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HomeMy WebLinkAbout07/21/2010 AGENDA ��-� �� � � � i � j� � � ' ' i I C 0� 4�r (�� � � CITY COUNCIL 345 6�+ Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473-5280 **AMENDED*** JULY 21, 2010 CITY COUNCIL MEETING AGENDA 1. BRIEFING 5:00 — 5:30 P.M. ih 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 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — July 7, 2010 C. Minutes of Study Session — July 14, 2010 D. Purchase of fine art prints created by Don Paulson dba DoN Pau�sorv PHOroGFtaPHY located in Seabeck, WA E. Purchase of two pieces of ceramic tile art created by Paula Gill dba RE� STEP STU�io located in Bremerton, WA F. Grant approval with EPA for Gorst Creek Comprehensive Watershed Plan G. Amendment No. 1 to Memorandum of Agreement with the Kitsap Regional Library 6. GENERAL BUSINESS A. Professional Services Agreement with B�unnEN CoNSU�Tirv� GROUP, INC. for the South Kitsap Industrial Area (SKIA) Sub Area Plan 7. PUBLIC HEARINGS A. Ordinance No. 5118 amending Chapter 20.48.060 of the Bremerton Municipal Code (BMC) entitled "Residential Parking Development Standards" B. Resolution No. 3120 adopting changes to the 2008 & 2010 CDBG/HOME Action Plans 8. COUNCIL MEMBER REPORTS 9. PUBLIC RECOGNITION — Continued... 10. EXECUTIVE SESSION A. 20-Minutes to discuss "Pending and Potential Litigation" per RCW 42.30.110(1)(i) and "Real Estate Acquisition" per RCW 42.30.110(1)(b) (Information only) 11. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING � Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring specia/ accommodations should contact the City Cle►1c's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISIT YOUR COMMENTS TO BE INCLUDED IN THE RECORD � e �!� � � � �o �v�-h CN � 11� ��� � �� )�osl ,' ,. � �.�- �� , L � �i�,� -� -� I/�, G� � � c� O� � � La u.r� ,Ma � � I�a� . REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU � 15 June 2010 Dear Community Partner, This month we celebrate the graduation of approximately 300 Bremerton High School students. It is traditional that the senior parents volunteer to plan and host an all night party for the graduates in an effort to ensure during this time of celebration; the students are in a safe, drug and alcohol free environment. This year was a difficult one for many families in our community who were adversely affected by the slumping economy. Efforts�took place a11 yeaz to gather volunteers and host events to raise money needed for the event. Most meetings were attended by less than 5 people. The fundraising efforts were also affected and did not raise substantial money for the event. Efforts consisted of selling of concessions at football games, the yeazly Outback lunch and auction as well as a Caribbean lunch and auction. Two bazaars were held with many items from local vendors. Many local businesses and community members were contacted in person or by letter asking for contributions The event this year was on a sharply reduced budget. From the approximately $30 thousand party of last year, only $10 thousand was spent this year. Corners were cut to stretch the event cost and students were required to pay $100 each to attend. No food for the event was bought, but donations made it possible to provide snacks and breakfast for the kids. No prizes were purchased this year, though fortunately some were donated. Left over inventory from the yeaz's concession sales were also given away as prizes to seniors. The party after the June 11 ` graduation was a success none the less, with only 4 parents present to assist at the event. Several larger cash donations that had been received in past years have not been received this year. WALMART has normally donated $1 to $2 thousand and the Tribal Council at least $1 thousand. Though we applied for both donations again this year, WALMART has had to change their procedures for awarding community donations and we were told recently that we would not be receiving a donation this year. The Tribal Council has recently completed their review of donation requests and we have not of yet received any donation. With these major donations not materializing the event is in the red close to $3 thousand. In an effort to raise this remaining balance due from the event, the Bremerton High School Grad Night committee is asking for your help. This is a non-profit entity, so your contribution is tax deductible (tax id# 91-1581647). Thank you for your support of our local children through their school years and now as they are becoming independent members of our community. 2010 Grad Night Committee of Bremerton High School Maureen Eaquinta, President, phone (360) 440-1059 or (360) 340-8642, PO Box 4124 Bremerton, WA 98312 or e-mail tupper'me1102@earthlink.net Sincerely Maureen E. Eaquinta Cindy Keil-Wilson . ' ��r DATr SUBM[T'I'ED: 7/21/2010 AGENDA BILL CITY 4F BREMERTON CITY COUNCIL ■�������������s�i�s���s��������������M�����s��s���������s���a���������rrrr��a���������r• SUBJECT: Committee Meeting Date: COUNCIL MEETINCi Date: July 21, 2010 Clainns & Check Register Depai�tment: Financial Services Presenter: Cathy Johnson Phone: 473-5296 SUMMARY: Consent Agenda item. �pproval of checks and electronic fund transfers. . ATTACHMENTS: Check Register. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANC� DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA � . GI�NERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: 1) Check #'s 338663 through 338845 and EFT's 10018 through 10048 in the amount of $2,183,335.74. 2) Regular Payroll for the pay period ending July 15, 2014 in the amount of $734,750.44. COUNCIL ACTIOIV: � Approve Q Deny Q Table ❑ Continue ❑ No Action i �:� i ��. �� �i;�tri����t�:t�: :�(:FND:� Bit.l. ('I"I�lc' OF BREti1[:RTOv C't't'Y C'OUV('1L .......................................................................................� til'B,IF.C"T: C_'ity ('��unci) �lcctin3 �linut�s C��mmittcc �te�tin�; D.itc: v -.�� li�r mcctin� ut� �'c �UNc'IL �-Il:l:"I'IN(� I)atr: ��_ Z, O O J'�J � 7� ZO � p Dt��,irtmcnt: _('ity 'uunrtl Y ( resentcr: Nick Wot�ford, C'uuncil President f'h�,ne: (3(�U) �73-5280 SU,�II�IARY: Auacheci is the summary of the City Cuuncil Mectin� hel�i 1"V �Y "1 � dto ( O ATTACHMENTS: Meeting Minutes for 3v 1 Y ?� �(� , FISCAL IMPACTS (include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: Council President C [TY ATTORNEY: N/A F[NANCE D[RECTOR: N/A MAYOR: N/A C'OMM[TTEE CHAIR N/A C'UUNC[L PRESIDENT: C'nNSENT AGENDA GENERAL BUSINESS ❑ P[)BLIC HEAR[NG ❑ ItE:CONIIVIENDFD �10TIUN: �lu��c tc� a��pruvc mcctin3 minutcs as pccscntcJ. ('Ot'r('IL :�("T(()V: ❑ ��pprove ❑ Ikny ❑ "fublc ❑ ('untinu� ❑ No :lctiun DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, July 7, 2010 The weekly meeting of the City Council of the Ciry of Bremerton was called to order Wednesday, July 7, 2010 at 5:00 PM 111 COUt1Cll COflfe�eflC@ R00111 603 Of the NORM DICKS GOVERNMENT CENTER 345 6 Street, Bremerton, Washington, with Council Vice-President Will Maupin presiding. Council Members present were Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell and Jim McDonald. Council President Nick Wofford was absent. Also present were Ciry Attorney Roger Lubovich; City Clerk Carol Etgen; and Legislative Assistant Lori Smith. A COUNCi� BRiEF�rv� was then held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Associate Pastor Dennis Huelle of Peace Lutheran Church. MAYOR'S REPORT Mayor Patty Lent... • Introduced Kaleen Cottinqham, Director from the Washington State Recreation and Conservation Office, who presented a$900,000 check to the City of Bremerton for the Kiwanis and Lions Park Renovation Projects. Vice-President Maupin recognized the work done by Wvn Birkenthal, Parks & Recreation Director, Colette Berna, Parks Planner and Parks Department staff for their outstanding work. • Honored Glen Godfrev, recently retired Executive Director of the YMCA, by presenting him a plaque in recognition of his contributions to the community for the past 31-years; • Announced that residents may now schedule property inspections online at the City's website at www.ci.bremerton.wa.us or may contact Code Enforcement Officer Janet Lunceford directly at (360) 473-5213; • Announced that Concerts on the Boardwalk are going to be held on the following dates from 6:00 to 8:00 PM: July 9 "Junior Cadillac" July 16 "The Thrillbilly's" July 23 "Maurice the Fish" July 30 "Navy Band Northwest" � Announced that Music and Movies on the Roof are going to be held on the following dates after 7:00 PM: July 16 "Shrek" July 23 "Ferris Bueller's Day Off' July 30 "Final Countdown" August 6 "Bremerton's Choice" • Thanked Drake for his efforts with Brad Johanson to raise awareness and funds for finding a cure for Lou Gehrig's Disease; • Mentioned that the East Bremerton Rotary is willing to provide assistance to residents who wish to participate in the litter clean-up program; • Invited people to participate in the festivities for the 75-year anniversary of the Kitsap Sun and to see the redecorated paper boxes that will be on display; and • Attended the Puget Sound Partnership EPA Grant Awards Ceremony along with Council Members Dianne Robinson and Jim McDonald to receive a$600,000 grant. PUBLIC RECOGNITION S'ANNOUNCEMENTS Marie Vila, Board Member of the Bremerton Farmers Market, invited citizens to the Farmers Market at Evergreen Rotary Park from 4:00 to 7:00 PM every Thursday through October. City Council Reg. Mtg. Minutes Wednesday, July 7, 2010 Page 2 of 5 CONSENT AGENDA A. Check Numbers 338304 through 338662; and EFT-9958 through EFT-10017 in the amount of $5,070,941.41; Regular Payroll in the amount of $763,013.22 for the pay period ending June 15, 2010; Regular Payroll in the amount of $747,644.28 for the pay period ending June 30, 2010; and Retiree Payroll in the amount of $78,743.92 for the pay period ending June 30, 2010. B. Minutes of Meeting — June 16, 2010 C. Minutes of Study Session — June 30, 2010 D. Approval to apply for a$1.5 million Transportation Improvement Board "Urban Arterials Program" Grant for reconstruction of Lower Wheaton Way from the Manette Bridge to Lebo Boulevard There were no questions or comments from the public... 05:50:45 M/S/C/U (Arends/Runyon) Move to approve the CoNSEtvT A�Etv�a as presented. GENERAL BUSINESS 6A — RESOLUTION NO. 3119 REORGANIZING THE CITY OF BREMERTON'S SAFETY AND HEALTH COMMITTEE: City Attorney Roqer Lubovich summarized that the City's Industrial Accident Self-Insured Status required the City to have and maintain a safety program, and is responsible for supervising and enforcing the City's Accident Prevention Program. The proposed resolution reorganizes the membership of the City's Safety and Health Committee to more effectively and efficiently respond to the City's safety needs. There were no comments from the public... 05:54:51 M/S/C/U (Brockus/Runyon) Move to approve Resolution No. 3119 reorganizing the City of Bremerton's Safety and Health Committee, and repealing Resolution No. 2539. 6B — ORDINANCE NO. 5116 AMENDING BREMERTON MUNICIPAL CODE (BMC) SECTION 3.72.020 REGARDING "GAMBLING TAXES": City Attorney Roaer Lubovich stated that the proposed ordinance amends Subsection 3.72.020 (g) of the Bremerton Municipal Code (BMC) reducing the tax for player funded social card games from twenty percent (20%) to ten percent (10%). In addition, format changes to provisions of Section 3.72.020 have been made for consistency. This ordinance was sponsored by Council President Nick Wofford. There were no comments from the public... 05:57:23 Motion was made by Runyon; and seconded by Wheeler... Comments were then provided by the Council... Rov Runvon supported the proposed changes. Jim McDonald felt this ordinance will help similar types of businesses to locate within Bremerton. G�eq Wheeler reiterated that the 10% decrease would now be equal to the rate charged by the County. Carol Arends spoke of her original concerns, but will now support the action after it went through Committee and she had questions answered. Adam Brockus announced that he supports this change but that he would be abstaining from the vote because he worked as an Engineer on the building that has the card room. Will Maupin added that this ordinance allows Bremerton to be competitive with other jurisdictions by being more business friendly. 06:02:05 M/S/C (Runyon/Wheeler) Move to pass Ordinance No. 5116 which reduces the tax for player funded social card games from twenty percent (20%) to ten percent (10%) and makes formatting changes to Section 2.72.020 for consistency. City Councii Reg. Mtg. Minutes Wednesday, July 7, 2010 Page 3 of 5 Voted in favor of Motion: Runyon, Wheeler, Robinson, Arends, McDonald, McConnell, Maupin Abstained: Brockus Motion carried: 7-Yes; 1-Abstention 6C — ORDINANCE NO. 5117 AMENDING ORDINANCE NO. 5099 AND MODIFYING THE 2010 ANNUAL BUDGET: Caroline Thompson, Budget Analyst, pointed out that the Bremerton City Council adopted the 2010 annual City Budget by Ordinance No. 5099 on December 2, 2009. But ending fund balances for 2009 were lower than anticipated; and current revenue projections anticipate a shortfall in budgeted revenue requiring a reduction in expenditure authority. The amendment also incorporates council actions taken since the budget was adopted as well as previously unbudgeted carryovers. Dan Knoll expressed concern about the rumors that the City pool would either close or be leased to the YMCA. He asked about other options that were being considered and hoped the public would be included in the process. Chris Warthen, Parks & Recreation Commissioner, appreciated that the City must pass a balanced budget but asked the Council to please not do so by sacrificing the City's Parks Department. Ron McMann, YMCA, acknowledged the outpouring of support for the City pool to remain under the direction of the City, and that the YMCA was only interested in working together with the City to find a solution that would be best for the residents. Jim Paiqe, YMCA Board Member, echoed the comments of Mr. McMann. Carol Bashawn-Jackson, hoped that the current negotiations can end with the pool remaining open for use by the community. Darlene Thoreau spoke in support of keeping the pool open not only to provide activities for the local youth and adults, but to generate revenue for the City. Carv Butterfield expressed comments in support of keeping the pool open. 06:20:50 Motion was made by Brockus; and seconded by Runyon... Council then began their discussion. .. Wvn Birkenthal clarified that no one wants the pool to close, but emphasized that the City is currently discussing the option of a possible partnership with the YMCA to find the most cost efficient way of keeping the pool open. Rov Runvon explained that this action was necessary due to the recession, and the Council's goal is to maintain basic services, with public safety as the priority; and also regrets the cuts that have been required by the Parks Department. Jim McDonald also acknowledged the difficulty with the cuts being made in the Parks Department and hoped that the City can look at long-range planning to find longer term solutions. Carol Arends agreed with most of the previous comments made and would like to see a partnership worked out if it will mean keeping the pool opened and available for everyone. Greq Wheeler thanked the members of the Finance Department, the Directors, and the Mayor for all of their hard work in presenting a balanced budget; and recognized the sacrifices being made by all City staff taking furloughs. He believed the focus needs to be on core services. Adam Brockus agreed that this was not an easy process, but noted for the record that instead of layoffs, the police and firefighters took a cut in pay to avoid layoffs. He asked if other groups that use the pool are also being included in the discussions with the YMCA; and asked about any potential City Council Reg. Mtg. Minutes Wednesday, July 7, 2010 Page 4 of 5 changes at the Senior Center. Mr. Birkenthal responded that the discussions are as inclusive as possible and staffing is being maintained at the Senior Center; and added that the level of customer service has dropped at Sheridan Park due to cuts in staff. Will Maupin discussed the di�culty experienced by the Council while going through this process to balance the budget, especially while trying to not make cuts in the areas of public safety, but recognizes that without parks, Bremerton would not be the community that it is today. 06:39:45 M/S/C/U (Brockus/Runyon) Move to approve Ordinance No. 5117 to amend Ordinance No. 5099 which adopted the 2010 Fiscal Year Budget. � COUNCIL MEMBER REPORTS Jim McDonald reported that he attended the 2010 EPA Puget Sound Grants Announcement Event in Suquamish along with fellow Council Member Dianne Robinson and Mayor Patty Lent, and was pleased to see the City will be receiving over $600,000 in EPA grant funding. Cecil McConnell asked citizens to pay particular attention to Council Member Wheeler's announcement. Adam Brockus announced that a Neighborhood Garage Sale will be held on Saturday, July 17 all day in Manette and at New Life Assembly's parking lot located at Ironsides and East 13' Streets. For more information, visit www.manetteneighborhoodcoalition.org; and acknowledged the passing of longtime basketball coach Les Eathorne who coached at East Bremerton and then Bremerton High School from 1956 through1988. Rov Runvon mentioned that there are other business tax and occupation tax incentives available such as sales tax credits, exemptions, and assistance through the small business administration. He encouraged businesses to contact either the Mayor or Council offices for more information. Grea Wheeler encouraged people to attend the Joint District 2 and 5 Picnic on Saturday, July 31 from 11:00 AM to 5:00 PM at Evergreen Park Picnic Shelters No. 5 and 6 where Cecil McConnell will be grilling hotdogs and hamburgers, and refreshments will also be provided; announced that on August 14 the Union Hill Neighborhood Association will be hosting a block party with music and free food from 10:00 AM to 6:00 PM; reported on the Downtown 4' of July Event; attended the Association of Washington Cities Annual Conference in Vancouver and emphasized that our City is not alone in their budget woes, and we are actually doing better than many other cities; attended the ribbon cutting ceremony for the new Harrison Hospital Heart and Vascular Center; and commented on his respect and admiration for Captain Brad Johanson. Dianne Robinson announced that the Summer Meals for Kids sponsored by the Emmanuel Apostolic Church will be serving free meals to all kids and teens, 18 years or younger from now until August 27, Monday through Friday, with breakfast from 9:00 to 10:00 AM and lunch from 12:00 to 1:00 PM at the Hickle's House located at 1032 5' Street; commented on her attendance at the 2010 EPA Puget Sound Grants Announcement Event as mentioned earlier by Council Member McDonald, and thanked Tom Knuckey, Mike Mecham, and Larry Matel from Public Works for their efforts in getting funds for public works projects; attended a Parks Commission Meeting where a proposal was ' made for Anderson Cove; invited Anderson Cove residents to attend a meeting tomorrow at 6:00 PM at 1733 Bloomington Street to discuss development of Matan Park; thanked Ca�ol Wilkinson for joining the block watch program; announced that the Block Watch Captains Meeting will be held on Monday at 7:00 PM at the Police Department; and invited everyone to attend a Block Party on July 10 at 13 & Hewitt. Carol Arends encouraged the public to enjoy the good weather and to come out and shop in Charleston. City Council Reg. Mtg. Minutes Wednesday, July 7, 2010 Page 5 of 5 Will Maupin talked about the Gorst Watershed Plan and the selection of a consultant to work on the South Kitsap Industrial Area Sub Area Plan to develop a planned action environmental impact statement which should be concluded at the end of 2011; attended the Kitsap Regional Coordinating Council Executive Board Meeting and part of the discussion included the development of a Maritime Heritage District to provide opportunities for tourism; mentioned that the County developed a program to call 3-1-1 for any government service such as pot hole repair or permitting questions; commented favorably on Captain Brad Johanson; and mourned the passing of former East High and Bremerton High coach Les Eathorne. With no further business, Vice-President Maupin adjourned the Council Meeting at 7:00 PM. Pre red and Submitted by: � LORI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council Vice-President NW:CE:Is:cg i �.� t i�: �t :►;��ri��i�i:t�: .�(;FVD:� Ii1t,L ("1"CY OF [3RE�IERT(.)N ('I"TY C'Ul_)NC'IL .......................................................................................� ti('R.1FC'T: C'ity C'��uncil �tectin� ;�1inirt�s (. - ' �1111111111CC ��1��ctin�; I).�tc: Ni:1 li�r mc�tin� uf c'c �UNC'!I. �1L:l:�flN(� I)atr: _�"�_ 20 1 O �t� �c� �4 � 20 ( O Dc��.u C'ity('�uncil Prescntcr: Nirk �VuFford, C uuncil President Phone: (3GI)) �73-528U tiU��1i�1ARY: Attached is the summary of the City Council Meetin� held �"'v �Y ( q. ��o l fl ATTACHMENTS: Meeting Mirnites for �v �� (�- � 2a � b FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: Council President C [TY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N/A C'OMMITTEE CHAIR N/A ('OUNC'IL PRESIDENT: CONSENT AGENDA � GENERAL BUSINESS ❑ � _ P(.iBLIC HEARING ❑ ItF.CO,tili�lE;VDED ��IOTION: �l��vc t�� �i��rrovc mcetin� minutes as prescntc�l. ('O[�\('IL ��('TION: ❑ �lpprove ❑ [)eny ❑ 'I'abl� ❑ ('untinu� ❑ No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES July 14, 2010 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, Of th@ NORM DICKS GOVERNMENT CENTER 345 6 Street, Bremerton, Washington, Wednesday, July 14, 2010, at 5:00 PM, with Council President Nick Wofford presiding. Council Members present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald. Council Assistant Christine Grenier was present to provide staff support. President Wofford 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. Since majority of the items to be presented have just passed through committees or are receiving legal review, updates will be provided. 1. Proposed public hearing and ordinance amending Chapter 20.48.060 of the Bremerton Municipal Code (BMC) entitled "Residential Parking Development Standards" — Nicole Floyd, Department of Community Development Public Hearing on July 21 Council Agenda 2. Professional Services Agreement with the B�unnEN CoNSU�TiN� GROUP, Itvc. for the South Kitsap Industrial Area (SKIA) Sub-Area Plan — Lindsey Sehmel, Department of Community Development Genera/ Business on July 21 Council Agenda 3. Proposed public hearing and adoption of resolution making changes to the 2008 and 2010 CDBG/HOME Action Plans — Marie Vila, Community Development Block Grant Program Public Hearing on July 21 Council Agenda 4. Purchase of art prints created by Don Paulson dba DoN Pau�soN PHOro�w�PHY located in Seabeck, WA — Andrea Spencer, Director of Community Development Consent Agenda on July 21 Council Agenda 5. Purchase of finro (2) pieces of ceramic tile art created by Paula Gill dba RE� STEP STUDIO located in Bremerton, WA — Mayor Patty Lent; and Dianne Robinson, Public Works Committee Chair Consent Agenda on July 21 Council Agenda 6. Grant approval with EPA for Gorst Creek Comprehensive Watershed Plan —Tom Knuckey, Public Works and Utilities Department; and Andrea Spencer, Director of Community Development Consent Agenda on July 21 Council Agenda 7. Amendment No. 1 to Memorandum of Agreement with Kitsap Regional Library — Mike Mecham, Interim Public Works and Utilities Director Consenf Agenda on July 21 Agenda , , Item was pulled...No Council action required... B. PORT OF BREMERTON JOINT STUDY SESSION 1. Items discussed included SKIA, BEDS, transportation projects (Belfair Bypass, Sinclair Inlet Bridge, and Cross Connector), marina, airport, business climate, and proposed parking garage. City Council Study Session Minutes Wednesday, July 14, 2010 Page 2 of 2 With no further business, President Wofford adjourned the Study Session at 7:16 PM. � Prepared and Submitted by: � . CH ISTINE GRENIER Council Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg DATE SUBMIT"TED: July 7, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL . ....................................................................................... SUBJECT: Purchase of + fine art Committee Meeting Date: July 14, 2010 prints created by Don Paulson dba Don COUNCIL MEETING Date: July 21, 2010 Paulson Photography located in Seabeck, Department: DCD WA. Presenter: Andrea Spencer Phone: 473-5283 SLfMMARY: The Arts Commission has a continuously open registry for local artists; it was this resource that the Arts Commission used when selecting artists for the newly renovated Municipal Court building. One hundred forty six images from thirty Kitsap County artists were reviewed before the commission selected Don Paulson of Seabeck as one of the two artists chosen for the Municipal Court public art project. ATTACHMENTS: 1. Sample images of Don Paulson Photography. FISCAL IMPACTS (Include Budgeted Amount): $1,000.00 for fine art prints (anticipate purchasing five prints) and $500.00 for framing costs for a total of $1,500.00 from the 1% For Arts program fund. , APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: � CONSENT AGENDA � GENERAL BUSINESS ❑ �UBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the purchase of �� �� fine art prints from Don Paulson dba Don Paulson Photography and authorize the expenditure of $500.00 for &aming costs. COUNCII. ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action � Q��I���o�� � . � i ��ov���c� oa���c�s� �� _ _ ��o� I��ao���m� p������°���v� �� ,� - - . 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SUBJECT: Purchase of two pieces of Committee Meeting Date: Ju1y 14, 2010 ceramic tile art created by Paula Gill dba Red COUNCIL MEETING Date July 21, 2010 Step Studio located in Bremerton, WA. Department: DCD Presenter: Andrea Spencer, DCD Phone: 473 SUMMARY: The Arts Commission has a continuously open registry for local artists; it was this resource that the Arts Commission used when selecting artists for the newly renovated Municipal Court building. One hundred forty six images from thirty Kitsap County artists were reviewed before the commission selected Paula Gill of Bremerton as one of the two artists chosen for the Municipal Court public art project. ATTACHMENTS: 1. Sample images of Paula Gill's work 2. Proposed contract with Paula Gill dba Red Step Studio. FISCAL IMPACTS (Include Budgeted Amount): $1,000.00 from the 1% For Arts program fund. APPROVALS: � DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ,� GENERAL BUSINESS ❑ ; PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the contract to purchase two pieces of ceramic tile art from Paula Gill dba Red Step Studio and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action � ;: � f,���� Attachment 1 ��� � � Sample Images of �.. R ^,��� Paula Gill's Arlwork .°� r ,'�,`�� � e` � " ��''`��8 i. 4��` ; ���,;� \� �: �`�i' ` ,�}�� :� , _,��; �� �. ; _ �:. . � . 4 t`t` � ,y � g � 'j�. �i�i.�� - �= �:: � . �� �'�_ �': r '��;;° , ,-�_ _ o �� — �', .. - _� --�" r .,,�', �" y� _ ��. �_ �. ' , � �� �`- � ' °�'�"'_' �^,�. � - �-�._ • ' . Ya�.. � � : ." _r. . �_''" � � "' �� .sl,1�. 1 ��� , °/ i. , „� '" �a �:�"; �y, � (.;, .<*,j ,�� Jjl�' , " '1 '��� � � / ', -- �. �' � `�".. 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'� . `t ,� =�`'�- � ,,�� ' "- � �' ' `� ' i � O ; � r�.'.:.. t� �F.� - ����� ,�... �_: � .; J ��M� �. . �`�a�;�.' �,. ;', - .�. _� ,.� �,-� � '_ �,- � -�� s�� -.�.�� r y ��. �.: �� ��, . .'��, .�°, ' � , r' `� � � �' �., -, t � �i� �a,"�". g',.;�+� ���� P `*� �,� F� �; � °': � A `� ' ' $ �� F�h ` ' r }�`�,i'��d�j %� Ct �� � d ��� � ' � i�.b �'� � "�` ' . � � ti ��� '�.C��'O. � 'z' .. �, � � . _ aa - � ids gR� � S�i�.��..�f 1� � 1� �.!� E4 � � � , C <�. s �{� i� � t � ,1 ��i��" t �,_�� ', F x 3}.�� }' �� �, i e � e ��� : � r a �- - �.� � °���� �?��, .�� .��4�'��fi �. �� j ,, �`� ���I'� �„�� , �� ��;, � *�•� ��'�. ?J �9' � ` � � ' �. . � ���� 7 �., Y �' � �"� � � S t � '-� a ;� t, �' ., •�� 9�r�w?���t: '#i!-� ,.�� '. ��•.�%�di�.r i Attachment 2 Contract with Paula Gill dba Red Step Studio CONTRACT FOR COMMISSIONED ARTWORK THIS CONTRACT is entered into by CITY OF BREMERTON (the "City"), having its principal offices at 345 — 6�' Street, Suite 600 and Paula Gill dba Red Step Studio (the "Artist") whose principal address is: 1739 N Lafayette Avenue, Bremerton, WA 98312 Telephone: (360) 373-4744, Paula@Redstep.com. In consideration of the mutual benefits and covenants contained herein, the City and the Artist agree as follows: SECTION 1. EFFECTIVE DATE OF CONTRACT The Contract will become effective on execution and terminate on installation and final approval. In no event will the Contract become effective unless and until it is approved and executed by the City Council. SECTION 2. SERVICES TO BE PROVIDED 2.1 A description of the services to be performed by the Artist is set forth in Exhibit A: Description of Services, which is attached to the Contract and incorporated by this reference. 2.2 The Artist agrees to provide his own labor and materials. Unless otherwise provided for in the Contract, the City will furnish no material, labor or facilities. 2.3 The Artist will perForm the work specified in the Contract according to standard industry practice. 2.4 The Artist will complete her work in a timely manner and in accordance with the schedule agreed to by the parties. 2.5 The Artist will perform the services set forth above and required under this contract in a satisfactory and competent manner. Should the Artist employ and subcontract with any third persons in the perFormance of this contract, the Artist agrees that all such third persons will be bound by the terms and conditions of this contract. The Artist agrees to comply with all applicable city, local, state and federal laws, regulations and ordinances regarding performance of all work necessary to complete the senrices contracted for herein. 2.6 The Artist will confer with the Arts Commission and City staff from time to time during the progress of the work. The Artist will prepare and present status reports and other information that may be pertinent and necessary, or as may be requested by the Arts Commission or mandated in Exhibit A. 2.7 The City will be responsible for the preparation of the installation site and signage identifying the artist and piece. SECTION 3. CONTRACT REPRESENTATIVES The City and the Artist will each have a contract representative. A party may change its Page 1 of 13 ( Attachment 2 Contract with Paula Gill , dba Red Step Studio representative upon providing written notice to the other party. The parties' representatives are as follows: City's Contract Representative: Pam Bykonen 345b — 6�' Street, Suite 600 Bremerton, WA 98337 360-3473-5202 360-473-5278 (fax) Pam. Bykbnen@ci. bremerton.wa. us Contractor's Contract Representative: (360) @ SECTION 4. COMPENSATION 4.1 A description of the compensation to be paid to the Artist is set forth in Exhibit 6: Compensation, which is attached to the Contract and incorporated by this reference. 4.2. The total amount payable under the Contract by the City to the Artist in no event will exceed $1,000.00. 4.3. The City shall work with the artist to determine the date of completion of the project. The artist may submit a final invoice to the City once the project is completed. Subject to the other provisions of the contract, the City will generally pay such an invoice within 30 days of receiving it. It is understood that the City has no obligation regarding sales commissions or any agreements with galleries or agents with whom the Artist may have contracted. 4.4 The Artist will be paid only for work expressly authorized in the Contract. 4.5 The Artist will not be entitled to payment for any services that were perFormed prior to the effective date of the Contract or after its termination, unless a provision of the Contract expressly provides otherwise. 4.6 If the Artist fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, the City may withhold any payment due the Artist until the City is satisfied that corrective action, as spec�ed by the City, has been completed. This right is in addition to, and not in lieu of, the City's right to terminate this contract. 4.7 In the event that the Artist breaches any of the obligations, terms and conditions of this contract, has failed to provide in any manner the work or services agreed to herein, and if the City deems said breach to warrant corrective action, the following sequential procedure shall be followed: Page 2 of 13 Attachment 2 Contract with Paula Gill dba Red Step Studio 1. The City shall notify the Artist in writing of the nature of the breach; 2. The Artist shall respond in writing within ten (10) working days of his/her receipt of such notice, and indicate in the response the steps being taken to correct the specified non-compliance actions constituting breach. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance; 3. The City shall and hereafter notify the Artist in writing of the City's determination as to the sufficiency of the Artist's corrective action plan. The determination of sufficiency of the Artist's corrective action plan shall be at the sole discretion of the City; 4. In the event that either the Artist does not respond or provide a corrective action plan within ten (10) working days or the Artist's corrective action plan is deemed to be insufficient, the City may terminate this contract in whole or in part pursuant to the Termination Section; 5. In addition, the City may withhold any payment owed the Artist and/or prohibit the Artist from incur�ing additional expenses until the City is satisfied that coRective action has been taken o� completed; and 6. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to the Termination Section. 4.8 The contract amount is inclusive of all applicable state and federal taxes including any Washington State Sales Tax owed by the City as a result of this contract. It is the responsibility of the Artist to remit any sales taxes to the Washington State Department of Revenue. SECTION 5. AMENDMENTS AND CHANGES IN WORK - WARRANTIES 5.1. The Artist warrants that the design or work being commissioned is the original product of his/her own creative efforts. 5.2. The Artist shall be responsible for a period of one year from the date of installation of the Artwork for the integrity of the materials and fabrication techniques of the artwork. ArtisYs liability for breach of this warranty shall be limited to the cost of repairs of the artwork. The responsibility for the determination of the Artist's liability for faults or defects in the work during the one-year period shall be solely that of the City. The Artist is not expected to warrant damages caused by vandalism, accidents, normal wear and tear and natural occurrences such as storms, fires, floods and earthquake damage. 5.3 In order to be effective, any Contract renewal, amendment or modification must be in writing, be signed by both parties and be attached to the Contract. Work under a renewal, an amendment or a modification may not commence until the renewal, amendment or modification has been approved by the Arts Commission, as well as the City Council, and has become effective. 5.4 The City may request that the Artist provide additional services beyond those required in the Scope of Service. These additional services, if performed due to unusual circumstances outside the Artist's contract which cause the Artist extra work and expense, shall be paid for by the City in addition to the agreed upon fee set forth in paragraph 4.2 above, provided that the Artist first obtains prior authorization of the extra expense(s) by the City. SECTION 6. HOLD HARMLESS AND INDEMNIFICATION 6.1 The Artist will hold harmless, indemnify and defend the City, its o�cers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages Page 3 of 13 Attachment 2 Contract with Paula Gill dba Red Step Studio and judgments of any nature whatsoever, including reasonable costs and attomeys' fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the acts, errors or omissions of the Artist, its officers, emptoyees or agents in the performance of the Contract. Provided, however, that the Artist's obligation under this provision will not extend to injury, sickness, disability, death or damage caused by or arising out of the sole negligence of the City, its officers, officials, employees or agents. The Artist's duty extends to the claim by Contractors or any subcontractor's o�cers, employees or agents. For the purposes of this indemn�cation provision, the Artist expressly waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties. 6.2 Provisions of this section shall survive the expiration or termination of this agreement. 6.3 The Artist's obligations under these provisions include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, eROr or omission, or breach of any common law, statutory or other delegated duty by the Artist, the Artist's employees, agents or subcontractors. SECTION 7. INSURANCE 7.1. Commercial Liability Insurance coverage is not required during the design phase of this contract or while the Artist is completing work on the arlwork in his/her studio. Prior to the commencement of any on-site fabrication, the Artist and/or his/her subcontractors shall purchase and maintain for the duration of any on-site fabrication, commercial liability insurance in the amount of $1,000,000.00 against claims for injuries to persons or damages to property that may arise from, or in connection with, the performance of wo�k done by the Artist, his/her agents, representatives, employees, and/or subcontractors A. The Artist and/or his/her subcontractors shall pay for the costs of the required insurance. B. All insurance policies shall name the City of Bremerton, its officers, officials, employees and agents as additional insureds as respects liability arising out of activities performed by or on behalf of the Artist in connection with this Contract. C. Any deductibles or self-insured retentions must be declared to, and approved by, the City. The deductible and/or self-insured retention of the policies shall not apply to the Artist's liability to the City and shall be the sole responsibility of the Artist. D. The Artist's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought. E. The Artist's insurance coverage shall be the primary insurance as respect to the City, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the City, its officers, officials, employees, or agents shall not contribute to the Artist's insurance or benefit the Artist in any way. 7.2 WORKERS COMPENSATION: Coverage as required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington. Page 4 of 13 Attachment 2 Contract with Paula Gill dba Red Step Studio 7.3 PROFESSIONAL LIABILITY: Visual Artists do NOT require professional liability insurance. However, in the event that services delivered as a part of this contract require professional services, Professional Liability, Errors and Omission coverage shall be provided. "Professional Services", for the purpose of this contract section shall mean any services provided by a licensed professional, such as structural review or engineering. 7.4 The Artist will include all subcontractors as insured's under its policies or will fumish separate certificates and endorsements for each subcontractor. All coverage for subcontractors will be subject to all of the requirements stated in these provisions. 7.5 The insurance limits mandated for any insurance coverage required by the Contract are not intended to be an indication of exposure, nor are they limitations on indemnification. 7.6 Verification of Coverage and Acceptability of Insurers: A. If the Artist performs any on-site fabrication, the Artist shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-VII, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. B. If the Artist performs any on-site fabrication, the Artist shall furnish the City with properly executed certificates of insurance or a signed policy endorsement that will clearly evidence all insurance required in this Section within 10 days after the effective date of the Contract. The cert�cates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract may not be materially changed, canceled, or allowed to expire, except on 30-days' prior written notice to the City. Any certificate or endorsement limiting or negating the insurer's obligation to notify the City of cancellation or changes must be amended so as not to negate the intent of this provision. C. If the Artist performs any on-site fabrication, the Artist shall fumish the City with evidence that the additional-insured provision required above has been met. Acceptable forms of evidence are the endorsement pages of the policy showing the City as an additionat insured. D. Written notice of cancellation or change shall be mailed to the City at the following address: Risk Management Division City of Bremerton Legal Department 345 — 6�' Street, Suite 600 Bremerton, WA 98337 E. If the Artist perForms any on-site fabrication, the A�tist or his/her broker shall provide a copy of all insurance policies specified in the Contract upon request of the City of Bremerton Risk Manager. Page 5 of 13 Attachment 2 Contract with Paula Gill dba Red Step Studio SECTION 8. TERMINATION 8.1 The City may terminate the Contract in whole or in part whenever the City determines, in its sole discretion, which such termination is in the best interests of the City. The City may terminate the Contract upon giving the Contractor 10-days' written notice. In that event, the City will pay the Contractor for all costs incurred by the Contractor in performing the Contract up to the date of such notice, subject to the other provisions of the Contract. 8.2 If funding for the underlying project or matter is withdrawn, reduced or limited in any way after the Contract is signed or becomes effe�tive, the City may summarily terminate the Contract nofinrithstanding any other termination provision in the Contract. TeRnination under this provision will be effective upon the date specified in the written notice of termination sent by City to the Artist. No costs incuRed after the effective date of the termination will be paid. 8.3 If the Artist breaches any of its obligations under the Contract, and fails to cure the breach within 10 days of written notice to do so by the City, the City may terminate the Contract. In that event, the City will pay the Artist only for the costs of services accepted by the City. Upon such termination, the City, at its discretion, may obtain pertormance of the work elsewhere, and the Artist will bear all costs and expenses incurred by the City in completing the work and all damages sustained by the City by reason of the Artist's breach. SECTION 9. ASSIGNMENT, DELEGATION AND SUBCONTRACTING 9.1 The Artist will perform under the Contract using only its bona fide employees or agents, and the obligations and duties of the Artist under the Contract will not be assigned, delegated or subcontracted to any other person or firm without the prior express written consent of the City. 9.2 The Artist warrants that it has not paid, nor has it agreed to pay, any company, person, partnership or firm, other than a bona fide employee working exclusively for Artist, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of the Contract. SECTION 10. INDEPENDENT CONTRACTOR 10.1 The Artist's services will be furnished by the Artist as an independent contractor and not as an agent, an employee or a servant of the City. The Artist specifically has the right to direct and control Artist's own activities in providing the agreed services in accordance with the specifications set out in the Contract. The Artist and/or his/her agents or emptoyees and/or sub- contractors shall make no claim of career service or civil service rights which may accrue to a City employee under state or local law. 10.2 The Artist acknowledges that the entire compensation for the Artist is set forth in the compensation provisions of the Contract and the Artist is not entitled to any City benefits, including, but not limited to: vacation pay; holiday pay; sick leave pay; medical, dental or other insurance benefits; fringe benefits; or any other rights or privileges afforded to City employees. 10.3 The Artist will have and maintain complete responsibility and control over all of its subcontractors, employees, agents and representatives. No subcontractor, employee, agent or representative of the Artist will be or be deemed to be, or act or purport to act, as an employee, Page 6 of 13 Attachment 2 Contract with Paula Gill dba Red Step Studio agent or representative of the City. 10.4 The City assumes no responsibility for the payment of any compensation, wages, benefits, or state and/or federal taxes by, or on behalf of, the Artist. The Artist shall protect, indemnify and hold harmless the City its officials, officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from 1) The Artist's failure to pay any compensation, wages, benefits, or taxes; and/or 2) The Artist's receipt of work, services, materials, or supplies from the Artist's employees, suppliers or sub-contractors in connection with or support of the Artist's perFormance of services contracted for herein. 10.5 The Artist further agrees that he/she is financially responsible for and will repay the City all indicated amounts following an audit which occurs due to the negligence, intentional act and/or failure for any reason to comply with the terms of this contract by the Artist, his/her employees, or agents. The Artist's obligation to repay the City shall not be diminished or extinguished by the prior termination of the contract pursuant to the Duration of Contract, or the Termination Section. SECTION 11. NONDISCRIMINATION 11.1 The Artist, its assignees, delegates or subcontractors will not discriminate against any person in perFormance of any of its obligations under the Contract on the basis of race, color, creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status or the presence of any disability. SECTION 12. OWNERSHIP OF MATERIALS/WORKS PRODUCED 12.1. The Artist and City agree that any proposal to alter, modify, or otherwise change the work of the Artist shall be first discussed with the Artist. The City will make a good faith effort to contact the Artist and obtain written approval to proceed with the proposed alteration, modification, or change; such approval shall not be unreasonably withheld by the Artist. If an alteration, modification or change should occur, the Artist reserves the right to request that the work no longer be represented as the work of the Artist and to have his/her name removed from any plaque or other identification of the Artwork provided that the Artist shall make this request to the City in writing. 12.2 The Artist agrees the City will be granted royalty-free the authority to incorporate the project artwork in construction documents for the purposes of constructing and completing the project. 12.3 The Artist shall have the right to photograph, or contract to have the project photographed, during and upon completion of construction and to provide these photographs for publication. 12.4 If the Artist chooses to register the project and a copyright is registered with the US Copyright Office, the Artist shall provide the City's contract administrator with a copy of the application for registration, the registration number and the effective date of registration. Except as provided in this Agreement, the Artist retains all copyrights in the project including its preliminary design and incidental works created for the Project. 