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10/07/2009 AGENDA
r �4 F ILE 0 0 �04C7�O � CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 OCTOBER 2009 CITY COUNCIL MEETING AGENDA 1. BRIEFING 5:00 — 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT • Briefing on H1 N1 (Swine Flu) Preparedness — Phil Williams, Public Works & Utilities Director; and Kathleen Cahall, Water Resources Manager 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — September 16, 2009 C. Minutes of Study Session — September 23, 2009 D. Reappointments of Joan Dingfield and Matthew Keough to the Parks & Recreation Commission E. Agreement with WEST® for Westlaw Research Subscription F. Purchase of Playback System from MEDiASTAR -SG for Bremerton Kitsap Access Television (BKAT) 6. GENERAL BUSINESS A. Resolution No. 3098 affirming support of the 2010 Census; and approving a Partnership Agreement with the U.S. Census Bureau B. Professional Services Agreement with PARAMETRix for Shoreline Master Program (SMP) Update; and 2009 Budget Adjustment 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Cleric's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting. � _ j' sue'- °'_ �`�r���.� ® •,�:.& � , ; � ; :- � : � -� J :... CECIL MCCONNELL MAYOR PRO -TER mayor &i.bremerton.wa.us :' Te► 360.473, 5266 -`, 'y +� Faz 360,47 5 8 83 i 1 345 8�h St eet`Suite 600. '8rcemerton`N!A 98337r PROCLAMATION WHEREAS, change is constant and affects all cities, towns, suburbs, counties, rural areas, and other places in the State of Washington; and WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS, the full benefits of planning requires public officials and citizens who understand, support and demand excellence in planning and plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories; and WHEREAS, the American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our settlements and environment; and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to recognize the many valuable contributions made by planning commissioners, members of volunteer advisory committees, and land use professionals of the City of Bremerton and extend our heartfelt thanks for the continued commitment to public service. NOW, THEREFORE, I, Cecil McConnell, Mayor Pro Tem of the City of Bremerton, do hereby proclaim the month of October 2009 as COMMUNITY PLANNING MONTH in the City of Bremerton in conjunction with the celebration of National Community Planning Month. The City encourages all citizens, businesses and organizations to learn more about the value that sound planning adds to our City's quality of life, and urges them to become active in participating in the ongoing implementation of our community's planning efforts. K� 4-1 Cecil M onnell, Ma or Pro Tem 4 � r. 7-� }st � ua,'�.'` ,�,. y,/^ �a • F " � : n ,� <+ w ... ., `s s o O � o0 0 C U O � v.{ ,oK. d:ac•ar�.,,i_, 5 9�� 5`.` .� kn!; c°+ qY • q -- = m,� __ - ,. ,�._ � f ,"?'°-d �,'�^ � °:'•S �`.n �' �X� � fy ty ,�a.'r' � R - r - •gt x ' 000 Q vi e+• (aj G �j r d o a o • � a OO � (_ —/� vV VV s oo 8 D O *'k O C�g s4 00 q �x O °x .• h t maw G' ;� I _ � � was;; �d,��H'°',�• r• the spread of r and others sick! Cq I le Of er your mouth and rtofso vinlh a � • J t�sue when you � �!. J _ Dough or sneeze �" or GOUgh Or sncozo mtd your upper sleeve, ryo1 your hands. /f Put yaur usao uswe in tr1Q K'd5l'-0 MBAOC. ��� ut'Lcrcnu6lzingornncving, tiYasn hands t ,'' with soap and i � �0 warm wafer i C for 20 seconds G'ean widr �! 4 ;flryjhObbp;;l;d • —�— h0nd cleaner. r+ •( •• R' t t +SAN ^W1�4fSn•T"9.RC�� > S ' V 4 0 =53 Q k� .o 9t �p oo 7 o xr Y � � a ,+„� ,�,(- 4� x J fr 'p v,., ^.�.,.>..,v.:s,�,;- r..ai. _,- •'.�— .,- .. _.r- ,fix„-_ =-ryz —i •'G`M1.y L 1 2 K 3 c'J 3 ,Y o _ c7 3: II II U�� `.F My yYv . �:fY4 ^r�Mr .y.. _ n n J u r ��$ � •'L•4 & �a t,� pjpw�) 608600(a jq wqu DATE SUBMITTED: 10/7/2009 AGENDA BILL 5A CITY OF BREMERTON CITY COUNCIL SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: October 7, 2009 Claims & Check Register Department: Financial Services Presenter: Cathy Johnson Phone: 473 -5296 SUMMARY; Consent Agenda item. Approval of checks and electronic fund transfers. ATTACHMENTS: Check Register. FISCAL IMPACTS (Include Budgeted Amount). APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY - FINANCE DIRECTOR: MAYOR: CONMTTEE CHAIR / COUNCIL PRESIDENT: '�, ��� ` ��� CONSENT AGENDA GJ' GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: 1) Check #'s 333807 through 334111 and EFT's 9120 through 9199 in the amount of $4,431,281.46. 2) Regular Payroll for the pay period ending September 15, 2009 in the amount of $761,418.01. 3) Regular Payroll for the pay period ending September 30, 2009 in the amount of $748,144.36 4) Retiree Payroll for the pay period ending September 30, 2009 in the amount of $81,287.65. COUNCIL ACTION: ® Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action I ) \I I: tin lul 11 H 11 kGI;.ND•k 811.1. 57j8 (TIT OFBRI �'II_R "fOv C ITT " C'OUNC'IL ■ ■ ■ ■ ■ • ■ ■ • • ■ • ■ ■ ■ ■ ■ • ■ • • ■ ■ ■ ■ ■ • ■ ■ • ■ • • ■ ■ ■ ■ • e ■ ■ ■ ■,o ■ ■ ■ ■ ■ ■ • ■ ■ • • ■ 1 SUBJECT: City Council Meeting Minutes Committee Mcchng Date: Ni.1 liar tncetino of' C( WN( IL. \/11+. I IN(I Date: �, ��jp,Y 7, Zoo q 2009 Department. City Council Presenter: Cecil McConnell Council President Phone. (360) 473 -5280 SUMMARY: Attached is a summary ofthe City Council Meeting held Sept,(ae /fo 2009 . ATTACHMENTS: Meeting Minutes for S��P�Y' (p 2 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: Council President CITY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N/A COMMITTEE CHAIR N/A C'OUNC'IL PRESIDENT /` ` �,�._ ti4l CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC FIEARING ❑ RECOMMENDED NIOTION: N'tove to approve the Consent Agcnela as presented C0tiN('11. A('TI0N: ❑ Approve ❑ Deny ❑ 'I able ❑ ( 011tinue ❑ No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, September 16, 2009 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, September 16, 2009, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6` Street, Bremerton, Washington, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Carol Arends, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Council Member Dianne Robinson was absent. Also present were City Attorney Roger Lubovich, City Clerk Carol Etgen, and Legislative Assistant Lori Smith. A COUNCIL BRIEFING was held to discuss General Council Business; and at 5.30 PM the meeting moved to the First Floor Meeting Chambers. The Pledge of Allegiance was led by Council Member Brad Gehring followed by the invocation provided by Associate Pastor Bob Westfall of Bremerton First Church of the Nazarene. MAYOR'S REPORT Mayor Pro Tern Cecil McConnell announced on behalf of the Bremerton Housing Authority (BHA) that they will be holding their 2 nd Annual Plant Give - Away /Dig Away on Saturday, September 19 from 9:00 AM to Noon. Check -in will be at the intersection of Baer Boulevard and Arsenal Way. Please bring your own shovel and there is a limit of 3 plants per person. Please contact BHA at (360) 479- 3694 for more information. PUBLIC RECOGNITION & ANNOUNCEMENTS Marie Vila CDBG Program Administrator, announced the Section 108 Loan Program and the start of a 30 -day comment period. Citizens are encouraged to contact (360) 473 -5375 to provide comments and to attend the Public Hearing scheduled for October 21, 2009. CONSENT AGENDA A. Check Numbers 333594 through 333806; and EFT -9085 through EFT -9119 in the amount of $7,434,945.68. B. Minutes of Meeting — September 2, 2009 C. Minutes of Study Session — September 9, 2009 D. Reappointment of Sharon Shrader to the Bremerton Housing Authority Board (BHA) of Commissioners E. Acceptance of the 2009 Justice Assistance Grant (JAG) Award Local Solicitation F. Acceptance of the 2009 Community Oriented Policing Services (COPS) Hiring Recovery Program Grant G. Ordinance No. 5089 adopting Public Defense Service Standards H Ordinance No. 5090 approving the Voluntary Separation and Reduced Work Week Hours Program for City of Bremerton Employees There were no questions or comments from the public 05:36:42 M /S /C /U (Runyon / Wofford) Move to approve the CONSENT AGENDA as presented GENERAL BUSINESS 6A — RESOLUTION NO. 3097 APPROVING THE REVISED INVESTMENT POLICY TO ALLOW THE CITY TO PURCHASE ITS OWN TAXABLE BONDS ISSUED TO REFINANCE THE GOLD MOUNTAIN GOLF COMPLEX Andy Parks Financial Services Director, explained that the City Council earlier this year approved the issuance of $5 37- million in taxable long -term bonds to refinance the City's outstanding bonds. Additionally, the Council authorized staff to purchase and City Council Reg. Mtg. Minutes Wednesday, September 16, 2009 Page 2 of 2 hold those bonds as investments of the City The attached policy has been revised to accommodate the acquisition of the City's bonds The City's financial advisor drafted the revisions and bond counsel has reviewed this item. There were no comments from the public.. 05:38:30 M /S /C /U (Arends /Wofford) Move to adopt Resolution No 3097 approving the revised investment policy as presented. COUNCIL MEMBER REPORTS Carol Arends reported on her attendance at the Kitsap Transit Policy Board and the CenCom Policy Board Meetings held yesterday. No action was taken at either meeting and both meetings will be continued to a later time for action. Mike Shepherd reminded citizens that feeding raccoons, squirrels, or stray animals can lead to rat infestations. Roy Runyon announced that the "Bremerton Party" to benefit Bremerton Foodline and charities of the East Bremerton Rotary will be held on Saturday, September 19 beginning at 7.00 PM in the Meeting Chambers, and to please contact Sue Shipley at (360) 649 -6445 or email Monica Bernhard at director(cDbremertonfood line. net for more information. He also mentioned that Oktoberfest will be held on Saturday, October 3 from 11:00 AM to 6:00 PM on the Louis Mentor Boardwalk, and to please contact the Main Stream Association at (360) 377 -3041 for more information. Adam Brockus announced that the Kitsap County Health District and Kitsap County Department of Emergency Management will be hosting public meetings regarding "H1N1" on Monday, September 28 from 6.30 to 8.30 PM at the Poulsbo Fire Station at 911 NE Liberty Rd; and on Tuesday, September 29 at Kitsap Regional Library from 6.00 to 8.00 PM at 1301 Sylvan Way. He as also pleased to report that Manette Fest was a success with about 700 people in attendance. Brad Gehring reminded the public that this week will be "Constitution Week "; attended a Wellness Walk last week; commented on recent improvements made along the Stephenson Canyon trail; and was sad about the loss to the sports community with the recent death of Coach Wayne Parker. With no further business, President McConnell adjourned the Council Meeting at 5:47 PM. Pw ared d Su bmitted by: ;: r0fRI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM-CE:ls:cg li \II til 13111 it I) k(-;END k BILL 6co (TIN OF I3RlAII -RT0N ('IT)' COI,NCIL e e o ■ o ■ ■ ■ • ■ ■ • ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ • • ■ • ■ • ■ ■ ■ ■ ■ ■ ■ ■ • ■ ■ ■ ■ ■ ■ ■ ■ ■ o • • ■ • 0 a ■ • • ■ • ■ ■ • ■ 1 SL 13JECT: City Connell ',4111utes C'onun►ttee "decting Date. 1 61 111eeling of ('( )UN( II \ll l I IN(. Date G"rO�ejr - 7 , .20o 23 1 2o0 1 Department City Council Presenter: Cecil McConnell Council President Phone: (360) 473 -5280 SUNINIARY: Attached is a summary of the City Council Meeting held Spe Z3) .2 00 ATTACHMENTS: Meeting Minutes for S .2 3 , 20 09 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: Council President CITY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N/A COMMITTEE CHAIR N/A COUNCIL PRESIDENT: CONSENT AGENDA (G GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECONEMENDED NIOTION: Move to approNc the Consent pis presented. COFNCIL ACTION: ❑ approve ❑ Ucny ❑ I able ❑ ( oniuiue ❑ No action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, September 23, 2009 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6 "' Street, Bremerton, Washington, Wednesday, September 23, 2009, at 5 PM, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Dianne Robinson, Roy Runyon, Adam Brockus, and Brad Gehring Council Members Mike Shepherd and Carol Arends were absent. Council Assistant Christine was present to provide staff support President McConnell emphasized that the Study Session was open to the public, however there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. A. NO DISCUSSION PLANNED - The following items are budgeted Items or have been reviewed by the appropriate Council Committee; and will be placed on the next Council Meeting Agenda for action: 1. Agreement with WEST® for Westlaw Research Subscription — Roger Lubovich, City Attorney; and Will Maupin, Public Safety, Parks, & Planning Committee Chair Consent Agenda 2. Professional Services Agreement with PARAMETRix for Shoreline Master Program (SMP) Update; and 2009 Budget Adjustment — JoAnn Vidinhar, Assistant Director of Community Development Department; and Will Maupin, Public Safety, Parks, & Planning Committee Chair General Business 3. Proposed Resolution affirming support of the 2010 Census, and approving a Partnership Agreement with the U.S. Census Bureau — Cecil McConnell, Council President General Business B. FULL DISCUSSION ITEMS 4. Results of Energy Audit — Phil Williams, Public Works & Utilities Director; and Brad Gehring, Public Works Committee Chair Information only 5. Receive and Review Financial Report for six months ending June 30, 2009; and Update on 2010 Budget — Andy Parks, Finance Director; and Nick Wofford, Finance Committee Chair Information only C. GENERAL COUNCIL BUSINESS A discussion of General Council Business was held and Committee Chair Reports provided. President McConnell adjourned the Study Session at 7.05 PM. Prepared and Submitted by CHRISTINE GRENIER Council Assistant Attest: CAROL ETGEN, City Clerk I CECIL McCONNELL, City Council President CM.CE Is cg DATE, SUBMITTED: September 24, 2009 AGENDA BILL CITY OF BREMERTON j CITY COUNCIL SUBJECT: Reappointments to the Parks & Committee Meeting Date: NM Recreation Commission COUNCIL MEETING Date: ()G-�rober 7, a oo 9 Department: Executive Presenter: /1/1�,�or PYO �emnote, Phone: 473-5266 SUMMARY: The terms of Planning Commissioners Joan Dingfield and Matthew Keough have expired. It is recommended they be reappointed to another term. ATTACHMENTS: Applications for reappointment available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR CONSENT AGENDA COUNCIL PRESIDENT: GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to confirm the reappointments of Joan Dingfield and Matthew Keough to the Parks and Recreation Commission. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑' Continue ❑ No Action DA l E SUBMIT "I E D September 10. 2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeaI SUBJECT: Agreement with West for Committee Meeting Date: September 23, 2009 Westlaw Research Subscription COUNCIL MEETING Date: October 7, 2009 Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473 -2345 SUMMARY: The City Attorney's Office uses West for its Westlaw legal research subscriptions. With the addition of personnel in the prosecution division, the City Attorney's Office needs to add two attorneys and orelegal assistant to its subscription. The proposed three -year contract, with the additional personnel added, will increase the current contract by approximately $120 per month, with a 5% CPI adjustment on each anniversary of the contract. The total three -year cost for the contract will be approximately $37,500. ATTACHMENTS: Proposed contract with West FISCAL IMPACTS (Include Budgeted Amount): The City Attorney's Office budget has sufficient funds available in the 2009 budget to fund the increased contract amount. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: 1 COMMITTEE CHAIR / COUNCIL PRESIDENT: ,. >�e - �;� ��, C CONSENT AGENDA GENERAL BUSINESS ❑ ✓ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the agreement with West and authorize the City Attorney to finalize and execute a three -year contract with West for legal research subscriptions. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Web Order Confirmation Page 1 of 5 Thelma Swem From: jodelle. pulda - ganter @thomsonreuters.com Sent: Tuesday, September 01, 2009 9:51 PM To: Thelma Swem Cc: jodelle.pulda- ganter @thomsonreuters.com Subject: West Contract emailed to Customer For Web Order ID 67287 Attachments: Forms.pdf Additional Notes: Hi Thelma These are the same databases you have and I have discounted the plan by 10% for you ! Please sign and fax to me at 866- 270- 9196..thanks ... Jodelle E Te AIt,r:rrsanR ler >businebs Web Order Notification Thelma Swem This order has been prepared on your behalf by your Sales Consultant, jodelle. pulda- ganterOthomsonreuters.com Contact your consultant with any questions. Thank you. Web Order ID: 67287 Thelma Swem Customer Billing Address Account #: 1000718972 BREMERTON CITY ATTORNEY THELMA SWEN 345 6TH ST STE 600 BREMERTON WA 98337 us 360 -473 -2345 Customer Shipping Address Account #: 1000718972 BREMERTON CITY ATTORNEY THELMA SWEN 345 6TH ST STE 600 BREMERTON WA 98337 us 360 - 473 -2345 Customer Account Address Account #: 1000718972 9/2/2009 Web Order Confirmation Page 2 of 5 BREMERTON CITY ATTORNEY THELMA SWEN 345 6TH ST STE 600 BREMERTON WA 98337 US 360- 473 -2345 Payment Information Payment Method: WestAccount Account Number: 1000718972 Shipping Information FREE Ground Shipping - U.S. Only Contact Information: Ordered By: 0571972 Customer Name: Thelma Swem Customer Email Address: Thelma.Swem @ci.bremerton.wa.us Order Source: 27 Revenue Channel: 01 Order Date: 9/1/2009 11:48:27 PM P.O. Number: Additional Information Additional Data B #: 5 Internal Comments: 40584071-13 ExistingSub:17000307; WA COURT RULES STATE & FED PAM SUB; 1; 0110505118000010 ExistingSub:12370848; FEDERAL CIV RULES HNDBK SUB; 1; 0110981544000010 ExistingSub:40015413; FP &P V20 SUB; 1; 0110981545000010 ExistingSub:11406859; GRAHAM HNDBK FED EVID SUB; 1; 0110981546000010 ExistingSub:40348951; WA COURT RULES LOCAL PAM SUB; 1; 0112604514000010 ExistingSub:40348951; WA COURT RULES LOCAL PAM SUB; 1; 0112604514000020 ExistingSub:17179086; WA PR V5D COURTROOM HNDBK PAM SUB; 1; 0112765202000010 ExistingSub:15347849; WA COURT RULES STATE PAM SUB; 1; 0114879808000010 ExistingSubDisclaimer :Subscriber maintains existing subscription(s) to this WestPack title - do not ship LapseSub:; 40456925; 0114146122; ; 000010; WL PRO MUNICPL PRACT CORE WA BANDED; 02 LapseSub:; 40577866; 0114146123; ; 000010; WL PRO EMPLOYMENT LEGACY WA BANDED; 02 LapseSub:; 40307753; 0114146124; WPK3; 000010; WL PRO ALL CASES & STAT GOLD - WA BANDED; 02138290 An order was placed for the following items: Qty Product Material List Price Other Program Program Net Price ID Details Codes 4 4 Government Select Level 40584071 List Price: 10 %0 E] StnDisc /MYR Disc 541723 2 States (WestlawPROO) Monthly: $1,101.00 Your Price: Monthly: $990.90 You Save: Monthly: 9/2/2009 Web Order Confirmation Page 3 of 5 ($110.10) Module List: Description Service # .Washington 40043770 Washington Practice Series 30311542 Advanced Employment Practice 40421872 All Primary Law 40443518 Washington Municipal Law Counselor 40457732 Existing Subs: Qty Description Service # 1 WA COURT RULES STATE & FED PAM SUB 17000307 1 FEDERAL CIV RULES HNDBK SUB 12370848 1 FP &P V20 SUB 40015413 1 GRAHAM HNDBK FED EVID SUB 11406859 1 WA COURT RULES LOCAL PAM SUB 40348951 `1 WA COURT RULES LOCAL PAM SUB 40348951 1 WA PR V5D COURTROOM HNDBK PAM SUB 17179086 1 WA COURT RULES STATE PAM SUB 15347849 Subscriber maintains existing subscription(s) to this WestPack title - do not ship Monthly WestlawPRO WestlawPRO Charges will be billed as set forth herein. Subscriber also agrees to maintain all subscriptions to the WestPack print products (new and /or existing as set forth above) during the Minimum Term and the charges for Subscriber's WestPack print products (both initial print charges ( "Initial WestPack Charges ") and print and CD -ROM subscription services charges including CD -ROM Charges ( "WestPack Subscription Charges ")) shall be billed as set forth herein. Upon conclusion of the Minimum Term, Monthly WestlawPRO Charges, CD -ROM Charges and WestPack Subscription Charges are billed thereafter at up to then - current rates. Excluded Charges and Monthly WestlawPRO Charges (after the Minimum Term) may be modified as set forth in the Subscriber Agreement (as defined herein). Subscriber is responsible for all Excluded Charges as incurred. Charges and CD -ROM Charges are billed on the date West processes Subscriber's order and continue for the minimum term elected by Subscriber with his /her initials below ( "Minimum Term "). If Subscriber agrees to commit to a longer Minimum Term of 24 months or 36 months, any increases in Subscriber's Monthly WestlawPRO Charges will be billed as set forth herein. Subscriber also agrees to maintain all subscriptions to the WestPack print products (new and /or existing as set forth above) during the Minimum Term and the charges for Subscriber's WestPack print products (both initial print charges ( "Initial WestPack Charges ") and print and CD -ROM subscription services charges including CD -ROM Charges ( "WestPack Subscription Charges ")) shall be billed as set forth herein. Upon conclusion of the Minimum Term, Monthly WestlawPRO Charges, CD -ROM Charges and WestPack Subscription Charges are billed thereafter at up to then - current rates. Excluded Charges and Monthly WestlawPRO Charges (after the Minimum Term) may be modified as set forth in the Subscriber Agreement (as defined herein). Subscriber is responsible for all Excluded Charges as incurred. 