City of Port Orchard Regular Council Meeting Agenda December 27, :00 p.m.

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1 Mayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby Chair: Economic Development/Tourism Staff: Development Director Finance Committee KRCC/PSRC TransPol/PRTPO KRCC TransPol Shawn Cucciardi Finance Committee Land Use Committee Fred Chang Chair: Lodging Tax Advisory Committee Staff: City Clerk Utilities & Sewer Advisory (SAC) Committee Economic Development/Tourism Clancy Donlin Economic Development/Tourism Festival of Chimes and Lights KRCC-alt/KRCC TransPol-alt John Clauson(Mayor Pro-Tempore) Chair: Finance Committee Staff: City Treasurer Land Use Committee Kitsap Public Health District-alt Cindy Lucarelli Chair: Utilities Committee Staff: Public Works Director Chair: Chimes and Lights Staff: City Clerk Sewer Advisory (SAC) Committee KEDA/KADA Scott Diener Chair: Land Use Committee Staff: Development Director Utilities & Sewer Advisory (SAC) Committee KEDA/KADA-alt PSRC Growth Management-alt Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Public Works Director City Engineer Debbie Hunt Court Administrator Allan Martin City Treasurer Geoffrey Marti Police Chief Brandy Rinearson, CMC City Clerk Contact us: 216 Prospect Street Port Orchard, WA (360) CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA City of Port Orchard Regular Council Meeting Agenda December 27, :00 p.m. 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 Amendment No. 1 to Contract No with Washington State Recreation and Conservation Office for the Bay Street Pedestrian Path-Mosquito Fleet Trail (Bond) 5. PRESENTATION 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Approval of Change Order No. 5 to Contract No with JMG Constructors, LLC for the Completion of the Regional Decant Facility Retrofit Project (Dorsey) B. Approval of a Contract with Kitsap Community Resources for Community Service Worker Program (Marti) 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 10. REPORT OF DEPARTMENT HEADS 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record) 12. EXECUTIVE SESSION: Pursuant to RCW , the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session.

2 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance TBD; 7:30am City Hall Economic Development and Tourism January 9, 2017; 9:00am City Hall Utilities TBD; 9:30am City Hall Sewer Advisory February 15, 2017; 6:30pm City Hall Land Use TBD City Hall Lodging Tax Advisory TBD City Hall Festival of Chimes & Lights January 16, 2017; 3:30pm City Hall Work Study Session January 17, 2017; 7:00pm City Hall

3 City of Port Orchard 216 Prospect Street, Port Orchard, WA (360) FAX (360) Agenda Staff Report Agenda Item No.: Consent Agenda 4A Meeting Date: December 27, 2016 Subject: Approval of Amendment No. 1 to Contract Prepared by: Nick Bond, AICP No with the Washington State Development Director Recreation and Conservation Office for the Atty Routing No.: NA Bay Street Pedestrian Path-Mosquito Fleet Atty Review Date: NA Trail Summary: The city requested an extension from the RCO concerning its contract providing grant funds for the acquisition of a portion of the Comfort Inn property. While this extension was approved by RCO, the Finance Department has requested that council formally agree to the contract amendment by motion. Recommendation: Make a motion to extend contract through June 30, Motion for consideration: I move to extend contract through June 30, Fiscal Impact: No change. Alternatives: Do not extend the contract or complete the previously initiated purchase. Attachments: Amendment No. 1 and Contract No Page 3 of 54

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39 City of Port Orchard 216 Prospect Street, Port Orchard, WA (360) FAX (360) Agenda Staff Report Agenda Item No.: Business Item 7A Meeting Date: December 27, 2016 Subject: Approval of Change Order No. 5 to Contract Prepared by: Mark R. Dorsey, P.E. No with JMG Constructors, LLC for Public Works Director the Completion of the Regional Decant Atty Routing No.: NA Facility Retrofit Project Atty Review Date: NA Summary: On December 20, 2016, the Port Orchard City Council was provided with the following information; On August 23, 2016, and given that the Change Order Authority limit(s) established pursuant to Resolution No had already been met, the Port Orchard City Council, authorized the Mayor to sign Change Order No. 2 for $36, for the Regional Decant Facility and manage the construction contract up to the Budget Authority allotted in the Storm Drainage Utility Budget for the project. Due to several grant eligible soft costs that were not tracked by the Public Works Department (permit fees, PSE design costs, water meter fees, on-call materials testing, staff time/benefits, etc.), and additional Work items authorized by the Department of Ecology and the City to resolve design gaps (including work items found within Change Order No. 5 attached), an overage of the allotted 2016 Budget Authority ($1,015,000.00) by $45, has currently occurred. Recommendation: Staff recommends that the City Council authorize the Mayor to Execute Change Order No. 5 with JMG Constructors, LLC in the amount of $35,213.95, with the required funding provided by the 2016 Storm Drainage Utility Fund. Motion for consideration: I move to authorize the Mayor to Execute Change Order No. 5 with JMG Constructors, LLC in the amount of $35,213.95, with the required funding provided by the 2016 Storm Drainage Utility Fund. Fiscal Impact: Adjustments to the 2016 Storm Drainage Utility Fund required. Alternatives: Do not authorize. Attachments: Change Orders No. 5 (City and WASDOT), Finance Dept. Summary, and WASDOT Change Order 4 Page 39 of 54