12.5 The Artist hereby grants the City permanent, assignable, non-exclusive royalty-free Page 7 of 13 Attachment 2 Contract with Paula Gill dba Red Step Studio permission to make, or cause to be made, photographs and other two dimensional reproductions and models of the project for educational, project awards, public relations, tourism, arts promotional purposes without payment of a royalty to the Artist. For purposes of this Agreement, the following are among those deemed to be permissible reproductions for the above cited purposes: brochures and pamphlets pertaining to the Engineer and Owner; reproduction in exhibition catalogues, project awards, books, slides, photographs, postcards, posters, and calendars; in art magazines, art books and art and news sections of newspapers; in general books and magazines not primarily devoted to art; slides and film strips; and television. On any and all such reproductions a credit to the Artist will appear. The Artist agrees that all written references to and reproductions of the project shall include the Artist's name, the title of the work, and the following credit line: "This project was sponsored by the City of Bremerton's 1% For Arts prog�am." SECTION 13. PATENT/COPYRIGHT INFRINGEMENT 13.1 The Artist will hold harmless, indemnify and defend the City, its officers, officials, employees and agents, from and against any claimed action, cause or demand brought against the City, where such action is based on the claim that information supplied or work performed by the Artist or subcontractor infringes any patent or copyright or other intellectual property or proprietary right. The Artist will be notified promptly in writing by the City of any notice of such claim. SECTION 14. DISPUTES 14.1 Differences, disputes and disagreements befinreen the Artist and the City arising under or out of the Contract will be brought to the attention of the City at the earliest possible time so that the matter may be settled or other appropriate action promptly taken. The City's contract representative or designee will decide any dispute relating to the quality or acceptability of perFormance or compensation due the Artist. All rulings, orders, instructions and decisions of the City's contract representative will be final and conclusive. SECTION 15. MISCELLANEOUS 15.1 No Waiver. The parties agree that the excuse or forgiveness of perFormance, or waiver of any provisions of the Contract, does not constitute a waiver of such provision or future performance, or prejudice the right of the waiving party to enforce any of the provisions of the Contract at a later time. 15.2 Tax Payments. The Contractor will pay all applicable federal, state and local taxes, fees (including licensing fees) and other amounts. 15.3 Personnel Removal. The Contractor agrees to remove immediately any of its subcontractors, employees, agents or representatives from assignment to perform services under the Contract upon receipt of a written request to do so from the City's contract representative or designee. 15.4 Legal Compliance. The Contractor and its subcontractors, employees, agents and representatives will comply with all applicable federal, state and local laws, rules and regulations in their performance under the Contract. Page 8 of 13 Attachment 2 Contract with Paula Gill dba Red Step Studio 15.5 The Artist and/or his/her subcontractors, shall maintain records in accordance with generally accepted accounting procedures and other evidence of all expenses incurred in the performance of this contract. The City and/or Federal/State officials shall, for the purpose of examination and audit, have access to and be permitted to inspect such records and other evidence of costs and expenses charged to the City and/or incurred for the Artwork for a period of six (6) years after termination of contract. 15.6 Severability. If a court of competent jurisdiction holds any provision of the Contract to be illegal, invalid or unenforceable, in whole or in part, the validity of the remaining provisions will not be affected, and the parties' rights and obligations will be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If any provision of the Contract conflicts with any statutory provision of the State of Washington, the provision will be deemed inoperative to the extent of the conflict or modified to conform to statutory requirements. 15.7 Entire Agreement. The parties acknowledge that the Contract is the complete expression of their agreement regarding the subject matter of the contract. Any oral or written representations or understandings not incorporated in the Contract are specifically excluded. 15.8 Notices. Any notices will be effective if personally served upon the other party or if mailed by registered or certified mail, retum receipt requested, to the addresses set out in the contract representative's provision of the Contract. Notice may also be given by facsimile with the original to follow by regular mail. Notice will be deemed to be given three days following the date of mailing, or immediately if personally served. For service by facsimile, service will be effective at the beginning of the next working day. CITY OF BREMERTON ARTIST (Signature) (Signature) By: Andrea L. Spencer, AICP By: Paula Gill IYs: Director of Community Development It's: ArtisUContract Representative Date: Date: Approved as to form: Received for filing: Bremerton City Attomey City Clerk Page 9 of 13 Attachment 2 Contract with Paula Gill dba Red Step Studio EXHIBIT A: DESCRIPTION OF SERVICES *****�****�*,�*,�******** CONTRACT FOR COMMISSIONED ARTWORK Paula Giil dba Red Step Studio (the "Artist") and City of Bremerton, (the "City") mutually agree that the Artist create artwork for the "Municipal Court Public Art� (the "Project"). The Artist will be expected to coordinate the fabrication and date of installation of the artwork with the Arts Commission Staff. The Artist agrees that an essential element of this agreement is the skill and creativity of the Artist. The Artist, therefore, shall not assign the creative or artistic portions of the work to another party without the consent of the City. Design and proposal development has been completed by the Artist under a separate contract. Issuance of this contract will be considered notice to proceed to fabrication and implementation of the approved design. The Artist shall: • Notify the Arts Commission if a significant change occurs in the scope, material, design or siting of the work subsequent to preliminary design approval, and submit the proposed changes for review prior to implementing the changes. • Warrant that the work is an original product of his/her own creative effort. • Guarantee the integrity of the materials and fabrication and installation techniques for a period of one year after installation. • Specify the limit of the edition if an artwork is selected which can be reproduced as an edition. • Notify City of Bremerton's Arts Commission staff of any changes of address during the project and following completion of the project for as long as the City shall own the artwork. • Provide regular reports to the Arts Commission as to the status of the project during the construction phase. The Artist will allow for studio visits from the Arts Commission as requested by Arts Commission staff. Implementation & Fabrication A. The artwork will consist of: See attached proposal from artist. B. The total budget shall not exceed $1,000.00 for the fabrication and delivery of the artwork. An approved budget is attached as part of this contract. The Artist shall provide all labor and materials necessary to produce and complete a finished work of art and delivery of artwork. C. The arfinrork must be completed in accordance with the construction schedule. The estimated Page 10 of 13 Attachment 2 Contract with Paula Gill dba Red Step Studio completion date is August 15, 2010. This date may be amended by mutual agreement of the Artist and the City. 1. The Artist shall be responsible for completion of fabrication and delivery of the artwork in accordance with the agreed upon schedule. The Artist will seek out regular updates from the Arts Commission Staff regarding the schedule for completion and installation of the artwork. 2. The Artist shall coordinate the schedule for implementation and completion of all studio fabrication with the Arts Commission staff. 3. The Artist shall coordinate all activities necessary for delivery and implementation of any on-site fabrication with Arts Commission staff. Artists and their sub-contractors must comply with all provisions provided by the Arts Commission staff or the Public Works Manager for working within the project areas. D. In the event that the Artist must make changes to the design during construction, the Artist shall present any significant changes in the scope, design, character or medium of the project to the City for approval. Significant aesthetic changes must be approved by the Arts Commission. E. In the event that the City must make changes to the designated artwork site during construction, the Artist will be notified immediately of the proposed changes. The Arts Commission staff and Project Manager will work with the Artist to find means of mitigating any negative impacts to the art projects. Any changes required of the Artist shall require a written change order and the increased cost of such change order in Artist's labor and materials shall be added to the contract amount. F. The Artist will provide information to the City regarding materials and finishes to be used in the creation of the artworks. Substitutions may be requested by the City in the event that the proposed materials do not comply with health and safety issues, ADA requirements or fire code ratings. G. Upon completion of the artwork and prior to final payment, the Artist must: 1. Make public presentations regarding the ariwork as requested by Arts Commission staff. 2. Provide photographic documentation of the artwork at the completion of the project. Photographic documentation will be submitted in the form of one (1) black and white 8'x10" photograph and five (5) digital color images on a compact disk (CD). 3. Submit a maintenance report for the project to the Arts Commission staff. The report . will provide detailed instructions regarding routine and extraordinary maintenance of the artwork, including specifications for any replaceable units or specialty fabricated parts such as tiles, grates, grouts, paint colors, or other surface finishes, plantings, or multiple- cast elements. 4. Submit an Artist's statement concerning the artwork purchased under this agreement; and 4. Submit the Artist's professional resume. , Page 11 of 13 Attachment 2 Contract�with Paula Gill dba Red Step Studio EXHIBIT A (PHOTO OF PROPOSED WORK TO BE INSERTED ONCE 'THE SELECTION IS FINALIZED) Page 12 of 13 Attachment 2 Contract with Paula Gill dba Red Step Studio EXHIBIT B: COMPENSATION & PAYMENT SCHEDULE ; The Artist wili be paid a total of $1,000.00 for the scope of work included in this contract. The payments will be made upon delivery of completed artwork, receipt of support materials outlined in Exhibit A, and final acceptance of the arfinrork. Estimated completion date to be determined. All Invoices should be mailed or delivered to: Pam Bykonen, Clerk City of Bremerton 1% For Arts Program 345 — 6�' Street, Suite 600 Bremerton, WA 98337 The Artist will submit the final invoice and other documents as are required by this Contract within sixty (60) days of completion of the Scope of Se►vice. Unless waived by the City in writing, failure by the Artist to submit the final invoice and required documents will relieve the City from any and all liability for payment to the Artist for the amount set forth in such invoice or in any subsequent invoice. � Page 13 of 13 DATE SUBMITTED: July 7, 2010 � AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Grant Approval with EPA for Committee Meeting Date: July 14, 2010 Gorst Creek Comprehensive Watershed Plan COLINCIL MEETING Date: July 21, 2010 Department: PW&U/Community � Development Presenter: Tom Knuckey/Andrea Spencer Phone: 473-2376/473-5283 SUMMARY: The City has been offered $659,477 in grant funding from the US EPA to develop a Comprehensive Watershed Plan for the Gorst Creek Watershed. The Watershed Plan is a multipart program to adopt land use regulations that will guide sustainable development within the watershed. The watershed plan will be developed with Kitsap County as a partner to ensure all project deliverables are coordinated between the two jurisdictions. The requested action before Council is approval of a Grant with the EPA to develop the Gorst Creek Comprehensive Watershed Plan, and amendment of the 2010 Stormwater expenditure budget to complete the work. ATTACHMENTS: Council Summary; Grant Agreement FISCAL IMPACTS (Include Budgeted Amount): The 2010 Stormwater expenditure budget must be increased by $85,000. The Grant will reimburse project costs, plus project partner expenses at 74.96%. City unreimbursed expense is staff labor estimated at $12,000 for 2010. APPROVALS: � DEPARTMENT DIRECTOR: �� CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: C. COMMITTEE CHAIR ' � ���n i COUNCIL PRESIDENT: � CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve a$659,477 grant from the United States Environmental Protection Agency (US EPA) and increase the Stormwater Expenditure Budget by $85,000, and authorize the Mayor to finalize and execute the Grant Agreement. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Gorst Watershed Comprehensive Planning Grant PROJECT SUMMARY The City would be the lead agency to develop a comprehensive watershed plan for sustainable development and restoration of the Gorst Creek watershed. The project includes several components — the components and deliverables include the following: 1. Watershed Characterization Studv — this study will identify critical areas and areas with high ecological value to be protected, and also identify areas to be developed. The output from this initial study will be used in all following deliverables. 2. Land Use Plan and Requlations — development of a Land Use Plan for the Watershed, and development regulations to be adopted by the City and Kitsap County. 3. Planned Action EIS — an EIS will be conducted for the watershed to establish baseline/no permit action criteria for development. This will facilitate development by streamlining the permit process. 4. Stormwater Plan — this plan includes development of a hydraulic model for the watershed, along with identification and prioritization of existing surface water issues. 5. Caqital Imqrovement and Corrective Action Plan — development of a CIP to address existing deficiencies and ensure development of necessary infrastructure to accommodate growth. This task includes development of a pre- design for correction of the existing Gorst Landfill, and a fish impeding culvert on Gorst Creek. 6. Outreach and Information Transfer Proqram — conducting a series of ineetings and development of handouts to convey finding of the plan. FISCAL SUMMARY General This project includes both Stormwater and General Fund expense and revenue, and is not in the 2010 budget. Project expenditures and revenues will accumulate in the Stormwater Fund, and be distributed annually to the General Fund. The Comprehensive Plan project cost is estimated at $879,769, a$659,477 grant has been offered. Grant reimbursement is 74.96% of the sum of City labor, consultant fees, donated labor from project partners, and other project costs up to a maximum of $659,477. Contracts & Expenses The following expenditures are anticipated for the project: • Consultant Services PSA = $536,400 • City Labor Cost =$235,927 (Note: $123,077 is reimbursed by the grant, $112,850 is non-reimbursed grant match) • Donated Labor (staff time) from Project Partners =$107,442 (all is match) A projection of project costs, revenues, and staff time obligation follows: City of Bremerton Gorst Creek Watershed Plannrng Grant July 2010 GORST CREEK WATERSHED COMPREHENSIVE PLANNING EXPENDITURE PROJECTION BY TASK Current 6/19/2010 2010 2011 2012 2013 PROJECT TASKS TASK COST Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 (1) Watershed $150,003 Percent of Task 50% 50% Characterization Cost per Qtr Study , Cost er Qtr $0 $75,002 $75,002 $0 $0 $0 $0 $0 $0 $0 $0 $0 (2) Land Use Plan and $160,200 Percent of Task 15% 15% 18% 18% 18% 18% Development Cost per Qtr Regulations Cost er Qtr $0 $0 $0 $24,030 $24,030 $28,035 $28,035 $28,035 $28,035 $0 $0 $0 (3) Planned Action EIS $174,750 Percent of Task 33% 33% 33% Cost per Qtr Cost er Qtr $0 $0 $0 $0 $0 $0 $58,244 $58,244 $58,262 $0 $0 $0 (4) Stormwater Plan $124,450 Percent of Task 13% 13% 29% 29% 17% Cost per Qtr Cost er Qtr $0 $0 $0 $15,631 $15,631 $36,277 $36,277 $20,634 $0 $0 $0 $0 (5) Capital Improvement $175,950 Percent of Task 25% 25% 25% 25°/a and Corrective Action Cost per Qtr Plan Cost er Qtr $0 $0 $0 $43,988 $43,988 $43,988 $43,988 $0 $0 $0 $0 $0 (6) Outreach and $94,416 Percent of Task 10% 10% 10% 10% 10% 10% 10% 15% 15% information Transfer Cost per Qtr Plan Cost erQtr $0 $9,442 $9,442 $9,442 $9,442 $9,442 $9,442 $9,442 $14,162 $14,162 $0 $0 TOTALS $879,769 $0 $84,443 $84,443 $93,090 $93,090 $117,741 $175,985 $116,355 $100,459 $14,162 $0 $0 TOTAL ANNUAL COST $84,443 $388,364 $406,961 $0 EXPENDITURE PROJECTION BY EXPENSE CATEGORY FUNDS 2010 2011 2012 2013 EXPENSE CATEGORY COMMITTED Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 ConsultantFees $536,400 $0 $47,135 $47,135 $53,333 $53,333 $65,186 $113,048 •$77,982 $71,022 $8,228 $0 $0 Donated Laborfrom Partners $107,442 $0 $12,644 $12,644 $14,472 $14,472 $16,377 $16,377 $9,498 $9,241 $1,716 $0 $0 Bremerton Total Labor (Note 2) $235,927 $0 $24,664 $24,664 $25,285 $25,285 $36,179 $46,561 $28,875 $20,195 $4,219 $0 $0 TOTALS $879,769 $0 $84,443 $84,443 $93,090 $93,090 $117,741 $175,985 $116,355 $100,459 $14,162 $0 $0 TOTAL ANNUAL COST $84,443 $388,364 $406,967 $0 NOTES: 1- Project start is approximately 1-quarter later than anticipated in the application - all times are shifted 1-quarter from the application estimates. 2- A portion of Bremerton Labor will be Reimbursed by the Grant as shown on Page 2. T:WLL USERSIWOODSWgenda BiIIs�20101Watershed Grant\100620_Expense Revenue Timeline With Labor Breakdown.xls Page 1 of 2 BREMERTON TOTAL LABOR PROJECTION 2010 2011 2012 2013 DEPARTMENT Cost/Hrs Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Bremerton - DCD $115,914 Labor Cos $0 $18,887 $18,887 $7,487 $7,487 $9,216 $18,560 $16,791 $16,488 $2,109 $0 $0 (Total - Includes Re- Yr Totai= $18,887 Annual Total= $43 078 Annual Total= $53,949 Yr Total= $0 imbursed Labor) 1,783 Equivalent Hr 0 291 291 115 115 142 286 258 254 32 0 0 Yr Total= 291 Annual Total= 663 Annual Total= 830 Yr Total= 0 Bremerton - Engr $120,013 Labor Cos $0 $5,777 $5,777 $17,798 $17,798 $26,963 $28,001 $12,084 $3,707 $2,109 $0 $0 (Total - Includes Re- Yr Total= $5,777 Annual Total= $68,335 Annual Total= $45,901 Yr Total= $0 imbursed Labor) 1,846 Equivalent H 0 89 89 274 274 415 431 186 57 32 0 0 Yr Total= 89 Annual Total= 1 051 Annual Total= 706 Yr Total= 0 TOTALS $235,927 $0 $24,664 $24,664 $25,285 $25,285 $36,179 $46,561 $28,875 $20,195 $4,219 $0 $0 TOTA� ANNUAL COST $24,664 $111,413 $99,850 $0 BREMERTON GRANT MATCH (NON LABOR) PROJECTION 2070 2011 2012 2013 DEPARTMENT CosUHrs Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Bremerton - DCD $55,445 Labor Cos $0 $9,034 $9,034 $3,581 $3,581 $4,408 $8,878 $8,032 $7,887 $1,009 $0 $0 Yr Total= $9,034 Annual Total= $20,605 Annual Total= $25,805 Yr Total= $0 853 Equivalent H 0 139 139 55 55 68 137 124 121 16 0 0 Yr Total= 139 Annual Total= 317 Annual Total= 397 Yr Total= 0 Bremerton- Engr $57,405 LaborCos $0 $2,763 $2,763 $8,513 $8,513 $12,897 $13,394 $5,780 $1,773 $1,009 $0 $0 Yr Total= $2,763 Annual Total= $32,686 Annual Total= $21,956 Yr Total= $0 883 Equivalent Hr 0 43 43 131 131 198 206 89 27 16 0 0 Yr Total= 43 Annual Total= 503 Annual Total= 338 Yr Total= 0 TOTALS $112,850 $0 $11,797 $11,797 $12,095 $12,095 $17,305 $22,271 $13,812 $9,660 $2,018 $0 $0 TOTAL ANNUAL COST $11,797 $53,292 $47,761 $0 NOTES: 1- Project start is approximately 1-quarter later than anticipated in the application - all times are shifted 1-quarter from the application estimate. 2- City Match is DCD and Engineering Labor 3- Bremerton Labor Hours estimated at $65hr, including reimbursible fringe benefits. Actual City effort will be determined during PSA Negotiation with Consultant. T:WLL USERS\WOODS�Agenda BiIIs�2010\Watershed Grant\100620_Expense Revenue Timeline With Labor Breakdown.xls Page 2 of 2 PO - OOJ08701 - 0 Pa e 1 ASSISTANCE ID NO. �� �, U.S ENVIRONMENTAL PRG DOC ID AMEND# DATE OF AWARD � PO - OOJ08701 - p O6/10/2010 ,�, PROTECTION AGENCY TypE OF ACTION MA{LING DATE �;�� � New 06/17/2010 � Cooperative Agreement PAYMENT METHOD: ACH# PEND RECIPIENT TYPE: Send Payment Request to: Municipal Las Vegas Finance Center FAX # 702-798-2423 RECIPIENT: PAYEE: City of Bremerton Public Works and Utilities City of Bremerton Public Works and Utilities 100 Oyster Bay Avenue N 3027 Olympus Drive Bremerton, WA 98312 Bremerton, WA 98310 EIN: 91-6001231 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Tom Knuckey, P.E. Michelle Wilcox Tony Fournier 3027 Olympus Drive 300 Desmond Dr. SE, Suite 102, ETPA-WOO Grants and Interagency Agreements Unit, OMP-145 Bremerton, WA 98310 Lacey, WA 98503 E-Mail: Foumier.Tony@epa.gov E-Mail: thomas.knuckey@ci.bremerton.wa.us E-Mail: wilcox.michelleQepa.gov Phone:206-553-1838 Phone:360-473-2376 Phone:360-753-9543 PROJECT TITLE AND DESCRIPTION City of Bremerton Public Works & Utilities The largely undeveloped Gorst Creek watershed feeds the headwaters of Sinclair Inlet in the Puget Sound. The City of Bremerton and Kitsap County are installing sewer lines in the Urban Growth Area to address water quality issues. Because no low impact or green development code provisions exist yet, this project will: evaluate and classity existing habitat in the Gorst Creek Watershed; develop a comprehensive plan and implement regulations to protect intact ecosystem processes, structures and functions; and create a Capital Improvement Plan to correct existing deficiencies. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 07/01/2010 - 12/31/2012 07/01/2010 - 12/31l2012 $879,769.00 $879,769.00 NOTICE OF AWARD Based on your application dated 01/25/2010, including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $659,477. EPA agrees to cost-share 74.96% of all approved budget period costs incurred, up to and not exceeding total federal funding of $659,477. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award by signing under the AffiRnation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, Subchapter B, and all terms and conditions of this agreement and any attachments. — -� ISSUING OFFICE (GRANTS AAANAGEMENT OFFICq AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS EPA Region 10 U.S. EPA, Region 10 Mail Code: OMP-145 Office of Ecosystems Tribal and Public Affairs 1200 Sixth Avenue, Suite 900 1200 Sixth Avenue, Suite 900 Seattle, WA 98101 Seattle, WA 98101 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE Digital signature applied by EPA Award Official Armina K. Nolan, Manager - Grants and Interagency Agreements Unit 06/10/2010 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE TYPED NAME AND TITLE DATE Patty Lent, Mayor EPA Funding Information PO-OOJ08701 -0 Page2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount Th(s Action $ $ 659,477 $ 659,477 EPA In-Klnd Amount $ $ $ p Unexpended Prior Year Balance $ $ $ p Other Federal Funds $ g $ p Recipient Contribution $ $ 112,850 $ 112,850 State Contribution $ $ 24,442 $ 24,442 Local Contribution $ $ 55,000 $ 55,000 Other Contribution $ $ 28,000 $ 28,000 Allowable Project Cost $ 0 $ 879,769 $ 879,769 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.120 - Puget Sound Watershed Management Clean Water Act: Sec. 320 40 CFR PTS 31 & 35 SUBPT P Assistance FY 2009 Omnibus Appropriations Act (PL 111-8) Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation I Code Organization Class Organization Deobllgation - 1010UQG010 091 10UOCKH 403668EP 478 659,47 659,47 PO - OOJ08701 - 0 Page 3 Bud et Summa Pa e Table A- Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1. Personnel $187,408 . 2. Fringe Benefits $52.961 3. Travel $0 4. Equipment $20,000 5. Suppiles $0 6. Contractual $536,400 7. Construction gp 8. Other $83,000 9. Total Direct Charges $879,769 10. Indirect Costs: °k Base gp 11. Total (Share: Recipient 25.04 % Federal 74.96 °�.) $879,769 12. Total Approved Asslstance Amount $659,477 13. Program Income $p 14. Total EPA Amount Awarded This Action $659,477 15. Total EPA Amount Awarded To Date $659,477 PO - OOJ08701 - 0 Page 4 Administrative Conditions 1. Payment Information All recipients must be enrolled to receive funds electronically via the EPA-EFT Payment Process. This electronic funds transfer process was initiated by EPA in response to the Debt Collection Improvement Act of 1996, P.L. 104-134 that requires all federal payments be made via Direct DeposiUElectronic Funds Transfer(DD/EFT). By signing the assistance agreement you are agreeing to receive payment electronically. In order to receive payments electronically, the ACH Vendor/ Miscellaneous Payment Enrollment Form (SF3881) must be completed and faxed to Marge Pumphrey at (702) 798-2423. After reviewing and processing the SF3881, the Las Vegas Finance Center (LVFC) will send you a letter assigning you an EFT Control Number, an EPA-EFT Recipient's Manual, and the necessary forms for requesting funds and reporting purposes. If you need further assistance regarding enrollment, please contact Marge Pumphrey at (702) 798-2492 or by e-mail to: pumphrey.margaret@epa.gov. Any recipient currently using the Automated Standard Application for Payments (ASAP) system with another government agency should contact Marge Pumphrey at (702) 798-2492 or e-mail to: p u m p h rey. m a rg a ret@e pa. g ov. Under any of the above payment mechanisms, recipients may requesUdraw down advances for their immediate cash needs, provided the recipient meets the requirements of 40 CFR 30.22(b) or 40 CFR 31.21(c), as applicable. Additionally, recipients must liquidate all obligations incurred within 90 calendar days of the project period end date. Therefore, recipients must submit the final request for payment, and refund to EPA any balance of unobligated cash advanced within 90 calendar days after the end of the project period. 