36 Month Minimum Term for WestlawPRO, WestPack Print and CD -ROM Products — 50% WestPack Print and CD -ROM Product discount (new and existing) — Monthly WestlawPRO Charges for second 12 months not to increase by more than 5% over Monthly WestlawPRO Charges for initial 12 months and Monthly WestlawPRO Charges for third 12 months not to increase by more than 5% over Monthly WestlawPRO Charges for second 12 months. 5 attorneys or corporate users are employed by Subscriber (or terminals used for Patron Access and Correctional Facility Products) at the location identified above (for WestlawPRO, CD -ROM case law orders and /or West LegalEdcenter Charges). If West learns that the number of Subscriber's affiliated attorneys exceeds this number, West reserves the right to increase Subscriber Monthly WestlawPRO Charges as applicable. You have requested access for the following users: User End Date Position Email BAGWELL, KENNETH ATTORNEY ken.bagwell @ci.bremerton.wa.us ,DENTON, LEIGHANN NON - ATTORNEY /BUS PRO leighann .denton @ci.bremerton.wa.us KOONTZ, MARK E ATTORNEY `LUBOVICH, ROGER NON - ATTORNEY /BUS PRO roger .lubovich @ci.bremerton.wa.us SWEM, THELMA NON -ATTORNEY /BUS PRO thelma.swem @ci.bremerton.wa.us 'Buskirk, Gina Attorney Harvey, Amanda Attorney Mann, Kari Non - Attorney Order Subtotal: N/A ' * Estimated Tax: TBD , 9/2/2009 Web Order Confirmation Page 4 of 5 Order Total: $0.00 Products Under 36 month contract term: $990.90 ** Billed Monthly Total: $990.90 Sales tax for your order will reflect applicable state and local taxes and will be finalized upon shipment. In accordance with applicable laws, tax will be applied to products and shipping. Actual tax may vary slightly from that shown above. + Free shipping is not applicable to print orders that will be shipped from affiliates of Thomson Reuters that are located outside of the United States, its territories and possessions. For such products, transportation and handling charges (FOB origin) will be added. ** First full month billing will be invoiced at the monthly billed detail set forth above. Pricing is subject to the price increase pursuant to the terms and conditions set forth in agreement. LAPSE SUBS Active Subscriptions to Lapse: Material #: WL PRO MUNICPL PRACT CORE WA BANDED 40456925 WL PRO EMPLOYMENT LEGACY WA BANDED 40577866 WL PRO ALL CASES & STAT GOLD - WA BANDED 40307753 Subscription Service and Passwords. Subscription services may consist of updates and /or supplements to the service, including but not limited to. (a) CD -ROM Libraries: updated, replacement or supplemental CD -ROMs and online updates, and other related supplemental material; (b) Print Products: pocket parts, pamphlets, replacement or ancillary volumes; loose -leaf pages and other related supplemental materials; all of which may be billed separately at then - current rates. Subscriber hereby requests that West provide subscription services for the herein - described products at then - current rates until such subscription services are cancelled by West or cancelled upon written request by Subscriber (or as provided for in the Subscriber Agreement for CD -ROM products) Any passwords issued herein may only be used by the person to whom the password is issued and sharing of passwords is STRICTLY PROHIBITED. General Provisions. This Order Form is subject to approval by West in St. Paul, Minnesota, and is governed by Minnesota law. The state and federal courts sitting in Minnesota will have exclusive jurisdiction over any claim arising from or related to this agreement. Applicable sales, use, personal property, value added tax (VAT) or equivalent, ad valorem and other taxes are payable by Subscriber. Subscriber may be charged interest for overdue installments and subscriptions and for other open account charges. If any installments, subscriptions, subscription services, Westlaw Charges or open account charges remain unpaid 30 days after becoming due, all unmatured installments, including all amounts that are or would become due and payable for the remaining term of Subscriber's Subscriber Agreement, shall become immediately due and payable at the sole option of West. Interest charged may be adjusted to the then - highest current rate allowable on Minnesota contracts. This Order Form is nontransferable. All collection fees, including but not limited to attorneys fees, are payable by Subscriber. Transportation and handling (FOB origin) charges will be added for print products. West may request a current financial statement and /or obtain consumer credit report on the undersigned individual to determine creditworthiness. West will only request consumer credit information on the undersigned if the undersigned is applying for credit as an individual or if the undersigned's consumer credit information is necessary for West to consider granting credit to the aforementioned company. If Subscriber inquires whether a credit report was requested, West will provide information of such, if a report was received and the name, address and telephone number of the agency that supplied the report. Returns. If Subscriber is not completely satisfied with any print or CD -ROM product received from West, the product may be returned within 45 days of the invoice date for a full refund or credit, in accordance with West's then - current returns policies. Westlaw Charges and West LegalEdcenter Charges are non - refundable. 9/2/2009 Web Order Confirmation Page 5 of 5 For questions regarding this order, please contact West Customer Service at 1- 800 - 328 -4880. The Subscriber Agreement for Westlaw and CD -ROM Libraries, the applicable Schedule A price plan, (for WestlawPRO products and /or CD -ROM Libraries products) and /or the West LegalEdcenter Subscriber Agreement (for West LegalEdcenter products) individually or jointly, as applicable, ( "Subscriber Agreement ") is /are hereby incorporated by reference and made part of this order. In the event there is a conflict between the terms and conditions of the Subscriber Agreement and the terms and conditions of this order, the terms and conditions of this Order Form shall control. Subscriber by his /her signature below, acknowledges his /her understanding and acceptance of the terms and conditions of the Subscriber Agreement. x Signature of Authorized © 2009 West, a Thomson Reuters business. All rights reserved. Representative for order Printed Name Title Date 9/2/2009 Subscriber Agreement for Westlaw' and .•• CD -ROM Libraries Westlaw. Part of Thomson Reuters AGREEMENT entered into between "Subscriber" as set forth on the West order form Data through wide area networks, multiple LANs, multiple sites or similar arrangements is strictly ( "Order Form ") and West, a Thomson Reuters business ("West "), regarding Westlaw and/or prohibited CD-ROM Libraries, as follows (e) Rights in Data. Except for the license granted in this Agreement, all right, title and 1. Westlaw and CD -ROM Libraries. 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West Legal DirectoryTM. Subscriber may use Westlaw Data and CD-ROM Data notice of termination to Subscriber if West reasonably believes that Subscribers use of Data contained in West Legal Directory ("WLD ") internally in the regular course of Subscriber's violates any applicable law or regulation, this Agreement or may result in a risk to public safety, business Subscriber may also create printouts of insubstantial portions of Data consisting including but not limited to the safety of private individuals, and (v) either party may terminate this of individual WLD listings or selected names and addresses for its own use Use of WLD to Agreement immediately upon giving written notice of termination to the other party if the other parry create mailing or marketing lists for commercial purposes or for distribution to third parties is commits a material breach of this Agreement Upon termination of any Library subscription by prohibited either party, Subscriber shall immediately destroy the terminated Library(ies) and destroy all CD- 8. Responsibility for Certain Matters. Subscriber may access Westlaw from ROM Data maintained on a permanent storage drive Upon any termination of this Agreement, the additional Subscriber locations upon prior notice of such location Subscriber is responsible West Software licenses shall also terminate for notifying West in writing of persons to whom Westlaw passwords are to be issued or 13. Force Majeure. West's performance under this Agreement is subject to interruption and from whom passwords are to be revoked. Subscriber is solely responsible for maintaining delay due to causes beyond its reasonable control, such as acts of God, acts of any government, security of Westlaw passwords Subscriber is also responsible for all access to and use of war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, Libraries, CD -ROM Data, CD -ROM Software, Westlaw, Westlaw Data, West Software and industrial or labor dispute, inability to obtain necessary supplies and the like westlaw com (collectively the "Deliverables ") by Subscriber's personnel or Westlaw 14. Notices. Except as otherwise provided in this Agreement, all notices must be given in passwords, whether or not Subscriber has knowledge of or authorizes such access and writing to West at 610 Opperman Drive; PO. Box 64833, St Paul, Minnesota 551640833, use Attention Customer Service, and to Subscriber at the address on the Order Farm 9. Disclaimer of Warranties and Limitation of Liability. EXCEPT AS SPECIFICALLY 15. General Provisions. This Agreement will be governed by and construed under the law of PROVIDED HEREIN, THE DELIVERABLES ARE PROVIDED "AS IS," WITHOUT the state of Minnesota, U S A without regard to conflicts of law provisions The parties agree that WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED the state and federal courts sitting in Minnesota will have exclusive jurisdiction over any claim TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A ansing out of this Agreement and each parry consents to the exclusive jurisdiction of such courts PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, Neither this Agreement nor any part or portion hereof may be assigned, sublicensed or otherwise CURRENTNESS AND DELAYS SUBSCRIBER'S EXCLUSIVE REMEDY AND WEST'S transferred by Subscriber without West's prior written consent Should any provision of this AND /OR CONTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and ANY CLAIM(S) FOR DAMAGES RELATING TO THE DELIVERABLES WHICH ARE MADE enforceability of the other provisions will not be affected Failure of either party to enforce any AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR provision of this Agreement will not constitute or be construed as a waiver of such provision or of NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES the right to enforce such provision The headings and captions contained in this Agreement are PAID BY SUBSCRIBER RELATIVE TO THE LIBRARY, WESTLAW FEATURE OR THE inserted for convenience only and do not constitute a part hereof West, as used herein, applies to WEST SOFTWARE, AS APPLICABLE, WHICH IS THE BASIS OF THE CLAIM(S) DURING West Publishing Corporation, Thomson Reuters Applications Inc, West Services Inc, Thomson THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM IN Reuters (Legal) Inc , and their affiliates NO EVENT SHALL WEST OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY 16. Ideas and Concepts. Any and all title, ownership rights, and intellectual property rights CLAIM(S) RELATING IN ANY WAY TO (i) SUBSCRIBER'S INABILITY OR FAILURE TO concerning any ideas, concepts, suggestions, materials and the like that Subscriber provides to PERFORM LEGAL OR OTHER RESEARCH OR RELATED WORK OR TO PERFORM West regarding Westlaw, westlaw com or Westlaw Software or Libraries shall become the SUCH LEGAL OR OTHER RESEARCH OR WORK PROPERLY OR COMPLETELY, exclusive property of West and may be used for its business purposes in its sole discretion without EVEN IF ASSISTED BY WEST, OR ITS CONTRIBUTORS, OR ANY DECISION MADE OR any payment, accounting, remuneration or attribution to Subscriber ACTION TAKEN BY SUBSCRIBER IN RELIANCE UPON WESTLAW DATA AND CD -ROM DATA, (n) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO SUBSCRIBER'S RIGHTS HEREUNDER OR USE OF, OR INABILITY TO USE, THE DELIVERABLES, EVEN IF WEST OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (iii) THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING OR DELIVERING WESTLAW DATA AND CD -ROM DATA FURTHER, WEST SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY THIRD PARTY FEATURE NEITHER WEST NOR CONTRIBUTORS MAKE ANY WARRANTY THAT ACCESS TO WESTLAW WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE NOR DOES WEST MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL OR THIRD PARTY WEB SERVICE SUBSCRIBER ACKNOWLEDGES THAT PROVISION OF WESTLAW COM ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF WESTLAW DATA OR DAMAGE TO MEDIA 10. Limitation of Claims. Except for claims relating to Westlaw Charges or CD-ROM Charges, or improper use of the Deliverables, no claim, regardless of form, which in any way arises out of this Agreement may be made, nor action based upon such claim brought under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it 11. Effect of Agreement. This Agreement (which includes all applicable Order Forms, any Existing Westlaw Agreement, current and future Schedules and Additional Terms, license agreements and the like) embodies the entire understanding between the parties with respect to the subject matter of this Agreement and except as otherwise provided herein supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter Except as otherwise provided in this Agreement, West may amend the terms and conditions of this Agreement by giving Subscriber at least 30 days prior written or online notice Any other amendment must be in writing and signed by both parties 4/1/09 SAMlnet 41 dot Schedule A to Subscriber Agreement Wesua . Plan 2 WestlawPRO ® for State and Local Government Agencies —Government Service Usage charges begin when Subscriber's password is transmitted Available only to employees of state, county and city and end when Subscriber's telecommunications link is government agencies (excluding courts), correctional facilities, disconnected government law library staff (behind the desk staff access) and legal services /legal aid entities with 40 or fewer affiliated B. Communications Charges. $.22 per minute. attorneys accessing Westlaw for government or legal Communications charges begin when Subscriber's password is services /legal aid purposes. Not available to educational transmitted and end when Subscribers telecommunications link is institutions for academic purposes. Westlaw access by inmates disconnected - they apply to the entire Westlaw session, excluding and offline transmission, ER D automated citation checking, Westlaw s of correctional facilities is STRICTLY PROHIBITED. via and the SUBSCRIBER Database (when accessing Westlaw via Upon accessing Westlaw, a user may elect either per minute or transactional transactional billing) billing in the Options Directory. Such billing election will be effective for all subsequent sessions unless the election is changed The SUBSCRIBER 4. Transactional Charges Database lists the per minute billing classifications, transactional charges and A. per document charges for each database I. Search Charges 1. WestlawPRO Obligations and Restrictions. Subscriber must submit Each search query will Incur a search charge Search to West a copy of its current letterhead or a certified list of all affiliated charges range from $0 to $230 per search The search attorneys at the location identified on the Order Form and must promptly charge applicable to each database is available In the notify West of any changes in the number of affiliated attorneys Westlaw SUBSCRIBER Database For sales tax purposes only, a passwords may only be used by the person to whom the password is percent of each search charge is allocated to issued. Sharing of Westlaw passwords between or among Subscriber's communications personnel or persons not employed by Subscriber is STRICTLY Search charges for multiple database searches are PROHIBITED. In the event West learns that the number of attorneys discounted as follows employed by Subscriber exceeds the number certified by Subscriber or a 1 database No discount Westlaw password has been used by a person other than the person to 2 -3 databases 10% discount whom the password has been issued, West reserves the right to increase 4 -10 databases 20% Subscriber's monthly WestlawPRO charges ( "Monthly WestlawPRO 11+ databases N/A Charges ") to then - current rates for each attorney employed by Subscriber, change Subscriber to another price plan or, in the alternative, terminate the ii. Westlaw Legal Calendaring $20 00 per transaction Westlaw password(s) used by a person other than the person to whom it is issued B. Online Find Charges 2. Monthly WestlawPRO Charges. Monthly WestlawPRO Charges for Charge Per Document the products elected by Subscriber appear on the Order Form and include Find (includes Primary Law) $8 usage, communications, WestClip (non - continuous), offline transmission (as Find (includes Secondary Law /Regulations Finds /Display) 16 limited by the Subscriber Agreement), certain KeyCite® Alert (non- Find (BNA, RIA) 25 continuous), transactional charges (excluding online citation checking) and Find (PastStat Loc, State LH, NetScan & StateNet) 25 certain offline automated citation checking charges. Monthly WestlawPRO Find (ResultsPlus) 50 Charges apply regardless of Subscriber's actual use. A listing of the current Find (ResultsPlus Bnefs/Tnal Documents) 80 WestlawPRO Databases appears in the Westlaw Directory. Charges Find (Briefs and Trial Documents) 65 associated with the databases, Features and services that are not part of the Find (State Survey) 200 Find (Expert Witness) 50 -125 WestlawPRO products elected by Subscriber will be billed in addition to the Find (Dockets) 15 Monthly WestlawPRO Charges at the rates set forth below ( "Excluded Find (Westlaw Tax) 12 -22 Charges ") West may, at its option, make certain databases, Features and Find by Tale" N/A services Excluded Charges if West is contractually bound or otherwise * Includes