 $66.45 $9.48 Labor $111.02 Hours ■ Labor Costs 7Peter Nguyen $39.42 $74.63 Daniel Dye Kendra Breiland $43.27 $88.94 Chris Grgich $54.81 $103.761 Nicholas Harris $32.69 $61.89 Kristaittany Runchey $33.17 $62.79 $81.91 $168.371 $11.68 $24.01 $14.80 $8.83 $8.96 $10.64 o al Rate $136.87 $281.33 $173.37 $103.40 $104.92 $124.69 Task 1 - Data Collection and Field Work 321 161 321 61 61 101 92 $11,216.73 Task 2 - Illumination System Mapping 81 141 161 101 121 61 56 $6,654.47 Task 3 - Illumination System Upgrade Prioritization 81 31 61 241 81 81 61 63 $7,963.80 Task 4 - Recommended Illumination System Upgrades & Cost Estimates 41 1101 221 1 1 41 40 $5,000.10 Task 5 - Study Memorandum 81 21 81 241 41 41 6 561 $7,110.78 Labor Driect Costs Communications & Reproductions (assumed 5% of labor costs) 1 $1,897.29 Travel Costs (250 mi @ $0.56/mi) Total Project Costs 140.00 39,9 Page 262 of 388 Back to Agenda F /�A■II N/L I� Sub -consultant Cost Computations The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub -Contracting" of this AGREEMENT. No sub -consultants, N/A Agreement Number: Exhibit E - Local Agency A & E Professional Services LumpaSum Consultant Agreement Revised 0210112021 Page 1 of 1 Back to Agenda Exhibit F - Title VI Assurances App�.w,. ..� E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Modal Operating Administration specific program requirements.] 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Modal Operating Administration specific program requirements.] 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal Operating Administration) may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Local Agency A & E Professional Services Page 264 of 388 Agreement Number Lump Sum Consultant Agreement Revised 0210112021 Back Exhibit F - Title VI Assurances App... 1%to Aged ` APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Local Agency A & E Professional Services Page 265 of 388 Agreement Number Lump Sum Consultant Agreement Revised 0210112021 Back to Agenda r, Exhibit G-1(a) Exhibit G-1(b) Exhibit G-2 Primary Covered Transactions Exhibit G-3 Exhibit G-4 Agreement Number: Exhibit G -Local Agency A & E Professional Services Lump US Consultant Agreement Revised 0210112021 Page 1 of 1 Exhibit G-1(a) of Consultant Back to Agenda Fehr & Peers whose address is 1127 Broadway, Suite 102, Tacoma, WA 98402 a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any TANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of AGREEMENT; or c) Paid, or agreed to pay for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); City of Port Orchard/WSDOT and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Fehr & Peers Consultant (Firm Name) September 15, 2021 Signature (Authorized Official of Consultant) Date Agreement Number: Exhibit G-I(a) - Local Agency A & E Professional Services Lump Sum Consultant Agreement Revised 0210112021 Page 1 of 1 Exhibit G-1(b) of N/A Back to Agenda I hereby certify that I am the: ❑i ❑ Other of the , and or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) b) Pay, or agree to pay ganization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: Exhibit G-I(b) - Local Agency A & E Professional Services Laump Sum Consultant Agreement Revised 0210112021 Page 1 of 1 Exhibit G-2 Regarding Debarment, Suspension and O Back to Agenda Responsibility Matters - Primary Covered Transactions II A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. such prospective participant shall attach an explanation to this proposal. Fehr & Peers Consultant (Firm Name) Signature (Authorized Official of Consultant) September 15, 2021 Date Agreement Number: Exhibit G-2 - Local Agency A & E Professional Services Lump Sum Consultant Agreement Revised 0210112021 Page 1 of 1 Back to Agenda Exhibit G-3 Regarding the Restrictions of the Use of F_______ for Lobbying knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any , a Member with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for , a Member of Congress, Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. this transaction imposed by Section 1352, Title 31, U.S. Code. for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require and that all such sub -recipients shall certify and disclose accordingly. Fehr & Peers Consultant (Firm Name) Signature (Authorized Official of Consultant) September 15, 2021 Date Agreement Number: Exhibit G-3 - Local Agency A & E Professional Services Lump Sum Consultant Agreement Revised 0210112021 Page 1 of 1 Exhibit G-4 of Current Cost or Pricing Data Back to Agenda 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, 's representative in support of Port Orchard Citywide St Lighting Study * are accurate, complete, and current as of September 15, 2021 **. AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: Fehr & Peers Associate Signature Title Date of Execution***: September 15, 2021 *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: Exhibit G-4 - Local Agency A & E Professional Services Lump Sum Consultant Agreement Revised 0210112021 Page 1 of 1 Back to Agenda /�/. 1�/� ■ I I N I L / I Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY and Insurance of this Agreement is amended to $ N/A The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ Such insurance coverage shall be evidenced by one of the following methods: Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment those funds. Should the minimum Professional Liability insurance limit required by the AGENCY $1 million per occurrence or the value of the contract, whichever is greater to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. Agreement Number: Exhibit H - Local Agency A & E Professional Services Lump Sum Consultant Agreement Revised 0210112021 Page 1 of 1 Back to Agenda I�/�■■■NIL Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Err Agency's Project Manager Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: Exhibit I - Local Agency A & E Professional Services Lump Sum Consultant Agreement Revised 0210112021 Page 1 of 2 Step 5 Forward Documents to Local Programs Back to Agenda For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to , LP will request assistance from the Attorney General' for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: Exhibit I Local Agency A & E Professional Services Lump Sum Consultant Agreement Revised 0210112021 Page 2 of 2 Back to Agenda J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: Exhibit J - Local Agency A & E Professional Services Lump aS9um Consultant Agreement Revised 0210112021 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) Back to Agenda If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency' • Any correspondence that directed the consultant to perform the additional work; • Agency' with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or decision regarding the consultant' and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the Agreement Number: Exhibit J - Local Agency A & E Professional Services Lump aS9um Consultant Agreement Revised 0210112021 Page 2 of 2 Back to Agenda AW MWashington State P Department of Transportation Agency City of Port Orchard Address Attn. K. Chris Hammer, PE - Assistance City Engineer 216 Prospect Street Port Orchard, WA 98366 Local Agency Agreement CFDA No. 20.205 (Catalog or Federal Domestic Assistance) Project No. Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 2 CFR Part 180 — certifying that the local agency is not excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency Project Description Name City-wide Street Lighting Study Termini City Limits Description of Work Length N/A The project includes, lighting level data, validate and amend data, develop GIS model for analysis and study, and develop a report to identify and prioritize improvements to address deficieincies Project Agreement End Date September 30, 2021 Claiming Indirect Cost Rate Proposed Advertisement Date N/A Yes ✓ No Estimatg of Funding Type of Work (1) (2) (3) Estimated Total Estimated Agency Estimated Federal Project Funds Funds Funds PE ,AAge.�y 10,000.00 10,000.00 _ b. Other Consultant 40,000.00 40,000.00 Federal Aid e. Other Participation d. 5,000.00 5,000.00 Ratio for PE e. Total PE Cost E 55,000.00 0.00 55,000.00 Right of Way f. A en % g• 0lher Federal Aid h. Orer Participation Ratio for RW i. Stat '. Total RM Cost EsUrnate (f4c,+h4il 0.00 0.00 0.00 Construction k. Con act % 1- Other M. Other Federal Aid O h r he Participation A Ratio o. for CN p. 5t ote TiptalCN Cost E i info 0.00 0.00 0.00 r Total P_rqject Cost Estimate (eyq)_ 55,000.00 10.00 55,000.00 Agency Official 8 Title Mayor Washington State Department of Transportation By Director, Local Program Date Executed DOT Form 140-039 Page 1 Revised 12/2020 Page 277 of 388 Back to Agenda Construction Method of Financing (Check Method Selected) State Ad and Award Method A - Advance Payment - Agency Share of total construction cost (based on contract award) Method B - Withhold from gas tax the Agency's share of total construction coast (line 5, column 2) in the amount of at $ per month for months. Local Force or Local Ad and Award Method C - Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on , Resolution/Ordinance No. Provisions I. Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work " When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 1 Preliminary engineering. 2. Right of way acquisition. 3. Project construction. Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show continuous progress may result the Agency's project becoming inactive, as described in 23 CFR 630, and subject to de -obligation of federal aid funds and/or agreement closure If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). DOT Form 140-039 Page 2 Revised 12/2020 Page 278 of 388 Back to Agenda The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A — The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B — The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C — The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 -Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). Vill. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. DOT Form 140-039 Page 3 Revised 12/2020 Page 279 of 388 Back to Agenda IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs Project Agreement End Date -This date is based on your projects Period of Performance (2 CFR Part 200 309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they become ineligible for federal reimbursement. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.0 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal -Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. DOT Form 140-039 Page 4 Revised 12/2020 Page 280 of 388 Back to Agenda XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary is notified by the Federal Highway Administration that the project is inactive. (5) The Secretary determines that such termination is in the best interests of the State. XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. XVII. Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). Additional Provisions DOT Form 140-039 Page 5 Revised 12/2020 Page 281 of 388 Back to Agenda Instructions 1. Agency Name and Billing Address — Enter the Agency of primary interest which will become a party to the agreement. 2. Project Number — Leave blank. This number will be assigned by WSDOT. 4. Agreement Number — Leave blank. This number will be assigned by WSDOT. a. Project Description — Enter the project name, total length of the project (in miles), and a brief description of the termini. Data entered here must be consistent with the name, length, and termini noted in the STIP and Project Prospectus Example: (Name) "Regal Road", (Length) "l .2 miles", (Termini) "Smith Road to Main Street" b. Description of Work — Enter a concise statement of the major items of work to be performed. Statement must be consistent with the description of work noted in the STIP and Project Prospectus. Example: "Overlay Regal Road; install curb, gutter, and sidewalk; illumination; and traffic signal at the intersection of Regal Road and Dakota Avenue." Project Agreement End Date — Enter your Project Agreement End Date. This date is based on your projects Period of Performance (2 CFR 200.309). For Planning Only projects — WSDOT recommends agencies estimate the end of the project's period of performance and add three years to determine the "Project Agreement End Date". For PE and RW — WSDOT recommends agencies estimate when the phase will be completed and add three years to determine the "Project Agreement End Date". For Construction — WSDOT recommends agencies estimate when construction will be completed and add three years to determine the "Project Agreement End Date". d. Proposed Advertisement Date — At construction authorization only, enter the proposed project advertisement date. e. Claiming Indirect Cost Rate — Check the Yes box if the agency will be claiming indirect costs on the project. For those projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized must be provided with the local agency agreement. Indirect cost rate approval by your cognizant agency or through your agency's self -certification and supporting documentation is required to be available for review by FHWA, WSDOT and /or State Auditor. Check the No box if the agency will not be claiming indirect costs on the project. See section 23.5 for additional guidance. 5. Type of Work and Funding (Round all dollar amounts to the nearest whole dollar) a. PE — Lines a through d show Preliminary Engineering costs for the project by type of work (e.g., consultant, agency, state services, etc.). Page 282 of 388 Back to Agenda *Federal aid participation ratio for PE — enter ratio for PE lines with amounts in column 3. ■ Line a — Enter the estimated amount of agency work in columns 1 through 3. • Line b & c — Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3. ■ Line d — State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Line e — Total of lines a + b + c + d. b. Right of Way — If a Right of Way phase is authorized on the project, the appropriate costs are shown in lines f through i. *Federal aid participation ratio for RW — enter ratio for RW lines with amounts in column 3. • Line f — Enter the estimated amount of agency work in columns 1 through 3. • Line g & h — Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3. • Line i — State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Line j — Total of lines f + g + h + i. c. Construction — Lines k through p show construction costs for the project by type of work (e.g., contract, consultant, agency, state services, etc.). *Federal aid participation ratio for CN — enter ratio for CN lines with amounts in column 3. • Line k — Enter the estimated cost of the contract. ■ Lines 1, m, & n — Enter other estimated costs such as utility and construction contracts or non -federally matched contract costs. ■ Line o — Enter estimated costs of all construction related agency work. ■ Line p — State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Line q — Total Construction Cost Estimate. Total of lines k + 1 + in + n + o + P. d. Total Project Cost Estimate ■ Line r — Total Cost Estimate of the Project. Total of lines e + j + q. *Please remember, if the federal aid participation rate entered is not the maximum rate allowed by FHWA, then the participation rate entered becomes the maximum rate allowed. 6. Signatures — An authorized official of the local agency signs the agreement, and writes in their title. Note: Do NOT enter a date on the Date Executed line. Page 283 of 388 Back to Agenda 7. Method of Construction Financing — Choose the method of financing for the construction portion of the project. a. Method "A" is used when the state administers the contract for the agency. b. Method "B" is also used when the state administers the contract for the agency. c. Method "C" is used with projects administered by the local agency. The agency will submit billings monthly through the state to FHWA for all eligible costs. The billings must document the payment requests from the contractor. If state -force work, such as audit and construction engineering, is to receive federal participation, it will be billed to the agency and FHWA simultaneously at the indicated ratio. To show continuous progress agencies should bill monthly until agreement is closed. Resolutions/Ordinances — When someone other than the County Executive/Chairman, County Commissioners/Mayor is authorized to sign the agreement, the agency must submit to WSDOT with the agreement a copy of the Resolution/Ordinance designating that individual. 