2. Cost Principles/lndirect Costs Not Included (All Organizations) The cost principles of OMB Circular A-21, "Cost Principles for Educational Institutions," relocated to 2 CFR Part 220, OMB Circular A-87, "State, Local or Indian Tribal Governments," relocated to 2 CFR Part 225, or OMB Circular A-122, "Cost Principles for Non-Profit Organizations," relocated to 2 CFR Part 230, are applicable, as appropriate, to this award. Since there are no indirect costs included in the assistance budget, they are not allowable under this Assistance Agreement. 3. Federal Financial Report (FFR) Recipients shall submit finat Federal Financial Reports (FFR), Standard Form 425 (SF-425), to EPA no later than 90 calendar days after the end of the project period. The form is available on the internet at http://www.epa.pov/ocfo/finservices/forms.htm. All FFRs must be submitted to the Las Vegas Finance Center: US EPA, LVFC, PO Box 98515, Las Vegas, NV 89193, or by FAX to: 702-798-2423. The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final Federal Financial Report. Recipients will be notified and instructed by EPA if they must complete any additional forms for the closeout of the assistance agreement. EPA may take enforcement actions in accordance with 40 CFR 30.62 and 40 CFR 31.43 if the recipient does not comply with this term and condition. 4. Audit Requirements The recipient agrees to comply with the requirements of OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 5. Hotel-Motel Fire Safety Act Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at htto://www.usfa.dhs.qov/applications/hotel to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. 6. Recycled Paper INST/TUTIONS OF H/GHER EDUCAT/ON HOSP/TALS AND NON-PROF/T ORGANIZATIONS: In accordance with 40 CFR 30.16, the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. STATE AGENC/ES AND POLIT/CAL SUBD/VISIONS: In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. STATE AND LOCAL INST/TUTIONS OF HIGHER EDUCAT/ON AND NON-PROFIT ORGAN/ZAT/ONS: In accordance with 40 CFR 30.16, State and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines. STATE TR/BAL AND LOCAL GOVERNMENT RECIPIENTS: In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. 7. Lobbying ALL RECIP/ENTS: The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying . The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. PART 30 RECIPIENTS: All contracts awarded by a recipient shall contain, when applicable, the anti-lobbying provision as stipulated in the Appendix at Title 40 CFR Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, the recipient affirms that it is not a nonprofit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a nonprofit organization described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. 8. Lobbying and Litigation ALL RECIP/ENTS: The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing taw. The recipient shall abide by its respective OMB Circular (A-21, A-87, or A-122), which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other political activities. 9. Suspension and Debarment Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Recipient is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at www.epls.QOV. This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." 10. Drug-Free Workplace Certification for all EPA Recipients The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200 - 36.230. Additionally, in accordance with these regulations, the recipient organization must identify all known workplaces under its federal awards, and keep this information on file during the perFormance of the award. Those recipients who are individuals must comply with the drug-free provisions set forth in Title 40 CFR 36.300. The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can access the Code of Federal Regulations (CFR) Title 40 Part 36 at http://www.access.apo.pov/nara/cfr/waisidx 06/40cfr36 06 html. 11. Management Fees Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges° refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 12. Reimbursement Limitation If the recipient expends more than the amount of federal funding in its EPA approved budget in anticipation of receiving additional funds from EPA, it does so at its own risk. EPA is not legally obligated to reimburse the recipient for costs incurred in excess of the EPA approved budget. 13. Trafficking Victims Protection Act of 2000 To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the following provisions apply to this award: a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in the Prohibition Statement below through conduct that is either: (a) associated with performance under this award; or (b) imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1532. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in the Prohibition Statement below. b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and (2) is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of the Prohibition Statement below in any subaward you make to a private entity. Prohibition Statement - You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or subawards under the award. 14. Disadvantaged Business Enterprise Requirements (Effective May 27, 2008) GENERAL COMPLIANCE, 40 CFR, Part 33 The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. FA{R SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share objectives for MBE and WBE (MBE/WBE) participation in procurement under the financial assistance agreements. Accepting the Fair Share Objectives/Goals of Another Recipient The dollar amount of this assistance agreement is over $250,000; or the total dollar amount of all of the recipient's non-TAG assistance agreements from EPA in the current fiscal year is over $250,000. The recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the Washington Office of Minority and Women's Business Enterprises as follows: MBE: PURCHASED GOODS 8%; PllRCHASED SERViCES 10°l0; PROFESSIONAL SERVICES 10% WBE: PURCHASED GOODS 4%; PURCHASED SERVICES 4%; PROFESSIONAL SERVICES 4% By signing this financial assistance agreement, the recipient is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as Washington Office of Minority and Women's Business Enterprises. Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404 The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the recipient wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed MBEMBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. � SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub-recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (� If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. MBEIWBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503 The recipient agrees to complete and submit EPA Form 5700-52A, "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the recipient receives the award, and continuing until the project is completed. Only procurements with certified MBEIWBEs are counted toward a recipient's MBEMIBE accomplishments. The reports must be submitted semiannually for the periods ending March 31 and September 30"' for: Recipients of financial assistance agreements that capitalize revotving loan programs (CWSRF, DWSRF, Brownfields); and All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35, Subpart A and Subpart B recipients are annual reporters). The reports are due within 30 days of the end of the semiannual reporting periods (Apri130"' and October 30"�). Reports should be sent to the EPA Region 10, Grants Administration Unit,1200 Sixth Avenue, Suite 900, Mailcode: OMP-145, Seattle, WA 98101. For further information, please contact Greg Luchey at (206) 553-2967, email: Luchev.Gre4(a�eaa. oc,�v. Final MBEIWBE reports must be submitted within 90 days after the project period of the grant ends. Your grant cannot be officially closed without all MBEIWBE reports. EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.eoa.qov/osbp. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501(b) and (c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. 15. Payment to Consultants EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. As of January 1, 2010, the limit is $596.00 per day $74.50 per hour. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR Parts 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b) or 40 CFR 31.36(j), as applicable, for additional information. NOTE: For future years' limits, the recipient may find the annual salary for Level IV of the Executive Schedule on the following Internet site: http://www.opm.gov/oca. Select "Salary and Wages", and select "Executive Schedule". The annual salary is divided by 2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the maximum daily rate. 16. Equipment Disposition The recipient may keep the equipment and continue to use it on the project originally funded through the assistance agreement or on other federally funded projects whether or not the project or program continues to be supported by Federal funds. STATE AGENC/ES: State agencies may manage and dispose of equipment acquired under assistance agreements in accordance with state laws and procedures. SUPERFUND PROGRAM TO ALL RECIP/ENTS: Equipment purchased under Superfund projects is subject to specific disposal options. Refer to 40 CFR 35.6345. 17. Subawards a. The recipient agrees to: (1) Establish all subaward agreements in writing; (2) Maintain primary responsibility for ensuring successful completion of the EPA-approved project (this responsibility cannot be delegated or transferred to a subrecipient); (3) Ensure that any subawards comply with the standards in Section 210(a)-(d) of OMB Circular A-133 and are not used to acqui�e commercial goods or services for the recipient; (4) Ensure that any subawards are awarded to eligible subrecipients and that proposed subaward costs are necessary, reasonable, and allocable; (5) Ensure that any subawards to 501(c)(4) organizations do not involve lobbying activities; (6) Monitor the perFormance of their recipients and ensure that they compty with all applicable regulations, statutes, and terms and conditions which flow down in the subaward; (7) Obtain EPA's consent before making a subaward to a foreign or international organization, or a subaward to be pertormed in a foreign country; and (8) Obtain approval from EPA for any new subaward work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. b. Any questions about subrecipient eligibility or other issues pertaining to subawards should be addressed to the recipienYs EPA Project Officer. Additional information regarding subawards may be found at http://www.epa.qov/ogd/quide/subaward-qolicv-part-2.pdf. Guidance for distinguishing between vendor and subrecipient relationships and ensuring compliance with Section 210(a)-(d) of OMB Circular A-133 can be found at http://www.eqa.QOV/opd/QUide/subawards-appendix-b.adf and httq:/lwww.whitehouse.pov/omb/ci rculars/a133/a133. html. c. The recipient is responsible for selecting its subrecipients and, if applicable, for conducting subaward competitions. Pro_prammatic Conditions 1. Semi-Annual Performance Reports The recipient shall submit performance reports every six (6) months during the life of the project. Reports are due 30 calendar days after the end of each reporting period. Reports shall be submitted to the EPA Project Officer and may be provided electronically. In accordance with 40 CFR Part 30.51(d) and 40 CFR Part 31.40, as appropriate, the recipient agrees to submit performance reports that include brief information on each of the following areas: (a) a comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; (b) the reasons for slippages if established outputs/outcomes were not met; (c) additional pertinent information, including when appropriate, analysis and information of cost overruns or high unit costs. In addition to the semi-annual performance reports, the recipient shall immediately notify the EPA Project Officer of developments that have a significant impact on the award-supported activities. In accordance with 40 CFR Part 30.51(fl and 40 CFR Part 31.40(d), as appropriate, the recipient agrees to inform the EPA Project O�cer as soon as problems, delays or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. 2. Final Performance Report In addition to the periodic performance reports, the recipient shall submit a final perFormance report, which is due 90 calendar days after the expiration or termination of the award. The report shall be submitted to the EPA Project Officer and may be provided electronically. The report shall generally contain the same information as in the periodic reports, but should cover the entire project period. After completion of the project, the EPA Project Officer may waive the requirement for a final performance report if the EPA Project O�cer deems such a report is inappropriate or unnecessary. 3. Program Income - Addition If program income is generated, the recipient is required to account for program income related to this project. Program income earned during the project period shall be retained by the recipient and shall be added to funds committed to the project by EPA and the recipient, and shall be used to further eligible project objectives. 4. Information Collection Requirements EPA and the recipient agree to comply with the requirements of the Paperwork Reduction Act in completing the project. Because the scope of work includes a survey, a questionnaire or similar information-gathering activity, the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. ), requires EPA to obtain Office of Management and Budget (OMB) clearance prior to the recipienYs collection of information by means of identical questions posed to 10 or more persons. The recipient will provide to the EPA Project O�cer the following information: (1) description of the information to be collected; (2) explanation of the need for the information; and (3) to whom the survey is being directed. 5. Recognition of EPA Funding Reports, documents, signage, videos, or other media, developed as part of projects funded by this assistance agreement shall contain the following statement: "This project has been funded wholly or in part by the United States Environmental Protection Agency under assistance agreement (number) to (recipient). The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." 6. Copyrighted Material In accordance with 40 CFR 31.34 for State, local and Indian Tribal governments or 40 CFR 30.36 for other recipients, EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. Examples of a Federal purpose include but are not limited to: (1) Use by EPA and other Federal employees for official Government purposes; (2) Use by Federal contractors performing specific tasks for the Government; (3) Publication in EPA documents provided the document does not disclose trade secrets (e.g. software codes) and the work is properly attributed to the recipient through citation or otherwise; (4) Reproduction of documents for inclusion in Federal depositories; (5) Use by State, tribal and local governments that carry out delegated Federal environmental programs as "co-regulators" or act as official partners with EPA to carry out a national environmental program within their jurisdiction and; (6) Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of EPA's authorization to the other grantee to use the copyrighted works or other data. Under Item 6, the grantee acknowledges that EPA may authorize another grantee(s) to use the copyrighted works or other data developed under this grant as a result of: a. the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or; b. termination or expiration of this agreement. In addition, EPA may authorize another grantee to use copyrighted works or other data developed with Agency funds provided under this grant to perform another grant when such use promotes efficient and effective use of Federal grant funds. 7. EPA's Substantial Involvement EPA will be substantially involved in this project by participating in the following activities: (1) Within the first nine months of the project, EPA reserves the right to negotiate work plan and budget; (2) monitor the project management and execution throughout the assistance agreement's project and budget period; (3) provide technical assistance and coordination as requested or needed by the recipient; and (4) review and approve technical deliverables. 8. Information Technology Recipients are required to institute standardized reporting requirements into their work plans and include such costs in their budgets. All environmental data will be required to be entered into the Agency's Storage and Retrieval data system (STORET). STORET is a repository for water quality, biological, and other physical data used by state environmental agencies, EPA and other federal agencies, universities, private citizens, and many other organizations. It is highly recommended that the grant recipient attend EPA sponsored STORET training as soon as practical and as training is available. Information regarding training sessions sponsored by EPA will be provided by the EPA Project O�cer. More information about STORET can be found at http://www.epa.pov/STORET. Region 10 STORET Contact: John Liston, STORET Coordinator, at (206) 553-2580 or email: Liston.John(a�eaa.gov. 9. Quality Assurance Requirements (if applicable) Acceptable Quality Assurance documentation must be submitted to the EPA Project Officer within 30 days of the acceptance of this agreement or another date as negotiated with the EPA Project Officer. No work involving direct measurements or data generation, environmental modeling, compilation of data from literature or electronic media, and data supporting the design, construction, and operation of environmental technology shall be initiated under this project until the EPA Project Officer, in concert with the EPA Quality Assurance Manager, has approved the quality assurance document. (See 40 CFR 30.54 or 31.45, as appropriate.) Additional information on these requirements can be found at the EPA Office of Grants and Debarment website: http://www.epa.QOV/oqd/prants/assurance.htm. Region 10 Quality Assurance Team Contact: Ginna Grepo-Grove, Quality Assurance Manager, at (206) 553-1632 or email: Grepo-Grove.GinaCa?epa.QOV. END OF ASSISTANCE AGREEMENT NO. PO-OOJ087-01-0 � � � DATE SUBMITTED: July 7, 2010 ' AGENDA BILL CITY OF BREMERTON CITY COUNCIL . ....................................................................................... SUBJECT: Amendment No. 1 to Committee Meeting Date: July 14, 2010 Memorandum of Agreement with Kitsap COUNCIL MEETING Date - July 21, 2010 Regional Library Department: Pub Works & Utilities Presenter: Mike Mecham Phone: 473.5315 SUNIIVIAIItY: We are requesting to have section 12 of the Agreement which is the Termination clause to be amended and kept in force till December 31, 2010. This is to allow the City time to review the existing Agreement with the new Public Works Director and make needed con�ections and updates. ATTA�HMENTS: Amendment No. 1 FISCAL IMPACTS (Include Budgeted Amount): None .APPROVALS: � DEPARTMENT DIRECTOR: r CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: � � COMMITTEE CHAIR �!I'� COUNCIL PRESIDENT: CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve Amendment No. 1 to Memorandum of Agreement with Kitsap Regional Library and authorize the Mayor to finalize and execute the agreement with , substantially the same terms and conditions as presented. , i i i � COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table Continue , ❑ ❑ No Action � s ; .,:. ; '. ,�,,;�:: : w _: � . ,KIiSAP RE6tONAl� �, Kitsap Regional Library , Amendment No. 1 to City of Bremerton MEMORANDUM OF AGREEMENT This Amendment No. 1 is entered into as of , 2010, by and between the Kitsap County Rural Library District d/b/a Kitsap Regional Library (the ��Library District") and the City of Bremerton (the ��City"), and amends the Memorandum of Agreement (the "MOA"), dated as of June 23, 2009, by and between the Library District and the City. RECITALS A. The Library District provides library services to the citizens of unincorporated Kitsap County, Washington (the "County"), and those cities and towns within the County that have chosen to annex into the Library District. B. Pursuant to the MOA, the Library District provides library services to the City through a branch library building� owned by the City and located at 612 5 Street, Bremerton, Washington (the "Library Facility"). C. The Library District and the City now desire to amend Section 12 of the MOA extending the term of this agreement. AGREEMENT NOW, THEREFORE, the Library District and the City agree to amend Section 12 of the MOA to read as follows: 12. Termination. This Agreement shall become effective when, and only when, it has been duly executed by both of the Parties. This Agreement shall be in effect until December 31, 2010. This Agreement may be renewed each year by written agreement of the Parties. Subject only to the amendment set forth in this Amendment No. 1, all terms of the MOA are ratified and confirmed and remain in full force and effect. This Amendment No. 1 may be executed in several counterparts, which when taken together shall constitute one original Agreement. A facsimile signature shall be deemed an original signature for all purposes. IN WITNESS WHEREOF, the Library District and the City have duly executed and delivered this Agreement as of the date first above written. (The remainder of this page /eft intentiona/ly b/ank. Signature page to fo/%w.) Bainbridge Island • Downtown Bremerton • Kingston • Little Boston • Manchester • Port Orchard Poulsbo • Silverdale • Sylvan Way • Bookmobile • Outreach • www.krl.org Amendment No. 1 to City of Bremerton Memorandum of Agreement Page 2 KITSAP COUNTY RURAL LIBRARY DISTRICT CITY OF BREMERTON (DBA KITSAP REGIONAL LIBRARY) Jill ]ean, Library Director Patty Lent, Mayor Date Signed Date Signed DATE SUBMI'TTED: July 7, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Professional Services Committee Meeting Date: July 14, 2010 Agreement with the Blumen Consulting COLTNCII, MEETING Date: July 21, 2010 Group, INC for the SKIA Sub Area Plan. Department: DCD Presenter: Lindsey Sehmel Phone: 360.473.5845 SUMMARY: The Department of Community Development has selected Blumen Consulting Group to develop a sub area plan for the South Kitsap Industrial Area. The plan will include public outreach, planned action EIS, mazket study, development regulations and standards, development of capital facilities & infrastructure improvements and a greenhouse gas reduction plan. This consultant was selected following an extensive process. The request for proposals was issued on May 5, 2010 and was listed for 30 consecutive days in the Daily Journal of Commerce. The City received seven (7) proposals and interviewed the top four (4) teams. The selection committee consisted of Will Maupin — Council, Greg Jose — Planning Commission, Fred Salisbury — Port of Bremerton, David Overton — Property Owner, Mike Mecham — PW&U, Andrea Spencer - DCD, Lindsey Sehmel — DCD. ATTACHMENTS: 1) Blumen Consultant Group team summary 2) Professional Services Contract with Blumen Consulting and Scope of work. FISCAL IMPACTS (Include Budgeted Amount): Total contract amount not to exceed $400,000. The City has received and accepted an awazd from the EPA - Climate Showcase Communities to complete this project. Grant and pro' t funding will run through 2012. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: c _. FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR � COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS �(J PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Blumen Consulting Group to create the SKIA Sub Area Plan and authorize the Mayor to finalize and execute the contract in substantially the same form as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Attachment 1 ��a ��► ! i r '� ' � City of Bremerton Department of Community Development July 7, 2010 SKIA Sub Area Plan Consultant Team Summary PROPOSAL � � For � BREMERTON MANUFACTURING and INDUSTRIAL CENTER � South Kitsap Industrial Area Comprehensive Master Plan ; - . , i � .,.w.e.� � \ �� � �=_-.: ' �- .�� �' c;�,_`-i '�'� •- =--M�,� � - - h - , r ( i �' -- - _ � 4 �,i� � ' ` �- _'.� � - - � � � ��_ =-- � �%-'"> 1 �.� . /�� � . - ,' 'J. -- � �� .�"_.�/�t��,�,/\�^� �� `'� � 1 ,G; f � � � �f":. � — _� � � ' � .� �,t.�^,`�,' =�; _ _ /� � , `_�'-v�-:-�' �bc'=_�� � �:� .-. 'Y._ -� =-- �,� , : � , -�, _ „ ��"'�:<: - �` _��: � Y./ ^` . Gt?O-o'.�� f � -��, _ -� � + C �,, � � � .� , r�'"�F+� � �i�' j��' �F� �_ � • / ; � �S - ��� ; ,.�^ . _ l � ' _�=' `=` � �f�� :i �ti. '' �`.i�S'� -?/t '�� � `Q ':� � .. � f.i �i r�;0 r �C������ �.� � � � - � Submitted to ;! City of Bremerton ', June 7 2010 , ����IUMEN �.CONSULTING �GROUP, INC 720 Sixth Street S. Suite 100 Kirkland, WA 98033 � 425.284.5401 � �BLUMEN �.CONSULTING �....._....=_-�--...:�._=---�-�----_ -- ---------� -� �GROUP, INC � Section 2- Blumen Consulting Group Team Blumen Consulting Group will serve as the prime consultant, serving as the overall project manager and lead for the master planning and SEPA planned action processes. BCG has,partnered with Community Attributes, Chris Webb & Associates, Fehr & Peers, Henderson & Young, Melinda Posnet Consulting, Weinman Consulting LLC, AHBL, Equinox Research and Consulting International, Landau Associates, and Mithun, each bringing outstanding experience � in the services needed to meet the needs of this multi-disciplinary project. Each firm is briefly � described below. � �;�BLUMEN B�umen Consulting Group .......................�--------------------------------------._....._.............._..----------------..__.........----------------------------- � �.CONSULTING glumen Consulting Group is a specialty professional services firm focusing in environmental and GROUP, �NC communiry planning services for public and private clients. Our senior staff each has substantial experience in successfixlly managing the environmental review process on a wide range of projects over the past 25-plus years. Clients include cities, housing authorities, counties, port districts, tribes, � universities, hospitals, school districts, businesses and real estate developers. Since adoption of the Washington Growth Management Act in 1990, staff inembers of Blumen 4 Consulting Group have been providing Growth Management Act planning and development code J services to cities and counties throughout Washington. Hallmarks of our planning approach include a holistic approach to issues, a healthy respect for the unique character of each community, effective collaboration with agency staff, and an emphasis on meaningful and effective public outreach. We have led the environmental compliance process for all types of projects. Pertinent to the SKIA Master Plan Planned Action EIS, our experience includes SEPA Planned Action EISs for both sub- area plans and specific sites, industrial master plans, mixed-use master plans, and transportation infrastructure improvements. �: . Community Attributes �,�._�°''�, t � community ...........................•--------•-•--•-----.........-•----�--------------�-------• ................................ ........................... ��:� attnbutes s Communiry Attributes (CA� is a Seattle-based consultancy with practice areas in regional economics ,�,:� ;,,,:: ; .., � � i urban land, philanthropic services and strategic planning. The firm was founded in 2005 by Chris � Mefford. Mr. Mefford leads the firm's regional economics and urban land practice areas. We bring � specific expertise in urban industrial lands analysis, regional economic suategies and analysis, benefits and costs analysis, and development decision making. Chris Webb & Associates, Inc . ............ ....�--------....----------�------------------------------------....--.---�-------------�------------------------------------------- �� Chris Webb & Associates, Inc. (CWA) was established to provide strategic civil engineering , consuldng in support of sustainable development. The firm is recognized as a regional leader in the , design of projects with sustainable water systems including high perfomung Low-Impact Development (LID) site and stormwater designs, innovative closed loop infrastructure, rainwater catchment and greywater irrigation. CWA staff has been at the forefront of the development and implementation of these systems for over 15 years and has gained substantial experience through multiple design, permitting, and construction rycles. CWA works as lead designer/prime consultant � and as part of diverse design teams across the spectrum of project scales from the single lot to large multi-unit developments and from master planning through pexrnitting and construction documents. � Fehr & Peers F E H R�c � E E R 5� Fehr & Peers has been a leader in transportation sustainability since the early 2000s, when we worked with the US EPA to quantify the travel and greenhouse gas (GHG) emissions benefits associated City of Bremerton South Kitsap Industrial Area Master Plan 2 n � � ��NSUL�TING � �GROUP, INC � •'.. - - - ___..:--�____-------------- _��--°-w""�--� � with smart-growth development projects. Since 2008, Fehr & Peers has further invested in � sustainability innovadons through its CoolConnections initiative, which includes measures that have � been recognized by the US EPA, the Institute of Transportation Engineers, and Metropolitan � Planning Organizations across the country as leading edge innovations that enable better planning � and better projects. Our staff is nationally-recognized experts in GHG analysis, complete streets, � innovative multi-modal design, environmental review, traffic operations, and transportation analysis. � Some of our key experrise areas include: • Greenhouse Gas Emissions Analysis. We have worked on over a dozen climate action plans in California where baseline emissions inventories are calculated, emissions reductions , strategies are developed, and alternarive scenarios are evaluated. We also worked with the � Washington State Department of Commerce to identify analysis tools and software � programs to quantify the GHG emissions of land use and transportarion projects and assist local communities to reduce their carbon emissions. • Sustainable Industrial Master Plans. Fehr & Peers has helped develop transportation goals and policies at the master plan level to set the stage for sustainable development. Fehr & Peers has also calculated the benefits associated with pairing uses on site to minimize VMT, make the most use of adjacent rail facilities, and reduce overall GHG emissions. • VMT Reduction Strategies for Major Development Projects. Fehr & Peers has worked on VMT reduction strategies, including analysis of VMT reduction strategies such as workforce housing, tolling, parking pricing, shutdes, and neighborhood electric vehicles. Projects include the Northgate Rezone in Seatde, Treasure Island redevelopment in San Francisco, and Rock Creek in Sacramento. Henderson, ; Henderson & Young Young& .........................................�-------.............-----------------........................-----------------------._.._.............. Company Henderson, Young & Company is a recognized leader and has extensive experience in Washington and nationally in the development of capital facilities plans, financing plans, fiscal impact analyses and other implementation tools for local government plans and growth management. 'I'he firm wrote the guide for Washington local governments to prepare capital facilities plans, and conducting numerous workshops and conferences for local government officials. From the firm's founding in 1979, Henderson, Young & Company has completed over 65 capital facilities plans and over 350 other consulting assignments for 195 government and public sector � organizations in 18 states, and conducted more than 180 seminars, workshops, and conference presentations for public sector agencies, associations universities and training organizaaons. ' mpc Melinda Posner Consulting � • melindaPUSnermnsulUnq """""""-"-'-"""-""•'•"'-"""" .................."-"-"'-"""'..........................._ ....... """""' """""""""..., � � MPC is a small, certified WBE/DBE, strategic communications firm specializing in facilitation and ! public involvement. For over 20 years, Melinda Posner has brought creative solutions to public � works projects, and community decision making. Drawing on extensive public sector experience and � proven expertise in assisting organizations make decisions that improve quality of life, MPC brings a � customized approach to every project. Melinda has developed expertise in the complimentary fields of public involvement, community relations, facilitation, mediation, and public education. She is recognized for her ability to facilitate meaningful opportunities between public agencies and community stakeholders. Melinda effecdvely utilizes outcome-based planning, stakeholder assessment, appropriate meeting design, and intervention strategies to ensure clients' needs are met. � City of Bremerton South Kitsap Industrial Area Master Plan 3 �C �� .____....__ ___-_________._. -__._. �GROUP, INC WeinmanConsuking,LiC Weinman Consulting LLC . . . . ......•• ................•••••-•._................._...-••._.._...............•----...............•••...........-•••••...........-•••••-•--••••••- Weinman Consulting LLC provides services to public and private sector clients in the areas of land use, NEPA/SEPA, GMA plans, legisladve drafting and regulatory compliance/permitting. Weinman Consulting drafts local developing regulations, including planned action ordinances, among many others. With a 30-year planning and legal background, Weinman Consulting brings an enhanced perspective on the planning and legal aspects of SEPA/NEPA review. =''= AHBL - --�--------------------------�------------------------�-�----------------------------------------------------��------------ --�-----------�---. � a AHBL was founded in 1969 to bring a collaborative, mulddisciplinaty approach to the development p � of built environments. Our staff of 110 planners, urban designers, landscape architects, natural resource ecologists, civil and structural engineers, and land surveyors work together on projects of local and regional significance from offices in Tacoma, Seatde, and Spokane. AHBL is a regional pioneer and leader in the application of sustainability principles to the built and natural environments. We actively promote sustainability and conservarion and have presented over 30 Low Impact Development (LID) educational presentations to various audiences from a GreenBuild Internarional Conference to state agencies and local municipalities. Our expertise includes community goal setting and strategic planning of sustainable community systems, sustainable master site planning, the design and engineering of projects following LID/I.EED� standards, and the integration of LID Best Management Practices into local codes and ordinances. We consistendy apply and adapt smart growth principles and integrated multimodal transportation systems to the communities where we work to achieve a reduced carbon footprint and robust functioning natural systems. AHBL's Industrial Projects Division works to develop master plans that provide for optimal parcel layout and circulation while allowing for fle�ubility to respond to a specific user's needs. In addition to industrial master plans, we have extensive experience working with owners on the design and g`: construction of improvements, and ensuring that the project is delivered on time and within budget. ,�� ', .�.'�, �� ' Equinox Research and Consulting International (ERCI) � . , Y a . - ..'""'""' ....................."""'"""""""...._............................""'"'""....................""'............................__...... . � �+ ERGI ERCI is a small woman-owned cultural resources consulting firm, WBE/DBE certification pending. The principal investigator at ERCI is qualified for projects that focus on Triba1 consultadon and Traditional Cultural Properties as we have been providing in-field leadership to investigation teams for this kind of property for two decades. Our efficiency comes in the continuity and experience of our principal and senior researchers. We have created a system to provide the highest quality field survey for reasonable costs to our clients and have been doing so in the Pacific Northwest for 20 years. Our client base includes mining, timber and utility companies, state, tribal and local government, commercial and residential developers and non-profit organizadons. We provide historic properry identification and evaluations to state and federal standards and work closely with � State and Tribal governments to provide efficient and thorough management of resources. � LANDAU Landau Associates ASSOCIATES .................•----------------•------••---......................._..._....-•-----••-•----...............-------•-•----........._.....--•----• Landau Associates is recognized in the Pacific Northwest as a leader in providing geotechnical engineering, environmental engineering, and natural resources and environmental permitting services. The firm has supported clients throughout the Pacific Northwest encompassing a wide range of projects since 1982. A staff of 95 includes geotechnical engineers, geologists, hydrogeologists, � environmental engineers, planners, regulatory specialists, biologists, ecologists, chemical engineers, chemists, scientists, and field and laboratory technicians. This depth of resources can prompdy and � efficiendy meet client's needs and effectively present a team that can assist in projects from the early planning stages all the way through to post-construction. City of Bremerton South Kitsap Industrial Area Master Pian 4 1 � �BLUMEN �.CONSULTING � _ _ . ��� � _.___�_____ _ �GROUP, INC _ �� j � � � ---- � Mithun M1 T H U N� ...............�----------�----.............................._................--�---------..--.-.-------------------............................. Founded in 1949, Mithun is a national leader and advocate providing architecture, landscape architecture, planning, and interior design services� multidiscaplinary approach that integrates nature, technology and design. Mithun's services extend across market sectors to include mixed-use, � hospitality, recreation, commercial, residential, civic, corporate, science, technology, higher educarion, ! retail, senior living, and environmental educadon projects. ' An advocate for social, environmental, and economic sustainability since our inception 60 years ago, � Mithun understands the intricate challenges that go hand-in-hand with the development of i sustainable urban places. Recendy named "Greenest of the Green" by Wa,rhington CEO, we are keenly � aware that with the first line we draw, we influence the future of the planet. As specialists in the LEED� certification process, we employ over 100 LEED� Accredited Professionals—nearly 100°/a � of our technical staff. i Key Team Members As shown in the organizarional chart, Deborah Munkberg, an experienced local government planner, � will serve as project manager. Deborah will serve as day to day lead and point of contact with the City. Our project team consists of experienced staff with expertise in industrial master planning planned action environmental review, I.ID regulations and infrastructure, greenhouse gas reduction, and capital facilities planning. All of the staff shown are fully available to support this project. I � Figure 1. Organizational Chart Citv of eremerton " Project Manager Deborah Munkberg, AICP I ! Project Team � Irrtegrated Master Plan Development Regulations InfrasW�ure Plan � and Planned Action EIS Richard Weinman Chris Webb Deborah Munkbergi Gabe Snedeke� Tom Noguchi.PE Karen Swenson�, Project Coordination Wayne Carlson Randy Youngll Critter Thompson Suitability Analysis Gabe Snedeker�, Land Use Market Study Capital Fac�lities Chris Mefford Employment Chris Mefford� RandyYoungu ( Tom Noguchi PE, Transportation Michaei Forsythlo Chris Mefford lo � Chris Breiland Greenhouse Gases Tom Noguchi Chris Webb Utilities Greenhouse Gas Plan Chris Webb � Jeff Benesi Urban Design Chris Breiland Steve Quarterman Natural Environment Chris Webb Public Outr�each , Keily Bush�, Cultural Resources Critter Thompson Melinda Pasner� � Gabe Snedeker� Deborah Munkbergl I � Bold indicates Task Lead ¢ 1 Blumen Consulting Group 5 Weinman Consulting LLC 9 AHBL � 2 Mithun 6 Landau 10 Community Attributes 3 Chris Webb Associates 7 ERCI 11 Henderson, Young & { 4 Fehr 8 Peers 8 MPC Company � � We have provided brief biographies of key team members below, organized in alphabetical order by � roles of project management, task leads and project team. Full resumes are included as Attachment B to this proposal. City of Bremerton South Kitsap Industriai Area Master Plan � 5 Attachment 2 ��� ��� • i � � � City of Bremerton Department of Community Development July 7, 2010 SKIA Sub Area Pian Professional Services Contract & Scope of Work PROFESSIONAL SERVICES AGREEMENT SKIA Sub Area Plan The City of Bremerton ("City") and Blumen Consulting Group, LLC ("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, 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 $400,000.00. 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. BremertonBlumen SKIA Sub Area Plan 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 ta�ces 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 WANER OF IlVIMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PLTRPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WANER. The provisions of this section shall survive the expiration or termination of this Agreement. BremertonBlumen SKIA Sub Area Plan 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 Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liabilitv 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 (XCLn if applicable; and employer's liability; and 3. Professional Liabilitv 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. VII. General Conditions: BremertonBlumen SKIA Sub Area Plan Page 3 of 6 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 Kirkland, 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 Kirkland, 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 A.greement: 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. F. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. Bremertonl SKIA Sub Area Plan Page4of6 I I I 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 1 st 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 Andrea Spencer Deborah Munkberg City of Bremerton Blumen Consulting Group, LLC 345 Sixth St., Suite 600 720 Sixth Street S. Suite 100 Bremerton, WA 98337 Kirkland, WA 98033 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. Attornevs' 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. Assi ent: 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 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) BremertonBlumen SKIA Sub Area Plan Page 5 of 6 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. Ri ts 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 CONSULTANT By: By: • its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:�L,EGAL\Contracts�FORMS�Professional Services Agreement Form (2003).doc Bremerton/Blumen SKIA Sub Area Plan Page 6 of 6 Exhibit A: Scope of Services City of Bremerton South Kitsap Industrial Area (SKIA) Comprehensive Master Plan and Planned Action EIS The Ciry of Bremerton (City) has received a Climate Showcase Communities grant from the US Environmental Protection Agency to complete a comprehensive master plan and planned action EIS for the South Kitsap Manufacturing and Industrial Center. Key project objectives include economic development and job creation; protection of natural systems, reductions in greenhouse gas emissions and increased sustainabiliry; and development of innovative and sustainable infrastructure. The City is also seeking a public outreach effort that is inclusive and provides transparency in the planning process. In order to meet the grant requirements and the City's schedule, this project is anticipated to be complete by Januaty 2012. The City has retained the Blumen Consulting Group team (Consultant) to provide consulting services to support this project. This scope of services (Exhibit A) describes the tasks, roles and responsibilities and assumptions associated with completion of tasks for this project. Exhibits B and C provide the project schedule and budget, respectively. Task 1: Project Initiation ........-� .....................................................................�----..........................---•-----.........._...---..................... 1.1 Conduct Project Kick-off Consultant will facilitate a workshop with the project team, including City staff, to discuss fundamental project goals, approach, constraints and opportunides. The workshop will specifically address: • Desired outcomes and goals for the project • Elements to be included in the project � Initial project priorities • Potential challenges that may impact project progress and goals • Data needs • Alternative scenarios The workshop will also address administrative process to ensure a well-run project, including the following. • Planned work products • Schedule and key milestones • Roles and responsibiliries • Final scope of services and budget • Steps to ensure compliance with the EPA Climate Communities Showcase grant 1.2 Refine public outreach and visioning strategy Public outreach will be focused on two tracks: • General outreach within the region (City of Bremerton, Kitsap and Mason counties) at key project milestones to promote awareness and encourage review and comments; and • More focused outreach and collaborative problem solving with SKIA property owners, affected stakeholders and agencies. Consultant will meet with City staff to understand existing public outreach practices and lessons learned from past projects. This meeting will include a review of roles for City and Consultant, identification of tasks where Consultant can provide the most value, and discussion of an outreach schedule that integrates general outreach activities with more focused efforts to involve stakeholders that are most direcdy affected. o�.�.io 1 Task 1 Deliverables: • Project charter describing priorities, desired outcomes and goals, project team roles and responsibilities, schedule, and budget • Kick-off ineeting summary • Data needs list Task 2: Feasibility/Suitability Analysis ..............................................................................................................�-�----------------------------....--�--......_ 2.1 Prepare market study Consultant will prepare a market study addressing potential development opportunities in the study area. The market study will provide regional economic context for SKIA strategies by identifying emerging opportunities in Clean Technology and other green industrial sectors, as well as opportunities from all industry sectors, to rank target industries. 'I'he market research will examine regional trends and forecasts in the context of regional economic strategies to understand where regional priorities may shape industry growth. The analysis will frame SKIA's comparative advantages within the region with both near-term and long- term horizons. Near-term analysis will assess real estate market conditions to inform implementadon strategies and identify potential early successes for SKIA. Longer-term analysis will loak at regional trends and forecasts to understand how SKIA can participate in regional economic growth. Annual absorption scenarios will link findings from near-term and long-term analysis to serve phasing of the plan. 2.2 Prepare existing conditions analyses Consultant will develop baseline existing conditions data for the elements of the environment listed in Task 3.1. T'his baseline data will provide a starang point for considering potential options for sustainable and green development patterns, identifying opportunities and constraints offered by the natural ecology, land forms, and location of e�sting services. 