Find Charges for Previous Secton/Next Section required to do so by a Contributor of Data or if the databases, Features or services are enhanced or released after the effective date of the Subscriber * *Find by Title creates a search query which will result in a search Agreement and the Order Form charge No separate Find transactional charge will apply See 3. Per Minute Charges SUBSCRIBER Database for detailed pricing A. Per Minute Usage Charges Per Minute Rate i Combination Databases $ 1 05 C. Online Citation Checking Charges ii Highlights Databases 285 Citation Service Charge Per Citation iii Basic Databases 3.42 KeyCite $625 iv. Westlaw Standard Databases 625 RIA -Cite 625 v. Westlaw Standard Databases -Codes 7.50 QuickCite® creates a search query which will result In a search vi Deluxe Databases 768 charge No separate online citation checking charges apply No vii. Specialty Databases 785 offline transmission charges apply viii. Premium Databases 850 ix Allfile Databases 1080 D. QUOTE Charges $ .15 per entry x. Multi-Search Databases 11.20 A Super Allfile Databases 1350 xii Select Databases 1550 xiil Super Premium Databases 1638 xiv Super Select Databases 1383 xv ResultsPlus Standard Databases 781 xvi ResultsPlus Premium Databases 1063 xvii ResultsPlus Allfiles Databases 1350 xviii. ResultsPlus Super Allfiles Databases 16.88 xix. ResultsPlus Select Databases 1938 xx ResultsPlus Super Premium Databases 2143 xxi Westlaw Tax Time Class Databases 8 25 -23 38 i E. Document Display The following charges apply in lieu of per minute and transactional charges: Graphical Statutes $1500 per document Charge Per Document Profiler Litigation History Reports 75.00 per document Duns Business Records Plus* People Finder Reports Business Record & Full Financial $12890 Summary & Sources $5000 per report viewed Business Information Report (domestic) 110.00 Summary $2500 per report viewed Business Information Report (international) Case Evaluator Reports Africa 44300 Combined Reports $18000 per report viewed Middle East 44300 Individual Report $7500 per report viewed Asia Pacific 44300 Expert Investigation Reports Latin America 34000 Expert Challenge Report $30000 per report viewed Europe 28800 Expert Compare Report $15000 per report viewed Canada 14400 Expert Evaluator Report $7500 per report viewed Comprehensive Report 12950 Family Tree Report 60.10 5. Offline Transmission Charges Business Record & Financial Abstract 6010 t A user may elect either per line or per document offline transmission Business Record 3570 billing in the Options Directory Such election will be effective for all Business Abstract 2335 subsequent sessions unless the election is changed Offline Family Member Profile 980 transmission charges apply to all printing and downloading to storage Company Relations 2.35 devices and facsimile machines, unless otherwise indicated Per company -250 companies maximum Rate Rate Per (250 companies or more - no additional charge) Per Line Document Branch Locations 235 Per location -250 locations maximum Westlaw Public Records Databases $ 04 $ 5 (250 locations or more - no additional charge) Briefs 04 20 *Minimum fee of $15.75 per search Selected databases up to 65 up to 50 All other databases .04 10 10. Company Profiles Database Charges Index Search $0 6. Training Charges Company Profile 35 per report Training and technical support charges are as set forth on the Order ResultsPlus 40 per report Form Offline transmission charges apply to citations list but do not apply to 7. WestChecke and find &print.com Charges Company Profiles reports themselves. Citation Service Charge Per Citation 11. Dockets Charges KeyCite $625 The following charges apply in lieu of per minute and transactional Table of Authorities 1 00 charges QuoteRightTm 7.00 Search $7-14 per transaction Find 1300-22500 View document 5 per document Find (Selected databases) 23.00 — 70.00 Update document 2-8 per document Content Verification 50 Dockets Alert * 5 per transaction No offline transmission charges apply Multi -Base Searches 20-145 per transaction Docket Tracking * 2-10 per transaction 8. Alert Services Charges Case Calendanng WESTClip Information Update 2 per transaction Tracking Service 1 per transaction Non - continuous Clipping $0 Integration Service 1 per transaction Continuous Clipping $4 50 per day per search Document retrieval services At then- current rates BNA Clipping $14.00 per transaction KeyCite Alert * Limit of 99 alerts /tracks per password Non - continuous Clipping $700 per transaction Continuous Clipping $900 per day per transaction 12. PDF Charges KeyRules Alert $6.00 per transaction Attorney Medical Advantage $225 00 per image Blaussen Medical Illustration Database charges apply to the online display of WestChp and Docket Standard Collection 25000 per image Alert results Find charges and charges associated with documents Premier Collection 27500 per image viewed from KeyCite Alert and Docket Alert results shall apply. Connect Expenan Reports 8 00-44 95 per report time and communications charges do not apply during transactional Briefs/Trial Docs /State Surveys 6500 per image billing sessions Offline transmission charges do not apply to WestClip DE Chancery Docket 6500 per image cite lists (excluding BNA) or KeyCite Alert Deed Image 2500 per image Dockets PDF 4.00 per image 9. Westlaw Public Records Charges Expert Witness /Courtroom Transcripts 6500 per image The Scope screen for each Westlaw Public Records Database lists its Legal Due Diligence Reports 20000 per image database classification for per minute billing The search charge Investext 995 per page applicable to each Westlaw Public Records Database is available in the Real Property Parcel Maps 1500 per image SUBSCRIBER Database Additional charges for third -party services Patent Image 3.00 per image may apply The following transaction charges apply in addition to the ResultsPlus Investext 14.95 per 1 6 ` page per minute and transactional charges (Each additional page) 995 per page Charge Per Detail No offline transmission charges apply Record Viewed Delaware Corporate Records $900 13. West Reporter Images Charge Per Entry West Reporter Images $16 00 per image D &B Alert $5.00 No offline transmission charges apply. 10/1/08 SAMlnet 137 dot DA'I E SUBN11 FI ED Scptcmbcr 23, .'_009 AGENDA BILL 5F CITI' OF I3RE Ml_ R TON CITY COUNCIL SUBJECT: Committee Meeting Date Sept 23, 2009___ COUNCIL MEETING Date O 7__'O Bremerton Kitsap Access Television Department Finance Purchase of playback System Presenter Charleen Burnette Phone 308 - 01 39 SUMMARY: An Automated Digital playback system will replace the system that has been used and upgraded at BKAT since 1988 Requests for Proposals were sent out to three businesses on August 12, 2009. Three responses were received on August 27, 2009. BKAT prefer's the mid range bid of Mediastar-sg. in our look to the future of TV and commu- nication this system will be the most user- fi and fits into that vision. It will give the channel a fresh new look. ATTACHMENTS: Summary FISCAL IMPACTS (Include Budgeted Amount): The purchase of a cablecast system is included in the BKAT Capital Improvement Plan. There is currently $88,000.00 in the Capital budget APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY. FINANCE DIRECTOR: MAYOR: �- e c, ` COMMITTEE CHAIR COUNCIL PRESIDENT: �,,� �' �. _.�. ,� CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to purchase a digital playback system from "mediastar - SG" in the anwunt of $50,850 00 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No-Action Digital Playback System Purchase Bremerton Kitsap Access Television 9/23/09 RKAT Capital Improvement Plans include a purchase of a digital playback system RK 4T's C1P funding includes contributions from Kitsap County and the City of Bremerton Currently there is a balance of $89,000 for Capital purchases Requests for proposals were sent out on August 20, 2009 with responses due on .August 27, 2009 Three businesses replied Mediastar -sg, Advance broadcast Solutions and D Co Marketing, Inc Responses were as follows - Name System /Service Contract Instal l/Training/perdiem /shipping Total D Co Marketing $65,31500 $2,27500 $67,590.00 Mediastar -sg $42,400.00 $8,450.00 $50,850.00 Advance Broadcast $30,650.00 $7,950 $38,600.00 BKAT staff recommends the purchase of the Mediastar -sg system. We have seen this system in action and are confident this will help us go the next level in broadcasting. It will give the channel a new fresh look and allow us to begin streaming. Estimate Date 8/26/2009 311 SOuth 102nd Street, #100 Quotation # 5782 Sea Fac, WA.98148 -2207 Rep TA Ph: (206) 870 -0244 Account # Fax: (206) 299 -9990 Project www .advancedbroadcastsolutions.com Bill To Ship To Bremerton Kitsap Access Television Bremerton Kitsap Access Television Charlene Burnette Charlene Burnette 7266 Tibardis Road NW 7266 Tibardis Road NW Bremerton, WA 98311 Bremerton, WA 98311 FOB Terms Ship Via Valid Until P.O. No. Origin 30% Deposit Balance Net 20 8/26/2009 Item Description Qty Total UltraNEXUS Leightronix - Network - Managed Video System Controller and 1 9,995.00T Digital Video Server LGX- ITBR -U Leightronix - 1 Terabyte USB Hard Drive, Certified and 1 1,199.00T Formatted for use with the UltraNEXUS _jTAL INFO Leightronix - Annual Subscription for Automated Live Data 1 O.00T Delivery (12 months) LGX -OPT Leightronix - Onsite Product Training by a LEIGHTRONIX 1 1,950.00T Certified Trainer (does not include travel expenses, which will be billed separately) System Options: PEG Central Leightronix - Web Hosting and Streaming Video-on- Demand 1 2 988.00T Service wWiAuLomatic File Transfer from UltraNEXUS This is an annual c arge, customer is responsible for renewing this feature PEGvault -SD Leightronix - Hardware Based Digital Video Encoder 1 2,995.00T LGX -U Leightronix - Tutorial Classes via Streaming Video. No Charge 1 O.00T for Registered Customers Note: LGX -WPT Customized Online WebEx Training is available for $100 per hour. LGX -TADVD Leightronix - TASCAM DV -D01U Commercial Single Disc DVD 1 599.00T Player All quotes are valid for 30 days unless otherwise noted. Subtotal By signing above, the purchaser /ficensee acknowledges that the purchaser /licensee read and agrees to the terms and conditions set forth Sales Tax (8.6 %) by ABS and quoted vendors. ABS terms and conditions supersede any Total -id all purchase orders and other documents relating to the system or .e purchase or license thereof. Purchaser /licensee is subject to shipping /handling and 3% credit card processing fees incurred related to order, unless otherwise stated. Signature Pagel Estimate Date 8/26/2.009 811 South 193nd Street, (1 100 Quotation # 5782 Sea I ac. WA.98148 -2207 Rep TA Ph: (206) 870 -0244 Account # Fax: (206) 299 -9990 Project www .advancedbroadcastsolutions.com Bill To Ship To Bremerton Kitsap Access Television Bremerton Kitsap Access Television Charlene Burnette Charlene Burnette 7266 Tibardis Road NW 7266 Tibardis Road NW Bremerton, WA 98311 Bremerton, WA 98311 FOB Terms Shlp Via Valid Until P.O. No. Origin 30% Deposit Balance Net 20 8/26/2009 Item Description Qty Total with Advanced RS -232 Control (Random Disc Access with DVPlay) Standard Infared Control (Integrated IR and PRO -BUS) LGX -DVply Leightronix - DVplyT' DVD Player Interface Cable for TASCAM@ 1 50.00T DV -D01U DVD Player RNR4450 NetGear ReadyNAS 1100 2 TB Dual GigaBit Rackmount Network 1 1,365.28T Storage (4x500GB) V- R82DP -HDA Marshall Electronics - Dual 8.4" LCD Rack Mount Panel with 1 2,528.85T HAD + DVI /SDI inputs MRK -4431 Middle Atlantic - MRK Series 19" Gangable Enclosure, 44RU 650.86T [83.125 "H x 22 "W x 31.40 "D] (USEABLE 77.125 "H x 29 "D) - 10 -32 mounting holes EIA spacing, 2500lbs load capacity PS7224 -20 Tripp Lite Power Strip 24 Output Connectors 20Amp Plug 1 112.00T 86733 Eaton - EX [120V - 3RU] 3000 RT On -Line Double Conversion 1 1,749.64T UPS [2.55kW L5 -30P]. NOTE: MGE -68441 RACK MOUNT KIT 68441 Eaton - EX [2/ (ordered separately). ]RACK MOUNT KIT 1 137.29T ABS Installation ABS Installation Service (per day) 5 4,000.00T ABS Materials - EST Materials Estimate for job 1 2,000.00T All quotes are valid for 30 days unless otherwise noted. Subtotal $32,319.92 By signing above, the purchaser /licensee acknowledges that the purchaser /licensee read and agrees to the terms and conditions set forth Sales Tax (8.6 %) $2,779.51 by ABS and quoted vendors. ABS terms and condihons supersede any - id dil purchase orders and other documents relating to the system or Total $35,099.43 e purchase or license thereof Purchaser /licensee is subject to shipping /handling and 3% credit card processing fees incurred related to order, unless otherwise stated. Signature Page 2 I as we A mediastar- SGT Made in ,'hp u s A 1! milen' COST SUMMARY FOR BKAT August 20, 2009 JON RAUCH & CHARLEEN BURNETTE Price 12.1 Cost of System: No Mediastar -SG single channel Production Playback Encoder and MPEG system inclusive configuration s o Fully- Integrated Master control system with MPEG2 and still -frame playback for one television channel $ 29,500 0 0 Mediastar -SG sets the standard for ease -of -use, automated functionality and graphics excellence It includes so Production System Y Mediastar -SG integrated software package, includes these four modules • Production — create templated or scripted frames for maximum efficiency • Bookkeeping /content management — easy to use content library • Editing - storyboard "thumb - nails" for quick editing, pre -air proofing • Scheduling - unlimited advanced user - friendly scheduling, automatic drop -offs • Mediastar -SG integrated hardware package, typically Y • Intel Pentium processor with redundant hard drives • 32 -bit (IRS 170M) broadcast - quality Image Capture board 00 • 19" color menu VGA monitor or LCD/TFT - AGP video card or shared with Netstar -SG • Multi- channel RGB /S- Video /Composite NTSC display monitor, with under -scan • High -speed communications software, including diagnostic modem (phone -line required) • Network switch for dedicated LAN configuration (no bandwidth constraints) Playback System Mediastar -SG integrated Master Control software package • Integrated 10X1 AN switcher (ProMX) (9 inputs = 8 controllable devices + 1 live feed) • Dependable industrial rack design • Auto - recovery after power failure Device control for up to 8 bi- directional A/V devices (contact sales for list) • Mediastar -SG integrated Master Control appliance • Intel Pentium industrial class CPU with redundant hard drive • 32 -bit (RS170M) broadcast - quality Image Display board • Professional Audio (studio quality) playback D/A converter • Schedulable /controllable 2 channel on -air mixer for background audio ramping • High -speed ultra- secure communications software MPEG2 encoding system • Netstar -SG MPEG2 encoding and editing workstation, typically, MPEG2 hardware encoder and MPEG2 editing software • Intel Pentium with 500G hard drive, 1G RAM • Professional Audio system (studio quality), including mic and mixing capability • 19' color menu VGA monitor or LCD for AGP VGA card or shared with Production MPEG2 playback server Vstar -SG compatible MPEG2 player - Broadcast -grade MPEG2 video server • At least 55 hours (@ 8Mbps) of on -line MPEG2 video playback for on -air insertion • Rackmount industrial unit, with auto - recovery after power failure 12.1 Cost of System Icon't) mediastar -S& ; 702 NVIrgrove Ave 2?i • Chico, California 95926 3948 T (530) 82MEDIA • F 1530) 898.9588 Employee owned and operated) new rlerctroni m ectia sta r- SG ",,, Made in she U S A _0! &_� I It rtulten' COST SUMMARY FOR BKAT August 20, 2009 JON RAUCH & CHARLEEN BURNETTE Price 5 Vstar -SG compatible DVD players - Industrial- grade, bi- directionally controlled on -air DVD player S 6,750 1 Vstar - compatible Serial Control S - VHS deck — Panasonic 7350 refurbished to Panasonic factory specs $ 1 200 Subtotal $ 37,450 12.2 Cost of Expenses: Installation On Site Training $ 2,850 Up to 8 Staff, 3 -days of on -site training $ 2,400 Travel and Per Diem for two Mediastar-SG staff (one engineer and one trainer) for 4 days •• $ 2,800 0* First year of Full Service Contract for Mediastar -SG system (Playback, Netstar -SG or Messagestar -SG) $ 4,950 Includes continuation of site license, one year free telephone /email support, guaranteed spares, loaner equipment, software upgrades and operational consulting (this contract is mandatory for new Installations) t o Subtotal.. $ 13,000 Shipping or Transport and Handling $ 400 s o System Total $ 50,850 Configuration of controllable devices includes 5 DVDs, 1 Tape Deck, 1 MPEG Player (Note only one more device can be added) BKATstar Option available in 2010 for additional controllable devices — (price to be determined based on final specifications) One dedicated, analog, dial -up phone line required (to be located where Production /scheduling workstation is installed) Installation and training dates will overlap BKAT to provide its own UPS for Prod uction /Netstar workstations in addition to a Rack mount UPS for Playback BKAT will provide at least one operator for on -site training (although we recommend at least two be trained) 50% deposit with placement of order, balance upon receipt of shipment (other payment options to be discussed) Full Service Contract can be billed monthly if site would prefer (less discount — 90 day cancellation notice) Price valid for 45 days med astar - 702 Vanryove ,4ve 4221 • Chico, Cal forn a 95926 -3948 T (530) 82MEDIA • F (530) 898 -9588 Employee owned and operated' D Co Marketing, Inc 1949) 367 -1700 Fax 949 - 367 -1734 rod 27665 Forbes Road Suite 46, Laguna Niguel CA 92677 www d -co corn Centaur Automation Server Cost Summary/Expenses BKAT rfp 8/09 Client: Bremerton KITSAP Access N Date: 812412009 Contact: Jon Rauch Phone: 360- 308 -0139 Revision No. 1.0 Dcode The Centaur DigiCaster line of servers is D.Co's turn key package. Full reporting features of individual clips, as run log and verification files Included. This Centaur Is a single channel on air composite with a single encode and a single preview channel. Interface with Traffic and Billing Called: None Max number of events to be recorded simultaneously: 1 with full source and confidence monitoring. Satellite Dish Positioner: None Feeds to be Integrated into system: 5 with open space for more. Qty Item Descripdon Price Extension DigiPlay This Centaur contains 3 playback cards and 1 encoding card. 'Please note There is an annual license fee of $1850 00 for ShowMaker software usage, updates and phone support. 1 Ce4 -A -M31 D Co CentaurTv Server, Master Control System unit, Rack Mount Chassis (typically $ 34,995 $ 34,995 4 RU's), controls matrix roullng switcher & includes. dual redundant power supplies, rack sliders, O.S., gigabit mc, system board includes 5 digital video slots with 4 populated (3 Composite Video Players and 1 Composite Ingest card) Includes ShowMaker Master Control, Reporting and Scheduling Software 'PLEASE NOTE The price includes first year's $1,850 annual license fee for the ShowMaker software Each year there is a $1,850 fee for ShowMaker software use This includes software usage, updates, and telephone support. 