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47 City of Port Orchard 216 Prospect Street, Port Orchard, WA (360) FAX (360) Agenda Staff Report Agenda Item No.: Business Item 7B Meeting Date: December 27, 2016 Subject: Approval of a Contract with Kitsap Prepared by: Geoffrey Marti Community Resources for a Police Chief Community Service Worker Program Atty Routing No: Atty Review Date: December 19, 2016 Summary: Attached is the new contract between the City and Kitsap Community Resources (KCR) to provide supervision of defendants ordered to complete community service. Under this contract, those that are ordered by the municipal court to complete community service hours will do so under the direct supervision of KCR. This work will still be performed on city owned properties, and will include such items as landscape clean-up, graffiti removal, garbage removal, sweeping, painting, etc., as is needed by the City. The contract will start January 1, 2017 and terminate on December 31, The City shall pay KCR the sum of $3, per month for the life of this contract. Recommendation: Approve the contract with Kitsap Community Resources. There are several advantages to the City, such as dual staffing by KCR to ensure a staff member is always available to supervise and reduced liability to the City. Motion for consideration: I move to authorize the Mayor to sign the professional services agreement with Kitsap Community Resources for a Community Service Worker program in an amount not to exceed $3, per month, commencing on January 1, 2017 and terminating December 31, Fiscal Impact: Due to an increase in the minimum wage mandated by Washington State law commencing in 2017, the total costs for this program have increase accordingly. The Police Budget for 2017, and 2018, did not reflect the unanticipated increase due to legislation. Fiscal Impact is approximately $7, over the 24 month period. Alternatives: Attachments: Not approve the contract and provide staff with further direction. Contract Page 47 of 54

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49 PROFESSIONAL SERVICES AGREEMENT Port Orchard Community Service Worker Program THIS AGREEMENT is entered into between the CITY OF PORT ORCHARD, a municipal Corporation (hereinafter referred to as the City ) and KITSAP COMMUNITY RESOURCES, a nonprofit corporation (hereinafter referred to as KCR ). RECITALS Whereas, the Port Orchard Municipal Court (hereinafter referred to as the Court ) hears civil, criminal, and infraction cases arising within the city limits of the City of Port Orchard; and Whereas, for over a decade, the Court has had the discretion to offer parties convicted of criminal offenses the option of performing community service as an alternative to jail and/or the payment of fines; and Whereas, the City and the Court desire to maintain the option of community service because it provides a substantial benefit to the City through the performance of certain work and because it results in reduced jail costs; and Whereas, KCR has managed the Community Service Worker Program for the City since October 2012 and the City desires to continue this partnership; Now, Therefore, the parties hereto agree as follows: AGREEMENT 1. SCOPE: KCR agrees to manage a Community Service Worker Program ( CSW ) for the City. Defendants convicted in Port Orchard Municipal Court will be referred to CSW to provide a specified number of hours of labor for the City in lieu of jail or fines. The work to be performed by the defendants and to be supervised by KCR is described in Appendix A to this Agreement, which is incorporated herein by this reference. The Port Orchard Municipal Court will provide KCR with the defendant s agreement form, which shall include the defendant s name, case number, start date and number of community service hours to be performed by the defendant. KCR will supervise the defendant in the performance of community service work and provide reports to the Court indicating whether the defendant has fulfilled his or her community service obligation. Reporting guidelines shall include, but are not be limited to: a. KCR will submit a monthly report to the Court that summarizes the community service work performed. The report will be submitted within 5 working days following the end of the month. b. Individual status reports for individuals that include completion or non-compliance by the date required on the defendant s agreement form. c. Additionally, significant incident reports will be reported to the Court in a timely manner. Determination of significance will be the responsibility of KCR s CSW Program Coordinator. 2. TERM: Contract shall commence on January 1, 2017 and will terminate December 31, Page 49 of 54