'This information will also serve as the e�sting conditions section of the SEPA Planned Action EIS. 2.3 Conduct suitability analysis Built on the tenets of a McHarg-style, holistic analysis, Consultant will conduct a site suitability analysis in which various environmental constraints to development are identified, classified and combined to create a map of overall development suitability. The analysis helps guide the project team regarding development opportunities and constraints for the study area. 2.4 Develop preliminary alternatives Based on the findings of the market study, suitability analysis and other data, Consultant will prepare ' alternatives for consideration in the master plan process and analysis in the SEPA Planned Action EIS. The altematives will include a description of the planning envelope of anticipated development in the study area, building typologies, roadway network, and infrastructure improvements. Depending on the findings of the market and suitability analyses, the alternatives may establish a phased development schedule or focus on specific opportunity sites or desirables uses. One no-action alternative and two action alternatives are assumed. 2.5 SEPA EIS Scoping The Consultant will prepare a combined Draft Determination of Significance/Scoping Notice describing the integrated Master Plan and EIS process. The City will be responsible for printing, distribution and publishing of the scoping notice. A public meeting to invite comments on the proposed scope will be conducted during the 21-day comment period (see Task 7.4). Following the close of the scoping period, the Consultant and City will jointly review scoping comments and finalize the scope of the EIS. 07.13.10 2 Task 2 Deliverables: � Market study • Existing conditions analysis • Land use suitability analysis • Preliminary description of altematives for master planning and SEPA EIS review • EIS Scoping document and notice for City printing, distribudon and publishing Task 3: Create Policy Framework ------------------�-��---................_..---------------�---.....-�------......._..._.............-�----------...-----............_......_..............-- 3.1 Evaluate potential impacts of alternatives Consultant will evaluate potential impacts associated with the altematives. This analysis will inform the development of preliminary master plan policies as well as form the basis for the Planned Acdon EIS impact analysis. Although the scope of the environmental review will not be determined until scoping is complete, this scope of services assumes inclusion of the environmental topics listed below. Following the close of the Scoping Period, the City and Consultant will joindy determine whether there is a need for a change in the environmental topics and tasks described below (see Task 2.5). 3.1. Natural Environment. This category encompasses earth, water, and plants and animals. Consultant will address these topics at a qualitative level. A thorough review of literature relating to wildlife, fish, wedands, waterways, critical areas, geologically hazazdous areas, water supply and recharge, and hydric soils will be conducted. The Consultant will review GIS layers and other available data and will conduct a field reconnaissance visit to verify conclusions. 3.2.1 Air Quality. Based on research conducted for the Washington Department of Commerce, Consultant will develop an Air Quality Calculator quick response tool to quantify the emissions impacts of the different alternatives. It is envisioned that this calculator will be rooted in the King County SEPA spreadsheet, but based on the results of the Department of Commerce report, Consultant will make revisions to increase overall accuracy. The Air Quality Calculator tool will also be enhanced to reflect project-specific information regarding green development measures, innovative water treatment and reuse soludons, and transportation measures proposed for the master plan. 3. 1.3 Land Use/Plans and Policies. Consultant will compare and evaluate the proposed amount, types, scale and pattern of uses in comparison with the existing land use pattem. The analysis will include consideration of compatibility of the proposed development with existing and planned development in the surrounding area. Land use consistency with Bremerton National Airport operations will be considered. A discussion of the relationship of the proposal to relevant plans, policies and regulations will also be included. Consultant will analyze and quantify the number and type of jobs expected to be created, including number of jobs and amount of wages by industry and occupation. 3.1.4 Cultural Resources. Consultant will review existing data for cultural resources for the project area. Consultant will develop mitigation recoxnmendations to address possible future land use activities and to provide guidance for the long term management of the project area. This will involve consultation with agencies and tribes to ensure that existing cultural policies are integrated with the proposed action. 3.1.5 Aesthetics. Consultant will describe the overall aesthedc character of the study area in terms of the quality of the urban environment, the design and character of e�cisting buildings, and building height, bulk and scale. The evaluation will consider the nature and magnitude of change envisioned by the proposal and altematives, including internal study area and external compatibility, and building height, bulk and scale. ' 3.1.6 Transportation. Based on sustainable development strategies and transportation demand management strategies associated with each alternative, Consultant will determine the existing level of 07.13.10 g service at up to 10 study facilities (intersections, roadway segments, etc.) and the level of automobile and truck traffic generation. Based on this trip generation estimate and the existing background traffic conditions, Consultant will estimate future traffic flows, calculate levels of service, identify potential project impacts, and develop mitigation measures on the 10 study facilities. Results will be presented on maps to clearly illustrate the transportation impacts of the project. 3.1.7 Public Serv'lces. Consultant will review existing levels of service, estimated needs and demand for service, and projected levels of service under each alternative for police and fire protection, and other public services as determined through the scoping process. Calls for service, response times, incident rates and similar metrics will be used to identify the unique public safety needs of the kinds of development that is planned for SKIA. Consultant will compare the public safety needs to Bremerton's current public safety capacity and capability and identify any needed augmentation of City public safety services. The analysis will include both operating costs and capital costs. 3.1.8 Utilities. Consultant will review existing levels of service, estimated needs and demand for service, and projected levels of service under each altemative for sanitary sewer, domestic water, stormwater, and other utilities as determined through the scoping process. Consultant will review available utility planning documents and compare those findings with projections developed under this study. The utility analysis will consider a variety of approaches at various scales and include distributed and centralized approaches. The analysis will focus on considering approaches that are closed loop or highly resource efficient and are able to contribute to more than one project goal. 3.2 Prepare goals and principles for development Consultant will prepare draft SKIA master plan policies and principles. Goals and policies will address the protection of the natural environment, economic development, land use patterns, greenhouse gas reduction, building form, transportation, public services and infrastructure. Policies will be sufficiendy detailed to provide clear guidance for the creation of zoning designations and development regulations. Key concepts related to energy efficiency and sustainability will be emphasized. 3.3 Prepare implementing regulations Consultant will identify a range of possible zoning tools that could be used to implement SKIA development. Possibilities include revision of the City's existing Employment Center (EC zone), development of a new SKIA-specific zoning classification, combining procedures and/or substantive provisions. Consultant will prepare an issue paper analysis of potential zoning options. Following City review and direction, Consultant will draft policy and regulatory language for review and refinement by City staff, advisory and elected officials, and the public. The Consultant will customize specific LID standards for SKIA based on the types of uses proposed, the specific soils found and other project objectives. Regulations will address: • Lot coverage/impervious surface standards • Landscape and native vegetation retention standards • Cluster requirements • Grading, clearing, and tree harvesting • Road standards and details • Drainage standards and details Task 3 Deliverables: - • Environmental impact analysis • Draft master plan goals and principles, • Draft regulatory framework and code text 07.13.10 4 Task 4: Develop Physical Plan and Impiementation Strategies ..................................................�----�---.............................................-------------------------�--------.._..............._ 4.1 Prepare conceptual land use maps For each altemative, Consultant will prepare a conceptual land use map that identifies land use designations within the study area consistent with the Manufacturing and Industrial Center designation, consistent with aviation transportation needs, and with the Suitability/Feasibility analysis conducted as part of Task 2. Maps will be prepared in conjunction with Task 2.4, Preliminaty Alternatives Description. Land use designations will reflect the policy goals, discussed in Task 3.2. 4.2 Prepare draft and refined capital facilities plan Consultant will prepare a draft and refined capital facilities plan for the preferred altemative. The capital facilities plan (CFP) will be consistent with GMA requirements and the City of Bremerton Comprehensive Plan. Required elements will include (1) an inventory of existing public faciliries, (2) forecasts of future needs, (3) capital improvement projects that will address the needs, (4) a financing plan to pay for the capital improvements, and (5) coordination of the CFP and the land use plan. The CFP will include a phasing schedule to coincide with strategic development needs for preferred alternative absorption. The CFP will identify innovative, green infrastructure measures that will benefit and mitigate impacts of future SKIA development. The transportation, water and wastewater elements of the CFP will include design solutions to preserve ecological features, minimize GHG emissions and ensure long-term sustainability. Planning-level cost estimates will be provided in 2010 dollars based on recent contractor bids in the area. The financing plan will identify underused, unused, and new sources of funding in addition to e�cisting funding for SKIA infrastructure. Consultant will provide estimates of the amount of revenue that can be expected from each source, strategies for obtaining the funding, and will identify sufficient revenue to fund the proposed infrastructure. 4.3 Compile Draft Master Plan Based on the preliminary analysis, public and agency comment (see Task �, and City direction, the Consultant will compile the information developed in Tasks 2, 3 and 4 for the draft Master Plan. The draft Master Plan will include a land use map, goals and principles, a greenhouse gas reduction plan, a capital facilities plan, and implementing regulations. As needed, the draft Master Plan will include a description of the differences between plan alternatives. Task 4 Deliverables: • Draft land use maps for each alternative • Draft and refined capital facilities plans • Draft master plan Task 5: Environmentai Review -- --------------�-�-- �-� -.......--------------------- .........--��-- ----�--... -� -- --�� �� ------------------�-----------------................. 5.1 Compile preliminary Draft Planned Action EIS Based on the work completed in Tasks 2, 3 and 4, the Consultant will compile information to prepare the preliminary draft Planned Action EIS for City review. 5.2 Draft Planned Action EIS Based on City comments on the preliminary draft EIS, the Consultant will prepare a Draft Planned Action EIS for public review. The Draft Planned Action EIS will include a draft Planned Action Ordinance for public review and comment. As established in WAC 197-11-168, the ordinance will address the type of project action; compliance with the criteria for a planned action; findings related to 07.13.10 5 the adequacy of the Planned Acdon EIS; and mitigating measures required to qualify future projects as planned actions. 5.3 Final Planned Action EIS T'he Fina1 EIS will include a description of the preferred alternative, updated analysis and corrections if needed and responses to agency and public comments. The Consultant will prepare a preliminary final Planned Action EIS for City review and comment. Based on City comments, Consultant will prepare a Final Planned Action EIS for public issuance. Task 5 Deliverables: • Preliminary and public Draft Planned Action EIS • Preliminary and public Final Planned Action EIS Task 6: Adoption and Implementation .................................�--...------._.........................................................-----.........................._.._.................. 6.1 Final Master Plan, regulations, and Capital Facilities Plan Based on City direction, identification of the preferred altemative and any other changes reflected in the Final Planned Action EIS, and public and agency comment, the Consultant will finalize the Master Plan, associated Capital Facilities Plan, and implementing regulations for City review and adoption. 6.2 Final Planned Action Ordinance Based on comment and City direcrion, the Planned Action EIS mitigating measures, and the draft Planned Action ordinance, the Consultant will finalize the proposed ordinance for City review and adopdon. Consultant will include a tracking tool that the City can use to monitor the amount of development occurring in the Planned Action area to ensure that it is within the thresholds of the adopted Planned Action, and to coordinate the timing of improvements. Consultant will also develop a streamlined SEPA checklist that the City can use to evaluate proposed projects and to make Planned Action determinations. Task 6 Deliverables: • Final SKIA Master Plan • LID regulations • Capital Facilities Plan • Planned Action Ordinance, and administrative guidance procedures Task 7: Public Outreach --�-�------------------ ---------------------------------- --------------------------- -� - -��---..... ------------------------------------........---...... 7.1 Stakeholder Interviews Consultant will conduct eight (8) interviews with selected stakeholders. Based on input from the City about key stakeholder contacts, Consultant will schedule interview dates, conduct telephone interviews, prepare summary notes, and prepare a bulleted stakeholder interview summary. The summary will provide a review of key themes, potential communication obstacles, most effective ways to communicate with stakeholders; and recommendations for successful public communication through the project. 7.2 Key Messages and Project identity Based on input from the stakeholder interviews and discussions with the project team, Consultant will develop key messages for project communication. This will include integration with the project identity/branding effort to support consistent communication for all project team members, community influencers, and all project materials. The project identity will include a"project logo" that incorporates a consistent project name and graphical look including font, graphic layout and color. o�.�.so s 7.3 Communication Materials Consultant will develop communication materials to publicize public outreach events, summarize technical information and communicate key project milestones to the public and interested stakeholders. Consultant will develop three (3) postcards to advertise the three public meetings; seven (7) fact sheets to summarize key project topics including sewer, employment, marketability, sustainability, etc; one (1) comment card; three (3) media releases; three (3) calendar announcements; three (3) newsletter articles. Consultant will write copy and coordinate design consistent with the project identity/brand developed in Task 7.2. Materials will be provided to the City for printing for direct mail and manual distribution at meetings, and provided in electronic version for posting on the City website. 7.4 Communiry Meetings Consultant will plan and facilitate three community meetings at three project milestones: 1) project visioning/SEPA scoping; 2) draft policies/Draft EIS comments; 3) final draft plan/planned action ordinance prior to adoption. For the first workshop, Consultant will plan and facilitate a community visioning workshop to share information about the project and process, solicit input to assist in developing an overall vision, and solicit input on the scope of the planned action EIS (see Task 2.5). This workshop will be designed to attract audiences direcdy and indirecdy impacted by the planning effort, will , be creatively designed to allow maxirrium interaction of participants, and will idendfy strengths, weaknesses and opportunities. For each community meeting, Consultant will work with the project team to develop the agenda, design the meeting including specific activities for small group interaction, if appropriate, coordinate the development of materials, set-up/tear-down, and develop a workshop summaty. 7.5 Stakeholder Meetings & Focus Groups Consultant will schedule, coordinate, attend and facilitate up to eight (8) stakeholder meetings and/or focus groups. T'he content, participants and design of each will be determined in discussion with the City and will be designed to be flexible to address different project challenges and the need for more in-depth interaction with various stakeholders who are impacted by different aspects of the project. This may include a series of ineetings with an ad hoc working group or several one-time meedngs of working groups of different participants. For example, Consultant may coordinate a focus group on the issue of wastewater infrastructure, which may include other agencies, SKIA property owners and technical team leads. Consultant may also coordinate several meerings with SKIA property owners to address specific land use policies within the master plan and/or address incompatibilities, conflicts or other issues between landowners, the City and other jurisdictions. Consultant will design these meetings in collaboration with the project team and may include smaller subsets of stakeholders around different planning issues. At least some of these meetings will include all property owners, and, with leadership of a neutral facilitator, will focus on reaching agreement on specific master plan components. These meetings may also include expert panel presentations, especially in the areas of innovation infrastructure planning, green house gas reduction, green building techniques and handling of environmental issues. Task 7 Deliverables: • Stakeholder Interview Summary • Public Workshops • Communication Materials • Stakeholder Focus Groups � Task 8: Project Management ......................................................................................................................................................................... The Consultant will provide ongoing schedule and budget management, communication with the City, monthly (or more frequent) progress reports and other administrative oversight as needed to ensure successful project implementation. o�.�.so � General Assumptions ............................................................................................................................................................. The scope and budget contained in this document are predicated upon the following provisions, assumptions and conditions. The purpose of this list is to enumerate and describe mutual expectations and understandings required of all parties to this scope of services in order to complete the project on time and within budget. Additional service requests or alterations beyond those described in this document will require supplemental contract modifications or explicit, pre-approved substitutions. Consultant will not perform additional work without written authorization from the City. 1. The City may eliminate any task and associated contract hours/fees at any point throughout the contract period and will provide written notification of the task elimination to the consultant. Consultant shall be paid for any task and associated contract hours/fees prior to notification of cancellation. 2. The scope does not include field reconnaissance of critical areas or other original data collection except as explicidy described in this scope. Research and data collection will be based on readily available secondary sources of information, including reports, inventories, maps and other similar literature from local govemment and other sources. 3. All Consultant deliverables will be limited to electronic file transfers. The City is responsible for document reproduction and distribution of all review and final drafts. 4. The budget presents cost estimates for each task. Time may be transferred from one task to another due to greater or lesser level of effort, provided that each task shall be completed and the total budget shall not be exceeded. 5. The Consultant will have primary responsibility for coordinating, reviewing, and editing information obtained from the team members to ensure that the individual sections of the Plan/EIS are prepared as one cohesive document consistent in style and content. 6. The City will provide available necessary government documents, studies, site plans, GIS data layers and mapping and other technical informarion pertaining to the study area, including any appropriate electronic GIS data, aerial photos, and drawings of areas within the project study area. All documents will be retumed to the County/City as appropriate upon completion of this contract. 7. The City will consolidate all internal staff review comments on draft review documents and provide a single, complete set of comments to the Consultant for revisions. Unless otherwise noted, Consultant assumes one round of review for all draft documents. 8. The Consultant is not responsible for delays in the schedule resulting from delays in the provision of critical information or in decision-making by City staff, elected or appointed boards, commissions or citizen groups. 9. The Consultant will provide project updates and other information suitable for posting on the City's website; the City is responsible for website updates of available project materials. 10. City staff will be responsible for meeting notices, room arrangements and other logistics for public meetings. If recording or meedng notes are desired or required, those will be arranged or provided and paid for by the City. 11. This scope of services does not include assistance with or representation by any member of the Consultant Team at legal and quasi-judicial appeals. 07.13.10 $ Exhibit B: Project Schedule „ � � �':_ „ c�`� �� d� ��-�� ���,���- .�-�.�� �..� � ��� �___ __.__ _._ _ _ _ _____�_______ __ ___ _ __ _____ __ _ _�a ���a _ _ __ _ ��� _ _;;.. � � � :.. � __.__ _ _ _ . _ . __ . __ . _�� Task 1 ProJect IMiiatlon � ^ � I -- - - - - - --- -- --- -- - -- - - i ----- -`- ; - - - - -- -- i - --^ - - - --- - � --- � - - - - - � __�� - i Projectinitiation activities � ; � , ... ... � , i Task 2 Feasibilit�r/Sultabllity Malysis � , . ' . -- - - � - --..._ - -- - � - �- -- -- �_ � - � - -- - . , � - - -- � - Prepare markct study - - - . � � � Prepare existing condiuons analysis � � �-.