1 Ce4 -A -M20 D Co CentaurTM Expansion Server, includes dual redundant power supplies, rack $ 4,995 $ 4,995 sliders, O S , gigabit mc, system board includes 5 digital video slots with 2 populated (2 composite video player and 0 ingest cards) Stand alone MPEG2 player with single on air channel to act as redundant server d main server fails Holds roughly 200 hours video at 8mbps Content on this server will not parallel or shadow the content on the main server Content can be changed at anytime. RAID Storage 1 NAS 2 8T8 HOD network attached storage system Holds (2) ITS mirrored drives Holds $ 2,995 $ 2,985 roughyl 200 hours at 8mbps Gigabit ethemet, LISS connectvity, stores about 500 hrs at 8mbps Price includes Ra1d5 configuration CG'S I 1 MP GRAC Video Message Display System - Media Play Graphics Creation System NTSC, $ 3,795 $ 3,795 Video Out 24bit true color, Page Scheduling, Sound Card, Stereo Spkrs , Adobe Photo Shop, Kbrd , Mouse, WIN O /S, and special design speed key 1 ASD Air Ship Display Video Logo Inserter /character generator Can add keyed message $ 2 895 $ 2,895 emergency crawls, schedule or manually add logos rfp pg - 13 - Bremerton KITSAP RFP -Jon Rauch - Centaur xis, 8/25/2009, Page 1 of 2 Misc Ad'I Items 1 Enhanced Rack Rack with Rear door fans, and Power Strip with L eben GXT 1500 VA Power $ 3 950 $ Conditioner UPS System - Client to provide rack. UPS system provides roughly 7 minutes run time Additional battery pack will provide 20+ minutes run time at a cost of $500 1 DVDP Sony industrial grade DVD Player $ 350 $ 350 1 MVP4 Multi- Viewer accepts 4 inputs of audio and video (with video pass thru) puts all onto $ 4,950 $ 4,950 monitor display of clients choice, provides alarms and switching (in conjunction with FOS) for loss of audio and/or video video-no-motion audio too high or too low, and blue screen. 1 FOS Fad Over Switch - Forces system to switch to backup server Ce4 -A -M20 in the $ 1 595 $ 1,595 event of main server failure This item requires purchase of MPV-4 Includes serial adapter GPI device Also triggers to default CG backup d secondary server fails 1 VS162AV Economy 16x16 Balanced Stereo Audio Video Routing Switcher with genlock in $ 3 595 $ 3,595 puts Allows automated switching between all system in puts 1 Installation 3-4 days on site Configuration S Training - Includes the interconnection of D Cc $ 3,950 $ 3,950 supplied equipment plus training. 1 Engineering System Integration Presale & Postsaie Engineering Work. Includes winng diagram $ 750 $ 750 and rack elevation plan. 1 Wiring Harness Cable & Connectors for above install Dependent on purchase of full installation $ 450 $ 450 services. 1 Expense Travel& Expenses $ 1,200 $ 1,200 1 Freight Estimated Freight. $ 1,075 $ 1,075 Total $ 67,590 Payment terms 25% at time of order, 25% at shipment, 50% N-W One Year parts and labor warranty on hardware Lifetime warranty on software as long as licensing fee is current Recommended Centaur Upgrades 1 ALM Audio Level Master. Automatically adjusts audio levels in the ingestion process and $ 2,235 $ 2,235 on air. 1 Audio Meter Broadcast quality Audio Metering $ 790 $ 790 1 Alarm Dialer Automatically calls up to 4 different numbers when system error occurs. Used in $ 600 $ 600 conjunction with FOS if client wants automatic notification 1 CBSA Color bar, sync and audio tone generator. Provides reference throughout system $ 875 $ 875 1 VTM -200 Waveform/Vector/Picture - Analog/Digital Multi Format On Screen Monitor - $ 6.595 $ 6,595 NTSC /PAL 2 composite inputs, 2 senal digital 601 inputs Yearly Hardware Maintenance 1 SUP Upgrade Standard support for 2 years to include Hot Spare D Cc DigiPlay Unit, $ 8,750 /yr $ $8,750/yr MPEG Player Deck controller, Switcher (applies only to switchers 16x16 or less) Once D Co has determined that a covered item requires repair or replacement, D Cc will pay outbound overnight pnonty shipping charges to send a loaner or replacement unit D Co will also pay for standard inbound shipping charges This maintenance contract specifically does not cover power surges caused by lightning, water damage, or any act caused by nature. The contract covers any piece of hardware equipment D Cc installed Once the precise nature of the problem has been identified, D Cc will ship overnight prionty the replacement part or the entire piece it necessary Bremerton Kitsap Access Television is expected to supply the labor to install any part or piece of equipment, with D Co's phone support. The contract does not cover any on site labor or travel costs rfppg -14- Bremerton KITSAP RFP -Jon Rauch - Centaur xis, 8/2512009, Page 2 of 2 DA I L SU13M1 I I F-D. Septennbri 17, 2009 :AGENDA BILL CITY OF BREMERTON 6A CITY COUNCIL No. 3086 SUBJECT: A Resolution affirming support Committee Meeting Date: September 23, 2009 ol'the 2010 Census and approving a COUNCIL MEE TING Date: October 7, 2009 Partnership Agreement with the U.S. Census Department: City Council Bureau. Presenter: Cecil McConnell Phone: 473 -5280 SUMMARY: The proposed Resolution affirms support of the 2010 Census and approves a Partnership Agreement with the U.S. Census Bureau. ATTACHMENTS: Resolution No. � Proposed Census Partnership Agreement C FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR 48 COUNCIL PRESIDENT: c ���`� 1` ,.�, � / CONSENT AGENDA ❑ GENERAL BUSINESS PUBLIC HEARING ❑ RECONINIENDED MOTION: Move to pass Resolution No. 30 affirming support of the 2010 Census and authorizing the Mayor to execute the 2010 Census Partnership Agreement with the U S. Census Bureau. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. 3010 A RESOLUTION of the City Council of the City of Bremerton, Washington, affirming support of the 2010 Census and approving a Partnership Agreement with the U.S. Census Bureau. WHEREAS, the U.S. Census Bureau is required by the Constitution of the United States of America to conduct a count of the population and provides a historic opportunity for the City of Bremerton to help shape the foundation of our society and play an active role in American democracy WHEREAS, the City of Bremerton is committed to ensuring every resident is counted; WHEREAS, more than $300 billion per year in federal and state funding is allocated to communities, and decisions are made on matters of national and local importance based on census data, including healthcare, community development, housing, education, transportation, social services, employment, and much more; WHEREAS census data determine how many seats each state will have in the U.S. House of Representatives as well as the redistricting of state legislatures, county and city councils, and voting districts; WHEREAS the 2010 Census creates hundreds of thousands of jobs across the nation; WHEREAS every Census Bureau worker ta a lifetime oath to protect; confidentiality and ensure that data identifying respondents or their household not be released or shared for 72 years; and WHEREAS, a united voice from businesses, government, community -based and faith -based organizations, educators, media and others will allow the 2010 Census message to reach a broader audience, providing trusted advocates who can spark positive conversations about the 2010 Census; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION]. The City of Bremerton supports the goals and ideals for the 2010 Census and will disseminate 2010 Census information to encourage participation. SECTION 2. The City of Bremerton asks its affiliates and membership to partner together to achieve an accurate and complete count. 1 2010 Census SECTION 3. The City of Bremerton encourages people in Bremerton to participate in events and initiatives that will raise overall awareness of the 2010 Census and increase participation among all populations. SECTION 4. The Mayor is authorized to execute a2010 Census Partnership Agreement with the U.S. Census Bureau with substantially the same terms as set forth in Exhibit A. SECTION S. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 6. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of , 2009. CECIL McC NNELL, Council President APPROVED AS TO FORM: ATTEST: A 'R GER A. LUBOVICH, City A y CAROL ETGEN, City Clerk R \Legal\Legal\Resolutions\2010 Census doc 2 2010 Census i ITS IN OUR HANDS 2010 Census Partnership Agreement, Form Thank you for becoming an official 2010 Census partner! The U.S. Census Bureau appreciates your support in ensuring the success of this monumental effort. Your support as a 2010 Census partner is important. Here's why: Every year, more than $300 billion in federal funds are awarded to states and communities based on census data. That's more than $3 trillion distributed over a 10 -year period. Census data guide local decision- makers in important community planning efforts, including where to build new roads, hospitals and schools. Census data affect your voice in Congress. The census determines how many seats each state will have in the U.S. House of Representatives as well as the redistricting of state legislatures, county and city councils, and voting districts. The goal of the Census Bureau's partnership program is to combine the strengths of local governments, community -based organizations, faith -based organizations, schools, media, businesses and others, to ensure a complete and accurate 2010 Census. The Census Bureau will provide promotional materials, regular updates and data assistance to partners to assist - - - in effort: Together, through - this - partnership, - we - can en tho ZDTO - Cen "sus message is - -- - " delivered to every corner of the nation. Achieving a complete and accurate 2010 Census is In our hands. United States U S C E N S U S B U R E A U ,.ExxIBIT a Census 2010 There are many ways your organization can get Involved and support the 2010 Census: 'Please check activities in which you are interested m participating u Use 2010 Census drop -in articles, messages and ❑ Use and distribute educational materials logos in newsletters, mailings, and other in -house ❑ Participate in a speakers bureau for the 2010 communications (e -mail, Web site, etc) Census ❑ Appoint a liaison to work with the Census Bureau ❑ provide a translator and /or translate 2010 Census u Encourage employees and constituents to materials complete and mail their questionnaire. ❑ Issue a public endorsement for the 2010 Census ❑ Display and /or distribute 2010 Census promotional and send an endorsement to members, chapters materials or affiliates. ❑ Identify lob candidates and /or distribute and ❑ Place 2010 Census articles in your newspapers/ display recruiting materials newsletters /magazines Write census editorials, and cover census events /programs Donate space ❑ Provide space to test lob applicants. for census advertisements. ❑ Provide space to train new employees. ❑ Air 2010 Census PSAs and B -Roll, and cover ❑ Provide space for Be Counted sites and /or census events /programs Questionnaire Assistance Centers. ❑ Engage regional and local chapters of your ❑ Provide volunteers for census promotional events organization ❑ Put the 2010 Census on the agenda at meetings ❑ Provide speaking opportunities and exhibit space and /or allow presentations by Census Bureau staff. at conferences or trade shows ❑ Organize and /or serve as a member on a ❑ Participate in 2010 Census partnership kick -off Complete Count Committee meetings. ❑ Sponsor community events to promote ❑ Highlight key 2010 Census operational events in participation in the 2010 Census newsletters or other publications. ❑ Allow the Census Bureau to post your ❑ Volunteer or participate in Census Bureau - organization's name on the 2010 Census Web site sponsored events. ❑ Link to the 2010 Census Web site from your ❑ Other organization's Web site. We would like to acknowledge your organization as a partner for the 2010 Census. Please fill out the information below so we can keep you and your organization updated on what's happening with the 2010 Census communications campaign, send you updates on relevant e vents a nd activities and provideyou with outreach ma ter i als. Name Name: Title Title: Organization- Organization U.S. Census Bureau Phone Phone. E -mail E -mail Signature Signature Date Date Congratulations and thank you again for being an official 2010 Census partner! Together, through this partnership, we can ensure a complete and accurate 2010 Census. U S C E N S U S B U R E A U Census 2010 DATE SUBMITTED: AGENDA BILL &is CITY OF BREMERTON CITY COUNCIL SUBJECT: 2009 Budget Amendment and Committee Meeting Date: September 23, 2009 Professional Services Agreement for COUNCIL MEETING Date: October 7, 2009 Shoreline Master Program (SMP) Update Department: DCD Presenter: JoAnn Vidinhar Phone: 360- 473 -5297 SUMMARY: 1) State law requires the City of Bremerton to update its SMP by 2012. The State Department of Ecology has awarded the City a $200,000 grant to complete the work. The City does not have the professional expertise to complete all the necessary work for an Update this size, and therefore is seeking an outside consultant. The City has selected Parametrix as its consultant following a Request for Proposals submittal and review process. A Professional Services Agreement between Parametrix and the City for $99,986 needs to be duly executed. 2) The Department budget needs to be adjusted to perform the work, as follows: Revenue and Year Expenditures Tasks 2009 $ 30,000 Preliminary Assessment; Public Participation Plan Shoreline Inventory, Analysis and Characterization; 2010 $ 80,000 Shoreline Policy and Regulations Environmental Designation; Cumulative Impacts 2011 $ 80,000 Analysis; Restoration Plan 2012 $ 10,000 Finalize SMP; Local Adoption Process ATTACHMENTS: Shoreline Master Program Update Professional Services Agreement and Attachment A - Scope of Work FISCAL IMPACTS: Adjust the DCD 2009 budget for revenue and expenditures by $30,000 and include the allocation of funds as o i ed above in subsequent year's budgets. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: �• - ` C- a z�tiG� COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA f GENERAL BUSINESS PUBLIC HEARING RECOMMENDED MOTION: Move to amend the 2009 DCD budget for revenue and expenditures in the amount of $30,000 and authorize the Mayor to finalize and execute the agreement with Parametrix in the amount of $99,986 with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action PROFESSIONAL SERVICES AGREEMENT Shoreline Master Program Update The City of Bremerton ( "City ") and Parametrix ( "Consultant "), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated August 2009, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $99,986. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Parametrix Shoreline Master Program Update Page 1 of 6 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. 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. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub - Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of ,,managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: 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 attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. 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. 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. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/Parametrix Shoreline Master Program Update Page 2 of 6 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub - consultants or sub - Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence /claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims- made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Bremerton/Parametrix Shoreline Master Program Update Page 3 of 6 VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. 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 Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: 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 Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bellevue, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. Bremerton/Parametrix Shoreline Master Program Update Page 4 of 6 F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address JoAnn Vidinhar Jan Cassin City of Bremerton Parametrix 3456 th Street, Suite 600 411 108 Avenue NE, Ste 1800 Bremerton WA 98337 Bellevue WA 98004 I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non - Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred 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 and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the Bremerton/Parametrix Shoreline Master Program Update Page 5 of 6 other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non - performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON PARAMETRIX By: By: its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R \LEGAL \Contracts\FORMS \Professional Services Agreement Form (2003) doc Bremerton/Parametrix Shoreline Master Program Update Page 6 of 6 I ATTACHMENT A — SCOPE OF WORK 2 City of Bremerton 3 Shoreline Master Program 4 OVERVIEW OF SCOPE OF WORK 5 The goal of this scope of work is to clearly describe the tasks necessary to complete the City of 6 Bremerton Shoreline Master Program update by February 2012. This scope specifies tasks to be 7 completed by the Parametrix team (hereafter Consultant) as well as specific tasks to be completed by 8 Bremerton staff. The scope of work includes 5 phases, with individual tasks. The scope includes goals, 9 approach, deliverables and assumptions for each task and serves as the basis for the associated budget 10 cost estimate. 11 Assumptions Applicable to all Phases and Tasks: 12 • The Consultant will provide deliverables to the City in electronic format. Unless otherwise 13 specified, deliverables will be in PDF, Microsoft Word or Microsoft Excel. 14 • The City will have the primary responsibility for implementing the Public Participation plan with 15 assistance, as specified, from the Consultant. The city will be responsible for identifying and 16 coordinating with key stakeholders, including property owners, state agencies, tribes, and 17 neighboring jurisdictions. Unless otherwise specified under specific phases and tasks, the City 18 will produce and print paper reports, memos, agendas etc. as needed, for agency, public Planning 19 Commission and City Council review. For all public, committee, and other meetings, the City 20 will be responsible for scheduling, notice, text, reports and records of meetings. The City will 21 prepare meeting exhibits unless included in specific Consultant deliverables. 22 • The City will e -mail all Consultant deliverables in electronic file to the Ecology project officer. 23 The city shall track all Ecology, agency and public comments and shall maintain a record of 24 written response as required by the Grant Agreement. The City and Consultant will jointly 25 develop a matrix format for comments and responses to enable Consultant responses to be readily 26 integrated into the City's overall records. 27 • For review comments on deliverables including Technical Reports and Draft Code text, the City 28 will collate comments and resolve conflicts among reviewers. One set of comments containing 29 all comments by reviewers will be provided to the Consultant in a tracking matrix of comments 30 and responses in MS Word or Excel format. The City will request clarification of the individual 31 reviewer for comments that are unclear or ask questions. If issues are technical in nature, the 32 Consultant will directly contact individual reviewers to discuss comments and clarify issues 33 within the constraints of the budget. The consultant will track comments and responses in a 34 matrix format developed by the consultant and Bremerton staff. 35 • For each deliverable, the Consultant will prepare one draft and one final version, except if 36 otherwise specified. This means there will be two (2) opportunities (total) for the City and 37 Ecology and other agencies to comment. The first review will be comprehensive and will raise 38 all substantive issues. The second review is to confirm that the responses adequately address the 39 comments from the first review. No additional substantive comments will be raised in the second 40 review. If needed, the Consultant will revise the final deliverable if there are specific issues 41 where reviewers believe the Consultant responses did not adequately address reviewer's issues City of Bremerton SMP Update l 08 -28 -09 Scope of Work 42 and will be limited to specific issues identified. Review by Ecology is presumed to take place for 43 each of the work products. If Ecology review is not timely, the City will determine whether to 44 proceed without input (or with incomplete input) or adjust the schedule. 45 • Consultant will provide the City with one hard copy and one electronic copy of all deliverables. 