9. Parties to the Agreement — Submit one originally signed agreement form to the Region Local Programs Engineer. It is the responsibility of the local agency to submit an additional, originally signed agreement form if they need an executed agreement for their files. The agreement is first executed by the agency official(s) authorized to enter into the agreement. It is then transmitted to the state for execution by Local Programs. The agreement is dated at the time of final execution by Local Programs. Page 284 of 388 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 7F Agenda Staff Report Subject: Adoption of a Resolution Approving Mayoral Appointments to the Lodging Tax Advisory Committee Back to Agenda Meeting Date: September 14, 2021 Prepared by: Brandy Rinearson, MMC City Clerk Atty Routing No.: Atty Review Date N/A N/A Summary: Pursuant to Port Orchard Municipal Code 2.22 and State law, the City Council shall review the membership of the Lodging Tax Advisory Committee (LTAC) annually and make appropriate changes by recommendation of the Mayor. The Mayor is recommending a representative from the following organizations/businesses to serve on the LTAC, upon Council's acceptance: A business required to collect the tax: • Red Lion Inn & Suites; and • Mrs. Howes Bed and Breakfast. An organization involved in activities: • Port of Bremerton; and • Visit Kitsap. On August 20, 2019, Council adopted Resolution 025-19, appointing Councilmember Rosapepe as the Chair of the committee. Relationship to Comprehensive Plan: N/A. Recommendation: Staff recommends confirming the Mayor's recommended appointments of members, and the Chair, as presented. Motion for consideration: I move to adopt a resolution confirming the Mayor's appointment of a representative from the Red Lion Inn & Suites and Mrs. Howes Bed and Breakfast, as businesses required to collect the tax and Port of Bremerton and Visit Kitsap as organizations involved in activities, to serve on the Lodging Tax Advisory Committee; and to confirm the re -appointment of Councilmember Rosapepe as Chair of the committee. Fiscal Impact: None. Alternatives: Deny the Mayor's recommendation and provide further direction. Attachments: Resolution and committee history. Page 285 of 388 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON CONFIRMING MAYORAL APPOINTMENTS AND CHAIR TO THE LODGING TAX ADVISORY COMMITTEE. WHEREAS, the Mayor is authorized by RCW 67.28.1817 to review the membership of the Lodging Tax Advisory Committee annually and to make changes as appropriate; and WHERAS, the Mayor has reviewed the committee membership and recommends representatives from the Red Lion Inn & Suites and Mrs. Howes Bed and Breakfast as businesses required to collect the tax; and Port of Bremerton and Visit Kitsap as organizations involved in activities, and WHEREAS, pursuant to Resolution No. 025-19, the City Council confirmed Councilmember Rosapepe to be the chair of the Lodging Tax Committee; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council of the City of Port Orchard confirms the Mayor's recommendations for representatives from Red Lion Inn & Suites and Mrs. Howes Bed and Breakfast as businesses required to collect the tax, and Port of Bremerton and Visit Kitsap as organizations involved in activities, to serve on the Lodging Tax Advisory Committee. THAT: Councilmember Rosapepe is confirmed as the Chair of the committee. 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 141" day of September 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 286 of 388 Back to Agenda City of Port Orchard Lodging Tax Advisory Committee Board Members Group 2021-2022 2020-2021 2019-2020 2018-2019 2017-2018 2016-2017 2015-2016 2014-2015 2013-2014 2012-2013 Chair Rosa e e Rosa e e Rosa e e Rosa e e Chang Chang Chang Chang Chang Chan KPVCB Visit Kitsap Beth Javens Kim Punt Port Orchard Chamber Matt Murphy Matt Murphy Matt Murphy Desiree Steffens Christine Daniels Desiree Steffens Fathoms O'Fun Sharron King Jessie Turner Jessie Turner Jessie Turner Am 's on the Ba /POBSA Concerts by the Bay Sidney Art Museum Chris StansburyChristine Stansbery Mary Peterson Bay St Assn POBSA Coreen Ha dock Bobbie Stewart Bobbi Stewart Bobbi Stewart Don Ran Chimes & Lights Saints Car Club Keith Wo shnis Keith Wo shnis Frank Graziani Frank Graziam Givens Center Port of Bremerton KathyGarcia KathyGarcia Jingle Bell Run Sheila Cline Kitsap Harbor Festival Explore Port Orchard Cedar Cove Association Holiday Inn Comfort Inn Chan Park Chan Park Chan Park Chan Park Chan Park Chan Park Days Inn Marissa Siens Marissa Siens Jack Edwards Jack Edwards Stephen Saffell Vista Motel Cedar Cove B&B KathyMichael KathyMichael KathyMichael KathyMichael KathyMichael KathyMichael Hidden Treasures B&B Heather Cole Mrs. Howe's B&B Lorraine Olsen Lorraine Olsen Lorraine Olsen Lorrain Olsen Lorraine Olsen Lorraine Olsen Lorraine Olsen Lorraine Olsen Lorraine Olsen Guest House Inn Page 287 of 388 Back to Agenda 2011-2012 2010-2011 2009-2010 2oo8-2009 2007-2oo8 2oo6-2007 2005-2oo6 2004-2005 2003-2004 2002-2003 2001-2002 Chang Chang Chang Chang Watt Watt Dilenno Dilenno Dilenno Watt Watt Diane Robinson Grant Griffin Grant Griffin Grant Griffin Grant Griffin Grant Griffin Grant Griffin Sharon Pierce or Coreen Haydock Sharon Pierce or Coreen Haydock DeDe Teeters DeDe Teeters Ruth Doveland Melode' Sa Melode' Sa Melode'Sapp Jesse Turner Jesse Turner Al Mahaney Bob Morehouse X Amy I loi Pam Heinrich Mary Peterson Kathleen Wilson John Ready John Ready Amanda Rudd Amanda Rudd or Mallory Jackson Amanda Rudd Phil McCormick Terry Bontra er Brian Sauer Brian Sauer Chan Park Chan Park Chan Park Chan Park Chan Park Maria Burns Sharon Pierce Sharon Pierce Sharon Pierce Sharon Pierce Sharon Pierce Stephen Saffell Stephen Saffell Stephen Saffell Stephen Saffell Andrea Hu es Bryan Powell John Miller Brian Powell Ken Parks Dick Berg Connie McGregory Connie McGregory Unknown Seung Suh Seung Suh Seung Suh Jasdip Sohal Jasdip Sohal Heather Cole Heather Cole Heather Cole Michelle Middleton Page 288 of 388 1 2000-2001 1 Grant Griffin Melode' Sa I Debbie Baker I Sharon Pierce Jasdip Sohal I Pat Wallace I Back to Agenda Page 289 of 388 ;W 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 7G Approval of Amendment No. 2 to Contract No. 082-19 with Kitsap Public Facilities District for Funding and Development of the South Kitsap Community Event Center Back to Agenda Meeting Date: September 14, 2021 Prepared by: Nick Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: In 2019, the City Council entered into an interlocal agreement (ILA) with the Kitsap Public Facilities District (KPFD) for funding to construct a Community Event Center in Port Orchard. On July 28, 2020, the City Council approved the first amendment to the ILA to restructure the tasks attached to the ILA to reflect the contract signed with the City's consultant Rice Fergus Miller. Now the City Council is asked to approve a second amendment to the ILA with KPFD. This second amendment is to reorder tasks 3 and 4 in the ILA and to add new conditions associated with releasing funds under task 3 as follows: - Signed purchase and sale agreement with Kitsap Bank for a not to exceed purchase price of $2.5 M; - Assignment of DNR lease from Kitsap Bank, including any assignment approval from DNR. - Satisfaction of all conditions for $1.2 M Department of Commerce Grant, as set forth in June 21, 2021. Email from Beth Robinson to Nick Bond, City of Port Orchard, a copy of which is attached hereto as Exhibit 1 to this Attachment B. - Availability of at least $300,000 in City funds. - Establishment of closing escrow. - NOTE; The District shall deposit funds into closing escrow with instructions that if for any reason, the purchase of the Kitsap Bank property does not close, the District funds are to be returned to the District. The KPFD approved the proposed amendment to the ILA on August 23, 2021, and it has been signed by KPFD's executive director. Any revisions to the second amendment to the ILA would require that the amendment be brought back to the KPDF board for approval. Relationship to Comprehensive Plan: The Community Event Center is listed as a planned capital facility in the City's Comprehensive Plan. Recommendation: Staff recommends the adoption of the second amendment to the interlocal agreement with KPFD as approved by KPFD to reorder task 3 and 4 and add conditions for the release of funds associated with task 3. Motion for consideration: "I move to adopt the second amendment to the interlocal agreement with the KPFD as approved by the KPFD board and as presented." Page 290 of 388 Back to Agenda Page 2 of 2 Fiscal Impact: The total grant award is unchanged, but the sequence of tasks and timing of funding has been revised. Alternatives: Do not approve the second amendment to the ILA. Attachments: The second amendment to the ILA. Page 291 of 388 Back to Agenda SECOND AMENDED REGIONAL CENTER INTERLOCAL AGREEMENT Between the Kitsap Public Facilities District and the City of Port Orchard This REGIONAL CENTER INTERLOCAL AGREEMENT (the "Agreement") is made pursuant to Chapter 39.34 RCW between the City of Port Orchard, a Washington non -charter code city acting under Chapter 35A.12 RCW ("Port Orchard"), and the Kitsap Public Facilities District, a Washington special purpose district operating under Chapter 36.100 RCW (the "District"). WHEREAS, pursuant to RCW 36.100.030(1) and RCW 35.57.020, the District is authorized to acquire, construct, own, remodel, maintain, equip, repair, and operate a regional center, and pursuant to Chapter 36.100.030(2), the District may enter into interlocal agreements with other agencies to operate such facilities. For these purposes, "regional center" means a convention, conference, or special events center under RCW 35.57.020(1)(a), or any combination of facilities and related parking facilities, serving a regional population constructed after July 25, 1999, at cost of at least ten million dollars. WHEREAS, pursuant to RCW 82.14.390, the District is entitled to receive certain local sales taxes which the District may use for the development of qualifying regional centers. WHEREAS, the District believes it has the financial capacity to support the development of one or more new regional centers in Kitsap County and has requested proposals from public agencies for new regional centers in Kitsap County. WHEREAS, Port Orchard has proposed a project (the "Project"), which qualifies as a regional center and which is more fully described in Attachment "A" (Project Summary), attached hereto and incorporated by reference. WHEREAS, the District Board has completed an evaluation and review process for seven (7) new regional centers and has initially determined to proceed with further review for possible funding with several applicants. WHEREAS, the District anticipates collaborating with Port Orchard on the development of a regional center, specifically, The South Kitsap Special Events Center, where the District's primary role would be to provide funding to create public benefits for Kitsap County. WHEREAS, the District and Port Orchard are committed to undertaking their respective tasks in the "Agreement Tasks" attached hereto as Attachment "B," as amended and incorporated by reference. WHEREAS, District funding is subject to an independent financial feasibility review prior to the issuance of any indebtedness or the long-term lease, purchase, or development of a regional facility pursuant to RCW 36.100.025. 1 Page 292 of 388 Back to Agenda WHEREAS, the City and the District previously amended the Agreement in a July 27, 2020 First Amendment and now agree to a further amendment ("Second Amendment") herein. NOW, THEREFORE, in consideration of the mutual obligations and benefits herein, the parties agree as follows: 1. Purpose of Agreement. The purpose and intent of this Agreement is for Port Orchard and the District to collaborate efficiently and effectively in order for the parties to determine the feasibility of the Project and, if feasible, construct the Project with funds from Port Orchard in part and from the District in part. 2. Port Orchard Funding Reguest. Port Orchard has requested, and has been awarded by the District, funding in the amount of $12,000,000.00 (Twelve Million Dollars) for the purposes more fully described in Attachment "A" and in accordance with the phasing in Attachment "B," as amended 3. Port Orchard Obligations. Port Orchard shall undertake the "Agreement Tasks", as set forth in Attachment "B", except for those assigned to the District in the attachment or this Agreement. In addition, Port Orchard shall undertake the following: 3.1 Contract Administration. Port Orchard shall be responsible for all aspects of the contract administration for the Agreement Tasks, which shall include, but not be limited to, advertising, bidding, awarding, and monitoring the contract(s), as generally required by any applicable RCW. However, all invoiced or out of pocket expenses related to the project, except staff salary, benefits, and overhead costs, are eligible for reimbursement. This includes but is not limited to advertising, permitting, connection fees, testing, sub -consulting, and construction. 3.2 Reporting. Port Orchard shall regularly (not less than quarterly) meet with the District to evaluate the progress of its Agreement Tasks. The meetings can be held remotely as needed, consistent with applicable Open Public Meetings Act (OPMA) requirements. 3.3 Timing of Agreement Tasks. The anticipated timing of the Agreement Tasks is set forth in Attachment "B," as amended. 3.4 Recognition. Port Orchard shall publicly recognize the District's contribution to the Project in a manner to be agreed upon. The District may require some identification of the Project as "Regional Center" or "Special Event Center." 4. The District's Obligations. The District shall undertake the tasks set forth in Attachment "B" and shall undertake the following tasks: 4.1 Contract Administration. The District shall be responsible for all aspects on contract administration for the Market Analysis (Task 6), Financial Viability, and Risk Assessment tasks described in Attachment "B", including advertising, bidding, awarding, and PAI Page 293 of 388 Back to Agenda monitoring. 4.2. Funding. The District shall fund the tasks set forth in Attachment "B" in an amount not to exceed $12,000,000.00 (Twelve Million Dollars). The dollar amounts for each task listed in Attachment "B" are estimates for each project phase but may be shifted as needed, provided that funds allocated to Task 7 may not be used prior to proceeding with Task 7. In the event the funding remains from Tasks 1-6, these funds may be spent on subsequent Tasks. In the event the City proposes to shift or reallocate funds to different Tasks, it shall first provide written notice to the KPFD, who shall have a right of approval, not to be unreasonably withheld. 5. Process for Payment. 5.1 Accounting and Reporting. Port Orchard intends to utilize its existing accounts and fund structure to manage this project. However, Port Orchard will demonstrate the capability to separately account and report all activity, funds and expenses related to this project. All funds related to this grant will be tracked under a separate project or account number and separately reported to the PFD. 5.2 Advance Deposits. The District agrees to provide an initial payment of $200,000 ("Initial Payment") to Port Orchard for cash flow purposes to allow Port Orchard to begin the project and process invoices that are consistent with the approved contract and subtasks in a timely manner. Port Orchard will follow the identified procedures, for seeking reimbursements for expenses in this Agreement thereafter. 5.3 Use of Funds. The funds from the District shall solely be used for the payment of invoices for the Agreement Tasks and no other purposes. Port Orchard may not reimburse itself for salary, benefits and overhead but all other out of pocket expenses related to the project are eligible for reimbursement. 5.4 Release of Funds. Port Orchard shall only release funds for the Agreement Tasks upon receipt of invoices for work performed, which work complies with the terms and conditions of the contracts for the Agreement Tasks or as specified in Task 3 of attachment B, as amended. Further, Port Orchard shall notify the District of any proposed payment for review and consent, not to be unreasonably withheld or delayed. 5.5 Increase in Consultant Contract Amounts. Port Orchard will promptly inform the District if any of the consultants/service providers inform Port Orchard that the consultant/service provider is proposing an increase in a contract sum. The District shall promptly, in its sole discretion, determine if the District's contribution to the contract sum should beincreased. 5.6 Refund of District Funds. Port Orchard shall not be required to reimburse the District for the funds transmitted to Port Orchard that are either: (i) paid to a consultant/service provider; or (ii) committed to be paid to a consultant/service provider pursuant to a valid contract between Port Orchard and that consultant/service provider. Otherwise, unused funds shall be reimbursed to the District. 9 Page 294 of 388 Back to Agenda 5.7 Port Orchard Matching Contributions. All accounting of staff time, Port Orchard expenses including consultant fees and Port Orchard contributions directly related to the project will be considered as part of the matching element of this project for District funding. 5.8 Final Accounting. Within sixty (60) days of the completion of the Assignment Tasks, Port Orchard shall provide a final written accounting of the District funds. 6. Feasibility Assessment, Performance Reauirements. Conditions/ Contingencies/Checkpoints. The District and Port Orchard are committed to funding the Project as set forth in this Agreement, subject to the following conditions: 6.1 Mutual Determination of Feasibility. See Attachment "B", Task 1. 6.2 Independent Feasibility Review - Department of Commerce. Irrespective of the parties' determination of feasibility as set forth above in Subsection 6.1, the District's funding commitment is subject to the statutory independent feasibility review of RCW 36.100.025. While the parties may cooperate to coordinate the reviews contemplated by subsections 6.1 and 6.2, those reviews may be conducted at different times as necessary. 6.3 Availability of Funds. This Agreement is contingent upon funding from the District. In the event that the District's expected funding payable to Port Orchard hereunder is withdrawn, reduced, limited, or not otherwise available after the effective date of this Agreement, this Agreement may be terminated by either party. 6.4 Port Orchard's Performance of its Assigned Tasks. District funding is conditioned upon Port Orchard's timely completion (as measured by the deadlines set out in Attachment "B" as amended) of its Assigned Tasks including, but not limited to, necessary property acquisition, obtaining necessary permits, and obtaining necessary funding in addition to the funding from the District. 6.5 Adoption of Operational Standards. Once the parties have determined that the Project meets applicable feasibility reviews, and before funding is committed for construction, the parties shall adopt a supplemental Interlocal Agreement addressing construction review and operational standards, replacement/reserve funding standards, reporting obligations, and any special standards applicable only to the Project, consistent with similar Interlocal Agreements with other regional center partners. 