50 3. COMPENSATION: City shall pay KCR the sum of $3, per month for the life of the contract upon receipt of the monthly invoice. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that KCR will provide supervision of the defendants. KCR is an organization experienced in matters pertaining to community service programs and will perform independent functions and responsibilities in the area of its particular field of expertise. KCR s CSW Program and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor to control employees of the City, contractors, or other entities. Within the performance of these duties, KCR s CSW Program personnel shall work under the direction of KCR s Employment and Training Division. 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, representatives or sub-consultants of KCR. 5. INDUSTRIAL INSURANCE: KCR agrees to provide for State industrial insurance coverage for its personnel as required by State Law. 6. INSURANCE AND HOLD HARMLESS: a. Prior to and during the performance of the work covered by this agreement, KCR shall provide the Risk Manager for the City of Port Orchard with evidence that it has obtained and will maintain in full force and effect during the term of this Agreement a policy of professional liability insurance providing General Liability and Professional Liability Coverage in connection with the work to be performed by KCR/CSW Program under this Agreement of at least $1,000, per claim and $2,000,000 annual aggregate limit and a policy of automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. The City of Port Orchard shall be listed by endorsement as an additional insured on the general liability, auto liability, and professional liability coverage. All coverage for KCR/CSW program shall be primary over any and all coverages that the City of Port Orchard has or may have in place. The City of Port Orchard does not waive its right of recovery or subrogation against the KCR/CSW program. The commercial general liability and professional liability coverage shall be written on an occurrence form. All carriers shall have a minimum A.M Best rating of A-VII. The Risk Manager shall be provided sixty (60) days written notice of any cancellations of said insurance. b. KCR agrees to defend, indemnify and hold harmless the City, its officers, officials, employees, and volunteers from and against any and all claims, injuries, liability, loss, costs, damages, expenses, or suits, including costs and attorney fees in defense thereof, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW , then, in the event of liability for damages arising out of bodily injuries or damages to property caused by or resulting from the concurrent negligence of KCR and the City, its officers, officials, employees, and volunteers, KCR s liability hereunder shall be only to the extent of KCR s negligence. Page 50 of 54

51 d. It is further specifically and expressly understood that the indemnification provided herein constitutes KCR s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. KCR s waiver of immunity under the provisions of this section does not include, or extend to, any claims by KCR s employees directly against KCR. The provisions of this section shall survive the expiration or termination of this Agreement. 7. STANDARD OF CARE: KCR represents and warrants that it has the requisite training, skills, 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 KCR under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 8. GENERAL CONDITIONS: a. Reports and Information KCR, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to the Agreement, the cost and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. KCR will maintain all cost and accounting records in accordance with generally accepted accounting principles, and these records shall be available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third party agreement. b. Vacation KCR reserves the right to close CSW for two separate weeks throughout the year to allow the coordinator to take vacation. KCR will notify the City at least 30 days prior to this closure. c. Reporting Location Court ordered community service workers (defendants) will report to KCR s CSW Program at KCR s South Kitsap facility at 3200 SE Rainshadow Court, located near Jackson and Lund, or other such location in Port Orchard as KCR shall designate after first providing written notice to and approval from the City. d. Equipment The City shall provide basic tools and supplies to complete tasks listed on Appendix A such as shovels, rakes, brooms, garbage bags, paint, etc. Power tools and specialty equipment for special projects will be provided upon arrangement with the City. e. Vehicles The City will provide a passenger van, vehicles for abatement clearing, maintenance on said vehicles, including all regularly scheduled preventative maintenance and/or corrective maintenance required during normal operation. The City agrees to pay vehicle registration fees and fuel required to operate said vehicles. KCR will ensure that the City-provided vehicle is properly insured in case of collision, vandalism, damage, etc. KCR will also ensure that only staff that is properly and legally licensed will operate the City vehicle, including obtaining a MVR on all drivers prior to allowing KCR staff to operate a City-owned vehicle. f. Non-Waiver of Breach The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants or agreements, and the same shall be in full force and Page 51 of 54

52 effect. Amendments The parties herby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. g. Notices Any notices required to be given by the City to KCR or by KCR to the City shall be in writing and delivered to the parties at the following addresses: Geoffrey Marti Trish Tierney Chief of Police Kitsap Community Resources 546 Bay Street 3200 SE Rainshadow Court Port Orchard, WA Port Orchard, WA h. Compliance with Laws KCR agrees to comply with all applicable local, state and federal laws in performance of all service under this Agreement. i. Applicable Law and Venue This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. j. 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. k. Entire Agreement This Agreement and the Appendix attached hereto constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. The written provisions of this Agreement, together with the Appendix 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 above-referenced 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 the Appendix to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 9. NONDISCRIMINATION: KCR shall not discriminate in employment or services to the public on the basis of race, creed, color, national origin, sex, religion, age, marital status, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except based on a bona fide occupational qualification. Violation of this provision 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. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon sixty (60) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, the defendants shall immediately stop working and will no longer be supervised by KCR. Page 52 of 54

53 IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. KITSAP COMMUNITY RESOURCES Date: BY: Larry Eyer, Executive Director CITY OF PORT ORCHARD Date: BY: Robert Putaansuu, Mayor Attest: Brandy Rinearson, City Clerk Approved as to form: Sharon Cates, City Attorney Page 53 of 54

54 Appendix A: Duties to be completed by KCR s CSW program as part of the Port Orchard Community Service Worker Program contract: 1. Empty all City-owned garbage cans at City facilities, parks, downtown public areas, and waterfront. 2. Litter pick-up at City facilities and streets. 3. Brush pick-up when needed (City will provide staff for hauling). 4. Sidewalk sweeping on City sidewalks. 5. Snow shoveling on City sidewalks when needed. 6. Put up holiday lights on City hall campus. 7. Water trees, plants and hanging flower baskets on Bay Street downtown (seasonal). 8. Fill sandbags when needed. 9. Wash City vehicles when requested. 10. Remove graffiti when requested by re-painting or actual removal. 11. Assist City building custodian with projects such as power washing, window washing, painting, etc. as requested by the Public Works department. Page 54 of 54