46 • The schedule for deliverables to the City in this scope assumes Consultant will receive City 47 comments on draft deliverables within one week of submitting the draft to the City. 48 • The exact level of assistance that the City will need on public involvement is difficult to predict; 49 City and Consultant will re -visit assumptions about public involvement and refine tasks during 50 scoping meetings throughout the project — initially following completion of the Public 51 Participation Plan, and then at the beginning of new Phases to adjust specific tasks as needed. For 52 this scope, Consultant assistance and/or participation in public involvement meetings (including 53 meeting with Planning Commission and City Council) are specified under individual tasks. 54 Consultant will budget for these meetings based on hourly rates for staff participation; if 55 additional assistance is needed for public involvement tasks, Consultant and City will revisit and 56 adjust allocation of resources to meet those needs. 57 • The scope assumes that the City will have the primary responsibility of integrating work 58 produced for the SMP update into the City GIS system. At the beginning of the project, the City 59 will provide Consultant with information needed to support compatibility of the GIS products for 60 the SMP update with system standards and long -term use by the City. GIS mapping for the SMP 61 update will be completed by the Consultant, consistent with those standards to the extent possible 62 given the project budget. GIS data layers used in the analysis by the Consultant will be created or 63 obtained from existing data sources including the City, Kitsap County, WDNR, Ecology, WDFW 64 and other agencies. Analysis performed by the Consultant will include coordination with the City 65 to obtain necessary data and will include transmittal of the results of the analysis to the city to be 66 integrated with the GIS system. Consultant will produce GIS maps for the Technical Reports and 67 SMP Reports. 68 • Meetings are assumed to occur at the Norm Dicks Office building, other locations within the City 69 of Bremerton or at the Consultant's offices in Bremerton, or at Ecology offices in Bellevue. 70 • The City will prepare the SMP Submittal Checklists and provide these to Ecology. 71 • Actions by the City or Ecology that cause schedule delay will be considered out of scope and may 72 result in a concomitant delay in the number of days that the Consultant deliverables are due. 73 Review of Consultant work products by Ecology or other agencies is a key component of the 74 project that is not under the control of the City or Consultant. The City will be responsible for 75 tracking Ecology and agency comments and determining whether to proceed on project elements 76 if agency input is incomplete. 77 TASK A: PROJECT MANAGEMENT AND COORDINATION 78 Project management tasks will be on -going during the project and include coordination with the City and 79 Ecology (as needed); managing and tracking scope, schedule, and budget status; quality assurance /quality 80 control of deliverables; and progress reports and regular communications with the City. City of Breinei ton SMP Update 2 08 -28 -09 Scope of Work 81 Goals and Objectives 82 Maintain constant and thorough communications with City staff to maximize teamwork and productivity 83 while minimizing rework. Maintain control of the project scope, budget, and schedule. Provide quality 84 service and products to the City of Bremerton. 85 Project Management tasks will address: 86 • The relationships among the Consultant team, City staff, and Ecology will be defined and detailed 87 in a Project Management Plan including protocols for coordination on substantive issues, review 88 of draft products, schedule and budget tracking and an understanding of how the project team will 89 respond to unanticipated change. 90 Approach 91 Coordinate with City and manage work of the Consultant team: 92 • Prepare a Project Management Plan to guide performance of the work, communications, change 93 management, and scope, schedule and budget management. 94 • Hold frequent team meetings (weekly during active phases of the project) to coordinate schedule 95 requirements and review technical problems and other matters of significance to the progress of 96 the work. 97 Coordinate project documentation, including the following: 98 • Prepare necessary project correspondence, letters, memos, meeting minutes, etc., to support the 99 project work. Maintain a central file for written materials. 100 • Provide all Technical Memoranda and Draft Code text to the city in MS Word format. 101 Coordinate with Bremerton Staff on all aspects of project completion, including the following: 102 • Prepare and submit monthly progress billings to the City 103 • Provide additional identification of issues and proposed solutions if unforeseen issues arise 104 • Keep a log of Consultant team contact with Ecology, other agencies and the public, and transmit 105 cc's of emails and other correspondence to the Bremerton Project Manager 106 Deliverables 107 • Project Management Plan (Phase 1); Updated Plan at beginning of subsequent Phases. 108 • Monthly progress reports. The monthly report, addressing progress of the work shall include, as 109 appropriate: 110 ■ A summary of actual versus scheduled cost 111 ■ A summary of actual versus scheduled progress 112 ■ A narrative to define unanticipated issues, responsive action requirements by the Consultant 113 and City 114 • Additional progress reports or identification of unanticipated issues as needed Cuv of Bremerton SMP Update 3 08 -28 -09 Scope of Worn 115 Assumptions 116 • Meetings with City of Bremerton staff will be held by phone when possible and to the extent 117 possible, will be scheduled on days when other meetings are scheduled. 118 • City of Bremerton staff will determine the staff from the City that will participate in all meetings. 119 • City of Bremerton staff will provide all logistical support for public, agency, and Planning 120 Commission meetings including scheduling, notice, sending out agendas, designating meeting 121 rooms, tracking attendance, taking the official meeting notes, and sending out meeting minutes or 122 summaries to all participants for review and finalizing meeting records. Exhibits to be prepared 123 by the Consultant are indicated as deliverables in each task below. 124 • The duration of contract is September 2009 through February 2012. Delays due to unforeseen 125 circumstances may result in additional effort necessary for project management and 126 administration. 127 PHASE 1: SHORELINE JURISDICTION, REVIEW OF EXISTING SMP, AND PUBLIC 128 PARTICIPATION PLAN 129 (Ecology Grant Agreement Tasks 1.1 and 1.2) 130 Goals and Objectives 131 This is the initial, key collaborative step that establishes the boundaries of shoreline jurisdiction and the 132 areas that will be included in the SMP update, reviews the existing program to identify needs, and 133 establishes the structure for working closely with stakeholders throughout the project. 134 The objectives of this Phase are (1) to identify the areas under shoreline jurisdiction and prepare draft 135 maps of the areas to be included in the City of Bremerton's (City) SMP update; (2) conduct a preliminary 136 review of the City's existing SMP; and (3) prepare the Public Participation Plan that will guide the public 137 involvement process. 138 Task 1.1: Preliminary Shoreline Jurisdiction Maps and Review of Existing Program 139 Approach 140 Subtask 1.1 a 141 This subtask will define the geographic boundaries and scope of the shoreline update and produce 142 preliminary shoreline jurisdiction maps. This step will identify shoreline jurisdiction consistent with the 143 requirements of RCW 90.58.030(2) — Shorelines of Statewide Significance and Shorelands; including: 144 • Marine shorelines 145 • Rivers and streams with mean annual flow over 20 cfs 146 • Lakes and reservoirs greater than 20 acres 147 • Wetlands associated with these areas 148 • Lands within 200 feet of the ordinary high water mark (OHWM) 149 • All or part of floodplains landward of the 200 -foot mark from the floodway 150 • Buffers necessary for the protection of critical areas under the Growth Management Act (GMA) 151 • Shorelines in future annexation areas or unincorporated Urban Growth Areas 152 • Floodways, and floodplain areas 200 feet landward of the OHWM Citv of Bremer ton SMP Update 4 08 -28 -09 Scope of Work { 153 Subtask I lb 154 A gap analysis will be conducted to review and identify where the existing shoreline program is 155 consistent (or not) with current guidelines and regulations for SMPs, including regarding best available 156 science requirements under the GMA. This analysis will identify specific issues that need to be addressed 157 in updating shoreline goals, policies, regulations, and environmental designations. 158 Assumptions 159 • This SMP update will include the area within the current City boundaries and two areas 160 planned for future annexation by the City of Bremerton: the South Kitsap Industrial Area 161 and the Gorst lower watershed area. 162 • The City will provide Parametrix with maps showing the boundaries of future annexation 163 areas to be included in the SMP update. 164 • Review of the existing SMP will include a review of the 2006 proposed amendments. 165 • The City will submit the Draft Preliminary Shoreline Jurisdiction Maps to Ecology. 166 Consultant Deliverables Task 1.1 167 • For Subtask 1.1 a: a set of draft maps showing the preliminary boundaries of shoreline 168 jurisdiction based on existing data related to the presumed location of the ordinary high 169 water mark and associated wetlands with the understanding that precise delineation of 170 shoreline jurisdiction requires site - specific evaluation. A Technical Memorandum 171 reviewing criteria for Shoreline Management Act jurisdiction used to identify the 172 shoreline jurisdictional boundaries, and identifying any changes required to existing City 173 jurisdictional maps. Draft delivered to Bremerton Staff: September 16, 2009; Final 174 delivered to Bremerton Staff on September 28, 2009 (Assuming review comments 175 received from City by September 21, 2009). (Ecology Task 1.1 Ecology due date 176 September 30, 2009). 177 • For Subtask 1. 1 b: a Technical Memorandum describing the results of the gap analysis 178 with recommendations for specific issues to be addressed, or information that needs to be 179 included in the SMP update. Delivered to Bremerton Staff September 25, 2009. 180 Bremerton Deliverables Task 1.1 181 • Submit Draft Shoreline Jurisdiction Maps to Ecology (Due September 30, 2009). 182 Task 1.2: Public Participation Plan 183 (Ecology Grant Agreement Task 1.2) 184 Goal and Objectives 185 Provide a Public Participation Plan (Plan) that can guide the public involvement process throughout the 186 SMP update. 187 Approach City of Bremerton SMP Update S 08 -28 -09 Scope of Wor6 188 A Public Participation Plan will be prepared that identifies specific objectives, key parties, property 189 owners, state agencies, tribes, neighboring jurisdictions and established timelines for citizen participation 190 activities. Efforts will be made to include recreationists /conservationists and organizations that may not 191 typically seek involvement in new shoreline regulations. The plan will identify appropriate means of 192 participation for key stakeholders. Various methods can be employed for different groups ranging from 193 public meetings and workshops that involve a broad cross - section of the public to direct notification to 194 affected property owners, newsletter articles, website posting, news releases, legal notices, document 195 circulation, public workshops and hearings. 196 A detailed outline of the Public Participation Plan will be included in the Project Management /Work Plan, 197 to include preliminary identification of stakeholders, outreach plan and preliminary schedule, 198 participation tools, and process for document review /public input on documents. A working meeting will 199 be held with City staff to review this outline and gather information and input from the City on 200 identification of key stakeholders, preferred strategies for outreach, and schedules for outreach and 201 meetings. The Draft and Final Plan will be prepared following this initial meeting. 202 Elements of the public participation plan include the following: 203 • Establish goals and objectives of public involvement 204 205 • Identify internal (City) and external stakeholders 206 207 • Strategy and recommended approach for engaging stakeholders (may be different for different groups) 208 209 • Strategy for outreach and communication about the shoreline update 210 211 • Recommended type of outreach events 212 213 • Recommendations for a facilitator(s) for stakeholder meetings 214 215 • Development of surveys or questionnaires to solicit input 216 217 • General schedule for stakeholder input and solicitation of input during the SMP process 218 219 • Methods for documenting public involvement and input 220 221 • Methods for addressing and incorporating public input 222 223 • Outline of the public participation update section that will go in quarterly progress reports 224 As specified, in the task descriptions for this Phase, the Consultant will provide the City with assistance 225 on selected public involvement tasks. Assistance with public involvement in subsequent Phases is 226 included under those Phase tasks later in this scope. Assistance in Phase I will include: 227 • Provide examples of survey questions and input on the survey to be sent to shoreline property owners; 228 • Assist in preparation of informational posters on the SMP Update for display at public events; 229 • Participate in a tour of the marine shorelines with City and key stakeholders; City of Bremer ton SMP Update 6 08 -28 -09 Scope of Work 230 • Assist with development of a logo for the SMP Update; Consultant will prepare 2 -3 draft logos for the 231 City to review and discuss, and then based on the selected logo, prepare a final graphic to be used by 232 the City on outreach materials. 233 Assumptions 234 • Bremerton Staff will be primarily responsible for briefings of the Planning Commission and City 235 Council with assistance from the Consultant as specified for individual tasks. 236 • Bremerton Staff will initiate coordination with adjacent jurisdictions engaged in similar SMP 237 update tasks, for the purpose of efficiently using grant funds, sharing information and methods of 238 analysis, drafting compatible SMP policies, regulations, environment designations and 239 coordinating public involvement and will transmit other jurisdiction comments to the Consultant, 240 or invite other jurisdictions to scheduled meetings consistent with Task A of the 241 Bremerton/Ecology Agreement. 242 • City staff will be responsible for the logistical work to arrange facilities and inform attendees 243 about meeting times /locations, prepare agenda and meeting records. 244 • Exhibits to support public participation will be produced by City staff with assistance from the 245 Consultant as specified for individual tasks. 246 • Bremerton Staff will e -mail the electronic file of public participation plan and strategy consistent 247 with Chapter 90.58.130 to Ecology project officer consistent with Task 1.2 of the 248 Bremerton/Ecology Agreement (Due: October 31, 2009) 249 • Parametrix will assist City with development and production of communication materials for 250 mailings, website, and public meetings 251 • The City will maintain the project website. 252 • Consultant staff participation at meetings is limited to 2 hours, plus travel time, unless otherwise 253 specifically provided under individual tasks. 254 • Bremerton staff may revise the allocation of meetings or duration of meetings within the total 255 Consultant hours provided for meetings. 256 Consultant Deliverables 257 • Draft Public Participation Plan. Delivered to Bremerton Staff October 9, 2009. 258 • Final Public Participation Plan. Delivered to Bremerton Staff October 23, 2009; assuming 259 review comments received by October 16, 2009. 260 • Draft and Final logo. Draft delivered to Bremerton Staff on October 23; Final on 261 November 6, 2009. 262 • Revised Public Participation Plan to incorporate Ecology comments; Due two weeks 263 following receipt of Ecology comments. City of Bremerton SMP Update 7 08 -28 -09 Scope of Work 264 Bremerton Deliverables 265 • Bremerton Staff will e -mail the electronic file of public participation plan and strategy 266 consistent with Chapter 90.58.130 to Ecology project officer consistent with Task 1.2 of 267 the Bremerton/Ecology Agreement (Date due: October 31, 2009) 268 • During public involvement for the project, Bremerton Staff will maintain a comment 269 response matrix of all comments received from Ecology, other agencies, from the public 270 and stakeholders, Planning Commission, City Council and other forums and provide to 271 the Consultant periodically as new information is added. 272 PHASE 2: SHORELINE INVENTORY AND ANALYSIS 273 (Ecology Grant Agreement Task 2.1 and Task 2.2) 274 Goals and Objectives 275 The shoreline inventory and analysis provides a factual basis for shoreline policy and regulatory 276 decisions, preliminary cumulative impact analysis, and restoration planning. The Consultant will assist 277 the City in identifying and obtaining existing information on watershed -scale processes and shoreline 278 ecological functions and land use, and compiling the GIS maps. The inventory will be used to 279 characterize existing conditions and provide a baseline from which future conditions can be assessed. - 280 Phase Approach 281 The inventory and analysis will follow a logical process outlined in the Shoreline Guidelines and the 282 Ecology grant. The Consultant will manage information resources in a manner that produces focused and 283 useful information for making shoreline management decisions. 284 Task 2.1 — Complete Shoreline Inventory 285 Goals and Objectives 286 Identify, obtain, and compile existing shoreline information, review information for relevance, identify 287 data gaps, and prepare draft list of data sources. Use the data to compile an inventory of existing 288 shoreline ecological functions and land use patterns, summarizing this information on a set of working 289 maps. The inventory will inform the analysis and characterization (Task 2.2). 