6.6 Process for Termination. In the event any of the required conditions are not satisfied, the Agreement may be terminated, by either party delivering thirty (30) days written notice to the other. The termination notice shall specify the date on which the Agreement shall terminate. 7. Notice and Project Coordinators. The following individuals are the Project Coordinators and official contacts for Port Orchard and the District. Any notice, request, approval, direction, invoice, statement, or other communication which may, or are required to be given under this Agreement, shall be in writing and shall be deemed to have been given if hand delivered, sent by a nationally recognized overnight delivery service, or if deposited le! Page 295 of 388 Back to Agenda in the U.S. mail and sent by certified mail, return receipt requested, postage prepaid to the Project Coordinators: For Port Orchard: Robert Putaansuu, Mayor City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Phone: 360-876-4407 Email: rputaansuu@cityofportorchard.us For the District: Michael Walton Executive Director Kitsap Public Facilities District 9230 Bay Shore Drive NW, Suite 101 Silverdale, WA 98383 Phone: 360-698 1885 Email: mwalton@kitsap-pfd.org All notices shall be deemed complete upon actual receipt or refusal to accept delivery. 8. Non -Assignability. Neither party may assign any interest in this Agreement and shall not transfer any interest in this Agreement without the prior written consent of the other party. 9. Independent Governments - No Liability. Each party is and shall remain an independent government. This Agreement does not create a partnership or other similar arrangement. The parties shall not be liable for the acts or omissions of the other party or their respective public officials, employees, or agents. 10. Term of Agreement. Except as otherwise stated herein, the term of this Agreement shall commence upon execution by both of the parties and shall continue until the earlier of when all Tasks have been executed or December 31, 2025.This Agreement may be reasonably extended by the parties as may be necessary to complete the Assignment Tasks, as the parties otherwise agree. 11. Amendment. No modification or amendment of this Agreement may be made except by a written document signed by both parties. 12. Counterparts and Electronic Transmission. This Agreement may be signed in counterparts. Electronic transmission of any signed original document, and retransmission of any signed electronic transmission shall be the same as delivery of an original document. 13. Governing Law. This Agreement, and the right of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Washington, and the parties agree that in any such action, jurisdiction and venue shall lie exclusively in Kitsap County, Washington. 9 Page 296 of 388 Back to Agenda 14. No Third -Party Beneficiaries. There are no third -party beneficiaries to this Agreement. 15. Interpretation. Each party participated in this Agreement and has had this Agreement reviewed by legal counsel. Therefore, any language herein shall not be construed against either party on the basis of which party drafted the particular language. 16. True and Full Value. Port Orchard and the District have each independently determined as to itself that: (i) it has the authority to enter into this Agreement; and (ii) the promises and covenants received from the other party represent "true and full value" received by it pursuant to RCW 43.09.210. 17. Survivability. All obligations contained herein shall survive termination until fully performed. 18. Entire Agreement. This Agreement, including all predicate paragraphs and exhibits which are incorporated into this Agreement, contains all of the understandings between the parties. Each party represents that no promises, representations, or commitments have been made by the other as a basis for this Agreement, which have not been reduced to writing herein. No oral promises or representations shall be binding upon any party whether made in the past or to be made in the future, unless such promises or representations are reduced to writing in the form of a written modification of this Agreement executed by both parties. IN WITNESS WHEREOF, Port Orchard and the District have executed this Agreement as of the date last written below. CITY OF PORT ORCHARD By: Robert Putaansuu Its: Mayor Date: KITSAP PUBLIC FACILITIES DISTRICT Daron Jagodzinske By: Daron Jagodzinske Its: Chair Date: 8/27/21 ATTEST: 2t/a�?tenS�D I V By: Walter S. Draper IV APPROVED AS TO FORM: Brian E. Lawler Brian E. Lawler, District Legal Counsel Page 297 of 388 Back to Agenda ATTACHMENT "A" PROJECT SUMMARY/DESCRIPTION The City of Port Orchard proposes to construct an approximately 24,000 square foot South Kitsap Community Events Center (SKCEC) building including adjacent site improvements. The SKCEC will provide a central gathering place and multi -purpose facility in downtown Port Orchard that will support a multitude of functions for local and regional use. The facility will house our Regional Library branch and support large events such as galas, community festivals, conferences, concerts, service group meetings and more. The project will also support the redevelopment of the shoreline area with pedestrian and water access. The facility will include a catering kitchen and other amenities to support events requiring food service. The project will serve as a centerpiece of a much larger redevelopment project that includes parking, office, commercial, retail, and residential development. 7 Page 298 of 388 Back to Agenda ATTACHMENT "B" AGREEMENT TASKS - COMMUNITY EVENT CENTER (CEC) CITY OF PORT ORCHARD-KITSAP PUBLIC FACILITIES DISTRICT (WITH ESTIMATED BUDGETS AND TIMING) The following tasks shall be undertaken by, and will be the responsibility of, the City of Port Orchard, unless otherwise noted. Task 1. Consultant Selection and Contract. $0 (8 months (from December 2019)) Task 1.1. City's Consultant Selection - RCW 39.80 Architectural and Engineering Services - Request for Qualifications. Deliverable 1.1. Professional services contract. The consultant selection will be made for all project phases. The contract will be phased as each subsequent scope of work is developed based on the results of previous tasks. The contract(s) will be approved in phases. The District reserves the right to review and approve the City's selection of consultants, such approval not to be unreasonably withheld. Task 2. Project Management, Planning, Outreach, Design, and Cost Estimates. $400,000 (16 Months) Task 2.1. Prepare draft management plan. Deliverable 2.1. Draft Management Plan. Task 2.2. Draft Goals and Objectives. Deliverable 2.2. Establish written project goals and objectives for the SKCEC including user identification. Task 2.3. Initiate public outreach, prepare draft concept plan, and draft space programming. Deliverable 2.3. Draft Concept Plan and Space Programming Report. Task 2.4. Space Programing and Needs Assessment. Deliverable 2.4. Preliminary Space Programming and Needs Report. Task 2.5. Analyze sites and select preferred location. Deliverable 2.5. Evaluate 3 sites for SKCEC construction consideration and prepare design schemes for each site. Prepare report with alternatives for City Council decision on site selection. Task 2.6. Prepare Market Analysis, Financial Viability, and Risk Assessment for preferred site. Deliverable 2.6. Feasibility Report. Task 2.7. Perform additional public outreach for preferred alternative. Deliverable 2.7. Summary of public input. Page 299 of 388 Back to Agenda Task 2.8. Finalize Space Programming and Needs Assessment. Deliverable 2.8. Provide preliminary SKCEC monetary operational feasibility report and final space programing report. Task 2.9. Preferred Alternative Site Analysis. Deliverable 2.9. Prepare technical report(s) to inform architectural and site design. This may include (depending on site selection) a geotechnical report, phase 2 environmental assessment, biological evaluation, topographic survey, archeological and cultural resources report, and shorelines mitigation and engineering report. Task 2.10. Property Ownership/Master Plan. Deliverable 2.10. Provide information to City consultant concerning downtown master plan. Assist the City to determine SKCEC property and building ownership. Task 2.11. Schematic Design. Deliverable 2.11. Provide preliminary schematic design to 25%. Prepare project cost estimates and scope of work for subsequent task(s). Task 2.12. City Council Action. City to review all deliverables and decide whether to accept additional $600,000 (estimated) for Task 4. Task 3. Property Acquisition. $1,000,000 Task 3.1. Acquire property from Kitsap Bank for the Project for $2.5 M with funding of $1.2 M from the Washington State Department of Commerce; $1.0 M from the District; and $300,000 from the City. Deliverables for release of funding from District. - Signed purchase and sale agreement with Kitsap Bank for a not to exceed purchase price of $2.5 M; - Assignment of DNR lease from Kitsap Bank, including any assignment approval from DNR. - Satisfaction of all conditions for $1.2 M Department of Commerce Grant, as set forth in June 21, 2021. Email from Beth Robinson to Nick Bond, City of Port Orchard, a copy of which is attached hereto as Exhibit 1 to this Attachment B. - Availability of at least $300,000 in City funds. - Establishment of closing escrow. - NOTE; The District shall deposit funds into closing escrow with instructions that if for any reason, the purchase of the Kitsap Bank property does not close, the District funds are to be returned to the District. Task 4. Prepare 60% Design Development, Cost Estimates, and Shoreline Permit Submittal. $600,000 (estimated) (9-12 Months) Task 4.1. Prepare 60% Design Development (DD) plans and Shoreline Development Phasing Plan (SDPP). Deliverable 3.1. 60% Design Development (DD) Plans for site improvements and building, 9 Page 300 of 388 Back to Agenda finalize reports from Task 2.2. Develop SDPP [Phase 1 CEC building and landscape/hardscape, Phase 2 shoreline restoration, Phase 3 overwater structure(s)]. Finalize all technical reports. Prepare Environmental Checklist. Prepare Traffic Impact Analysis/Parking Analysis. Prepare complete application for Shoreline Substantial Development Permit (and Shoreline Variance if required). Task 4.2. Cost Estimates. Deliverable 3.2. Consultant to provide cost estimates for completion of plans, specifications and bid documents for three phases of project and for construction of each phase of project. Task43.3. Operations and Maintenance Costs and Responsibilities. Deliverable 3.3. Determine estimated facility operating costs and tenant responsibilities. Work with partners to identify operational cost responsibilities. Task 4 City Council Action: City to review plans and funding requirements with any project partners and decide whether to accept additional $1,500,000 (estimated) for Tasks 4 and 5. Task 5. Shoreline Permits, 100% Ad Ready Construction Documents (PS&E) and Complete Applications for Development. $500,000 (estimated) (6-12 months) Task 5.1. Prepare Shoreline Substantial Development Permit (SSDP) application, submit, and provide support. Deliverable 5.1. Attend meetings and provide support for (SSDP) application. Task 5.2. Prepare 100% ad ready construction documents (PS&E) for each phase of the approved shoreline phasing plan (CEC, over water structures (such as a pier), Shoreline Restoration). Deliverable 5.2. 100% ad ready construction documents (PS&E). Task 5.3. Prepare complete applications for building permits, land disturbing activity permits (LDAP), and stormwater drainage permits (SDP). Prepare and file JARPA application. Deliverable 5.3. Complete application submittal packages. Task 5.4. Prepare plans for any offsite Improvements (if required under SEPA, SSDP, or as conditions of other permit approvals). Deliverable 5.4. Provide permit application submittal packets for offsite improvements. Task 5 City Council Action: City to review plans and funding requirements with project partners and decide whether to accept additional funds for Task 7. The City and its partners shall raise the remaining funds or secure commitments for the full funding of Task 7 prior to accessing additional KPFD funds. Task 6. Market Analysis, Financial Viability, and Risk Assessment in accordance with KPFD guidelines (KPFD to select). Deliverable 6. KPFD's portion of the feasibility study report. 10 Page 301 of 388 Back to Agenda Task 7. Secure Funding for Construction and Term Financing - As an alternative to the KPFD issuing bonds to cover the remaining $9.SM commitment. Task 7.1. KPFD commits percentage of sales tax rebate revenue sufficient to fund required debt service coverage based on issuer's credit rating. Deliverable 7.1. KPFD commitment of sales tax rebate revenue to satisfy bonding requirements. Task 7.2. Identify debt issuing entity. Deliverable 7.2. City, County, or Port of Bremerton identified as debt issuer. Task 7.3. Quantify debt service needs and costs based on borrowing entity and structure. Deliverable 7.3. Construction draw schedule, term debt service schedule, interest costs and other financing costs. Task 7.4. Define borrowing structure. Deliverable 7.4. Define timing and borrowing amounts needed to fund construction, needed amortization of term financing and any pledges to enhance credit of debt issuance to reduce interest costs. (Note: A binding commitment of sales tax rebate revenue will be necessary to quantify the amount of debt that can be issued. This amount should be set based on estimated required debt service coverage plus some allowance for changes in interest rates from current rates. Should the borrower require less than the committed amount, the commitment amount shall then be reduced to match the final required debt service coverage) Task 7.5. Borrowing entity secures financing at lowest true interest cost (TIC) available in the market. Deliverable 7.5. Borrowing entity issues debt or obtains binding commitment for debt placement. Comment: Borrower should evaluate either public debt issuance or commitment from private purchaser. Task 8. CEC (excludes shoreline restoration and overwater structures) Project Management, Bid Support/Bid Award, Construction Administration/Construction Management, A&E Support, Construction. $16,000,000 to $20,000,000 ($9,500,000 of Task 8 cost from KPFD) Task 8.1. Project management Deliverable 8.1. Overall project management and oversight. Task 8.2. Bid support/Bid award Deliverable 8.2. A&E of record provides bid support (requests for information responses, construction document amendments, bid tabulations, etc.) Task 8.3. Construction administration/Construction management Deliverable 8.3. Daily inspection reports, documentation as required, scheduling, certified payrolls, progress billing approval, etc.) Task 8.4. A&E support 11 Page 302 of 388 Back to Agenda Deliverable 8.4. A&E of record to provide technical assistance and direction during construction. Task 8.5. CEC construction phase. Deliverable 8.5. Construction contract. Task 8.6. Miscellaneous. Deliverables 8.6. Required connection fees, impact fees and permit fees paid. Construction staking, surveying, materials testing, special inspections provided. Task 9. City to Complete Shoreline Restoration and Overwater Structures (No further KPFD involvement) 12 Page 303 of 388 Back to Agenda ATTACHMENT "B" EXHIBIT 1 June 21, 2021 Nick Bond City of Port Orchard 210 Prospect Street Port Orchard, WA 98366 Dear Nick: Congratulations! Governor Inslee recently signed the 2021-23 State Capital Budget, which includes an appropriation of $1,236,000.00 for the South Kitsap Community Events Center (Port Orchard) Project. The Department of Commerce, which will administer the project, will retain two percent (up to a maximum of $50,000) to cover our administrative costs. Accordingly, your net grant award will be $1, 211, 280.00. Prior to receiving funds, your organization will need to fulfill the following requirements: • Provide documentation of your organization's financial ability to complete the project. All funds from sources other than the state must be expended, raised, or secured by documented pledges or loans. • For nonprofit grantees, any property relevant to the project must be owned or secured by a long- term lease that remains in effect for a minimum of ten years following the final payment date. A lien on owned property is also required when receiving grants over $500,000. • Prevailing wages must be paid for all construction labor costs incurred as of May 18, 2021. • Review by the Washington State Department of Archaeology and Historic Preservation and any affected Tribes (Governor's Executive Order 21-02). • Your project may also need to comply with the state's green buildings standards (RCW 39.35D). Please fill out the linked Contract Readiness Survey and submit at your earliest convenience. Also enclosed is a comprehensive set of contracting guidelines to assist you with the process. If you have any questions or need additional information, please contact your Project Manager, Beth Robinson, at (360) 549-6260 or Beth.Robinson@commerce.wa.gov. Sincerely, Beth Robinson Program Manager Department of Commerce Local Government Division Capital Programs Unit PO Box 42525 Olympia WA 98504-2525 Cell Phone: 360-549-6260 Hours: Monday -Thursday 6:00-4:30 13 Page 304 of 388 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 7H Approval of a Contract with West Coast Code Consultants (WC-3) for Building/Fire Code Plan Review and Buildiniz/Fire Code Inspection Services Back to Agenda Meeting Date: September 14, 2021 Prepared by: Nicholas Bond Atty Routing No. Atty Review Date DCD Director N/A N/A Summary: The City relies on consultants to support the Building Department for plan review and inspection services under the City's building codes. On August 10, 2021, the City DCD used its consultant roster hosted by MRSC to select a consultant for personal services, under a main category of Building Department Services and a subcategory of Building Inspection Services. After reviewing statements of qualification posted on the roster, the City selected West Coast Code Consultants (WC-3) and requested a scope and fee structure for Building Department services. A contract was negotiated for an amount not to exceed $140,000 through 2022. The scope provides for a variety of services and the fee structure varies depending on the service provided. The fee schedule is attached to the contract as Exhibit B. It is unlikely that the City will reach the contract amount prior to the end of 2022 but given permitting volumes and the City's targets for time periods in which to turn around building permit applications, the contract does provide flexibility to allow the City to maintain levels of service. There is currently a considerable backlog of building permits awaiting review due record permit volumes seen in 2021. In addition, our existing on call consultant has staffing shortages and has been extremely busy in 2021 and DCD requires a secondary on call consultant to manage work volumes. The proposed contract is on the city's standard form and does not include any deviations. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends approval of a contract with West Coast Code Consultants (WC-3) as presented. Motion for consideration: "I move to approve a contract with WC3 not to exceed $140,000 as presented." Fiscal Impact: The contract is not to exceed $140,000 during the biennium. Building plan review and permit revenues for the past 2 years have been very strong and have exceeded budgeted revenue. If the city uses the consultant it will be because there are corresponding unbudgeted revenues to offset the cost. Alternatives: Do not approve the contract as presented. Attachments: Contract. Page 305 of 388 Back to Agenda CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the day of , 2021, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and, WEST COAST CODE CONSULTANTS, INC. a corporation, organized under the laws of the State of Washington, doing business at: 19109 36th Ave W, Suite 207 Lynnwood, WA 98036 Contact: Martha (Marty) Gillis (hereinafter the "CONSULTANT") Phone: 425.582.1719, Cell: 425-773-0448 for professional services in connection with the following Project: TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A" The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 1 of 10 Page 306 of 388 Back to Agenda 3. Terms. This Agreement shall commence on ("Commencement Date") and shall terminate unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. 11 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 $ 140,000.00 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto fixed rates and hourly fees as specified in Exhibit B. ❑ 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. 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 2of10 Page 307 of 388 Back to Agenda B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 3of10 Page 308 of 388 Back to Agenda termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 4of10 Page 309 of 388 Back to Agenda the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. 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, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. 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 described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement 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 City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 5of10 Page 310 of 388 Back to Agenda 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. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. 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 any 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 to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 6of10 Page 311 of 388 Back to Agenda 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 West Coast Code Consultants, Inc. Martha (Marty) Gillis NW Regional Manager 19109 36th Ave W, Suite 207 Lynnwood, WA 98036 Phone: 425-582-1719 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing parry shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 7of10 Page 312 of 388 Back to Agenda the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 8of10 Page 313 of 388 Back to Agenda 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATE: Brandy Rinearson, MMC City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. WEST COAST CODE CONSULTANTS, INC. By., Name: Martha (Marty) Gillis Title: NW Regional Manager 9of10 Page 314 of 388 Back to Agenda APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and West Coast Code Consultants, Inc. Professional Service Agreement Contract No. 10 of 10 Page 315 of 388 Back to Agenda 19109 36`h Ave W, Suite 207 Lynnwood WA 98036 OFFICE: (42S) S82-1719 EXHIBIT A SCOPE OF SERVICES When requested by the Jurisdiction, the Consultant will provide services in accordance with the terms and conditions of this agreement. BUILDING OFFICIAL SERVICES At the request of the Jurisdiction's Building Official, services may be provided for code interpretation and administrative needs such as ordinance review and update, staffing needs and department budget development and review. IUlf l0l061Quff.110Y0407Wra0 The Consultant's staff is available to attend Jurisdiction requested meetings such as pre -application, pre - construction or cooperative review meetings. PLAN REVIEW The Jurisdiction will determine which plans and building permit applications will be reviewed by the Consultant. The Jurisdiction will intake, track, and process the permit applications and all revisions per current building permit administration procedures. The Consultant will review such plans submitted with building permit applications for structural and nonstructural code compliance in accordance with the currently adopted construction codes as adopted and amended by the state of Washington and the Jurisdiction, except that the Consultant will confer with the Jurisdiction's Building Official and his/her agent on any portion of the review that specifically requires the approval of the Building Official as specified in the code(s). The Consultant will not design for the applicant, make any structural changes on the plans, or make any changes that directly contradict other information on the plans. Significant changes must be made by or under the direction of the applicant or design professional. When the plans and applications are consistent with the Jurisdiction's codes, the Consultant will indicate that the drawings have been reviewed and found to be in substantial compliance with applicable construction codes and ordinances. The reviewer's name and date of compliance will be affixed to each sheet in up to three sets of drawings including the cover sheet. Full Plan Review: Upon request by the Jurisdiction, the Consultant shall review all project documents which consist of plans, specifications and engineering. The Consultant will approve and return the plans to the Jurisdiction for additional permit processing; or a plan review correction letter will be drafted identifying corrections or requesting additional information and routed to the Jurisdiction. The Consultant will approve and return the plans to the Jurisdiction for additional permit processing; or a plan review correction letter will be drafted identifying corrections or requesting additional information and routed to the Jurisdiction. Review may include: • Structural Review • Fire Code Review • Architectural Review • Fire Sprinkler Review • Energy Review • Fire Alarm Review • Barrier Free Accessibility Review • Mechanical Review Page 316 of 388 Page 1 of 6 Back to Agenda 19109 36`h Ave W, Suite 207 Lynnwood WA 98036 OFFICE: (42S) S82-1719 • Plumbing Review • Civil/Site Plan Review Deferred Review & Review After Permit Issuance: Upon request by the Jurisdiction, the Consultant shall review deferred submittal designs, approve and return plans to the Jurisdiction for additional permit processing; or a plan review correction letter will be drafted identifying corrections or requesting additional information. Review of deferred submittal items or revision to permits after approval or permit issuance are provided at an hourly rate included in Exhibit B. Additional Reviews: The Consultant shall perform additional reviews beyond (1) recheck when authorized by the Jurisdiction, at an hourly rate as described in Exhibit B. Turn -around Time: Plans will be reviewed using the Washington State Building and Energy Code as adopted by the Jurisdiction and will be processed using the Timeline Schedule for Plan Review listed below. Timeline commences upon delivery of a complete permit application and plans; and ends upon the delivery of a correction letter or return of the approved permit application and plans. The Jurisdiction's Building Official has sole authority to interpret and reject plans. • The review time may be negotiated based on the number and complexity of projects to be reviewed. The Consultant will not be held responsible for delays beyond the Consultant's control. During heavy workloads or schedule delays, the Consultant shall notify the Jurisdiction of revisions to estimated target dates. Timeline Schedule for Plan Review Project Type Initial Review (Business Days) Recheck (Business Days) Residential Projects (New Construction, Additions & Remodels) 10 5 New Multi -Family Projects 15 10 Commercial Projects 10-20 7-10 Commercial Additions, Tenant Improvements 10 5-7 *All turnaround times have been specified from the full day they are received in our offices. BUILDING INSPECTION Depending on staff availability the Consultant will provide a certified building inspector or equal to perform the following services on an as -needed, on -call basis: • Upon authorization by the Jurisdiction, the inspector will perform building inspection work for the Jurisdiction. Generally advance notice of inspection requests are recommended and desired to assure confirmation of staffing needed to provide inspection services. This is generally possible for scheduled vacations, training events, and other known scheduling needs such as heavy workflow. In the case of heavy work flow a jurisdiction provides notice that a set schedule, is requested (IE Tuesday Thursday for the next 4 months starting March 1, etc.) while this method is desirable to assure adequate staffing, unscheduled inspection requests may be made. Consultant respectfully requests as much advance notice as possible and will work diligently to provide inspection staff meeting your needs. Page 317 of 388 Page 2 of 6 Back to Agenda 19109 36`h Ave W, Suite 207 Lynnwood WA 98036 OFFICE: (42S) S82-1719 • At the request by the Jurisdiction, the inspector shall be asked to perform one or more of the following inspection tasks: • non-structural fire and life safety inspections • structural inspections • energy code inspections • barrier free inspections • mechanical & plumbing inspections • building code compliance, compliance inspections The inspector will provide building inspections in accordance with the currently adopted International Codes, Washington State Building Code (WAC 51-50 etc.), and Energy Code (WAC 51-11), and the applicable City Building Codes. The inspector will confer with the Jurisdiction's Building Official or his/her agent on any portion of the review that specifically requires an approval of the Building Official under the applicable Code(s), or that involves an unusual interpretation. • Inspections will be done in accordance with all codes, ordinances and regulations in effect and will be performed in a courteous and professional manner. Up-to-date records of inspection status will be maintained on the job card in the field and on the office copy of the permit. • The Jurisdiction shall guarantee a minimum of 8 hours of inspection each work day that inspection services are provided, unless otherwise mutually agreed. • All inspections and re -inspections will be performed for compliance with the Washington Codes and all applicable State, Federal and local laws and City amendments under the direction of City staff using City procedures and methods. Consultant inspectors will confer with the Building Official and/or designated staff member on all discretionary decisions or requests for alternate materials or types of construction. Vehicles, Office Equipment: Consultant inspectors will provide services as if they were regular members of the Jurisdiction inspection staff. Vehicles: Jurisdiction vehicles will not be used to perform Jurisdiction inspections unless specifically permitted and directed. If Jurisdiction vehicles are used, reimbursement charges for milage will not apply. Reimbursement charges will apply for use of private vehicles for inspection services. Office Equipment, Computers etc.: Consultant inspectors may (at the Jurisdiction's discretion) be assigned Jurisdiction office equipment such as computers, tablets, phones, iPads or printers and may have access to these tools while on -call. Consultant inspection staff will abide by the Jurisdiction policies and procedures regarding the use of all assigned equipment. ADDITIONAL SERVICES: Additional services may be provided as needed and as mutually agreed upon. Note that Consultant may be able to provide services which are not specifically listed below. Page 318 of 388 Page 3 of 6 Back to Agenda 19109 36`h Ave W, Suite 207 Lynnwood WA 98036 OFFICE: (42S) S82-1719 Permit Technician: The following services are available at the request of the Jurisdiction depending on Consultant staff availability. • Permit Technician Code Training and Coaching: Upon request by the Jurisdiction, the Consultant shall assist staff with knowledge and resources to enhance their skill level and efficiency. The Consultant will also help with a coaching plan to assist obtaining ICC certification. • Full day seminar style training sessions • One on one sessions with staff Page 319 of 388 Page 4 of 6 Back to Agenda 19109 36`h Ave W, Suite 207 Lynnwood WA 98036 OFFICE: (425) 582-1719 EXHIBIT B COMPENSATION & RATES Our standard fees are a percentage of the City's plan review fees. Plan review includes the initial and second review. Inspection services requiring deployment from the Lynnwood WA office use hourly rates; applying to travel from Lynnwood to the City of Port Orchard and from Port Orchard to Lynnwood. Services not listed below may be negotiated: TABLE OF BILLING RATES BUILDING SERVICES FIXED FEE AMOUNT Complete Building Plan Review 65% of Plan Review Fees 3rd & Subsequent Plan Reviews with City Approval $110 / Hour Revisions / Deferred Submittals $110 / Hour Expedited Plan Review 150% of Regular Plan Review Fees POSITION J I HOURLY RATE Building Official $120 / Hour Engineer, Professional or Structural $110.00 - $130 / Hour DOE Plan Reviewer $110 / Hour Fire Plan Reviewer / Inspector $110 / Hour Building Inspector $95 - $110/ Hour DOE Permit Technician $85 / Hour Education/Instructor $105 / Hour, $1,200 per day Miscellaneous: *Reimbursable expenses may include printing costs. Travel charges such as, ferry, parking & toll charges. Actual cost without mark-up, portal to portal. *Reimbursement for mileage are for the use ofpersonal automobiles within the Jurisdiction's limits; typically by Field Inspectors. Calculated at the current IRS rate. *$85 Trip Fee to offset the milage cost of deploying inspection staff to the City. Used for deployment of WC` staff based in the Lynnwood office and the City. *Eight (8) hour minimum is required for all requested inspections. *All rates require a minimum charge of I hour. *Education: Requires I hour ofprep time for every 3 hours teaching time with a minimum charge of 1 hour. *All fees and rates are subject to annual review, periodic increases, and acceptance by the City. Page 320 of 388 Page 5 of 6 Back to Agenda 19109 36`h Ave W, Suite 207 Lynnwood WA 98036 OFFICE: (42S) S82-1719 Invoicing • Invoices shall be generated upon completion of 1st review, subsequent review, and at final approval with all supporting documents required by the Jurisdiction and the Consultant. The Consultant services shall be invoiced for services provided and are not dependent on achieving sufficient resolution needed to approve permit issuance. • Invoices shall be submitted electronically to the Jurisdiction by the loth day of each month. • The Jurisdiction shall notify the Consultant of any discrepancy, and the Consultant shall correct accordingly. • Invoices shall be paid within a maximum of 30 days of receipt, unless mutually agreed by the Jurisdiction and Consultant. Page 321 of 388 Page 6 of 6 ;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 71 Approval of Amendment No. 1 to Contract No. 016-21 with LaCross & Murphy, PLLC for Public Defense Services Back to Agenda Meeting Date: September 14, 2021 Prepared by: Brandy Rinearson, MMC Atty Routing No. Atty Review Date City Clerk Clerk — Matter 5 September 3, 2021 Summary: Ordinance No. 023-14, establishes Chapter 9.09 Public Defense Services in the Port Orchard Municipal Code in compliance with State law and Washington Supreme Court standards for public defense. The City currently contracts with LaCross & Murphy, PLLC for public defense services. The current City contract requires that the supervising attorney has a specific level of experience and requires that the agreement be amended for any change in the staff assigned to serve as public defenders in Port Orchard. LaCross & Murphy, PLLC has recently experienced turn over in attorneys and has requested to amend the contract to allow for the hiring of the employees at their preference, with the understanding that the City designated attorney shall