� � Conduct suitabliry analysis �--�? i Develop preGminary altematives ' : --� • � SEPA EIS Scoping _--�;> � - - .._ ,_ . , � • - - • . ! Task 3 Poliry Framework � � - � � � � ' • � , - - -- _ --- - - -- ------ -- - -------- - ' -'- - - . . . . . _ —�=�� - - -- - Evaluate potential impacts of altemadves �� - - . � , � ' � i ; Prepare goals and principles for development ,-� ��-~' C; �, Prepare implemenung regulauons : "� � � �-`-�-��� m , - - . . , - .. . ' - � '. . � -- .__�_ E -- �- c , Task 4 Develop Physical Plan and Imptementatlon Strategles - �� ' _ __ _ _ . _- - -- ---- - - - - -- . _ __ --_ - __. _ __- - - � - - - - - - � - • - - - - Prepare conceptual land use maps ' - � --, _. -'- � �3 ; eg a , , Prepare capital faciLties plans ' . -�� V��> � �� --�, - • � f Compile draft Masrer Plan � TJ- � � ' ' iask 5 ErnironmeMal Review _ . _ - - , _ . . . . - - - - - �� - - - . -- -- - ------------ - --- - --.__ ._. .. --- --- - -- -- - - ---- - - -� - �- Compile preGminary Draft Planned Action EIS � � �`- � Preparc public Draft Planned Action E1S � , �-? ' i Prepare preliminary and public Final EIS , ; - -. � Task 6 Adoptlon and Implemer�tatlon �.� - - • - - - - - - - -- - - � - •-- - - - - - - - - - Finalize Master Plan, LID regulations and Capital Facilides Plan ' � � �- �-�,�' * Finalize Planned Action Ordinance � � � �-�' Adoption , i ' ; ; Task 7 Public Outreach - . - - - - - � -- - - - - -- - - -- - - --- �- - --- - -� --- - - - - - - - - �- -- - - - -- - -- - - � -- - -- , Public and Agency Outreach � ongoing as determined in Project Initiation 07.13.10 9 Exhibit C: Cost Estimate . - .� � - � . �����c�.��ct� � � �.� . : : . - . , � � ' , . ' ' B Q � U�S�J -it'SLS11H1 C.tRI.J � • ' p � 0 � � ` ' " � Subcontractor Equinox Blumen Henderson Melinda Weinman Research and Consutting Community Chris Webb Fehr 8 Young 8 Posner Consulting Consulting Labor Total Task Group Attributes Associates Peers Company Consulting LLC AHBL international Landau Mithun Subtotal Total Price -- -- --_.. ______.. -____ ___.------- --- --�-- - --- - _-- - - ----- ---- - - - -- � -- ------�._ _.. M ____ -- - -------- -�� - - -- - - - --- --- - - - -� �_- - --- Task i Project Initlatioe -- --- - - -. ___--- ---- -.- ---- ------ - -- -- -•--- _ . -- . . ' . - . , --_______ ______ _�- ---� -- . _�. _-_.._ __.� _ __ . __ __�-. _: ---- - - --. _ __�.________ _�_�__- ------_w._-' ---._ -_�_-- ---_ -�.___- -- - ---- _.._ .�_- ._ - ----.� .____.r. _____------ _. .____ ---_ __.__ 1.1 Conduct Project Kick-off $2,550 $1,000 $1,000 $1,000 $1,320 $560 $1,000 $1,000 $500 $1,000 $1,000 $9,380 $11,930 1.2 Re fine p ublic outreach and visioning strategy $600 � T _ _` $560 ,_ $560 $1,160 __�_____.___� __.r �__.-.-- ..._.__._-.,-___ _ __ --n . . ___. _______ � _.____.__� _.._. _-_, ---.- - .-. - - - - - -- - ..__ - -__,.__ . - Task 2• Feasibility/Suitabilfty Analysis - . . , ` : - •- - ---- - - ------- =-- ��..__ _ - ._ ._ -- ---_ � � : �__ �__ � _ __ -_ _ __: __ � _ _ . _ .��._ ° --� --- --._ ---_ _ �. - - 2.1 Prepare marketsnxdy � $900 $18,000 � � $18,000 $18,900 2.2 Prepare e�cisting conditions analyses $9,200 $5,000 $10,000 $1,400 $4,000 $3,500 $15,000 $3,000 $41,900 $51,100 2.3 Conduct suitability analysis $3,300 $12,000 $12,000 $15,300 2.4 Develop preliminary altematives $7,600 $1,200 $1,400 $1,400 $1,400 $1,400 $1,400 $1,400 $9,600 $17,200 2.5 SEPA E Scoping $1,550 $0 $1, 550 -_--- -- � - - ------- - -- _ _-- - ----- - -- --- _ _--_ --- --- -.- -- - ..._..-• - -- =- --- - --- - - - -�- - - ---r- � -----, - ------- - --_. _ - �-- _ -_ _ . Task 3: Creste Poliq Framework . - " � - " - ----�- - - -- s�.___.__ -_�.��------- • -- - -------_ -- --- - . ' --=-..._ _ =-- •- -- __ _. _ _.___-._. __._ _ ___y.._-- ---- ---- •------_- - �----�---- ---- - -- - - - - - - --- -, .,__.------ ---= --_-�_ __ ----�- �- 3.1 Evaluate potential impacts of altematives $5,600 $5,000 $10,000 $5,000 $3,600 $2,500 $5,000 $4,000 $35,100 $40,700 3.2 Prepare goals and principles for development $3,400 $2,000 $5,000 $5,000 $5,000 $2,000 $7,000 $3,600 $29,600 $33,000 33 Prepare implementing LID regulations $4,400 $5,000 $5,000 $8,000 $7,000 $2,000 $27,000 $31,400 _ ___-- --- --------- ------ - -__ .__- _ __ ._ _ _._. --- ------ - --- -_ -___ __ __. . - - ----�� _�_._- -- Task 4: Develop Physical Plan and ImplemeMaflon Strategies - --- - ------ - --__� _ _- _ --.- ---- -----_.___ . _ , , . . - . _ - -�--- ------- - ��_ __._��_ ___,��. __ __,.,. ___ ______ __.--.� -_-___--------- ---____.__ _--- --- --- -----.�___._ ---.-_�__- ------='------�-'-----�---=- --~ --�-�-- 4.1 Prepare conceptual land use maps $4,400 $6,000 $6,000 $10,400 4.2 Prepare capital facilities plans $3,400 $5,000 $7,000 $10,000 $22,000 $25,400 4.3 Com draft Master Plan $10,600 $1,000 $1,000 $1,000 $1,000 $1,000 $5,000 $15,600 -------- - ----�---_._ _�___----- -- --- ---- --�--�--__..__----- --- --------- ------�_.- -. _ ___--_ �. ._._-.-------�..__�___ __ _.----_ __----- -- - - ,--- -- - _. �.._ - Task 5: EnvironmeMal Revlew - . �: - - ' . : _ •_ � _ . _ � - ,_. _ . . . -- ---- . : ,___...__.0 _.. - - - - - - --- -�-- - -- -- -- --- ---- - 5.1 Compile PDEIS � ~ ~ $10,200 � $1,000 $1,000 $1,000 ^ $280 V �$1,000 $1,000 $1,000 $6,280 $16,480 5.2 Prepare Draft EIS $6,200 $500 $500 $500 $2.000 $500 $500 $500 $5,000 $11,200 53 Prepa F inal EIS $19,100 $2,000 $3,000 $2,000 $1,500 $2,000 $10,500 $29,600 ` - -- --- - ------------------- --- �- - -- --�- -r--- ---- - - -- -- -. -- ---- ------ - --- __ ____ _._ ------_-- -�------- Task 6: Adopdon and Imp - : - -- --- - - - - - - - ----- -. - - - . -�-- ----=---=--_._ __�____._---=----'-----==----- _-.-__z__ ......_.. __..:_ _�_.._..___�.__���._ _-._.___.._- ----�_._.._�:_.--�_�_._ �.T�__�_ __�.��___-__-__�=---�-�----- =�-- ___._ 6.1 Finalize Master Plan, L.ID regulations, and CFP $7,400 $500 $2,500 $1,000 $1,000 $1,000 $500 $1,000 $7,500 $14,900 6.2 F inalize Planned A ction ordinance $1,200 $1,000 $1,000 $2,200 _ �___. ._ ---- - __�� ___ _ . _-_ ---- - - �------ ------- _---- - --- ----- - -- ----- ---�----.__ --------- - - -. _� � --- -- -- :_- ----�_-- .,- - --- -- ____ _ -- �- �_ _--- --------- - - ° - Ta 7: Pub Ou treach - - . . _ - - " - - _ __ �.._,.__.�_._�_�___�----•�---'-'------,�.__.---_,__ __.__. _.__y..__-_�--=-- - _-----�_w.__ �_.,.:.____��___..___._ _.�:�--- .-------- 7.1 Stakeholder interviews $0 � ^ $2,240 $2,240 $2,240 7.2 Key messages & project identity $600 $1,680 $1,680 $2,280 73 Communication Materials $800 $3,500 $3,500 $4,300 7.4 Communiry Meetings (3) $1,800 $1,000 $1,000 $1,000 $7,280 $1,000 $11,280 $13,080 7.5 Stakeholder meetings & focus groups y _ _ $600 � A _ $5,460 , � v � ! ` �_ $5,460 _ $6,060 � ` _ ��,_ _ �_ _ _ � , __ _- -- `�_ _� � _ _ � �,_� - - - - - -- -- - _- __ ____ Task SrProject Management , �- - - -___��._.�_�.�----___�-__---=__----__ _�_. ------ ----------- ---•�- ° ---_-_--. _�_.__.,._---- --- .____- ------ =-_-__ _._� ---------- __ _ --- ---�---- - 8.1 Project management and meetings $11,040 $500 $500 ~ $500 $500 $500 $500 $300 $500 $500 $4,300 $15,340 Total hours $274,880 Subtotals $116,440 $23,700 $33,900 $48,900 $28,720 $21,560 $16,900 $36,500 $6,800 $33,500 $24,400 $274,880 $391,320 DirectExpenses $1,700 $500 $500 $2,000 $500 $970 $500 $500 $500 $500 $500 $8,670 Total price $118,140 $24,200 $34,400 $50,900 $29,220 $22,530 $17,400 $37,000 $7,300 $34,000 $24,900 $399,990 07.13.10 10 h DATE SUBMI'TTED: July 14, 2010 �' AGENDA BILL CITY OF BREMERTON � CITY COUNCIL .......................................................................................� �o. 5�t8 SUBJECT: Public earing and Ordinance Committee Meeting Date: June 8, 2010 amending BMC 20.48.060 entitled COUNCII, MEETING Date: July 21, 2010 "Residential Parking Development Department: DCD Standards". � Presenter: Nicole Floyd Phone: 360.473.5279 SUMMARY: The action before Council is to conduct a public hearing and adopt an Ordinance amending BMC 20.48.060 "Residential Parking Development Standards" as follows: 1) Reduce parking setbacks to 3' on side and rear lot lines; 2) Clarify setbacks associated to alleys; and 3) Allow required parking to be located in driveways. ATTACHMENTS: A. Staff Memo, Chart, and Planning Commission Minutes. B. Proposed Ordinance including Planning Commission Findings & Conclusions. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR (� COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS ❑ PUBLIC HEARING � RECOMMENDED MOTION: Move to pass Ordinance No. i 18 to amend BMC Section 20.48.060 Residential Parking Development Standazds. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action �.� �:����,,�a �.��� . , � �����`�-�w „� �,.�.�_ �°����� �= �'� �r���� _ << � DEPARTMENT OF � .� � ro_� � � Y ° � � COMMUNITY DEVELOPMENT � � � : � �; � ��::~; �� .� �' e � ;�; � :� ��, . � { f �i � '� � ' �� �'�€ � � ' �� MEMORANDUM A� �- �� .a.�.����w��..�����.� .�..�r_ �� a�,� To: City Council From: Nicole Floyd, City Planner Date: July 14, 2010 Subject: Zoning Code Amendments SUMMARY Over the past several years Staff has received complaints that the parking requirements associated to residential remodel and or expansion projects are substantially more restrictive than other jurisdictions in the area. Staff has researched several local jurisdictions including all of Kitsap County and has confirmed that the City's requirements are substantially more restrictive. Based on this finding, Staff then analyzed the Bremerton's code requirements to determine if the increased restrictions were achieving better site design than other jurisdictions. Staff found that the increased restrictions were not providing better site design and recommends the following amendments: • Reduce parking setbacks to match the setbacks of accessory structures (3 feet); • Clarify setbacks associated to alleys; and • Allow required parking to be located in driveways. Attachment I, is an amendment narrative chart that shows the difference befinreen jurisdictions and outlines the proposed amendments. If these amendments are approved Bremerton's parking standards will continue to be the most restrictive in Kitsap County, however they will be much more similar to our neighboring jurisdictions and will provide for substantially more flexibility than is currently permitted. The Planning Commission unanimously recommended these amendments at the Public Hearing held on May 18, 2010. Minutes from this meeting as well as the workshop held on April 20, 2010 can be reviewed in Attachment II. ATTACHMENTS • Attachment I— Amendment narrative chart • Attachment 11— Minutes from the Planning Commission hearing held on 5/18/2010 and the workshop held on 4/20/2010. ANALYSIS: The residential parking standards within the Zoning Code have remained mostly unchanged since the mid 1980's, even after a complete re-write of the code in 2005. As Bremerton has become more urban lot sizes have decreased. With this decrease the available space on lots has also decreased, leaving less and less space for parking. This has lead to challenges for residents and developers who want to remodel, expand, or redevelop their property. In addition to the decrease in lot sizes, the two required parking spaces must meet the same setbacks assigned to a residence, which substantially decreases the space available on the property. The intent of this code provision is to ensure parking demands associated to each home are accommodated onsite, rather than on the streets. Staff fully supports the intention of the code, however property owners have often struggled with Bremerton's requirements because typically there is ample areas on-site to park, but these areas cannot be counted towards the "required parking" because they do not meet the setbacks. For example, most driveways are within setback areas and therefore cannot be counted towards this requirement. Staff has compared Bremerton's standards with all other jurisdictions in Kitsap County including: Kitsap County, Port Orchard, Poulsbo, and Bainbridge Island. Staff also compared Bremerton's standards with cities of similar size's including Mountlake Terrace, University Place, Bellingham, and Lakewood; and larger Cities including Seattle and Portland. Based on this review, Staff found Bremerton's standards to be substantially more restrictive than all other jurisdictions reviewed. In order to determine the most appropriate code language Staff interviewed planners in most of these other jurisdictions to determine the code language that works the best. Based on this research Staff prepared and the Planning Commission recommends the following amendments: Setbacks: The Planning Commission recommends reducing the side and rear yard parking setback to three feet. Currently the side yard setback is �ve feet and the rear is �fteen feet for structures and parking alike. However, accessory structures are permitted to be three feet from the side and rear. It is unclear as to why accessory structures such as carports and garages, may be located substantially closer to the property lines than the location of the required parking. In reviewing other jurisdictions requirements (Attachment I) parking setbacks were generally less restrictive than setbacks for accessory structures. In order to ensure adequate separation between lots and to provide for flexibility, the Planning Commission recommends a 3' side and rear yard setback for parking to match the existing setbacks of accessory structures. It is important to notice that no change is proposed to the existing 15' front yard setback as it ensures front yards include landscaping in all areas other than the driveway, which as a maximum width of 20'. Alleys: Confusion arose in the Planning Commission Workshop relating to the side and rear yard setbacks associated to an alley. Revised language is proposed within the ordinance establishing that setbacks may be reduced to zero when adjacent to an alley. Existing language reduces the setback to 0' for side and rear yard setbacks, however this can be interpreted a number of ways. In order to alleviate the confusion Staff proposes to create a separate subsection entitled "Alley Setback" in order to clarify the code. Driveways: Planning Commission recommends allowing the space within the driveway to count towards the "two required spaces". Currently the code allows for parking in the driveway, but does not allow these spaces to count towards the requirement. Disallowing the driveway to count towards the par{cing requirements is unique to Bremerton and is often confusing and frustrating to applicants. This amendment would likely make no difference in terms of neighborhood compatibility because most residents park in the driveway regularly currently. The change would only impact the way spaces are counted. � Page 2 Attachment I Amendment Narrative Chart Bremerton's Existing Discussion Areas for Other Jurisdictions Standards Standards Potential Chan es Front Yard Setback: • Allow required parking in • Driveway Required Parking Allowed: All • No parking in setbacks. the driveway. jurisdictions (Including driveway) • Driveway Required Parking Disallowed: None Side Yard Setback: • 3' setback • 0' Setback: Kitsap County, Poulsbo, • 5' setback (same as accessory structures) Bainbridge Isl., Lakewood, Seattle, �• 0' Abutting an alley • 0' if on an approved Bellingham, University Place, Shoreline, driveway. Tacoma, Portland. • Clarify alley exception . 5' Setback: Port Orchard Rear Yard Setback : • 3' setback • 0' Setback: Kitsap County, Poulsbo, Port • 15' setback • Clarify alley exception Orchard, Bainbridge Isl., Lakewood, Seattle, • 0' if abutting an alley Bellingham, University Place, Tacoma, Portland. • 5' + Setback: Shoreline Driveway Width: • No change • 10' Min: Seattle (no max) 20' Max • 10-20' Width: Shoreline • 20' Width: Poulsbo, Port Orchard, Kitsap County, Bainbridge Island, Lakewood, Bellingham • 30' Width Max: Tacoma • 50% of lot width: Mt. Lake Terrace Jurisdictions Reviewed: Kitsap County, Poulsbo, Port Orchard, Bainbridge Island, Tacoma, Lakewood, Seattle, Bellingham University, Place, Tacoma, Portland, Shoreline, and Mt. Lake Terrace. Attachment II Planning Commission Meeting Minutes fo�: Wo�kshop held on Ap�il 20, 2010 � Public Hea�ing held on May 18, 2010 Minutes for City of Bremerton Planning Commission Regular Meeting Apri120, 2010 I. Call to Order The meeting was called to order by Vice-Chairman Hoell at 5:31 p.m. II. Roll Call Those present were: Commissioner Jose, Cammissioner Kosusko, Commissioner Streissguth, Commissioner Tift, and Vice-Chairman Hoell. Chairman Cockburn was excused. Quorum certified. Also present: Andrea Spencer, Nicole Ward, and Pam Bykonen (DCD staffl. IIL Approval of Agenda Vice-Chairman Hoell introduced the agenda. A motion was made by Commissioner Streissguth and seconded by Commissioner Kosusko to approve the agenda as presented. It was agreed by general consensus to approve the agenda as presented. IV. Approval of Minutes The minutes of the Regular Meeting held on March 16, 2010 were presented for approval by Vic� Chairman Hoell. A motion was made by Commissioner Kosusko and seconded by Commissioner Streissguth to approve the Regular Meeting Minutes of March 16, 2010 as presented. Called for a vote: Commissioner Jose: Abstain; Commissioner Kosusko: Yes; Commissioner Streissguth: Yes; Commissioner Tift: Abstain; Vice-Chairman Hoell: Yes. The motion carried. V. Public Meeting A. Call To The Public (public comments on any item not on tonight's agenda). Vice-Chairman Hoell asked if there were any comments from citizens. Seeing none, she closed , this portion of the meeting. B. l. Public Workshon — Zoning Code Amendments: Nicole Ward, City Planner, gave a PowerPoint presentation on proposed zoning code amendments regarding residential parking development standards. Nicole is involved in the permit application process and residential parking requirement is an issue that is often addressed. For this workshop, Nicole surveyed several jurisdictions in and around Kitsap County for their residential parking requirements and compared her findings to Bremerton's current parking requirements as well as the proposed parking requirements. Proposed changes include allowing a driveway to be counted as reyuired parking space and reducing the side and rear yard setbacks to three feet. Staff uses a diagram of a wide variety of lot configurations to determine what is a front, side, or rear yard. Any portion of a property that abuts an alley is considered a rear yard regardless of which side of the house it is on and having alley access reduces that setback to zero to encourage more off-street parking. Currently, parking is not allowed in the first 15 feet of the driveway because it is considered to be within the front yard setback; this requirement has been in effect since 1988 or before. One of the goals in changing the parking requirements is consistency with comparable jurisdiction's setbacks, including allowing parking in the driveway. Planning Commission Meeting April 20, 2010 Page 1 of 2 The commission discussed a variety of required parking space factors such as new versus existing structures for remodeling projects, appropriate parking space size, and how to determine what, where, and how large a driveway is. The general feeling was to make the residential parking requirements easier to understand by residents applying for building permits and more consistent with neighboring jurisdictions. The commission directed staff to create the appropriate documents to present at a public hearing in May. Vice-Chairman Hoell closed the Public Workshop. VI. Business Meeting A. Chairman's Renort: None. B. Director's Renort: Andrea Spencer, Director of Community Development, reported that she had received an email from John Cockburn asking for a leave of absence as he is not able to regularly attend meetings until November. Andrea asked if Vice-Chairman Hoell would be willing to assume the position of Chairman for the remainder of the year; elections for Vice- Chairman will then be held at the May meeting. Vice-Chairman Hoell graciously accepted the role of Chairman of the Planning Commission for the remainder of the year. � Beca.use of a schedule conflict, Commissioner Mosiman is not able to participate on the yearly CDBG Citizen Advisory Committee (CAC), so another volunteer is needed to attend the required training and review applications. Through the application and review process, the CAC selects non-profit organizations to receive project funding. A Planning Commission member serving on the committee is a requirement for the funding selection process. Puget Sound Regional Council (PSRC) will be holding its 2010 General Assembly and VISION � 2040 Awards dinner on May 20, 1010 in Seattle. Invitations will be sent to all commission members via email. C. Old Business: None D. New Business: Commissioner Kosusko suggested having a refresher course on signage requirements. VII. Adjournment Meeting was adjourned at 6:34 p.m. The next Regular Meeting is scheduled for May 18, 2010. Re e tfully su itt d by: drea , Executive Secretary Appmved by: •� c�.�,Q � ��..� (� � Lois Hoell, Chairman Planning Commission Meeting Apri( 20, 2010 Page 2 of 2 DRAFT FOR APPROVAL ON 7/20/10 Minutes for City of Bremerton Planning Commission Regular Meeting May 18, 2010 I. Call to Order The meeting was called to order by Chairman Hoell at 5:30 p.m. II. Roll Call Those present were: Commissioner Jose, Commissio iman, Com 's 'oner Streissguth, Commissioner Tift, and Chairman Hoell. Commis ' ers Cockburn and Kos were excused. Quorum certified. Also present: Andrea Spencer, Nicole Ward, and Pam B`o en (DCD staffl. III. � f Agenda Chairman Hoell introduced the agenda. A oti m y Commissioner Streissguth and seconded by Com ' o r Mosiman pprove agenda as presented. It was agreed by general cons, us to ve the age as presented. IV Election of t -Chairman Commissio p �r � S. �' uth o inate �a '� issioner Kosusko for the posirion of Vice- Chairma Calle vote: mmissioner Jose: Yes; Commissioner Mosiman: Yes; Com oner Streissgu : es; ''oner Tift: .Yes; Chairman Hoell: Yes. The vote was una m ' favor of C ission osusko as Vice-Chairman of the Bremerton Planning Commissi 2010. IV. Approval of Minutes The minutes of the ar Meeting held on April 20, 2010 were presented for approval by Chairman Hoell. motion was made by Commissioner Jose and seconded by Commissioner Tift to approve the Regular Meeting Minutes of March 16, 2010 as presented. Called for a vote: Commissioner Jose: Yes; Commissioner Mosiman: Abstain; Commissioner Streissguth: Yes; Commissioner Tift: Yes; Chairman Hoell: Yes. The motion carried. V. Public Meeting A. Call To The Public (public comments on any item not on tonight's agenda). Planning Commission Meeting May 18, 2010 Page 1 of 4 DRAFT FOR APPROVAL ON 7/20/10 Chairman Hoell asked if there were any comments from citizens. Seeing none, she closed this portion of the meeting. B. 1. Public Hearin� — ZoninS Code Amendments: Nicole Ward, City Planner, gave a PowerPoint presentation on the proposed zoning code amendments regarding residential parking development standards. Nicole is involved in the permit application process and the residential parking requirement is an issue that is often addressed. As part of this presentation, Nicole gave examples of what a typically sized vehicle is and compared it to the space requirement for off-street parking. She found tha most vehicles, including vans and trucks, could fit in a space that is 8'x18', the mini ize of a parking space required by the Bremerton Municipal Code (BMC). Currently, driveways are allowed a maximum wi of "• ut staff was asked to research examples of codes limiting driveways ximum � th based on the lot width. Nicole illustrated the possible effect o" `° driveway ' equirement with photos of new construction on narrow lots � 0 35-feet wide). Each e homes had a 20-foot wide driveway, as allowed by � rrent c e. If the co c nged to a maximum driveway width of 50% of the lot '� th es would not ave been able to be developed as they were because the allow imum width would not meet the requirement of two parking spa , each with a wi � eight feet. [Examples: SO% x 30'=15',2x8'=16'] Nicole had surveyed several juri 'ctio tn nd arou r Kitsap County for their residential parking requirements and p ' s to Bremerton's cunent code. She found that Br . e 's parking a etback re 'rements were as strict or stricter than most of th igh n jurisdiction . Commissioner ask , Nicole what - d of impact on customer service and understanding wou ° lo .. 