290 Approach 291 Subtask 2.1 a: Compiling Information. The Consultant will compile a list of available data sources 292 relevant to the shoreline inventory and analysis, and evaluate the adequacy of the information for the 293 analysis. The City will review the list and augment with any additional information resources in their 294 possession. Existing information and technical studies produced via the WRIA planning processes, the 295 East Kitsap County Nearshore Habitat Assessment (EKNHA), and relevant studies on Puget Sound will 296 provide much of the required information. The Consultant will work with City staff to identify existing 297 GIS data from a variety of sources through review of sources used in current studies. Data sources will 298 likely include the existing City system, Kitsap County, the U.S. Army Corps of Engineers, FEMA, 299 WSDOT, Ecology, DNR, USGS, Puget Sound Nearshore Ecosystem Restoration Program (PSNERP), 300 Puget Sound Partnership (PSP), and other sources. The Consultant will evaluate the appropriateness of 301 available information for the purpose of this study, and for future public and perrmt center working maps 302 for administration of regulations. City of Bremer ton SMP Update 8 08 -28 -09 Scope of Work 303 This evaluation includes a data gap analysis to identify key resource issues that are not understood 304 adequately based on existing information and that are needed to address the inventory elements listed in 305 the Shoreline Guidelines 306 Subtask 2.Ib: Inventory Shoreline Conditions. The Consultant will use existing reports, maps, aerial 307 photos, oblique photos and GIS data to inventory shoreline ecological conditions and land use patterns 308 along the City's shorelines. Information compiled as part of the inventory will include the following at a 309 minimum (to the extent such information is pertinent and readily available): 310 • Shoreline vegetation 311 • Shoreline modifications, including docks, bulkheads and other structural modifications 312 0 Fish and wildlife use and habitats 313 • Current land use patterns within and adjacent to shorelines 314 • Zoning and Comprehensive Plan land use designations 315 • Transportation and utility facilities 316 • Critical areas as defined in RCW36.70A and Bremerton Municipal Code 317 • Degraded areas with potential for restoration 318 • Existing and potential public access sites 319 • Channel migration zones (if any) 320 • FEMA floodplam and floodway 321 • Known archaeological and historic sites 322 • Public lands, parks and recreational areas 323 • Geology and soils 324 • Aquifer recharge areas 325 • Frequently flooded areas 326 • 303(d) listed waterbodies 327 • Shellfish growing areas 328 • Priority habitats or species locations 329 • Eroding shorelines 330 • Drift cells 331 The Consultant will review criteria defined in RCW 90.58.030 used to identify and map Shorelines of the 332 State within. the City's jurisdiction and any Potential Annexation Areas (PAAs), as well as areas of 333 special interest, rapidly developing waterfronts, previously identified toxic or hazardous material clean -up 334 sites, and eroding shorelines. The Consultant will recommend whether new information indicates a need 335 to change the definition or extent of shoreline jurisdiction described in the current Shoreline Master 336 Program or preliminary working jurisdictional maps. City of Bremer ton SMP Update 9 0$_28.09 Scope of WorA 337 Consultant Deliverables 338 • Technical Memorandum evaluating available information, including a bibliography of existing 339 studies, GIS information; information available in non -GIS format that may be integrated in the 340 GIS system; additional data needs not included in existing information (data gaps) and proposed 341 methods for integrating external data with the City GIS system. Delivered to Bremerton Staff: 342 November 15, 2009. 1 343 • Working set of GIS maps summarizing information on shoreline ecological functions and land 344 use. Delivered to Bremerton Staff. December 30, 2009. 345 • Shoreline Inventory Technical Report, Delivered to Bremerton Staff: January 29, 2010 (Ecology 346 Task 2.1 due February 28, 2010). 347 Bremerton Deliverables 348 • Bremerton staff will prepare and deliver to the Consultant a list of all GIS resources in the city 349 system, existing technical studies prepared for the city since 2002 on critical areas within the 350 shoreline and plans and permit conditions for recent development approved or proposed on the 351 shoreline. Depending on the volumes of reports available, not all reports may be reviewed or 352 utilized liy the Consultant. Delivered to Consultant: September 30, 2009. 353 • Specifications for GIS -based digital working maps of inventory information, which are required 354 to support compatibility of the inventory maps with existing City GIS. Delivered to Consultant: 355 October 1, 2009. 356 Assumptions 357 • The Consultant will be primarily responsible for assembling GIS information from the City 358 system and other sources, including a list of citations for all data layers. The Consultant will be 359 responsible for preparing all GIS based maps and exhibits, with coordination from the City on 360 content and format. 361 • In keeping with the Shoreline Guidelines (WAC 173 -26), which specify that the inventory and 362 characterization be based on existing information (as opposed to data collection or field work), 363 The Consultant intends to limit field reconnaissance to one or two day "spot checks" of areas of 364 special interest. The purpose of the "spot checks" would be to "ground- truth" observations 365 derived from existing information. This will include a one -day survey of the Bremerton Marine 366 Shoreline. A contingency for boat rental is included in the budget. 367 Task 2.2: Shoreline Analysis and Characterization 368 (Ecology Grant Agreement Task 2.2) 369 Goals and Objectives 370 Develop a detailed understanding of the relationship between ecosystem -wide processes and shoreline 371 functions and document findings to support subsequent phases and tasks. 372 Approach 373 The Consultant will analyze and integrate the information provided in the inventory (Task 2. 1), the 374 characterization of ecosystem processes (Task 2.2.1), and the assessment of shoreline ecological functions City of Bremei ton SMP Update 10 08 -28 -09 Scope of Work 375 (Task 2.2.2), and summarize findings in a report and map folio. Findings will inform shoreline policy and 376 regulatory development and protection and restoration opportunities. 377 This analysis will be conducted as three subtasks — characterize ecosystem -wide processes; characterize 378 shoreline functions; and identify opportunities. Together these analyses will: 379 • Present the geographic (watershed or drift cell) and jurisdictional boundaries or context for the 380 SMP update. 381 • Qualitatively characterize ecosystem processes that affect Bremerton's shorelines. 382 • Characterize ecological functions of Bremerton's shorelines. 383 • Identify future opportunities for shoreline protection, restoration, public access and potential use 384 conflicts so as to inform later environment designation and allowed use decisions. 385 • Develop the foundation for cumulative impacts analysis — current and projected shoreline land 386 use patterns and potential use conflicts. 387 • Present the findings of the shoreline analysis in text and graphic form, including initial 388 recommendations for protection and restoration of ecological functions. 389 The results from the three subtasks will be summarized in three separate Technical Reports with maps 390 (see Deliverables section below); these three reports will provide the foundation for the preparation of the 391 overall Shoreline Inventory and Characterization Report (Task 2.3). 392 Subtask 2.2.1 Characterize Ecosystem -wide Processes 393 Goals and Objectives 394 Identify natural watershed -scale or drift cell -scale process controls and management activities that 395 influence shoreline ecological function and highlight key issues for managing shoreline resources. 396 Approach 397 This characterization will present a coarse analysis of the broader area that influences the City's shoreline 398 jurisdiction. It will include a narrative and a limited number of maps describing and illustrating the 399 processes in the larger drainage area or marine shoreline linked to shoreline ecologic functions. These 400 processes include the uptake, transport and deposition of water, sediment, nutrients, organic matter, 401 heat /light, and pollutants. Specifically, the description of ecosystem processes will: 402 • Present the basic geographic context — geology, soils, topography, climate, vegetation, and 403 drainage patterns, and a description of how these are relevant to the shoreline. This information 404 may be available through existing regional watershed or natural resource related plans. 405 • Identify basic ecological processes in the geographic context of the City that are linked to 406 shoreline conditions — large woody debris recruitment, biological processes, groundwater and 407 surface water patterns, wind and wave energy, sediment dynamics (source, transport, deposition). 408 • Location of areas of alteration or impairment to ecological processes (e.g., shoreline armoring, 409 impervious surfaces). 410 • Identify critical habitat areas (e.g., salmon spawning, eelgrass, or estuaries). City of Bremer ton SMP Update ! ! 08 -28 -09 Scope of Work 411 • Identify potential areas where degraded shoreline processes and functions could be restored 412 through either site specific or programmatic actions. 413 • Note location and nature of major human physical land uses within the watershed that affect 414 ecosystem -wide processes, e.g., dams, major roads, railroads, land alteration patterns, industrial 415 developments. 416 • Note location and nature of known pertinent parameters or sites relating to regulatory activities, 417 e.g. TMDL, ESA listings, contaminated sites. 418 • Identify issues that can be addressed through the SMP and those addressed through other 419 planning and regulatory efforts either because they are outside of SMA jurisdiction, or that 420 primary regulatory responsibility is assigned to state or federal agencies (MCTA, ESA, etc.). 421 • Identify preliminary opportunities for protection/restoration of areas outside SMA jurisdiction 422 and nearby uplands and adjacent areas essential for maintaining shoreline form and function. 423 The characterization of ecosystem -wide processes will provide a context for Task 2.2.2. This analysis will 424 incorporate existing data, GIS analysis /mapping, and published information from relevant studies such as 425 the East Kitsap County Nearshore Habitat Assessment, WRIA 15 Salmon Recovery planning, and 426 relevant Puget Sound shoreline assessment studies. 427 Assumptions 428 0 The characterization of ecosystem -wide processes will rely primarily on data from inter - 429 jurisdictional, watershed, or regional inventories pursuant to WAC 173- 26- 201(3)(c). This 430 analysis will incorporate existing data, GIS analysis /mapping, published information from WRIA 431 15, and Central and South Puget Sound, and the results of the East Kitsap County Nearshore 432 Habitat Assessment to the extent that the Kitsap County model results and underlying data are 433 available, useable, and accurate. 434 Subtask 2.2.2: Characterize Shoreline Functions 435 Goals and Objectives 436 The analysis of shoreline reach functions will assess existing shoreline conditions at a finer or reach scale 437 within the City of Bremerton in the context of ecosystem -wide processes identified in Task 2.2.1, and 438 establish an environmental baseline for shoreline planning and regulation. 439 Approach 440 This shoreline analysis will be a more detailed analysis of the City's shoreline jurisdiction that includes a 441 narrative with references to maps and GIS data. The characterization will evaluate and assess shoreline 442 ecological functions based on the current scientific data. The shoreline will be separated into reaches 443 based on land use and'ecological processes (such as man -made physical features, stream confluences, 444 and /or land use patterns). Functions will be described as they are associated with each shoreline reach. 445 Specifically, this characterization will: 446 • Divide shorelines into smaller segments or reaches for analysis based on similarity of physical 447 and biological conditions, and shoreline and adjacent land use characteristics. City of Bremerton SMP Update 12 08 -28 -09 Scope of Work 448 • Evaluate the physical, biological and land use characteristics of the shorelines to determine the 449 overall condition of the habitat and shoreline resources. 450 • Evaluate and assess shoreline ecological functions based on current scientific understanding of 451 conditions within shoreline jurisdiction. 452 Reach information will be organized by major watersheds, drift cells, or substantial differences in existing 453 and future land use and categories may include: 454 • Gorst Creek 455 • Downtown Waterfront 456 • Port Washington Narrows 457 • Oyster Bay, Ostrich Bay, and Phinney Bay 458 • Sinclair Inlet /Gorst Estuary 459 • Lake Kitsap 460 • Union Reservoir 461 Subtask 2.2.3: Shoreline Use and Opportunities Analysis 462 Goals and Objectives 463 Utilize the Inventory/Analysis to identify potential opportunities and possible impediments to the 464 protection and restoration of ecological functions as well as current and potential land use and public 465 access opportunities and constraints to inform policy decisions on the Shoreline Master Program. As 466 needed, this Task will also refine the shoreline jurisdiction boundaries developed in Task 1.1. 467 Approach 468 This effort is based on the inventory/characterization and will flow naturally from the methodology and 469 presentation structure. 470 Two basic types of opportunities will be identified: 471 • Ecological functions 472 ■ Protection 473 ■ Restoration 474 • Land use opportunities 475 ■ Water dependent, water related and mixed use opportunities 476 ■ Public access opportunities 477 Ecological protection and restoration opportunities will be largely addressed by the 478 inventory/characterization subtasks above. An important perspective will be provided by the ecosystem - 479 wide analysis in identifying functions that can be provided in Bremerton and those that are more 480 effectively provided elsewhere in the watershed It is critical that the SMP recognize this and provide 481 opportunities for off -site and on -site mitigation and enhancement. The Consultant team will identify what 0 r ofBiemerton SMP Update 13 08 -28 -09 Scope of Work 482 resources should be the focus in Bremerton and where other opportunities in the watershed should be 483 pursued. 484 Land use opportunities will be driven both by the Bremerton Comprehensive Plan and by the desires of 485 local communities. 486 • Water related use opportunities —One of the central goals of the SMA is to prefer uses that are 487 unique to or dependent upon use of the state's shoreline including ports, shoreline recreational 488 uses (including but not limited to parks, marinas, piers, and other improvements facilitating 489 public access to shorelines), industrial and commercial developments that are particularly 490 dependent on their location on or use of the shorelines of the state, and other development that 491 will provide an opportunity for substantial numbers of people to enjoy the shorelines of the state. 492 We anticipate this will be assessed through: 493 ■ Identification of existing resources and the extent of use, particularly seasonal overcrowding. 494 ■ Providing an estimate of future demand for shoreline use consistent with WAC 173 -26- 495 201(3)(d)(ii) requirements based on: 496 ■ Moorage demand projections based on both growth in boating ownership and options for 497 storage or moorage 498 ■ Shoreline park demand based on IAC guidelines and local polices. 499 ■ Demand for mixed -use development based on the Bremerton Comprehensive Plan and 500 economic development goals. 501 • Public shoreline access opportunities will be addressed based on the demand analysis as well as 502 on sites identified in the inventory /characterization. The potential for future access locations will 503 be based partially on existing transportation, utility, and public ownership patterns and also on 504 opportunities for acquisition or provision as part of new development or redevelopment. 505 Identification will be coordinated with the Bremerton and Kitsap County Parks, Recreation, and 506 Trails plans and policies, as well as NGOs active in the Bremerton area (e.g., Cascade Land 507 Conservancy, Kitsap Trees and Shorelines Association). 508 Opportunities will be identified for separate reaches of the shoreline. 509 Assumptions 510 • Analysis will be based primarily on the Inventory/Characterization or specific additional 511 information identified in the tasks above. 512 • Bremerton Staff will arrange for consultation and coordination with Ecology, other agencies and 513 adjacent jurisdictions and will forward comments to the Consultant. 514 • Review comments on the draft Technical Reports will be addressed and incorporated into the 515 Draft Shoreline Inventory and Characterization Report (Task 2.3). 516 Consultant Deliverables Task 2.2 517 • Draft Technical Report on Characterization of Ecosystem Wide Processes, with Map Folio. 518 Delivered to Bremerton Staff: March 30, 2010. 519 • Draft Technical Report on Characterization of Shoreline Functions, with Map Folio. Delivered to 520 Bremerton Staff. March 30, 2010. City of Bt emerton SMP Update 14 08 -28 -09 Scope of Work 521 • Draft Technical Report on Current and Potential Use, Public Access, and Restoration 522 Opportunities, with Map Folio. Delivered to Bremerton Staff: March 30, 2010. 523 Bremerton Deliverables Task 2.2 524 • Bremerton Staff will e -mail the Consultant Technical Report electronic files to the Ecology 525 project officer. 526 Task 2.3: Shoreline Inventory and Characterization Report 527 (Ecology Grant Task 2.3) 528 Goals and Objectives 529 Summarize and present the findings from the characterization of ecosystem -wide processes, shoreline 530 functions, and opportunities in a Draft Shoreline Inventory and Characterization Technical Report with 531 Map Folio 532 Approach 533 Using the three Technical Reports prepared for Task 2.2, the information from the shoreline analysis will 534 be presented in a Draft Shoreline Inventory and Characterization Technical Report and Map Folio. Task 535 2.3 will also include incorporating responses to Ecology review comments on the three draft Technical 536 Reports. 537 The Consultant will prepare a Shoreline Inventory and Analysis Report with accompanying maps 538 summarizing the information and data collected in Tasks 2.1 and 2.2 as they relate to development of an 539 effective SMP. The report will include synthesis maps at appropriate scales that illustrate findings and 540 correspond with the narrative. Maps will differentiate the land and water contained within the SMA 541 jurisdiction from adjacent lands and contributing drainages. 542 Coarse -scale maps will depict both the significant geologic, hydrologic, and ecologic features most 543 essential to maintaining shoreline form and function and those land uses that may have altered upland 544 processes influencing shoreline functions. Maps and /or aerial photos at the shoreline reach scale will 545 indicate applicable inventory features such as known presence of listed species, riparian vegetation, 546 existing land uses, mapped/known critical areas, and shoreline modifications to the extent such 547 information can be mapped using available data sources. Potential areas for shoreline uses, public access, 548 restoration and/or protection will be indicated. The portfolio will include a comprehensive list and map 549 of existing public access to shorelines. 550 Consultant Deliverables Task 2.3 551 • Shoreline Inventory, Analysis and Characterization Report and map folio to document the 552 preliminary results of the shoreline inventory and characterization as described above. (Ecology 553 Task 2.2 due May 31, 2010) Review Draft delivered to Bremerton Staff: April 30, 2009; Revised 554 Draft delivered to Bremerton Staff: May 24, 2010). 555 Bremerton Deliverables Task 2.3 City of Bremerton SMP Update 15 08 -28 -09 Scope of Work 556 • Bremerton will e -mail the Consultant Draft Inventory, Analysis and Characterization Report 557 electronic file to the Ecology project officer (Ecology Tasks 2.1, 2.2, and 2.3; Entire Phase 2 due: 558 May 31, 2010). 559 • Bremerton will prepare an SMP Submittal Checklist for tasks completed in Phase 2 (Ecology 560 Task 2.4 due May 31, 2010). 561 562 PHASE 3: DEVELOP POLICIES AND REGULATIONS 563 (Ecology Grant Agreement Tasks 3.1, 3.2, 3.3, 3.4, 3.5, and 3.6) 564 Goals and Objectives 565 This Phase builds on the information developed by the Inventory and Characterization on ecosystem 566 processes and shoreline function. The objectives of tasks in this Phase are to understand community goals 567 through the community visioning process, and then integrate the multiple goals and objectives of the 568 shoreline program, identify the critical tradeoffs, and make decisions for balancing multiple objectives. 