meet the minimum experience/qualifications set by the State and Washington Supreme Court standards and which is contained in the underlying agreement with Port Orchard. By adopting this First Amendment, staffing changes will no longer require an amendment of the agreement or Council action, but rather LaCross & Murphy, PLLC would simply provide notice to the City of these changes. Relationship to Comprehensive Plan: None. Recommendation: Staff recommends approving the contract as presented. Motion for consideration: "I move to approve contract amendment no. 1 to contract number 016-21, with LaCross & Murphy, PLLC and authorize the Mayor to execute the amended agreement as presented." Fiscal Impact: None. Alternatives: Do not approve and provide direction to staff. Attachments: Amendment and original contract Page 322 of 388 Back to Agenda FIRST AMENDMENT TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE This FIRST AMENDMENT TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENTFOR PUBLIC DEFENSE ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and LaCross & Murphy, PLLC, a Washington professional limited liability company ("Public Defender"). City and Public Defender are each a "Party" and together the "Parties" to this Amendment. The Parties hereby agree as follows: RECITALS: A. The City and Public Defender entered into an agreement on January 1, 2021 for the purposes of having Public Defender provide public defense legal services to defendants being prosecuted by City ("Agreement"). B. Exhibit "A" to the Agreement set forth the Scope of Work and Minimum Qualifications for Public Defender, including requiring the appointed supervising attorney have a minimum of 3 years of criminal law experience and naming the attorneys who would be the primary and assisting attorneys. C. Public Defender is going through personnel changes which means that some of the named attorneys in Exhibit "A" will not be serving City in the future. D. In order to make this change and to allow future personnel changes to occur without the necessity of amending the Agreement, the Agreement and the Scope of Services need updating. FIRST AMENDMENT TO AGREEMENT: 1. The Second Paragraph under "Scope of Services" in Exhibit "A" attached to the Agreement is hereby amended to read as follows: The Public Defender will designate an attorney meeting the Minimum Experience/Qualifications listed above as the Primary Attorney assigned to perform these services. At the time of the execution of this First Amendment to the Agreement, the Primary Attorney is designated as Jacob Murphy (WSBA 29818). The Public Defender will provide City with advanced written notice if another attorney will become the Primary Attorney. City may object to the substitution of a different Primary Attorney, in which case Public Defender will work with City to designate an acceptable Primary Attorney. Public Defender and Primary Attorney may utilize other attorneys who are employed by Public Defender to provide the AMENDMENT #1 TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE Page 1 1433126.2 - 366922 -0010 Page 323 of 388 Back to Agenda services under this Agreement, provided however, that the Primary Attorney will provide guidance and supervision to any other attorney providing services under this Agreement to ensure that the work performed meets the Standards set forth in Section 2 of the Agreement. Public Defender and Primary Attorney will provide City with advanced written notice as to the names, experience, and WSBA numbers of any other attorneys who will assist the Primary Attorney and will keep City updated by providing additional notice of personnel changes as is applicable. 2. Severability. The provisions of this First Amendment are declared to be severable. If any provision of this First Amendment is for any reasons held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. Entire Agreement. The written provisions and terms of this First Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming apart of or altering in any manner whatsoever, this First Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, and this First Amendment. Should any language in any of the Exhibits to the Agreement conflict with any language contained in this First Amendment, then this First Amendment shall prevail. Except as modified by this First Amendment, all other provisions of the original Agreement not inconsistent with this First Amendment shall remain in full force and effect. 4. Effective date. This Amendment shall be effective as of 2021. IN WITNESS WHEREOF, the parties have executed this Amendment on this y � of u 2021, LaCROSS & MURPHY, PLLC By �• wt ..,� 4 APPROVED AS TO FORM: AMENDMENT #1 TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE Page 2 1433126.2 - 366922 -0010 CITY OF PORT ORCHARD By: Its: Mayor APPROVED AS TO FORM: Charlotte A. Archer Page 324 of 388 Back to Agenda Port Orchard City Attorney ATTEST: Brandy Rinearson Port Orchard City Clerk AMENDMENT #1 TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE Page 3 1433126.2 - 366922 -0010 Page 325 of 388 Back to Agenda Contract No. 016-21 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE THIS AGREEMENT is made effective as of the 1" of January 2021, by and between the City ' of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD; WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor. Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and LaCross & Murphy, P LLC, a limited liability corporation, organized under the laws of the State of Washington, doing business at: LaCross & Murphy, PLLC ("PUBLIC DEFENDER") 559 Bay Street Port Orchard, WA 98366 Contact: Jacob Murphy - Phone:360-895-1555 Fax: 360-895-1554 for the provision of legal services to serve as designated Public Defender for the City of Port Orchard, serving the Port Orchard Municipal Court. This contract replaces and supersedes the previous contract with Public Defender dated July 1, 2015. Section 1. Purpose. The purpose of this Agreement is to ensure that the City receives professional services from the Attorney in an effective, • timely and cost efficient manner while ensuring that the Attorney is appropriately and fairly compensated for services rendered. Section 2. Scope of Service. A. Public Defender shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A," in full compliance with Port Orchard Municipal Code Chapter 9.09, Public Defense Services, the Washington State ' Supreme Court Standards for Indigent Defense (CrLJ 31 Standards), and the Washington State Bar Association Standards for Indigent Services, requirements of which are incorporated into this Agreement by reference as if fully set forth herein. The services performed by the public defender shall not exceed the Scope of Work without prior written authorization from the City. ' Page 326 of 388 Back to Agenda B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. ; C. As set forth in Exhibit A, the Public Defender shall provide the City with reports and documents related to this Agreement. D. Within thirty (30) days of receiving notice of award of this Agreement and on an annual basis thereafter, Public Defender shall submit the Public Defender Certification Form, which is attached hereto as Exhibit B, to the City Clerk attesting that the Public Defender and any other attorneys who perform services for the City comply with all of the standards identified in Section 1(A) above, and requirements of this Agreement. Section 3. Schedule of Work/Term. A. The term of this Agreement shall be for two (2) years, PROVIDED, HOWEVER, that absent an agreement being entered by the City with another lawyer or law firm, the Public Defender shall remain as attorney of record on all cases to which the Public Defender has been appointed until the., court's jurisdiction is terminated by the Court, unless withdrawal is permitted by the Court, as may be required by the Rules of Professional Conduct. Such representation shall continue beyond the term of this Agreement. and all provisions of this Agreement shall continue to apply to services performed. - B. The Agreement will be automatically renewed for two-year periods.without action being taken by either party, unless .terminated or suspended as provided in Section.6 herein. Section 4. Compensation. Compensation for these services shall be as set forth in Exhibit C, attached hereto and incorporated herein by this reference. Although payment is made at a flat monthly rate, it is understood by all parties that compensation shall be for all services rendered and all appointments made by the court in each calendar month. Upon acceptance of payment, the Public Defender will be deemed fully compensated for representation on cases appointed during the calendar month, and shall be obligated to complete his/her duties to each client under the Scope of Work (Exhibit A), so long as the Public Defender is attorney of record, without additional compensation. Section 5. Independent Contractor Status. It is expressly understood and agreed that Public Defender, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and is not an employee of the City. No agent, employee or representative of the Public Defender shall be or shall be deemed to be the employee, agent or representative of the Page 327 of 388 Back to Agenda City. The parties agree that the Public Defender has the ability to control and direct the performance and details of his work, the City being interested only in the results obtained. None of the benefits provided by the City to its employees including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents or representatives of the Public Defender. The Public Defender will be solely and entirely responsible for its acts and for the acts of its agents, employees and representatives during the performance of this Agreement. Section 6. Billings. A. Public Defender shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid within sixty (60) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Public Defender of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. Public Defender shall keep cost records and accounting, pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Public Defender shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Public Defender's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Public Defender under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. Section 7. Discrimination and Compliance with Laws A. Public Defender agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, _color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. The Public Defender agrees to comply with all federal, state and municipal laws, rules and,regulations that are now effective or become applicable within the terms of this Agreement to the Public Defender's business, equipment and personnel engaged in activities covered by this Agreement or accruing out of the performance of such activities. Page 328 of 388 Back to Agenda C. Public Defender shall obtain a City of Port Orchard business license prior to commencing services under this Agreement, or within thirty (30) days of notice of award of the Agreement to the Public Defender, whichever occurs first. D. Under no circumstances will Public Defender transport by vehicle, or any other mode of transportation, any persons he/she represents as Public Defender, under the terms of this Agreement. Should Public Defender transport any person in violation of this provision, Public Defender assumes all risk and liability and shall defend, indemnify. and hold the City, its officers, officials, employees and volunteers harmless from any and all -claims, injuries, damages, losses or suits, including attorneys' fees and costs, arising out' of or resulting from the � transport of such persons. This section shall survive expiration of this Agreement. E. Violation of this Section 7 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. Section 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by either party with or,without cause by providing one -hundred twenty (120) days' written notice to the other party at the addresses set forth in Section 15. B. Termination with cause. The Agreement may be terminated ' for "good cause." Good cause shall include the failure of the Public Defender to render adequate representation to clients, the willful disregard of the rights and best interests of the client, and the willful disregard of the applicable standards described herein. . Termination may also occur for violation of the express terms of this Agreement, provided that the Public. Defender shall be provided reasonable opportunity, following notice, to cure any technical violations of this Agreement that do not impair the provision of quality representation to the indigent client. C. Rights Upon Termination. 1. Without or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material of Public Defender prepared pursuant to this Agreement shall be submitted to City, and Public Defender shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total .compensation set forth herein. Public Defender shall not be entitled to any reallocation of cost, profit' or overhead. Public Defender shall not in any event be entitled to anticipated profit on work not performed because 'of such termination. Public Defender shall use its best efforts to minimize -the, compensation payable under this Agreement in the event of such termination. 4of15 Page 329 of 388 Back to Agenda 2. Default. If the Agreement is terminated for default, the Public Defender shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due. to the Public Defender. The Public Defender shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the Public Defender's' reasonable expenses, and shall be subject to verification. The Public. Defender shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Public Defender in person, termination shall be effective immediately upon the Public Defender's receipt of the City's written notice or such date as :stated in the City's notice 'of termination,' whichever is later. Notice of suspension shall be given to the Public Defender .in writing upon one week's advance notice to Public Defender. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Public Defender at the address ,set forth in Section .15 herein. s F. If, within sixty' (60) days of commencing the services contemplated in this Agreement, the City_ is not satisfied with the work performance of the person assigned by the Public Defender to perform services, the City may terminate this Agreement by providing thirty (30) days' written notice to the Public Defender. Section 9. Standard of Care. Public Defender represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by Public Defender under this agreement will be performed in a mamler consistent with that degree of care and skill. ordinarily exercised by members of the same profession currently practicing in similar circumstances. Section 10. Ownership of Work Product. All data, materials, reports, memoranda and other documents developed under this Agreement, whether finished or not, shall become the property of the City and shall be forwarded to the. City at its request and may be used by the City as it sees fit. Upori termination of this Agreement pursuant to Section 8 above, all finished or unfinished documents, reports or other material or work of Public Defender prepared - pursuant to this Agreement shall be submitted to the City. The City agrees that if it uses documents prepared by Public Defender for 6 of 15 Page 330 of 388 Back to Agenda purposes other than those intended in this Agreement, that it does so at its sole risk and it agrees to hold Public Defender harmless therefore. Section 11. Performance of Agreement at the Public Defender's Risk. The Public Defender shall take all precautions necessary and shall be responsible for the safety of its employees and agents in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Public Defender's own risk, and the Public Defender shall be responsible for any loss or damage to computers, equipment, or other articles used or held by the Public Defender for use in connection with this Agreement. Section 12. Indemnification. The Public Defender shall defend, indemnify and hold the City, its officers; officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Public Defender, its employees or agents in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. IT IS FURTHER SPECIFICALLY AND EXPRESSLY, UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE PUBLIC DEFENDER'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS. INDEMNIFICATION. • THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED .THIS WAIVER. THE PUBLIC DEFENDER'S WAIVER OF IMMUNITY UNDER THE PROVISIONS OF THIS SECTION DOES NOT INCLUDE, OR EXTEND TO. ANY CLAIMS BY THE PUBLIC DEFENDER'S EMPLOYEES DIRECTLY AGAINST THE PUBLIC DEFENDER. Section 13. Insurance. The Public Defender shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Public_ Defender, its agents, representatives, or employees. A. Minimum Scope of Insurance Public Defender shall obtain insurance of the types described below: I. 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. 6 of 15 Page 331 of 388 Back to Agenda 2. Commercial General Liabilfty insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations,; independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Public Defender'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 malpractice insurance (see below). B. Minimum Amounts of insurance Public Defender 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. 4. Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease Policy Limit $1,000,000. C. Other insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions - for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Public Defender's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Public Defender's insurance and shall not contribute with it. 2. The. Public Defender's insurance shall -be endorsed to state' that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Public Defender. The Public Defenders insurance shall be endorsed acknowledging that the City will not waive their right to subrogation., The Public Defender's 7 of 15 Page 332 of 388 Back to Agenda 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 any 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 to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Verification of Coverage Public Defender shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Public Defender before commencement of the work. Section 14. Assigning or Subcontracting. Public Defender shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. Section 15. Notice. Any notices required to be given by the City to Public Defender or by Public Defender to the City shall be in writing and delivered to the parties at the following addresses: Brandy Rinearson, City Clerk City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Phone: 360-876-4407 Pax: 360-895-9029 LaCross & Murphy, PLLC. Attn: Jacob Murphy 559 Bay Street Port Orchard, WA 98366 Phone: 360-895-1555 Section 16. Resolution of Disputes and Governing Law. A. If any dispute arises between the City and the Public Defender under any of the provisions of this Agreement, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. 8 of 15 Page 333 of 388 Back to Agenda B. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. Section 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more, instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Public Defender. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. E. Conflict of Interest. Public Defender warrants and covenants that Public Defender presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local or federal law or any rule of professional conduct. In the event that any conflict of interest should nevertheless hereinafter arise, Public Defender shall promptly notify the City of the existence of such conflict of interest. F. Time is of the Essence. Public Defender agrees to diligently `prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. Page 334 of 388 Back to Agenda G. Confidentiality. Public Defender agrees to maintain in confidence and not disclose to any person, association, or business, without prior written consent of the City, any secret, confidential information, knowledge or data relating to the products, process or operation of the City and/or any of its departments and divisions. Public Defender further agrees to maintain in confidence and not disclose to any person, association, or business any data, information or material developed or obtained by Public Defender during the term of this Agreement. The covenants contained in this paragraph shall survive the termination of this Agreement for whatever cause. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON By Robert Putaa suu. Mayor Date: 0-)-T. ) ATTE3yvn TIC By: ncarson. MMC, City Clerk APPROVED AS TO FORM: .. Charlotte Ascher:,xe AL • - •Se' -A h LaCross & Murphy, PLLC By: I,1Ci] Murphy, Managing Member I zr. pPe'e-%,;el. _/ / zGz� Page 335 of 388 Back to Agenda EXHIBIT -A SCOPE OF WORK AND M W4UM QUALIFICATIONS 1. Each attorney who is proposed to perform services pursuant to this RFP must be a member in good standing with the Washington State Bar Association. No Rule 9 attorneys will be allowed to perform any services under this agreement. 2. The Public Defender appointed pursuant to this RFP must have a minimum of 3 years of criminal law experience. The Public Defender may retain the assistance of other qualified attorneys in his or her firm. At all times, the designated Public Defender will properly supervise attorneys having less than 3 years of experience to ensure that defendants charged in the Port Orchard Municipal Court receive competent legal representation. 3. The Public Defender and any attorneys working under the supervision of the Public Defender shall comply with qualifications and training requirements in Section 9.09.070 of the City Municipal Code, including but not limited to, completion of at least seven (7) hours of training approved by the Washington State Office of Public Defense each calendar year. The firm awarded the contract shall be designated Public Defender for the City's Municipal Court, and shall be duly appointed to represent all defendants who are appointed legal counsel by the Port Orchard Municipal Court. The Public Defender will designate Daniel Peet (WSBA 43787) to be the primary attorney assigned to perform these services. Should the designated attorney be unavailable or exceed caseload limitations, the following attorneys will assist the designated primary attorney; David LaCross (WSBA 31417). and Jacob Murphy (WSBA 29818). Should the firm hire additional legal counsel, said counsel shall not be authorized to appear on behalf of the Public Defender absent prior written consent of the City. Representation as the City's Public Defender shall include but not be limited to: 1. Attending all scheduled court appearances. In the event of vacation or illness Public Defender is responsible. for arranging coverage by another qualified attorney. 2. Acting as stand-by counsel available in court -or .by videoconference hearing to all defendants at arraignments and in -custody bail hearings; 3. Representation of appointed cases at pre-trial hearings, trials, sentencing, and post - disposition proceedings; and Page 336 of 388 Back to Agenda 4. Representation of criminal defendants on appeals to Superior Court when appropriate. 5. The Public Defender shall consult with defendants prior to pretrial hearings. Appointment as the City's Public Defender will require meetings with defendants at the Public Defender's office or at the Kitsap County Jail. Failure to consult with defendants prior to pretrial shall only be excused for good cause. Examples of "good cause" include: scheduled vacation, illness, extended trials, or when the defendant fails to cooperate with the Public Defender in scheduling a time to consult. 6. Pursuant to CrRLJ 3.1(c)(l)-(2), Public Defender services shall also include providing legal representation to persons wishing to consult with an attorney while in the custody of the Port Orchard Police Department. The City's Public Defender shall ensure that an attorney is available at all times (24 hours a day) to provide legal representation, including evenings, holidays, and weekends. The City's Public Defender shall provide the Port Orchard Police Department with a monthly schedule of attorneys available to receive calls during non -business hours. This schedule shall include the name of the attorney and a designated telephone or cellular phone number. Only attorneys who meet the experience requirements set forth above, and are either a member of the Public Defender's firm or have received prior written approval by the City may be included in the above -described schedule. 7. When a defendant exercises his. or her right to trial, the City's Public Defender shall diligently prepare for trial and ensure that the defendant receives adequate representation. Preparation for trial shall include but not be limited to: interviewing witnesses identified by the City Prosecutor, interviewing witnesses identified by the defendant, review . of police reports and evidence, research legal issues, preparing a witness list on behalf of the defendant, and consultation with the defendant. 8. Absent an agreement -being entered by the City with another lawyer or law firm, the Public Defender shall remain as the attorney of record on all cases to which the Public Defender has been appointed until the court's jurisdiction is terminated' by the Court, unless withdrawal is permitted by the Court as may be required by the Rules of Professional Conduct. 9. If a defendant represented by the City's Public Defender elects to appeal .a conviction to Superior Court, the Public Defender is responsible for timely filing a Notice of Appeal to Superior Court. 10. Services do not extend to forfeiture hearings or hearings with the Department of Licensing. Page 337 of 388 Back to Agenda 11. The City and/or Port Orchard Municipal Court will provide a space for the Public Defender's assigned attorney to consult with clients 12. The Public Defender will cooperate with the City in any efforts to seek grant funding; and will agree that the scope of services may be renegotiated if necessary to fulfill conditions of grant funding. The Public Defender shall comply with caseload and private practice limits specified in Section 9.09.040 of the City Municipal Code. The Public Defender shall not exceed four hundred (400) cases in any calendar period. A case is defined as the filing of a document with the Court naming a person as a defendant or respondent, to which an attorney is appointed in order to provide representation. The Public Defender shall not perform services under any other similar contract which, taken in conjunction with the services to be performed under the contract, would exceed the case count in any calendar year. If the Public Defender is carrying a caseload consisting of cases performed under contract with the City, as well as other criminal cases from other jurisdictions, including a mixed caseload of felonies and misdemeanors, - these standards shall be adjusted proportionally to determine a full caseload. If the contract or assigned counsel also maintains a private law practice, the caseload shall be based upon the percentage of time that the lawyer devotes to public defense with the City. The Public Defender shall provide monthly reports to the Court Administrator. The report shall identify the number and type of cases assigned, attomey hours, case disposition, the case count year-to-date, and cases which the Public Defender has been assigned a higher case count. The Public Defender case tracking and reporting system shall be maintained independently from client files so as to disclose no privileged information. Page 338 of 388 Back to Agenda EXHIBITB PUBLIC DEFENDER CERTIFICATION FORM' STATE OF WASHINGTON [NAME], [WS]3A#] FOR THE: 1 ST,2N°, 3R0, 4TH] CALENDAR QUARTER OF [YEAR] The undersigned attorney hereby certifies: Administrative Filing CERTIFICATION OF APPOINTED COUNSEL OF COMPLIANCE WITH STANDARDS REQUIRED BY CRRLJ 3.1 1. Approximately •% of my total practice time is devoted to indigent defense cases. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and that : a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigative services as appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. e. Case Specific Qualifications: I am familiar with the specific case qualifications in Standard 14.2, Sections B-K and will not accept appointment in a case as lead counsel unless I meet the qualifications for that case. Signature, WSBA# Date I Washington State Supreme Court Standards for Indigent Defense (CrRLJ 3.1 Standards) Separate Certification Form Page 339 of 388 Back to Agenda EXHIBIT C- COMPENSATION 1. Compensation shall be paid to Public Defender at a flat rate of $11,255 per month for all services performed by Public Defender in 2021 and $1,1-,650 for 2022. 2. The City will reimburse the Public Defender for the following costs when prior written approval has been given by the Port Orchard Municipal Court Judge for the expenditure of public funds: costs for hiring an investigator, filing fees for Appeals, and costs for verbatim transcripts. All administrative costs, including but not limited to: copies, travel time, mileage, 'facsimiles, legal research, equipment, etc. shall be born by the Public Defender. Any costs not otherwise detailed in this agreement shall be considered administrative costs unless the parties otherwise agree in writing. 3. The Public Defender shall be paid a flat $1,000 for RALJ appeals filed in Superior Court. 4. In the event that the Port Orchard Municipal Court adds additional calendars (i.e. pretrial hearings, in -custody arraignments, probation violations, video arraignments, compliance hearings, status hearings) such that it results in an overall 25% increase above the current average of 20 hours per week that the Public Defender spends in court for aforementioned calendars then either party can, in good faith, request that this contract be renegotiated. 5. Annual compensation shall automatically be adjusted based upon the Consumer Price Index -All Urban Consumers Seattle -Tacoma -Bremerton Area as published by the United States Department of Labor's Bureau of Labor -Statistics (or the successor to such index or if no successor then in any generally accepted index showing the inflation rate, if any, for the United States as a whole)(1982-84 equals 100) for the last month that statistics are published prior to the effective date of the contract. However, the annual adjustment shall not exceed 5% or be less than 2% unless otherwise specifically negotiated between the parties. Page 340 of 388 Back to Agenda MUNICIPAiL COURT OF WASHINGTON FORTHE CITY OF PORT ORCHARD, STATE OF WASHINGTON CERTIFICATION BY: MURPHY, JACOB P, #29818 FOR THE: FOURTH CALENDAR QUARTER OF 2026 The undersigned attomey hereby certifies: Administrative Filing Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/CrRL1 3.1/JuCR 9.2 1. Approximately—q—�:—% of my total practice time is devoted to indigent defense cases. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attomeys appointed to represent indigent persons and that; a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigative services as appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. [Effective October 1, 2013 for felony and juvenile offender caseloads; effective January 1, 2015 for misdemeanor caseloads: I should not accept a greater numberof cases (or a proportional mix of different case types) than specified in Standard 3.4, prorated if the amount of time spent for Indigent defense is less than full time, and taking into accountthe case counting and weighting system applicable in. my jurisdiction.] e. Qase Specific Qualifications: I am familiar with the specific qualifications in Standard 14.2 Sections B-K and will not accept appointment in a case as lead counsel unless I meet the qualifications forthat case. [Effective 1, 2013) Siffhature, WSBA #29818 Date Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/CrRLJ 3.1/JuCR.9.2 (Rev. 10-1-2013) Page 341 of 388 Back to Agenda MUNICIPAL COURT OF WASHINGTON FOR THE CITY OF PORT ORCHARD, STATE OF WASHINGTON CERTIFICATION BY: DAVID LACROSS, #31417 FOR THE: FOURTH CALENDAR QUARTER OF 2020 The undersigned attorney hereby certifies: Administrative Filing Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/CrRLJ 3.1/JuCR 9.2 1. Approximately l 6 % of my total practice time is devoted to indigent defense cases. 2. lam familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and that: a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigative services as appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. [Effective October 1, 2013 for felony and juvenile offender caseloads; effective January 1, 2015 for misdemeanor caseloads: I should not accept a greater number of cases (or a proportional mix of different case types) than specified in Standard 3.4, prorated if the amount of time spent for indigent defense is less than full time, and taking into account the case counting and weighting system applicable in my jurisdiction.] e. Case Specific Qualifications: I am familiar with the specific qualifications in Standard 14.2 Sections B-K and will not accept appointment in a case as lead counsel unless I meet the qualifications for that case. (Effective 1, 2013) Signature, WSBA #31417 Date Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/CrRU 3.1/)uCR.9.2 (Rev. 10.1-2013) Page 342 of 388 Back to Agenda MUNICIPAL, COURT OF WASHINGTON FORTHECITYOFPORTORCHARD,- Administrative Filing STATE OF WASHINGTON CERTIFICATION BY: - PEET, DANIEL RYAN, #43787 FOR THE: FOURTH CALENDARQUARTER OF 2020 The undersigned attomey hereby certifies; Certification of App ointed'Counsel of Compliance with Standards Required by CrR 3.1/C[RLJ 3.1/JuCR 9.2 i. Approximately% of my total practice time is devoted to indigent defense cases. 