'd�th ulation to determine driveway width have. Nic 1� e t' the n°�r of o'� �' �'�'" equirement would work for is small and more p� rt app i'o will `� nied because the maximum allowed driveway width could ' smaller than t uire space. Ch �, an Hoell as �e if th re were any comments from the public. A letter had been recei om a loca sinessman, Victor Targett, supporting the proposed changes to Bremert s esiden ' parking code; no other speakers came forward. Chairman Hoell closed the p on of the Public Hearing and moved on to deliberations. Chairman H 1 stressed that the goal of these amendments was to make the code more amendable to staff and the public alike. Commissioner Mosiman asked about proof of ADA needs and how that would affect the property for future owners as the appurtenances are usually permanent. Nicole explained that ADA language has always been a part of the code but it appeared as a change in the amended text because it was relocated for better readability. ADA ramps rarely affect parking requirements but can encroach on the front yard setback. Any structure created for ADA access becomes a permanent part of the property. Planning Commission Meeting May 18, 2010 Page 2 of 4 DRAFT FOR APPROVAL ON 7/20/10 Commissioner Streissguth noted that the number of required parking spaces had not changed and thought there had been some discussion of reducing the number to one required parking space to encourage the use of public transit. She asked staff if other jurisdictions used a reduced parking requirement in a residential zone as an incentive, perhaps with multi-family developments. Andrea Spencer, Director of Community Development, explained that a change in parking requirements is undertaken in concert with sub-area plans and Centers on major bus routes can be targeted for a parking reduction incentive program. This item will be added to the "bullpen" for future research and deliberation. Commissioner Tift asked for clarification on current pa � g requirements if the house has a one-car garage. Nicole explained that, under the n ode, a homeowner would have to have an additional 18' outside of any setb � to c u s the second required parking space. Commissioner Streissguth noted that . Targett's comment le r ad not been • included in the Findings and Concl - Sta ill amend th � dings and Conclusions to include the comment letter. A motion was made by Com ' sioner Streissgu d seconded by Commissioner Jose to recommend that Ci � ncil adopt t endments to BMC 20.48 ��Residential Parking" as detaile ment I, b the amended Findings and Conclusions presented in Att hm � alled fo vote: Commissioner Jose: Yes; Commissioner Mosiman: Yes o s e issguth: Yes; Commissioner Tift: Yes; Chairm : Yes. The on came Chairman e losed � ublic Hearin �., i� Meeting A. rman s' an Hoell about having the Department of Ecology � e a presentat� the P ommission on shorelines. Nicole said that, although ent of Eco �; staff nnot attend the meeting, Community Development will giv resentarion i ly o the Shoreline Master Program Update. The consultant on this p'� will also n attendance. B. Director's e n preparation for the Shoreline Master Program Update at the July meeting, An asked the Commission for permission to cancel the June Planning Commission eting, which they gave. The Request for Proposals (RFP) for SKIA has been advertised and will close June 7, 2010. A Planning Commission member is needed to review and grade the proposals. Commissioner Jose ofFered his services. Andrea reported that the City is still working with the budget to determine areas where cost-saving measures can be implemented as revenues are down for a second year with a similar outlook for 2011 and possibly 2012. Planning Commission Meeting May 18, 2010 Page 3 of 4 DRAFT FOR APPROVAL ON 7/20/10 C. Old Business: A Planning Commission member is needed to participate on the Community Block Grant (CDBG) Citizen's Advisory Committee to select recipients of Block Grant monies. Commissioner Jose volunteered for this position. D. New Business: Commissioner Streissguth suggested including rising sea levels as a component of the Shoreline Master Plan update. VII. Adjournment Meeting was adjourned at 6:18 p.m. The next Regular Meeting is sc ` for July 20, 2010. Respectfully submitted by: Andrea L. Spencer, Executive Secretary Approved by: Lois Hoell, Chairman �f �j'��, ` ��' r�" s��e "'� Planning Commission Meeting May 18, 2010 Page 4 of 4 ORDINANCE NO. S�I S AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the Zoning Code in Section 20.48.060 Residential Parking Requirements in order to modify setback requirements and to clarify driveway and alley provisions. - WHEREAS, the City Council adopted Ordinance 4950 on November 30, 2005 establishing a new Zoning Code; and WHEREAS, through practical use and application of the Zoning Code the need for modification has been identified; and WHEREAS, the City of Bremerton has established a procedure for amending the Zoning Code in Title 20.18.020 (d) of the Bremerton Municipal Code (BMC), which requires amendments to the Zoning Code to be both consistent with the goals and policies of the Comprehensive Plan and to be consistent with other applicable rules and regulations; and WHEREAS, these amendments are consistent with the City's Comprehensive Plan, County Wide Planning Policies, The State Growth Management Act, and other applicable regulations and ordinances; and WHEREAS, on Apri120, 2010 the Planning Commission conducted a workshop on the proposed amendments; and WHEREAS, on May 8, 2010 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and WHEREAS, on May 10, 2010 the proposed Zoning Code amendments were circulated to the State Agencies for the requisite 60-day review and comment period and the City received conformation on May 12, 2010 that the notice was received; and WHEREAS, on May 11, 2010 a SEPA DNS was issued for the proposed action with an administrative appeal deadline of June 8, 2010 and no appeals were filed; and WHEREAS, on May 18, 2010 the Planning Commission conducted a public hearing on the Zoning Code amendments and formulated a recommendation to forward the amendments for City Council consideration; and WHEREAS, on July 10,2010 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and 1 Zoning Code Amendment WHEREAS, on July 21, 2010 the City Council conducted a public hearing and considered all testimony prior to their decision. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The findings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 2. Section 20.48.060 in the Bremerton Municipal Code entitled "Residential Parking Development Standards" is hereby amended as follows: 20.48.060 RESIDENTIAL PARKING DEVELOPMENT STANDARDS. The following provisions apply to off-street parking spaces for all residential development: (a) Surface: Driveways and areas used for loading, parking and maneuvering motorized vehicles shall have a paved surface. (b) Gravel Surface Driveway: A gravel surface driveway may be allowed for a single-family residence for that portion of the driveway that is more than 100 feet from the lot line where access is provided. Any driveway approved for a gravel surface shall include a paved apron in front of the garage automobile door entrance extending a minimum depth of eighteen (18) feet and at least the width of the garage door. (c) Side Yard Setback: Minimum three (3) feet. When parkin� is located in an approved drivewav the setback for parkin� mav be reduced to zero (0) feet. �e-�la�e .,L.,,�+:.,.. ., .,tlo., �l,o �:,lo < .,,..a �e+l.�..L ,,�,-L;,� « ..o,i,,,.o,a +,. .�o e ' (d) Rear Yard Setback: Minimum three (3) feet. When parking, is located in an approved drivewav the setback for parking may be reduced to zero (0) feet. ��i�� „�..,,,-t:..,. „ „»o<. +�.o ,. .,,.a �o*�,.,,.�� ��..,.;..,, � _oa,,,.oa +,. �o , � . (e) Allev Setback: Zero (0) feet. �Front Yard Setback: No parking shall be located within the front yard setback area of the zone, except within paved driveways, unless allowed otherwise by law. f#�(gl Stall Dimensions: (1) Parking stalls for a single-family dwelling shall have a minimum width of eight (8) feet and depth of eighteen (18) feet. (2) Parking facilities for two or more dwellings shall comply with the design standards prescribed in BMC Section 20.48.080. These design standards may be modified to allow stacked parking spaces for a residential structure containing up to four (4) dwellings provided the parking spaces comply with setbacks. (h) Driveways: *i.e . ,;a+i. ; ,.� ..., o .t,.,� �..,o�h, r�m � o+ ��a � 2 Zoning Code Amendment (1) A drivewav mav be located within anv setback area for a residential use provided it complies with all applicable City Street and en in� eering standards established in Chanter 11 BMC. (21 The driveway shall not be less than ei h� t(g) feet in width and not more than twenty (20) feet in width within the front vard setback. �° �+'�:„ •�-�a °°+���'�° :�+ , °a ; The Director may approve exceptions to the maximum drivewav width when necessarv for compliance with the Americans with Disabilities Act (ADA) standards. ; ����rt,o r�:« ,.+,. r+;,,,, �„ +t,o , ,., , , � .. ,. ��;.,�,.o .,,:+�, n..,.,o,.:,..,�� . ,;�i, n;�.,�:i;+;e� _n „+ i n r� n � ��„�a.,..a� �Required Parking Spaces: The number of off-street parking spaces shall be provided in accordance with the use and the following corresponding standards, except as modified per BMC Section 20.48.050: Number Minimum Number of Tvne of Use: of Bedrooms: Parkin� Spaces: (1) ADU See BMC 20.46.010 (2) Single-unit residential All 2.0 per dwelling (3) Two- unit residential All 2.0 per dwelling (4) Multi-unit residential 1 or less 1.5 per dwelling (5) Multi-unit residential 2 1.75 per dwelling (6) Multi-unit residential 3 or more 2.0 per dwelling (7) Group Residential Facility, Class I 2.0 plus 1.0 for each bedroom Group Residential Home beyond the first 4 plus 1.0 for each Adult Family Home 300 square feet of gross floor azea used for counseling SECTION 7. Severability. If any one or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 8. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. 3 Zoning Code Amendment PASSED by the City Council the day of , 2010 NICK WOFFORD, Council President Approved this day of , 2010 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2010 EFFECTIVE the day of , 2010 ORDINANCE NO. R:�L,egal�L.egal\Ordinances\Community Development�2010 Zoning code Amendments.doc 4 Zoning Code Amendment Exhibit A FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary: Proposed amendments relate to the Bremerton Municipal Code (BMC) 20.48.060 Residential Parking standards. Generally amendments are to relax parking setbacks to match the setbacks of accessory structures rather than primary structures. Additionally amendments are to clarify language about alley setbacks and driveway requirements. 1. FINDINGS OF FACT 1. Project Description: Proposed amendments to the Zoning Code include the following: _ o Reduce parking setbacks to match that of Accessory Structures: 1. Front yard setback: Allow for parking in the driveway. 2. Rear yard setback: 3' 3. Side yard setback: 3' o Clarify A11ey Setbacks: Revise language relating to setbacks associated to alleys to clarify that no setback is required for parking adjacent to an alley. o Revise Driveway Requirements: Establish a minimum and maximum size for driveways in order to ensure front yard setback areas are not overwhelmed by parking. 2. Procedural History 2.1 April 20, 2010 - Planning Commission Workshop . 2.2 May 8, 2010 - Notice of Public Hearing 2.3 May 11, 2010 — SEPA DNS 2.3 May 18, 2010 - Planning Commission Public Hearing 3. Public Comment Individuals providing verbal testimony at Planning Commission public hearing: a. Victor Target - Developer 4. SEPA Determination . A Determination of Non-Significance was issued on May 11, 2010, with a comment deadline of May 25, 2010, and an appeal deadline of June 8, 2010. No comments or appeals have been filed to date. 5. Consistency Zoning Code text amendments shall meet the decision criteria outtined in BMC 20.18.020 (d). The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the Zoning Code text if the criteria outlined below are met. Exhibit A BMC 20.18.020(d)(1) allows text amendments if they are consistent with the goals and policies of the Comprehensive Plan. Analysis: The amendments are minor and continue to uphold the objectives and goals of the Comprehensive Plan. These amendments do not change the intent or purpose of the Zoning Code. BMC 20.18.202(d)(2) allows text amendments if they are consistent with other City, State, and Federal codes, regulations and ordinances. Analysis: The proposed amendments to the Zoning Code do not conflict with any other regulations. II. CONCLUSIONS $ RECOMMENDATION Based on the findings above, Planning Commission concludes that the Zoning Code amendments meet the requirements in BMC 20.18.020, text amendments to the Zoning Code, and therefore recommends the adoption of the amendments to the Zoning Code. Res ctfully submitted by: ndrea . encer, Executive Secretary pproved by: ��� �� ��e.s�� Lois Hoell, Chair DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Public Hearing and adoption of Committee Meeting Date: July 14, 2010 Resolution No. l2o making changes to the COLJNCIL MEETING Date: July 21, 2010 2008 and 2010 CDBG(HOME Action Plans Department: DCD — Block Grant Presenter: Marie Vila Phone: 360-473-5375 SUMMARY: On July 15, 2009, City Council approved an amendment to the 2008 CDBG / HOME Action Plan concerning allocation of the City's CDBG-R award, and on October 21, 2009, City Council approved the 2010 CDBG / HOME Action Plan allocating of the City's CDBG, both based on Citizen Advisory Committee recommendations. Because CDBG-R funding must be expended in a timely manner and the Boys and Girls Teen Center Construction project has met with project delays related to site change, staff recommends switching its funding to the 2010 CDBG allocation, and using the 2008 CDBG-R funds for KCR's Weatherization project, which already has experience handling CDBG-R funds, and can meet HUD's expected expenditure timelines. ATTACHMENTS: 1. Staff Memo 2. Resolution and Exhibits • Exhibit A: Draft Action Plan to HUD FISCAL IMPACTS (Include Budgeted Amount): none APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR (,.� COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS ❑ PUBLIC HEARING � RECOMMENDED MOTION: Move to adopt Resolution No.312D approving the amendments to the 2008 and 2010 Community Development Block Grant Action Plans as described in Exhibit A, and authorize the Mayor to finalize and execute the contracts with substantially the same terms and conditions as presented once HLJD has approved these Action Plan amendments. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ..�_--- - ----, ; fi�:_�=�.:: : - - -,_: _��; � - -- - - _ i � ���, ```� -��' ' DEPARTMENT OF i ;��.� a. � � r ��'�ij ' ' ` "_� � � -%--,'� � COMMUNITI( DEVELOPMENT j,� �. : . , .,. � ;j ----,._. � �/_�� ' I {# ` �;( ,� 1- , � a _�-�: : ;; '� �`�� � } t ��=�.-�� f; ��� Q�.� M E M O RAN D U M �_ ����,s- - _ - =-___ _ - _ � .{:.�„�:� � To: City Council From: Marie �la Date: July 21, 2010 Re: CDBG-R Funding Proposed Re-Ailocation CDBG-R Funding $147,993.00, to be used as follows: Administration 10% $14,799.30 Public Service 15%, o tional $22,198.95 Ca ital Pro'ects at least 75%' $110 994.75 Total $147,993.00 "Up to $133,193.70 could be used for a Capital project (Public Svc + Capital) CDBG-R Funding requirements In 2009 the City of Bremerton awarded $133,193.70 in CDBG-R funds to the Boys & Girls Clubs of South Puget Sound for construction of its new Bremerton Teen Center. CDBG-R funds are much like CDBG fund, but there are a few very important differences: 1) CDBG-R funds must be expended no later than September 30, 2012. CDBG-R funded projects must reach completion shortly thereafter (by the end of 2012). 2) Give preference to projects that can be initiated expeditiously, not later than 120 days after February 17, 2009. 3) Reporting through FederalReporting.gov, which provides public access to project progress updates on a quarterly basis. Because of the increased reporting transparency and scrutiny, HUD is under pressure to put the funds to use quickly and effectively. CDBG-R funds have additional goals° 4) Consider CDBG-R's overarching goals include: a. Modemize nation's infrastructure b. Improve energy efficiency 5) Strong emphasis of using funds for hard develoament costs associated with the above goals 6) Maximize job creation 7) Encourage projects that promote energy conservation, smart growth, green building technology, or reduced pollution emissions. CDBG-R Today • Boys & Girls Club has delayed their project to conduct additional studies. The Club has now confirmed it will change the project site. The site change requires an amendment to the City's 2008 CDBG Action Plan. • Our local HUD office is concemed about the City's delay in using the CDBG-R funding, and this was a point of discussion during our recent HUD monitoring. 1 • Additionally, our local HUD office is receiving pressure from Headquarters (DC) to�xpedite the expenditure of CDBG-R funds. For these reasons, the Block Grant staff recommends moving the CDBG-R funds awagr from the Teen Center project. Funding Reallocation 2008 CDBG/HOME Action Plan: Allocate $133,193.70 of CDBG-R funding to sub-recipierrt Kitsap Community Resour�s for Weatherization and Minor Home Repair Agency Project Funding Source Original Action Plan Amended Action Plan Boys & Girls Club Teen Center CDBG-R $133,193.70 $0.00 Construction Kitsap Community Weatherization and CDBG-R $0.00 $133,193.70 Resources Minor Home Repair 2010 CDBG/HOME Action Plan: Allocate $100,000 of CDBG funding to sub-recipient Boys & Girls Clubs of South Puget Sound for Bremerton Teen Center Construction. Agency Project Funding Source Original Action Plan Amended Action Plan Boys & Girls Club Teen Center CDBG $0.00 $100,000.00 Construction Kitsap Communiry Weatherization and CDBG $100,000.00 $0.00 Resources Minor Home Repair Timeline Implement funding switch via Substantial Amendment to 2008 (CDBG-R) and 2010 (CDBG) Action Plans. June 21, 2010 Public Notice; advertise 30 day public comment period in Kitsap Sun July 14, 2010 Study Session July 21, 2010 Comment period closes; Public Hearing; Council action July 23, 2010 Submit Substantial Amendment to HUD for approval. � • Page 2 RESOLUTION NO. I v A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting amendments to the 2008 and 2010 CDBG/HOME Action Plans. WHEREAS, the City of Bremerton is an entitlement community which receives a Community Development Block Grant (CDBG) grant each year from the Department of Housing and Urban Development; and WHEREAS, the 2008 Action Plan, as amended through Council action on July 15, 2009, included allocation instructions for CDBG funding received through the American Recovery and Reinvestment Act (ARRA), otherwise known as CDBG-R; and WHEREAS, the Boys & Girls Club Teen Center Construction project has engaged in further study resulting in a major change to its project site; and WHEREAS, CDBG-R funding must adhere to tighter statutory timelines and expenditure deadlines than regular CDBG funds; and WHEREAS, the Boys & Girls Club Teen Center Construction project, funded with $133,193.70 in CDBG-R funds through the 2008 Action Plan, has met with project delays related to project site change, which may prevent it from meeting the CDBG-R timeliness requirements; and WHEREAS, the KCR Weatherization and Minor Home Repair project was funded $100,000 through the 2010 Action Plan, is shovel-ready, and has experience handling CDBG-R funds; and WHEREAS, staff recommends switching the funding allocation for these two projects, directing the $133,193.70 of 2008 CDBG-R funds to KCR's Weatherization project and the $100,000 of 2010 CDBG funds to the Boys& Girls Club Teen Center Construction project; and WHEREAS, no comments were received during the advertised 30-day public comment period; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 2008/2010 Action Plan Amendments SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION Z. The 2008 and 2010 Action Plan Amendments, as described in Exhibit A, are hereby adopted and shall be submitted to the U.S. Department of Housing and Urban Development for approval. SECTION3. Severabilitv. 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. SECTION4. 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 , 2010. NICK WOFFORD, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R:�L.egal�l.egal�Resolutions\Community Development�2008 2010 Action Plan Amendment.doc 2 2008/2010 Action Plan Amendments � �-r=— __�� �� �_-� — �s ` —, ; _��;��. �.-�_'���=--�1 � EXHIBIT A � � ��.� �=°.�,:: `�'...����� � i ; � '; ���:��.`��,�,;r5. �a . ,�"�'^-_�:�'� �.�„ , 1 ''� ��� �R��` ��� ��' � � �,� =-t"� : ,�„�-�;;�� �:-�i !I �;� .T�x."K,'a,,,�—..<,:.a rj� � , w� - `'� - � � � 4 •,�!a'%`i� ' I ' -�.,��-�- ' " ��`" . .__._�. �i �/ % T'/ �'�t�e.�ii �.`FI� � '; =� '�- � ��'==; �-„� -_ °�'� I � � �� ;�a:°— r ��i,�.a^;�s,: � �°"''���_,��..«�'�_°`�-`•��`���'� I ��:� `�^��.�.,.��'�``��'��.��'.���".'�: ��w'�✓' ! --- --_--� Department of Community Development CDBG/HOME Programs 345 6th Street, Suite 600 Bremerton, WA 98337 360-473-5375 marie.vilaC�a.ci. bremerton.wa. us July 22, 2010 Quincy Williams US Department of Housing and Urban Development Community Planning and Development 909 First Avenue, Suite 200 Seattle, WA 98104 RE: Amendments to 2008 and 2010 CDBG Action Plans Dear Quincy: In 2009 the City of Bremerton awarded $133,193.70 in CDBG-R funds to the Boys 8� Girls Clubs of South Puget Sound for construction of its new Bremerton Teen Center. In 2010 the City of Bremerton awarded $100,000 in CDBG funds to Kitsap Community Resources for its Weatherization and Minor Home Repair project. Boys & Girls Club has delayed their project to conduct additional studies. The Club has now confirmed it will change the project site. The site change requires an amendment to the City's 2008 CDBG Action Plan. At this time it is unclear how the site change will impact the project's timeline. For this reason, the City is reallocating the CDBG-R funds to the KCR Weatherization project, which is ready to use the funds now, in exchange for KCR's CDBG award. This letter serves to notify HUD of these amendments and to summarize the steps taken to fulfill the citizen participation requirements as outlined in the City's 5-year Consolidated Plan and annual Policy Plan. The City amends its prior-year Action Plans as follows: 2008 CDBG/HOME Action Plan: De-fund $133,193.70 of CDBG-R funding from Boys & Girls Teen Center Construction, and reallocate it to Kitsap Community Resources for Weatherization and Minor Home Repair Agency Project Funding Source Original Action Plan Amended Action Plan Boys & Girls Club Teen Center CDBG-R $133,193.70 $0.00 Construction Kitsap Community Weatherization and CDBG-R $0.00 $133,193.70 Resources Minor Home Repair 2010 CDBG/HOME Action Plan: De-fund $100,000 of CDBG funding from Kitsap Community Resources for Weatherization and Minor Home Repair and reallocate to Boys 8� Girls Clubs for Teen Center Construction. Agency Project Funding Source Original Action Plan Amended Action Plan Boys & Girls Club Teen Center CDBG $0.00 $100,000.00 Construction Kitsap Community Weatherization and CDBG $100,000.00 $0.00 Resources Minor Home Repair Page 1 of 2 As required by the City's Consolidated Plan, and as outlined in its 2010 Policy Plan, Citizens were notified and given the opportunity to comment on the substantial amendments proposed to the 2008 and 2010 Annual Action Plans. The following steps ensured this: • The substantial amendment was advertised in the Kitsap Sun on June 21, 2010, opening a 30-day public comment period ending July 21, 2010. No comments were received. • Details of the substantial amendment were posted on the City of Bremerton public website. • The substantial amendments were presented to the public in a public hearing held July 21, 2010. • City Council approved the amendments on July 21, 2010. • All comments collected during the two public comment periods were accepted and forwarded to City Counci� p�ior to taking action on these items. There were no public comments regarding the KCR project, except for the applicant's comments in support of the project during the second hearing. Attached is Table 3 with additional project information for your records for each of the years impacted. Should you have any questions about any of these items, please do not hesitate call me. Sincerely, � � k Marie Vila, CDBG/HOME Program Administrator i f xN