569 This Phase will include three related efforts: 570 • Community visioning process for public involvement and decision- making 571 • Identify regulatory approaches that achieve the goals of the SMA while providing a predictable, 572 fair system that provides guidance routine land use decisions, as well as major projects. 573 • Prepare preliminary cumulative impact analysis of the proposed program 574 Division of Labor: 575 In completing this critical phase of the project Bremerton staff and the Consultant team both will provide 576 substantial contributions to the public involvement and decision making process. 577 • Bremerton staff will be in the primary role of: 578 ■ Providing information on existing land use, approved development, and expected 579 development trends based on Comprehensive Plan and Economic Development Plan policies; 580 ■ Working with the Consultant team to develop appropriate options. 581 ■ Conducting the public involvement effort, with the support of the Consultant team. 582 ■ Conducting meetings and soliciting policy direction from the Planning Commission and City 583 Council, with the support of the Consultant team. 584 • The Consultant team will be the lead for identifying conceptual options and preparing supporting 585 scientific information based on the inventory/characterization. 586 • Agencies will be involved in providing input on the preferred approach. The Consultant team 587 will attempt to get "buy -in" to the approach from key agencies such as Ecology and WDFW on 588 the program. 589 Phase Approach 590 The tasks in this phase are all closely related and will be developed using an iterative approach. The 591 visioning process (Task 3.1) will establish the timeline for public input and participation, while during the City of Breinei ton SMP Update 16 08 -28 -09 Scope of Work 592 development of Task 3 2, the Consultant will establish regular meetings with the project team and the 593 City to review how proposed environmental designations might affect policies and regulations, 594 implications for the CAO and other policies and plans, as well as what cumulative impacts might be under 595 different scenarios for shoreline policy and regulation. This will provide a mechanism for facilitating a 596 more integrated approach and allow review of the consequences of different regulatory options as policies 597 are being developed. 598 Task 3.1: Community Visioning Process 599 (Ecology Grant Agreement Task 3.1) 600 Goals and Objectives 601 This task will address the process of developing a community vision that includes citizen goals and 602 aspirations for use of the shoreline and balances competing demands for preservation and restoration of 603 ecological functions, and fulfills the vision of the City's other planning processes. 604 Approach 605 Consultant will assist the City with targeted support during the visioning process as specified here. The 606 Public Participation Plan will outline the approach to the visioning process, and the visioning process 607 itself will closely link with Task 3.2. Consultant tasks on the visioning process include the following: 608 • Visioning approach developed as part of public participation plan; 609 • Public workshops — present information from the inventory and characterization analysis and 610 gather stakeholder input during workshops; 611 • Assist City with presenting proposed policies and regulations through a series of visioning 612 meetings; and 613 • Work with City to integrate visioning outcomes into a recommended strategy for public access, 614 shoreline use, and resource protection and restoration. 615 Consultant Deliverable Task 3.1 616 • Power Point presentation for Public Meetings, Interest Groups, Planning Commission, City 617 Council on Inventory and Characterization, policy and regulation options, and identification of 618 opportunities. Delivered to Bremerton Staff: July 30, 2010 619 • Draft Public information handout on Inventory and Characterization, policy and regulation 620 options, and identification of opportunities for use in public meetings, mailings to property 621 owners, or newspaper articles. Delivered to Bremerton Staff: July 30, 2010 622 • Attendance at meetings as provided in the Assumptions for Task 3.1 below. 623 Bremerton Deliverable Task 3.1 624 • Scheduling, publicity and exhibits for meetings 625 • Record of comments received in matrix format and response to non - technical issues 626 • Direction to Consultant on results of Planning Commission and City Council consideration'of 627 options 628 Assumptions for Task 3.1 629 • Consultant will include preparation of the visioning plan as part of the Public Participation Plan. City of Bremerton SMP Update 17 08.18 -09 Scope of Work 630 • Consultant will assist City with up to 8 public involvement meetings (assume 2 general public 631 meetings; 2 with focus groups see below; and 2 with Planning Commission and 2 with City 632 Council) - to include preparing materials for the meetings, attendance at the meetings, and 633 preparing a summary of the meeting discussion and outcomes. 634 • Consultant will prepare presentation materials (powerpoint and handouts) for the City to use in 635 the visioning process - on the results of the Inventory and Characterization, preliminary policies 636 and regulations, and identification of opportunities. 637 Y Consultant will prepare a Technical Memorandum summarizing the results of the visioning 638 meetings and including recommendations to carry forward into the development of policies and 639 regulations. 640 • Bremerton Staff will organize a Citizen Advisory Committee and Technical Advisory Committee. 641 • Separate "interest group" meetings may be scheduled with representatives selected by the City for 642 specific areas with distinct ecological characteristics, land use or stakeholder groups. Interest 643 group meetings will be held to solicit input on the issues of interest to the stakeholders in the area, 644 but will not provide detailed review of proposals. Meetings are assumed for up to three interest 645 areas or stakeholder groups. 646 • The Power Point presentation prepared for the public meeting, interest group meetings, Planning 647 Commission and City Council will be essentially the same. 648 • Consultant will provide drafts of the public information handout, potential property mailings, and 649 newspaper publicity. City staff will be responsible for the final revision, printing and 650 distribution. 651 • City staff will be responsible for the logistical work to arrange facilities and inform attendees 652 about meeting times /locations, prepare agenda and meeting records. 653 • Exhibits to support this task will be prepared by Consultant. Total exhibits prepared will be 654 limited to printouts of Power Point slides and/or public information handouts. 655 • Bremerton Staff will arrange for consultation and coordination with other city staff, Ecology, 656 other agencies and adjacent jurisdictions and will forward an integrated set of comments to the 657 Consultant. 658 Task 3.2: Shoreline Policies and Regulations, Environment Designations, Shoreline 659 Use and Modification Policies and Regulations 660 (Ecology Grant Agreement Tasks 3.2, 3.3, 3.4, and 3.5) 661 Goals and Objectives 662 This task will develop options for shoreline policies and regulations, propose Shoreline Environmental 663 Designations, and Shoreline Use and Modification Policies and Regulations. This task will integrate a 664 number of related issues that will flow from the inventory and analysis, but also represent an opportunity 665 for the City to decide how to integrate the SMP with other City policies and regulations. 666 Overall Task Approach 667 This task includes three related subtasks: City of Bi emet ton SMP Update 18 08 -28 -09 Scope of Work 668 3.2.1 Develop general SMP goals, policies, and regulations 669 3.2.2 Develop Shoreline Environmental Designations and Use and Modification Policies and Regulations 670 3.2.3 Draft Shoreline Master Plan and Incorporate into Critical Areas Ordinance 671 Subtask 3.2.1 General SMP goals, policies, and regulations 672 (Ecology Grant Agreement Task 3.2) 673 Approach 674 The Consultant will work closely with the City staff and stakeholders to identify goals, develop policies 675 and regulatory recommendations that reflect the findings of the inventory and characterization and the 676 visioning process, are consistent with the new guidelines for SMPs, and balance the multiple goals of the 677 Shoreline Management Act. This task also represents an opportunity for the City to decide how to 678 integrate the SMP with other policies and regulations and to ensure consistency with other on -going 679 planning processes. 680 To make it easy to track and discuss proposed policy and regulation recommendations, Consultant will 681 create a table or annotated summary that shows each recommendation, how it fits the new guidelines for 682 SMPs (meets, exceeds, or differs), how it fits with key outcomes of the public participation or visioning 683 process, and what specific management needs identified during the inventory and characterization are 684 being addressed. 685 Issues to be addressed at this stage include: 686 a Whether to employ an overlay of Shoreline Environmental Designations (SEDs) or separate shoreline 687 zoning classifications that may extend into uplands outside of shoreline jurisdiction (and address the 688 adjacent lands issue) 689 • The extent of prescriptive regulations versus relying primarily on criteria or performance standards 690 • Crafting critical area regulations as part of the SMP to recognize the wide variability of ecologically 691 productive areas and the existing land use patterns. 692 Consultant Deliverable 693 Draft Technical Memorandum describing options and recommended changes to goals, policies, and 694 regulations, with tabular summary of recommendations. Draft delivered to Bremerton Staff. September 695 30, 2010. 696 Subtask 3.2.2 Shoreline Environmental Designations, Use and Modification Policies and 697 Regulations and Standards 698 (Ecology Grant Agreement Task 3.4) 699 Goals and Objectives 700 Shoreline Environment Designations provide the primary means of applying regulations that are 701 appropriate to both the type of anticipated use and the character of existing ecological functions. This 702 task will require close collaboration with Bremerton Staff in understanding how existing city regulations 703 work and in developing solutions appropriate to the city's regulatory structure. City of Bi emei ton SMP Update 19 08.28.09 Scope of Work 704 Approach 705 The Consultant will analyze the existing designations, review Ecology's new recommended designations 706 (WAC 173 -26 -211), and make recommendations for any changes to the designations, including the 707 rationale for the change. Updated maps with proposed Shoreline Designations will be produced. 708 As an initial resource, Bremerton staff will provide a summary report of the existing regulatory system 709 that addresses the following: 710 • Application to typical single family, multi - family and non - residential shoreline development of 711 existing city land use, and other regulations, including density, bulk standards, parking standards, 712 tree preservation, land disturbance, clearing and grading, flood protection, stormwater 713 management, utility standards and road standards to identify interrelationships with the SMP and 714 provisions of other codes 715 • Provide a description of application of the above standards to a cross - section of recently approved 716 applications for shoreline development permits to identify what works effectively and what needs 717 code and non -code (administrative) improvements. Include copies of a sample of recent shoreline 718 applications and record of city action. 719 • Bremerton staff will distribute a brief questionnaire to recent permit applicants to include 720 developers, engineers, scientists and planners to identify regulations that work effectively and 721 issues that cause confusion with respect to the development, permitting and compliance / 722 enforcement processes. Bremerton staff will distribute the survey and summarize the responses. 723 The Consultant will assist the Bremerton Staff in developing an outline of potential issues to be 724 addressed. t 725 • One meeting will be held with Bremerton development review staff to identify problems with 726 and/or opportunities to provide for more consistency and coordination between programs. 727 Issues to be addressed by the Consultant include: 728 • Overview description of existing Shoreline Designations including: 729 • Designation Criteria 730 ■ Existing geographic location 731 ■ Existing bulk dimensional requirements 732 • Matrix Comparison of Existing Shoreline Designations to WAC 173- 26 -211 Environmental 733 Designation Provisions. 734 • Matrix Evaluation of Existing Shoreline Designations in relation to scientific information. 735 ■ Ecological context, including the Shoreline Inventory/Characterization 736 ■ Presence of Critical Areas 737 ■ Potential for restoration of ecological processes and functions 738 ■ Existing use characteristics and potential cumulative impacts 739 ■ Potential for "water dependent uses" 740 ■ Relationship to Comprehensive Plan and Zoning, 741 • Options for Changes to Existing Shoreline Designations. These options will be presented in 742 matrix format and be developed from the evaluation in above and generally will reflect a range 743 based on advantages and disadvantages of the following approaches: Cuv of Bi emei ton SMP Update 20 08 -28 -09 Scope of Work 744 ■ Employ an overlay of Shoreline Environmental Designations (SED) similar to the existing 745 Bremerton Code 746 ■ Employ an overlay of Shoreline Environmental Designations (SED) sinular to the Ecology 747 WAC 173 -26 -211. 748 ■ Employ shoreline zoning classifications as separate classifications that may extend into 749 uplands outside of shoreline jurisdiction (and address the adjacent lands issue). 750 The evaluation shall include, but not be limited to: 751 • The advantages of prescriptive regulations for application to routine permit decisions (such as 752 single family development) versus relying primarily on criteria or performance standards as an 753 overlay to existing zoning; 754 • The extent of future development an whether it is likely to be largely contained within shoreline 755 jurisdiction, or whether shoreline jurisdiction is likely to be only a part of a larger development; 756 • In each case, the application of regulatory options shall be assessed separately for specific areas 757 of the city, as identified during the Inventory and Characterization. 758 Consultant Deliverables 759 • Draft Technical Memorandum addressing Shoreline Environment Designations (SED), with Use 760 and Modification Policies, Regulations and Standards, in relation to the opportunities and 761 impediments analysis in Task 2.2 outlining alternative strategies for preserving and enhancing 762 ecological functions based on the characterization of shoreline processes and functions. The 763 analysis will discuss the advantages and disadvantages of options implementation, in a matrix 764 format for Ecology, public, and agency review. (Ecology Tasks 3.3 and 3.4) Delivered to 765 Bremerton Staff. October 30, 2010. 766 Bremerton Deliverables 767 • Provide a MS Word version of all existing policies and regulations related to the Shoreline 768 Master Plan and provide direction on any changes to the format of policies and regulations that 769 differ from the existing plans and regulations 770 • Summary report of the existing regulatory system that addresses the following: 771 ■ Application to typical single family, multi - family and non - residential shoreline development 772 of existing city land use, and other regulations; 773 ■ Provide a description of application of the above standards to a cross - section of recently 774 approved applications for shoreline development permits to identify what works effectively 775 and what needs code and non -code (administrative) improvements together with copies of a 776 sample of recent shoreline applications and record of city action. 777 ■ Distribution and compilation of questionnaire to recent permit applicants 778 ■ Host meeting with Bremerton development review staff to identify problems and /or 779 opportunities to provide for more consistency and coordination between programs. 780 Summarize meeting results. 781 Subtask 3.2.3: Develop Draft Shoreline Master Plan and Incorporate Critical Areas Ordinance 782 (Ecology Grant Agreement Task 3.5) 783 Goals and Objectives City of Bremerton SMP Update 21 08_28_09 Scope of Work 784 The objectives of this task are to bring together the results of the previous Phase III tasks and the 785 Inventory and Characterization results to prepare the draft Shoreline Management Plan, along with 786 recommendations for incorporation into the City's Critical Areas Ordinance. The Draft Plan will include 787 administrative provisions for permit administration, compliance, and enforcement. 788 Approach 789 Draft Shoreline Master Program. The Consultant will provide the Draft City of Bremerton Shoreline 790 Master Plan to include: 791 • Environment Designations or Zoning classifications Based on the policy direction resulting 792 from previous Phase 3 tasks, the Consultant and City staff will develop environment designations 793 or zoning classifications that: 794 ■ Reflect the findings of the shoreline inventory and characterization regarding ecologically 795 important functions that differ between reaches; 796 ■ Reflect sirmlar allowed or proposed uses; 797 ■ Have similar potential for implementing setbacks and buffers based on existing lot 798 configurations; 799 • Bulk and Dimensional Standards Consultant will develop recommendations for specific bulk 800 and dimension standards for density, setbacks and buffers, including critical area buffers, for each 801 use and each shoreline designation based on the criteria of "no loss of net ecological function ". 802 • Standards. Consultant will draft recommendations for amendments to the existing City Code to 803 incorporate specific performance standards for uses based on the criteria of "no loss of net 804 ecological function ", and the following general criteria: 805 For uses exempt from obtaining a Shoreline Substantial Development Permit, and which 806 contribute to restoration of ecological function, such as vegetation enhancement, provide 807 recommendations for performance standards that would allow applicants and staff to approve 808 proposals that are coordinated with other agencies' requirements, such as the Washington 809 Department of Fish and Wildlife Hydraulics Project Approval and Corps of Engineers 810 Nationwide or Regional Permits. 811 For uses exempt from obtaining a Shoreline Substantial Development Permit, provide 812 recommendations for performance standards that would allow applicants to develop 813 proposals and staff to approve proposals and enforce conditions based on existing 814 information generally without specialist reports, while providing a "precautionary approach," 815 in limiting potential impacts on resources. 816 For uses exempt from obtaining a Shoreline Substantial Development Permit, provide 817 recommendations for the option of providing more detailed assessment by qualified 818 professionals of on -site and local environmental processes allowing alternative approaches 819 that may be approved in lieu of the performance standards, above. 820 ■ For uses requiring a Shoreline Substantial Development Permit, recommend measurable 821 performance standards, where practical, to allow specific assessment in technical reports 822 required of applicants and objective review, approval and enforcement of performance 823 standards required as conditions. 824 ■ Recommend opportunities to provide incentives for restoration in shoreline regulations. 