2. lam familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and that: a. Basic Qualifcations: I meet the minimum basic professional qualifications In Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings With clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigative services as appropriate, incompliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my uses. [Effective October 1, 2013 for felony and -Juvenile offender caseloads; effective January 1,'2015 for misdemeanorcaseloads. I should not accept a greater number of cases (or a proportional riiix of different case types) than specified in Standard 3A, prorated if the amount of time spent for Indigent defense is less. than full time, and taking into accountthe case counting and weighting system applicable In rhy jurisdiction.] e. Case Specific Qualifications: I am familiar with the specific qualifications in Standard 14.2 Sections B-K and will not accept appointment in a case as lead c sel unless I meet the qualifications for that case. [Effective 1, 2013] Signature, WSBA #43787 Date Certiflcatlon ofAppolrtedCounsel of Compliance with Standards Required by CrR 3.1/CrRU 3.1/JuCR.9.2 (Rev. 10-12013) Page 343 of 388 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 7.1 Subject: Approval of a Lease Agreement with the Back to Agenda Meeting Date: September 14, 2021 Prepared by: Brandy Rinearson, MMC Special Olympics Washington, South Kitsap Flag Football Program for Use of a Portion Atty Routing No of Van Zee Park Atty Review Date City Clerk 366922.0005 — Clerk 09.09.2021 Summary: The Special Olympics Washington, South Kitsap Flag Football Program, is requesting temporary use of a portion of Van Zee Park to practice for their Regionals. This organization has utilized the park for this event in the past. The proposed use of the field and lights will start September 21 and end on November 18, 2021, from 5:30PM to 7:30PM every Tuesday and Thursday. The lights are on an automated system and will be set by Public Works. They will have it set to turn the lights on 30 minutes before the start of the use of the field and the lights will turn off 30 minutes after the expected end time of the field. In 2019, the City leased the field for a rate of $50. Staff was able to pull the usage from 2019 and determined that $71 was the actual cost for the organization to use the lights. The lease was updated to include that the organization must adhere to all COVID-19 Guidelines outlined by federal, state and local officials. Recommendation: City staff recommends approval of lease with the lease amount to be $75.00. Motion for consideration: "I move to authorize the Mayor to execute a lease with the Special Olympics Washington, South Kitsap Flag Football Program, for temporary use of the Van Zee Park, including the lights, as presented." Alternatives: N/A Fiscal Impact: A revenue of $75 Attachments: Lease agreement, map, and COVID-19 RTA Guide Page 344 of 388 Back to Agenda REAL PROPERTY LEASE AGREEMENT No. LESSOR: CITY OF PORT ORCHARD, a municipal corporation LESSEE: Special Olympics Washington, South Kitsap Flag Football Program, a non-profit corporation in the State of Washington ASSESSOR'S TAX PARCEL ID#: Portion of tax parcel #352401-3-026-2000; 300 Tremont Street, Port Orchard, WA This Lease is made and entered into by and between the CITY OF PORT ORCHARD, a municipal corporation organized and existing under the laws of the State of Washington, herein referred to as Lessor or the City, and Special Olympics Washington, South Kitsap Flag Football Program, herein referred to as Lessee. Section 1 - PREMISES For and in consideration of the mutual covenants hereinafter contained, Lessor does hereby agree to a non-exclusive lease, let and demise unto the Lessee of a portion of the park described below "as is" between the hours of 5:30 p.m. and 7:30 p.m., on Tuesdays and Thursdays: Van Zee Park: A portion of Van Zee Park measuring approximately 150 feet by 240 feet as delineated on the attached Exhibit "A". Section 2 - TERM This lease shall commence on September 21, 2021, at 5:30 p.m. and end on November 18, 2021, at 7:30 p.m., unless extended pursuant to Section 3, or earlier terminated pursuant to Section 8. Section 3 - RENT The rent shall be seventy-five dollars ($75.00) for the term of the lease payable in full without deduction or offset, to the Treasurer of the City of Port Orchard on or before October 15, 2021. Section 4 — LEASE EXTENSION This lease may be extended upon written request of either party and written execution of an extension by both parties, prior to the end date. Section 5 - CONDITIONS OF USE A. It is understood and agreed between the parties that the Lessee shall not utilize the premises other than for organizing and administering youth athletic programs. B. The Lessee shall comply with all regulations and guidance disseminated by all federal, state and local officials pertaining to the COVID-19 pandemic that are in effect on the Page 345 of 388 Back to Agenda date of the event, including the preparation and implementation of a COVID-19 Safety Plan, face covering and social distancing requirements, and associated public health and safety infrastructure. C. The Lessee is prohibited to make any improvements to the PREMISES and the areas immediately adjacent to the PREMISES. D. Lessee shall maintain a clean and operational portable restroom available for use during practice hours. E. Lessee shall not sublease or rent any portion of the above -described real property without the prior written consent of Lessor, and consent to a sub -lease or rental agreement shall not be deemed to be consent to any subsequent sub -lease or rental agreement. F. Lessee agrees to maintain the above -described real property during the term of this lease and shall be responsible for the maintenance and upkeep of said area at all times, including but not limited to turf and shall be responsible for maintaining said area in an orderly state and sanitary condition. Section 6 - INDEMNIFICATION; INSURANCE. A. Lessor, its officers, elected officials, employees and agents, shall not be liable for any loss, damage or injury of any kind or character to any person or property arising from any use of the leased premises or any part thereof, or caused by and/or arising from any act or omission of Lessee or any of its agents, employees, licensees or invitees or by or from any accident on the leased premises or any fire or other casualty thereon or occasioned by the failure of Lessee to maintain said premises or to cause the same to be maintained in a safe condition or by a nuisance made or suffered thereon, or arising from any other cause whatsoever; and Lessee, as a material part of the consideration of this lease, hereby waives on its behalf all claims and demands against Lessor and hereby indemnifies and agrees to defend and hold Lessor, its officers, elected officials, employees and agents, entirely free and harmless from all liability for damages and costs of other persons for any such loss, damage or injury, together with all costs, reasonable attorney's fees and expenses arising therefrom. B. Lessee shall procure and maintain during the lease term a commercial general liability policy against claims for injuries to persons or damage to property that may arise from or in connection with Lessee's use of the leased premises. Said policy shall have insurance limits no less than $1,000,000 each occurrence and $2,000,000 general aggregate. Said policy shall be endorsed to name the Lessor as an additional insured and to state that coverage shall not be cancelled unless Lessor has received thirty (30) days written notice by certified mail, return receipt requested. Section 7 - ASSIGNMENT Lessee shall not assign or transfer this lease or any interest therein without the prior written consent of Lessor, and such consent to an assignment shall not be deemed to be consent to Page 346 of 388 Back to Agenda any subsequent assignment. Any such assignments without such consent shall be void, and shall at the option of Lessor, terminate with this lease. Section 8 - DEFAULT In the event the Lessee shall fail to keep and perform any of the covenants and agreements herein contained, including compliance with then -applicable COVID-19 public health directives or the maintenance of a proper insurance policy as described above, Lessor may terminate this lease by giving written notice to Lessee. Provided, however, that with the exception of Lessee's failure to maintain a proper insurance policy as described above, Lessee shall be given a minimum of five (5) days upon receiving written notice to cure any default prior to lease termination. Lessee's failure to maintain a proper insurance policy as described above is not subject to Lessee's right to cure and shall be grounds for immediate termination of the lease by Lessor. In the event of any such lease termination, Lessor, in addition to the other rights and remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the premises. Section 9 - WAIVER Lessor's waiver of one or more covenants or conditions shall not be construed as a waiver of a subsequent breach of the same or other covenants or conditions. Section 10 - PARTIES BOUND The covenants and conditions herein contained shall, subject to the provisions as to assignment and transfer, apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto. Section 11 - LESSOR'S RESERVATION Lessor reserves the right, without liability to Lessee, to inspect the premises at reasonable times, upon reasonable notice, and without unreasonable interference to Lessee's activities on the premises. Section 12 - ENTIRE AGREEMENT This lease sets forth the entire agreement between the parties and it shall not be modified in any manner except by an instrument in writing executed by the parties. Section 13 - JURISDICTION, VENUE AND ATTORNEY FEES Any action for claims arising out of or relating to this lease shall be governed by the laws of the State of Washington. Venue shall be in Kitsap County Superior Court. In any suit or action instituted to enforce any right or obligation granted in this lease, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. [SIGNATURE PAGE FOLLOWS] Page 347 of 388 Back to Agenda IN WITNESS WHEREOF, the parties hereto have signed and sealed this lease the 10, day of September 2021. LESSOR: City of Port Orchard By: It's: Mayor ATTEST/AUTHENTICATED: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Charlette Archer, City Attorney LESSEE: Special Olympics Washington, South Kitsap Flag Football Program Signature: Title: Page 348 of 388 Back to Agenda Sperin/ Clumpirs Washington Page 350 of 388 Back to Agenda Page 351 of 388 Back to Agenda Page 352 of 388 Special Olympics Washington Return to Activities Protocol Revised June 2021 If in -person activities are permitted in your local area, follow below guidance (color chart) to determine protocols needed, in addition to local regulations. a *KEY DEFINITIONS: 5pec►a► O►ympirs H Back to Agenda 1` • Fully Vaccinated: Two (2) weeks after completing all doses of a COVID-19 vaccine. • Participants: Athletes, Unified partners, coaches, officials, volunteers, Special Olympics Washington staff, and families/caregivers if they will not exclusively be in spectator only spaces. • Community: The community is the county/district. • PCR/NAAT: PCR or NAAT, is a type of viral diagnostic test forCOVID-19. • Rolling 14-day average/100,000: Washington is a 14-day moving average, takes the case rates per 100,000 people for the last 14 days, adds them up, and dividesit by 14. Page 353 of 388 Back to Agenda Page 354 of 388 Back to Agenda Page 355 of 388 Back to Agenda Page 356 of 388 Back to Agenda 2. 3. 4. 5. Page 357 of 388 Back to Agenda Page 358 of 388 Back to Agenda Page 359 of 388 Back to Agenda Page 360 of 388 Back to Agenda Page 361 of 388 Back to Agenda Page 362 of 388 Back to Agenda Page 363 of 388 Back to Agenda Page 364 of 388 Back to Agenda Page 365 of 388 Back to Agenda Page 366 of 388 Back to Agenda Page 367 of 388 Back to Agenda Page 368 of 388 Back to Agenda Page 369 of 388 Back to Agenda Page 370 of 388 Back to Agenda Page 371 of 388 Back to Agenda Page 372 of 388 Back to Agenda ■ iel■ w-4 Page 373 of 388 to participate in sports, competition and/or other Special Olympics activities at my own risk. During the time these precautions are needed, I agree to the following to help keep me and my fellow participants safe: ❑ If I have COVID-19 symptoms, I will stay at home and NOT go to any activities until 7 days after all of my symptoms are over. If I am exposed to COVID-19 and have no symptoms, I must self - quarantine if required by local regulations Special Olympics gave me education on Special Olympics rules for COVID-19 and who is at high - risk. 1 know that if I have a high -risk condition, I have more risk that I could get sick or die from COVID- 19. If I have a high -risk condition and am not fully vaccinated, I should not go to Special Olympics events in person, until there is little or no Coronavirus in my community. I know that before or when I get to a Special Olympics activity, they may ask me some questions about symptoms and exposure to COVID-19. They may also take my temperature. I will answer truthfully and participate fully. 1 will keep at least 6 ft/2m from all participants at all times, when asked I will wear a mask at all times while at Special Olympics activities when asked. I may not have to wear it during active exercise. :1 1 will wash my hands for 20 seconds or use hand sanitizer before any activities. I will wash my hands any time I sneeze, cough, go to the bathroom or get my hands dirty. I will avoid touching my face. I will cover my mouth when I cough or sneeze and immediately wash my hands after. I will not share drinking bottles or towels with other people. 1 will only share equipment when instructed to. If equipment must be shared, I will only touch the equipment if it is disinfected first. If I get or have had COVID, I will not go to any in -person Special Olympics events until 7 days after my symptoms end. I will go to my doctor and get written clearance before returning to any sport or fitness activities. ❑ I understand that if I do not follow all of these rules, I may not be allowed to participate in Special Olympics activities during this time. Updated June 2021 Page 374 of 388 I HAVE READ ALL OF THIS AGREEMENT OR HAVE HAD IT READ TO ME AND AGREE TO FOLLOW THESE ACTIONS. PARTICIPANT FULL NAME: Phone: Circle one: Athlete Unified Partner Email: Coach/Volunteer Family/Caregiver Staff PARTICIPANT SIGNATURE (required for adult (age 18+) participants, including adult athlete with capacity to sign documents) By signing this, I acknowledge that I have completely read and fully understand the information in this form. Signature: Date: PARENT/GUARDIAN SIGNATURE (required for participant who is a minor (younger than age 18) or lacks capacity to sign documents) I am a parent or guardian of the athlete/participant named above. I have read and understand this form and have explained the contents to the participant as appropriate. By signing, I agree to this form on my own behalf and on behalf of the participant. Parent/Guardian Signature: Printed Name: Relationship: Date: Updated June 2021 Page 375 of 388 Subject to Change - Version: 6-28-2021 Who is at higher risk of COVID-19? COVID-19 is a relatively new disease and information is changing on who is more likely to get COVID-19 and who is will have more complications. Current clinical guidance and information from the U.S. Centers for Disease Control and Prevention (CDC) and World Health Organization (WHO) lists those at high -risk for severe illness from COVID-19 as: • Unvaccinated people 60 years and older. Risk increases with age. • Unvaccinated people with disabilities (resulting from long-standing systemic health and social inequities) Regardless of age, individuals who are unvaccinated and have underlying conditions, such as the following, are or maybe at increased risk of severe illness from COVID-19: • People with chronic lung disease, chronic obstructive pulmonary disease or moderate to severe asthma, interstitial lung disease, cystic fibrosis, and pulmonary hypertension • People who have serious heart conditions (including heart failure, coronary artery disease, congenital heart disease, cardiomyopathy, hypertension) • People who have HIV and/or are immunocompromised • People with obesity or who are overweight (body mass index [BMI] of 25 or higher). To calculate BMI, refer to: o https://www.cdc.gov/healthvweight/assessing/bmi/adult bmi/english bmi calculator/bmi calculator.html • People with cancer • People with diabetes (Type 1 and 2) • People with chronic kidney disease • People with liver disease • People with dementia • People with down syndrome • People who are pregnant • People who are smokers, current or former • People with a substance abuse disorder • People with sickle cell disease or thalassemia • People who have had a stroke or cerebrovascular disease The list may change as evidence is learned. Please review the latest list of conditions that put individuals at increased risk available at the CDC website (https://bit.ly/2VEJcSK) If you are at a high risk and unvaccinated, you may be putting yourself at risk when you return to activities with Special Olympics. But, you may also put your family and your teammates at risk. If you have these conditions, it is strongly recommended that you should not return to Special Olympics in person activities until you are vaccinated or the community transmission in your community is low. If you have been diagnosed with COVID-19, you should consult with a healthcare professional for written medical clearance before returning to Special Olympics in person activities as serious cardiac, respiratory, and neurological issues may develop as a result of COVID-19. Updated June 2021 Page 376 of 388 Back to Agenda WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATIL.. FOR COMMUNICABLE DISEASES ("Agreement") for SPECIAL OLYMPICS In consideration of being allowed to participate in any way in Special Olympics sports training, competition or Fundraising activities, the undersigned acknowledges, appreciates, and agrees that: 1. Participation includes possible exposure to and illness from infectious and/or communicable diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, 2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and, 3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and, 4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Special Olympics, Inc, Special Olympics Washington their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event ("RELEASEES"), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. Name of Participant: Participant Signature: Date signed: FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION) This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities For adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child's/ward's presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law. Name of parent/guardian: Parent guardian/signature: Date signed: Page 377 of 388 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of August 10, 2021 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: Mayor Pro-Tem Ashby Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Lucarelli Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Absent Present via Remote Access Present via Remote Access Present via Remote Access Staff present via remote access: Public Works Director Dorsey, Utility Manager. Brown, HR Manager Lund, Finance Director Crocker, Community Development Director Bond, Police Chief M. Brown, City Attorney Robertson, City Clerk Rinearson, and Deputy City Clerk Floyd. The meeting is also streaming live on YouTube. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to approve the agenda as presented. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. 4. CONSENT AGENDA A. Approval of Voucher Nos. 82482 through 82510 and 82515 through 82577 including bank drafts in the amount of $722,891.16 and EFT's in the amount of $98,926.84 totaling $821,818.000 Page 378 of 388 Back to Agenda Minutes of August 10, 2021 Paee 2 of 6 B. Approval of Payroll Check Nos. 82511 through 82514 including bank drafts and EFT's in the amount of $153,255.95 and Direct Deposits in the amount of $193,164.22 totaling $346,420.17. C. Adoption of a Resolution Approving an Agreement in Lieu of Assessment with Charles Bair for a Water Connection (Resolution No. 058-21) D. Adoption of a Resolution Approving an Agreement in Lieu of Assessment with Kitsap Development & Investment for a Water Connection (Resolution No. 059-21) E. Approval of the July 27, 2021, City Council Meeting Minutes F. Excusal of Councilmember Diener Due to Personal Obligations MOTION: By Councilmember Lucarelli, seconded by Councilmember Cucciardi, to accept the consent agenda as presented. The motion carried. 5. PRESENTATION A. Crime Stats for 2020 Police Chief Brown provided a presentation which included crime reporting, classifications of crimes, Group A and B offenses, statewide crime profile, crimes against persons, property and society in Port Orchard, trends, state profile, crime rate per thousand, case clearance rate, calls for service, and takeaways. 6. PUBLIC HEARING A. Continued Hearing on Adoption of a Resolution Approving and Adopting the 2021-2030 Water Use Efficiency Goals and Performance Measures Mayor Putaansuu reminded Council and the public that this public hearing is still open, as it is a continuation from the July 27th City Council meeting. Mayor Putaansuu reminded Kiaha Long that this is the time to take public testimony on this item. Other items can be commented on during the last citizen comment portion. [At 6:55 p.m., Mayor Putaansuu closed the public hearing]. EXECUTIVE SESSION At 6:56 p.m., Mayor Putaansuu recessed the meeting for a 10-minute executive session pursuant to RCW 42.30.110(1)(i) to discuss legal risks of a proposed action that the City has identified where there are potential adverse legal and financial consequences to the City. City Attorney Robertson was invited to attend [and action will follow]. At 7:06 p.m., Mayor Putaansuu reconvened the meeting back into session. Page 379 of 388 Back to Agenda Minutes of August 10, 2021 PaRe3of6 7. BUSINESS ITEMS A. Adoption of a Resolution Approving and Adopting the 2021-2030 Water Use Efficiency Goals and Performance Measures MAIN MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to adopt Resolution No. 049-21, thereby updating the Water Use Efficiency Goals and Measures. In response to Councilmember Ashby, Utilities Manager Brown indicated the Council is only being asked to adopt the Water Use Efficiency Goal stated in the resolution. Councilmember Ashby voiced her concerns with the way the resolution is currently stated and wants to make sure the City remains in compliance. Councilmember Cucciardi spoke to the staff report and the confusion it may be causing. Council and staff briefly discussed the staff report and Resolution. AMENDED MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli to move the adoption of this resolution to the next Council meeting in September [September 14tn] The amended motion carried. B. Adoption of a Resolution Ratifying the Mayor's Execution of Contract No. 067-21, with Stellar J Corporation for the Pottery Lift Station Emergency Repair MOTION: By Councilmember Lucarelli, seconded by Councilmember Ashby, to adopt Resolution No. 056-21, ratifying the Mayor's execution of Contract No. C067-21 with the Stellar J Corporation for the Pottery Lift Station Emergency Repairs Project in an amount of $256,150.00. In response to Councilmember Cucciardi, Public Works Director Dorsey noted the acceptance of $500K from the Washington State Public Works Board's Emergency Funding Program, which was listed in the staff report and resolution, was intended to be brought before Council for approval, but has not yet been brought forward. We are still waiting on the paperwork, but we have been awarded the funding. Staff was directed to remove this language from the Resolution as a scrivener's error. The motion carried. C. Adoption of a Resolution Authorizing an Additional One -Time Personal Holiday for Employees Fully Vaccinated Against the COVID-19 Virus Page 380 of 388 Back to Agenda Minutes of August 10, 2021 Page 4 of 6 MAIN MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt a Resolution, authorizing the Mayor to implement policies and agreements to provide for a one-time additional personal holiday for employees who are fully vaccinated against COVID-19. In response to Councilmember Chang, Mayor Putaansuu said about 70% of employees are vaccinated. AMENDED MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to adopt a Resolution, authorizing the Mayor to implement policies and agreements to provide for a one-time additional personal holiday for employees who are fully vaccinated against COVID-19 once the City reaches 95%. Councilmember Cucciardi believes 95% is rather high and asked to have the motion modified to 90%. Councilmembers Rosapape and Clauson voiced their concern with the amended motion. Councilmember Ashby and Councilmember Lucarelli agreed to amend their motion to 90%. The amended motion passed. Councilmembers Clauson and Rosapepe voted no. The main motion carried. (Resolution No. 060-21) D. Adoption of a Resolution Agreeing to Extend the Expiration of the Stetson Heights Preliminary Plat by One Year MOTION: By Councilmember Rosapepe, seconded by Councilmember Chang, to adopt a resolution as presented, granting approval of a one-year extension of the expiration of the Stetson Heights Preliminary Plat. The motion carried. (Resolution No. 061-21) E. Adoption of a Resolution Accepting the Lodging Tax Advisory Committee's Recommendation for Distribution of the Remaining 2021 Funds MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson, to adopt a resolution accepting the Lodging Tax Advisory Committee's recommendation for 2021 funding allocations for Marketing and Operations of Events, as presented. Councilmember voiced her concerns with the Delta variant and high attendance at events. She supports the events but does not support them for this year. The motion passed. Councilmembers Ashby and Cucciardi voted no. (Resolution No. 062-21) Page 381 of 388 Back to Agenda Minutes of August 10, 2021 Page 5 of 6 F. Approval of a Road Closure for a Special Event-Cruisin' Sunday MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to approve the road closures for the Cruisin Sunday event taking place on August 29, 2021, conditioned upon the applicant satisfying all the Police Chief's safety concerns. Councilmember noted she has always supported this event, but she will be voting against this due to the Delta variant and too many people together in an unprotected environment. The motion passed. Councilmembers Ashby and Cucciardi voted no. G. Approval of the July 20, 2021, City Council Work Study Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Ashby, to approve the minutes as published. The motion carried. Councilmembers Cucciardi and Chang abstained. 8. DISCUSSION ITEMS (No Action to be Taken) A. Spring Cleanup Mayor Putaansuu noted this is a culmination of work that has been done throughout the past year to authorize this event. Due to current staff workloads, he is recommending that this not be held until next spring. Public Works Director said this was discussed earlier at the Utilities Committee. He provided a brief background of looking at other cities policies. The policy which will be brought before Council in September is for the same cleanup program, so it is just putting a policy into place for an event the City has conducted for many years. Additional discussion was held regarding fees, public works staff time, communicating to residents, adhering to the guidelines, and ticketing system. 9. REPORTS OF COUNCIL COMMITTEES Councilmember Cucciardi reported on the August 9tn Economic Development and Tourism Committee meeting. Councilmember Lucarelli reported on the August 10tn Utilities Committee meeting. The next meeting is scheduled for September 14tn Councilmember Rosapepe reported on the August 4tn Land Use Committee meeting. 10. REPORT OF MAYOR Page 382 of 388 Back to Agenda Minutes of August 10, 2021 PaRe6of6 The Mayor reported on the following: • In accordance with Ordinance NO. 008-20 'Delegating Authority to the Mayor for Creating and Modification of Job Descriptions, he reported on the parking enforcement, assistant planner, and permit clerk job descriptions. • Public Health Policy Board meeting updates; and • Advisory committees transitioning to webinars. 11. REPORT OF DEPARTMENT HEADS Community Development Director Bond reported on current building permits. GOOD OF THE ORDER Councilmember Rosapepe thanked the Council for the robust conversation earlier this evening, thanked staff for keeping the City's website up to date, and encouraged people to receive their vaccines. Councilmember Clauson spoke to the arrangement of the booths on Bay Street during the Saints Car Show Festival by the Bay. WmokIV" 01[41•1AlIAitA03M Shaun Williams commented to the extra day of vacation for City employees and spoke about discrimination lawsuits and data from the Centers for Disease Control and Prevention. Kiaha Long spoke to the Crime Report presentation held earlier in the meeting and said there were several crimes not mentioned like Asian hate crimes. He believes these should be addressed next time. Sharron King thanked Councilmember Clauson for his comment regarding the vendor booths. She also spoke to the money raised for the dunk tank and thanked Council for their support of the event. i��3 X�1�)<� DL���9 [•L l An executive session was held earlier in the meeting. 14. ADJOURNMENT The meeting adjourned at 8:48 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 383 of 388 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of August 17, 2021 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: Mayor Pro-Tem Ashby Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Lucarelli Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Absent Present via Remote Access Present via Remote Access Staff present via remote access: Finance Director Crocker, Police Chief Brown, Community Development Director Bond, City Attorney Archer, City Clerk Rinearson, and Deputy City Clerk Floyd. The meeting is also streaming live on YouTube. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to remove Business Item 7D. Mayor Putaansuu said we are not ready to move forward with this purchase and we are evaluating other options. The motion carried. MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the agenda as amended. The motion carried. Page 384 of 388 Back to Agenda Minutes of August 17, 2021 PaRe2of5 3. CITIZENS COMMENTS There were no citizen comments. 4. CONSENT AGENDA A. Approval of Voucher Nos. 82578 through 82614 including bank drafts in the amount of $177,023.11 and EFT's in the amount of $20,830.95 totaling $197,854.06. B. Approval of Payroll Check Nos. 0 through 0 including bank drafts and EFT's in the amount of $0 and Direct Deposits in the amount of $0 totaling $0. C. Excusal of Councilmember Lucarelli Due to Personal Obligations MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION There were no presentations. There were no public hearings. 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 13.04 Regarding Water and Sewer CFC Exceptions Finance Director Crocker noted in the sewer section, number 3, the last sentence references water, but this will be updated to reference sewer. Councilmember Clauson said this was discussed during the Finance Committee and they support the ordinance with the update. MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt an Ordinance, amending Port Orchard Municipal Code chapter 13.04 as presented and amended. Councilmember Cucciardi pointed out a scrivener's error in section 13.04.040(1)(a) which references (ii) twice. Page 385 of 388 Back to Agenda Minutes of August 17, 2021 PaRe3of5 In response to Councilmember Diener, City Attorney Archer agreed that an additional 'a' should be added to section 13.04.040(1), adding 'a partial or a full exemption'. The motion carried. (Ordinance No. 018-21) B. Adoption of a Resolution Accepting the Funding Provided by Engrossed Substitute Senate Bill 5092 to Assist with One-time Cost Related to Law Enforcement & Criminal Justice Related to Legislation Enacted Between January 2020 and June 30, 2021 MOTION: By Councilmember Clauson, seconded by Councilmember Ashby, to adopt a Resolution, thereby approving the acceptance of funding provided under ESSB 5092 Section 739 to assist with one-time costs related to implementation by law enforcement of legislation enacted between January 1, 2020, and June 30, 2021. The motion carried. (Resolution No. 063-21) C. Adoption of a Resolution Accepting the American Rescue Plan (ARPA) Coronavirus State & Local Fiscal Recovery Funds (SLFRF) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt a resolution, thereby approving the acceptance of a grant from the American Rescue Plan Coronavirus State & Local Fiscal Recovery Funds (SLFRF) in the amount of $2,821,078 to be later appropriated by the Council to pay for eligible expenses as consistent and compliant with the American Rescue Plan Act. The motion carried. (Resolution No. 064-21) 0-. AppFeval of the Purr-thasee of and Hardware as aSeleSeuree Provider 8. DISCUSSION ITEMS (No Action to be Taken) A. Department of Ecology Requested Revisions to the City's Adopted 2021 Shoreline Master Program Update Community Development Director Bond explained Council adopted its required periodic update to the Shoreline Master Program in March. Upon adoption, the City is required to transmit it to the Department of Ecology, who then reviews it and decides to approve or if additional revisions are needed. Page 386 of 388 Back to Agenda Minutes of August 17, 2021 Page 4 of 5 We received a comment matrix back with 10 comments. The first 9 comments were not difficult to implement, however, the 10th comment was something we had fought to have changed 2 % years ago concerning allowing some parking in our downtown by the waterfront. Ecology is now stating that what they approved 2 years ago was no longer allowed, but there has been no change in state law. He and staff met with the Department of Ecology and were able to work out a compromise for the downtown parking. The compromise is consistent with our downtown sub area plan where parking has been identified in the shoreline buffer, it would be allowed, but nowhere else in the City. A brief discussion was held and Council had no objections with the proposed changes. Mayor Putaansuu noted this will be brought before Council in about a month. Council Direction: No direction was given to staff. B. Ordinance Amending Port Orchard Municipal Code Chapter 13.04 Regarding Water and Sewer CFC Credit Development Director Bond said a couple months ago, we went through a similar process for sewer as we wanted to incentivize private developers to build capital facilities that are a part of our capital facility charge for our sewer system. We wanted to do the same type of system for water, but water is a little different. We already have at least one water CFC credit agreement which warranted additional language in this ordinance to call out that those agreements will still be recognized under this new water CFC credit framework. Another difference is the 1998 Purchase and Sale Agreement for the McCormick Water System included certain obligations of the City that we did not have on the sewer side. We do not want to limit ourselves to a fixed percentage of how much we can provide credit towards a project that serves a particular area. That will allow us to negotiate a more flexible agreement which takes into account the 1998 agreement. Additionally, this has been to the Utility Committee who recommended this be brought to Council for discussion tonight. This was also brought before the Finance Committee this evening who had no objections. This will be brought before Council for adoption at the first meeting in September. Council Direction: No direction was given to staff. 9. REPORTS OF COUNCIL COMMITTEES Councilmember Clauson reported on the August 171" Finance Committee meeting. A brief discussion was held regarding the Finance Committee meeting and derelict boats. 10. REPORT OF MAYOR The Mayor reported on the following: Page 387 of 388 Back to Agenda Minutes of August 17, 2021 PaRe5of5 • South Kitsap Community Event Center updates; • DNR lease assignment with Kitsap Bank; • Requests to lower the flag; • YouTube and meeting through Zoom; • Gorst Coalition; and • In accordance with Ordinance No. 008-20 'Delegating Authority to the Mayor for Creating and Modification of Job Descriptions', he reported on the Accounting Assistant III job description and opening. 11. REPORT OF DEPARTMENT HEADS Police Chief Brown thanked Council for their support and spoke to denial letters which were sent out for local events. Community Development Director Bond reported on the newest Census data and introduced the new Building Official, Angela Garcia. 12. CITIZEN COMMENTS Kiaha Long thanked Mayor Putaansuu for his response on Covid and Police Chief Brown on addressing certain issues and addressed the census data asking Council to think about the people of color in our community and racial equity. 13. EXECUTIVE SESSION There was no executive session. GOOD OF THE ORDER Councilmember Rosapepe noted we do not have another meeting in August and said he hopes everyone enjoys their time off. iS�1�J:•1�1:Z�Iuh1�y� The meeting adjourned at 7:38 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 388 of 388