825 ■ Identify opportunities for integration with Critical Areas Ordinance standards and identify 826 potential additional standards in cases where specific shoreline processes warrant additional City of Bremerton SMP Update 22 08 -28 -09 Scope of Work 827 protection, restoration or performance standards to meet the criteria of no loss of net 828 ecological function ". 829 ➢ Critical areas regulations will be based on: 830 • The assessment of existing ecological functions in the Phase 2 831 Inventory /Characterization and the extent to which: 832 ■ Buffers are currently in place that provided specific ecological functions 833 ■ Buffers may be needed to maintain existing ecological functions, given the 834 potential for ecological degradation with new development or redevelopment 835 ■ Buffers may provide enhancement of ecological functions, and more specifically 836 for anadromous fish; 837 • Assessment of the practical limits to imposing standard buffers relating to factors 838 such as: 839 Existing single - family development lot depth and existing structure location 840 Existing multi - family development lot depth, structure location, and potential for 841 re- development 842 Existing non - residential development, potential for redevelopment, potential for 843 water- dependent use, water - related use and non -water related use and potential 844 for integrating buffer areas into development areas considering lot area, depth, 845 and the range of potential uses. 846 Recommend approaches to develop standards to meet WAC 173 -26 -221 criteria for 847 archaeological and historic resources, wetlands, geologically hazardous areas, critical 848 saltwater habitats, critical freshwater habitats, flood hazards, public access, vegetation 849 conservation and WAC 197 -26 -231 for shoreline modification, piers and docks, as well as 850 specific standards for other uses in WAC 173 -26 -241. 851 Include specific use and modification policies and regulations consistent with SMP 852 guidelines requirements including: 853 o Allowed uses and preferences for shoreline dependent or related uses where appropriate 854 o Provisions for public access 855 o Provisions for shoreline modification and vegetation conservation 856 • Administrative provisions will address: 857 ■ Permit administration 858 ■ Compliance and enforcement 859 ■ Non - conforming uses 860 • Draft map(s) illustrating the land and water area contained within mapped shoreline designation 861 or zoning boundaries will be prepared together with justification and rationale. 862 We anticipate that this task will provide a somewhat different approach for two types of shoreline uses: 863 • Uses that do not require a substantial development permit, that may have minimal impacts by 864 themselves, but have the potential to cause substantial cumulative effects on the shoreline. We 865 anticipate a regulatory framework that: 866 Serves to communicate the important values and performance measures for "exempt" actions 867 such as single- family use, City of Bremerton SMP Update 23 08 -28 -09 Scope of Work 868 ■ Provides understandable performance standards that are easily communicated to staff, 869 property owners, and professionals. These standards may involve reference to other resource 870 tools not adopted as part of the master program, such as Ecology, WDFW, and Army Corps 871 of Engineers standards for various types of facilities, and 872 ■ Provides incentives to implement facilities that improve ecological functions, especially 873 restoration programs. 874 • Uses that may occur infrequently, but that have the potential to have substantial impacts on the 875 natural environment and surrounding uses. In these cases, extensive permit review is likely and 876 the function of the regulations is largely to establish performance standards decision makers will 877 use in evaluating projects. 878 Consultant Deliverables 879 • Draft City of Bremerton Shoreline Master Plan. Delivered to Bremerton Staff: December 1, 2010. 880 • Draft Development Code Revisions. (Addresses Ecology Phase 3 Tasks). Delivered to Bremerton 881 Staff: December 1, 2010. 882 • GIS -based maps of SEDs or zoning designations. Delivered to Bremerton Staff December 1, 883 2010. 884 • Revised Shoreline Master Plan Report incorporating City review comments. Delivered to 885 Bremerton Staff. December 23, 2010. 886 Bremerton Deliverables 887 • Review comments and revisions to Draft SMP Report 888 Assumptions for Task 3.2.3 889 • Bremerton Staff shall provide a MS Word version of all existing policies and regulations related 890 to the Shoreline Master Plan and provide direction on any changes to the format of policies and 891 regulations that differ from existing plans and regulations 892 • The Inventory/Characterization prepared in Phase 2 will provide the inventory related to critical 893 areas; 894 • Administrative provisions of the existing Shoreline Master Program are presumed-to be consistent 895 with SPM guidelines and other statutes. Additional provisions of the SMP are expected to use 896 current administrative provisions. 897 Task 3.3: Cumulative Impacts Analysis and No Net Loss Report 898 (Ecology Grant Agreement Task 3.6) 899 Goals and Objectives 900 An evaluation of the incremental and cumulative impacts of options under consideration is an important 901 ongoing element of the SMP update process. The City will need to examine the potential cumulative 902 impacts on shoreline functions of the `reasonably foreseeable future development' from the proposed 903 shoreline master program. At this phase, the preliminary findings of the cumulative impacts analysis, will 904 allow the,City to evaluate the options, and allow the proposed SMP provisions to be adjusted as needed to 905 demonstrate how no net loss of ecological function and SMA use - preferences (water - oriented uses, public City of Bremerton SMP Update 24 08 -28 -09 Scope of Work 906 access, etc.) will be achieved. This analysis will identify how proposed SMP standards will avoid and 907 offset expected impacts of future permitted and exempt shoreline development. 908 Approach 909 The inventory /characterization in Phase 2 will provide the basis for identifying existing trends in 910 ecological functions based on existing regulations. The assessment of cumulative impacts would be based 911 on the extent to which these conditions and trends are continued or altered by: 912 • Reasonably foreseeable future development and use of the shoreline under the existing Bremerton 913 SMP (including impacts from unregulated activities, exempt development, and other incremental 914 impacts) 915 • Likely influence of existing zoning regulations to the extent that they narrow the range of 916 allowable development beyond the existing SMP 917 • Likely influence of existing critical area regulations to the extent that they narrow the area in 918 which allowable development may occur or impose specific requirements beyond the existing 919 SMP 920 • Likely influence of existing state and federal regulations to the extent that they impose standard 921 mitigation requirements on allowable development 922 This preliminary inventory will provide a baseline for assessing the effects of the options for shoreline 923 policies and regulations in changing existing trends of ecological degradation. 924 The Preliminary Cumulative Impact Analysis will identify key environmental issues using the 925 SEPA/GMA integration procedure in WAC 197 -11 -210. 926 The Consultant team will prepare a draft report demonstrating how shoreline inventory and 927 characterization findings and cumulative impact analysis are reflected in proposed SMP policies, 928 regulations, environment designations, and restoration strategies, as well as an assessment of how 929 proposed policies and regulations will achieve no net loss of ecological function. 930 Consultant Deliverables 931 • Preliminary Cumulative Impact Analysis and No Net Loss Report for Ecology, public, and 932 agency review. (Ecology Task 3.6) Draft Delivered to Bremerton Staff: March 30, 2011; Revised 933 Draft incorporating City review comments delivered to Bremerton Staff: April 25, 2011. 934 Bremerton Deliverables 935 • Bremerton Staff will e -mail the Consultant Cumulative Impacts Analysis and No Net Loss 936 Technical Report electronic file to the Ecology project officer (Due to Ecology April 30, 2011); 937 and prepare an SMP Submittal Checklist (Ecology Task 3.7) Due date May 31, 2011 938 Assumptions for Task 3.3 939 • The influence of existing City of Bremerton regulations will be based on the summary report of 940 the existing regulatory system prepared by Bremerton staff. 941 • The influence of existing state and federal regulatory programs will be based on: 942 ■ Corps of Engineers Regional General Permits City of Bremer tai SMP Update 25 08 -28 -09 Scope of Work 943 M Washington Department of Fish and Wildlife Hydraulic Project Approval Guidelines, 944 including Stream Habitat Restoration Guidelines (SHRG), Design of Road Culverts for Fish 945 Passage, Integrated Streambank Protection Guidelines (ISPG) 946 M Washington Department of Ecology Washington State Coastal Zone Management Program 947 Section 309 Assessment and Strategy, Fourth Round 2006 Section 309 Program Assessment 948 of the status of the nine required improvement areas, and describes the State's tentative CZM 949 Program improvement measures for 2006 through 2010. 950 ■ Stormwater Management Programs will be assessed based on Technical Memorandum 951 Summary and Analysis of Stormwater Appendix HRegulations and Programs Washington 952 Stormwater Management Study 953 ■ Washington Environmental Permits Handbook, Governor's Office of Regulatory Assistance, 954 2007 955 • Bremerton Staff will arrange for consultation and coordination with city staff, Ecology, other 956 agencies and adjacent jurisdictions and will forward an integrated set of comments to the 957 Consultant. Consultant revision to the Draft Preliminary Analysis to respond to Ecology or other 958 agency comments will take place in the Final Cumulative Analysis be prepared in Task 4.2 959 960 PHASE 4: RESTORATION PLAN AND REVISE DRAFT SMP 961 Task 4.1: Prepare Restoration Plan 962 (Ecology Grant Agreement Tasks 4.1) 963 Goals and Objectives 964 Develop a restoration plan that can assist the City in meeting the SMA guidelines for achieving no net 965 loss of ecological function and long -term improvement in function on a watershed basis. The Restoration 966 Plan will support this goal by: 967 • Meeting the requirements of the guidelines; 968 • Using state -of -the- science methods and tools for systematic, comprehensive, and process based 969 landscape characterization and restoration planning; and, 970 • Incorporating options for alternative, incentive -based approaches for restoration that result in greater 971 environmental benefits at lower long -term costs. 972 Approach 973 An assessment or opportunities for restoration will be based on the inventory/characterization, WRIA 974 Salmon Recovery, Puget Sound Action Agenda, and will include identification of. 975 • Areas where future uses should be designed to allow or encourage restoration, including 976 assessment of options for incorporating incentives for restoration in regulatory provisions 977 • • Potential strategies for mitigating development impacts through off -site (or out -of -city) mitigation 978 that will focus on the areas of greatest ecological productivity, if on -site mitigation is not 979 effective or appropriate 980 • Opportunities to manage public lands for ecological restoration City of Bi emerton SMP Update 26 08 -28 -09 Scope of Work 981 Assumptions for Task 4.1 982 • Bremerton Staff will arrange for consultation and coordination with city staff, Ecology, other 983 agencies and adjacent jurisdictions and will forward an integrated set of comments to the 984 Consultant. 985 Consultant Deliverables 986 • Draft Restoration Plan with Maps for Ecology, public, and agency review; (Ecology Task 4.1 987 Due to Ecology August 31, 2011). Delivered to Bremerton Staff. July 30, 2011. 988 • Final Restoration Plan with revisions responding to Bremerton staff review; (Ecology Task 4.1). 989 Delivered to Bremerton Staff two weeks after receipt of compiled comments. 990 Bremerton Deliverables 991 • Bremerton Staff will e -mail the Final Restoration Plan electronic file to the Ecology project 992 officer and prepare an SMP Subnuttal Checklist (Ecology Tasks 4.1 and 4.2: Due date August 993 31, 2011). 994 Assumptions for Task 4.1 995 • Bremerton Staff will arrange for consultation and coordination with city staff, Ecology, other 996 agencies and adjacent jurisdictions and will forward an integrated set of comments to the 997 Consultant. Consultant will provide one revision to the Final Plan submitted to Ecology. 998 Task 4.2: Revise Draft SMP, Cumulative Impact Analysis, and No Net Loss Report 999 (Ecology Grant Agreement Tasks 4.2 and 4.3) 1000 Goals and Objectives 1001 Following review of the Draft Plan by the City and Ecology, as well as completion of the initial 1002 cumulative impact analysis, this task will assist the City in preparing a revised SMP, revised cumulative 1003 impacts analysis on the revised SMP, and prepare a final report. This report will include a section 1004 demonstrating how no net loss of ecological function will be achieved. 1005 The finalized SMP will provide the report that the City can use in the local adoption process. 1006 Approach 1007 Division of Labor: 1008 • Bremerton staff will be in the primary role of: 1009 ■ Providing input based on the Phase 3 Technical Memoranda and Public Involvement to 1010 establish the basic framework to allow the Consultant team to develop an initial draft of the 1011 SMP; 101 f ■ Conducting the public involvement effort, with the support of the Consultant team; 1013 ■ Making additional text changes to the Consultant Draft SMP through the public involvement, 1014 Planning Commission and City Council review process; and 1015 ■ Administering the formal processes for review and adoption. City of Bremerton SMP Update 27 08 -28 -09 Scope of Work 1016 • The Consultant will 1017 ■ Prepare an initial draft of the policies and regulations city staff review (and Ecology review if 1018 timely) and respond to one set of comments; 1019 ■ Finalize the Cumulative Impacts Report and Restoration Plan; 1020 ■ Prepare an initial draft of the Environmental Checklist and Determination of Non - 1021 Significance using the SEPA/Growth Management Act (GAMA) integration procedure in 1022 WAC 197 -11 -210; 1023 ■ Provide additional technical input and proposals for SMP provisions as public, Planning 1024 Commission and City Council questions are raised. 1025 • Agencies will be will be involved in providing formal input on the proposed SMP both through 1026 the City of Bremerton adoption process and the Ecology review and approval process. 1027 Environmental analyses will be concurrent with and an integral part of the planning and decision making 1028 under GMA consistent with the SEPA/GMA integration procedures of WAC 197 -11 -210 through 235. 1029 Integrating SEPA throughout the decision - making process will provide participants in the process with 1030 the information needed to make informed choices at each stage of the process. 1031 The Consultant will prepare a Draft Environmental Checklist and Determination of Non - Significance 1032 using the SEPA/GMA integration procedure in WAC 197 -11 -210. City staff will make revisions if 1033 needed to reflect changes to the initial draft. 1034 Consultant Deliverables 1035 • The Revised SMP report to include the inventory and characterization; revised policies, 1036 regulations, and environmental designations; revised cumulative impact assessment; final 1037 shoreline jurisdiction maps; and a section that explains how the program will result in no net loss 1038 of function. Delivered to Bremerton Staff. September 15, 2011. 1039 • Draft Environmental Checklist and Determination of Non - Significance using the SEPA/GMA 1040 integration procedure in WAC 197 -11 -210. Delivered to Bremerton Staff. September 15, 2011. 1041 • The Final SMP report incorporating City review comments, to include the inventory and 1042 characterization; revised policies, regulations, and environmental designations; revised 1043 cumulative impact assessment; final shoreline jurisdiction maps; and a section that explains how 1044 the program will result in no net loss of function. Delivered to Bremerton Staff: October 25, 1045 2011. 1046 • Final SEPA Environmental Checklist with revisions responding to Bremerton staff review. 1047 Delivered to Bremerton Staff. October 15, 2011. City staff will make revisions if needed to 1048 reflect changes to the initial Consultant draft of Policies and Regulations. 1049 Bremerton Deliverables 1050 • Bremerton Staff will e -mail the Revised SMP and Final Cumulative Impact Analysis with Map 1051 electronic file to the Ecology project officer and 1 prepare an SMP Submittal Checklist (Ecology 1052 Tasks 4.2 and 4.4; Due date October 31, 2011). Gtv of Bremerton SMP Update 28 08 -28 -09 Scope of Work 1053 Assumptions for Task 4.2 1054 • Changes between the Preliminary Cumulative Impact Analysis and the Final Analysis will reflect 1055 specific policies and regulations in the Shoreline Master Program. There will be no changes to 1056 the basic structure and organization of the previous report or to findings related to programs other 1057 than the SMP. 1058 • Bremerton Staff will arrange for consultation and coordination with city staff, Ecology, other 1059 agencies and adjacent jurisdictions and will forward an integrated set of comments to the 1060 Consultant. Consultant will provide one revision to the Draft SMP and Cumulative Impact 1061 Analysis. 1062 1063 1064 PHASE 5: LOCAL SMP ADOPTION PROCESS 1065 (Ecology Grant Agreement Tasks 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7) 1066 Goals and Objectives 1067 Division of Labor: 1068 • Bremerton staff will take the primary responsibility for the local adoptions process including: 1069 ■ Assembly of the complete draft SMP with a tracking mechanism for revisions to respond to 1070 public, agency, Planning Commission and City Council contributions 1071 ■ Coordinating informal Ecology review of draft SMP documents 1072 ■ Issuing formal SEPA documentation 1073 ■ Provide GMA 60 -day notice of intent to adopt 1074 ■ Conducting the public involvement effort 1075 ■ Making additional text changes to the Draft SMP through the public involvement, Planning 1076 Commission and City Council review process 1077 ■ Making revisions required to Technical Memoranda to respond to changes in the SMP after 1078 the initial Consultant Draft 1079 N Submittal of adopted SMP to Ecology together with the submittal checklist 1080 • The Consultant team will provide additional technical input and evaluate comments on SMP 1081 provisions as public, Planning Commission and City Council questions are raised to the total 1082 hourly budget provided. 1083 Consultant Deliverables 1084 • Attendance at Public Meetings, Planning Commission meeting, City Council meeting 1085 • Technical input and evaluation of specific comments on SMP provisions referred by Bremerton 1086 Staff linuted to the total hourly budget provided. 1087 Bremerton Deliverables 1088 • All procedural requirements for consideration and adoption of SMP City of Bremerton SMP Update 29 08 -28 -09 Scope of Work 1089 • Revisions to the Environmental Checklist and Determination of Non - Significance using the 1090 SEPA/GMA integration procedure in WAC 197 -11 -210 if needed to reflect changes to the initial 1091 Consultant draft during Review /Adoption Process 1092 • Publication of Determination of Non - Significance, response to comments and related actions 1093 Assumptions 1094 • Assume attendance at 2 public meetings, 1 Planning Commission meeting, and 1 City Council 1095 meeting. 1096 Gtv of B) emei ton SMP Update 30 08 -18 -09 Scope of Work